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:
It is Your goodness and providence, good Lord, that we have been brought to this day and in this place. Thank You! And as we are standing on the threshold of this brand new Legislative Session, we know there are before us untrodden paths and unknown challenges. We pray, then, that You would break into our lives this day like the rays of the sun entering into the world at the sunrise. Illumine our hearts and minds so that we may see clearly who You are, who we are, and what we are to do for Your people. Give us the vision to see Your way, and the wills to follow it without compromise.
Hear us, Lord God, as we pray in praise and thanksgiving.
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.
Rep. SHARPE moved that when the House adjourns, it adjourn in memory of William Van Hegler, Sr. of Lancaster, which was agreed to.
The following was received.
November 18, 1997
Mrs. Sandra McKinney
Clerk of The House of Representatives
State House
Columbia, South Carolina 29211
Dear Mrs. McKinney:
The State Election Commission has certified to this office those members of the House of Representatives of South Carolina which were elected in the general election held on November 4, 1997.
The members are hereby certified as set forth in the attached pages as the duly and properly elected members of the House of Representatives, all of which are duly certified.
Sincerely,
Jim Miles
Secretary of State
District 11 Harry C. Stille Democrat
District 12 Jennings G. McAbee Republican
District 13 Jim Klauber Republican
District 14 Marion P. Carnell Democrat
District 39 Molly Spearman Republican
District 54 Douglas Jennings, Jr. Democrat
District 55 Marion H. Son Kinon Democrat
District 81 Rudy Mason Republican
District 82 William Bill Clyburn Democrat
District 83 Scott Beck Republican
District 84 James Roland Smith Republican
District 86 Charles Sharpe Republican
District 90 Thomas N. Rhoad Democrat
District 91 Wilbur L. Cave Democrat
District 101 Kenneth Ken Kennedy Democrat
District 103 Theodore Ted Brown Democrat
District 106 Tom Keegan Republican
District 108 Vida O. Miller Democrat
District 120 Bill Bowers Democrat
District 121 Walter P. Lloyd Democrat
District 122 Clementa Pinckney Democrat
District 124 Edie Rogers Republican
Received as information.
The following was received.
December 23, 1997
Mrs. Sandra McKinney
Clerk of The House of Representatives
State House
Columbia, South Carolina 29201
Dear Mrs. McKinney:
Under date of December 18, 1997, the State Election Commission certified to this office the results of the election in House District Sixty-Three, held in South Carolina on December 15, 1997. The Certification shows that Honorable Jim McGee has been elected to the South Carolina House of Representatives, District Sixty-Three.
I, therefore, certify that Honorable Jim McGee has been elected as a member of the South Carolina House of Representatives from District Sixty-Three, for a term as prescribed by law.
Yours very truly,
Jim Miles
Secretary of State
Received as information.
The members-elect presented their credentials and the oath of office was administered to them by the SPEAKER.
The following was received.
August 14, 1997
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Mr. Speaker:
It is with decidedly mixed emotions that I hereby resign, effective immediately, my seat in the House of Representatives in order to become Chief Legal Counsel to Governor Beasley.
Thank you for your tutelage, and more importantly, for your friendship. I'll still be on the team, just playing a different position!
Sincerely,
L. HUNTER LIMBAUGH
Received as information.
The following was received.
December 5, 1997
The Honorable David H. Wilkins
Speaker of the House of Representatives
P.O. Box 11867
Columbia, S.C. 29211
Dear Speaker Wilkins:
Please accept this letter as my resignation from my position as representative of House District 45. After listening to friends and family here in my hometown of Lancaster, I've decided to take their advice and focus my energies on becoming the next governor of this great State.
With our SAT scores rated last in America, violence increasingly occurring in our schools, and crumbling portable classrooms housing more and more of our students, my campaign for better schools in our State needs to be my sole focus.
Since 1986, the fine people of Lancaster County have honored me by permitting me to represent them in Columbia. My family and I will be eternally grateful for their confidence in my leadership. Together, we fought for and secured full-day kindergarten for every South Carolina child and a more cost effective state government all while keeping taxes as low as possible.
However, so much more needs to be done to make our State the best it can be. I've decided that as Governor, I could lead our State into the 21st Century with a focus on making our public schools the best in the South.
I hope you will quickly exercise your authority under South Carolina law to hold a special election for the now-vacant House District 45 seat. Your quick action will result in Lancaster County enjoying representation during the most critical part of the upcoming legislative session. For Lancaster County, the timing of my resignation means that our new Representative will have additional seniority over freshmen legislators elected in 1998.
Thank you for your consideration in this matter.
Sincerely,
JAMES H. HODGES
Received as information.
The following was received.
August 21, 1997
The Honorable W. Jeffrey Young
988 Heather Lane
Sumter, South Carolina 29154
Dear Jeff:
It is with pleasure that I appoint you to the House Rules Committee effective immediately. I know that you will serve with great honor and distinction.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received.
August 21, 1997
The Honorable Thomas Scott Beck
22 Rapids Court
North Augusta, South Carolina 29841
Dear Scott:
It is with pleasure that I appoint you to serve on the House Judiciary Committee effective immediately thereby creating a vacancy on the House Agriculture, Natural Resources and Environmental Affairs Committee. I know you will serve with great honor and distinction.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received.
September 10, 1997
The Honorable Tracy Edge
1423 Edge Drive
Post Office Box 1182
North Myrtle Beach, South Carolina 29582
Dear Tracy:
It is with pleasure that I appoint you to serve on the House Agriculture, Natural Resources and Environmental Affairs Committee effective immediately thereby creating a vacancy on the Medical, Military, Public and Municipal Affairs Committee. I know you will serve with great honor and distinction.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received.
December 15, 1997
The Honorable Mike Easterday
16 Two Gait Lane
Simpsonville, South Carolina 29680
Dear Mike:
It is with pleasure that I appoint you to serve on the House Judiciary Committee effective immediately thereby creating a vacancy on the House Agriculture, Natural Resources and Environmental Affairs Committee. I know you will serve with great honor and distinction.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received.
OFFICE OF THE SPEAKER
December 18, 1997
The Honorable Jennings G. McAbee
Route 1, Box 121
McCormick, South Carolina 29835
Dear Jennings:
It is with pleasure that I appoint you to serve on the House Agriculture, Natural Resources and Environmental Affairs Committee effective immediately. I know you will serve with great honor and distinction.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received.
January 6, 1998
The Honorable James G. McGee III
3306 Dogwood Chase Court
Florence, South Carolina 29501
Dear Jim:
It is with pleasure that I appoint you to serve on the House Medical, Military, Public and Municipal Affairs Committee effective immediately. I know that you will serve with distinction.
If you have any questions, please do not hesitate to contact me.
Sincerely,
David H. Wilkins
Speaker of the House
Received as information.
The following was received.
Columbia, S.C., January 13, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, O'Dell and Alexander of the Committee of Conference on the part of the Senate on H. 3563:
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
Very respectfully,
President
Received as information.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.
November 5, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Bankers Association will host its annual reception for the General Assembly on Tuesday, January 13, 1998, from 6:00 - 8:00 P.M. at the Adam's Mark Hotel, 1200 Hampton Street, Columbia, South Carolina. We would like to cordially invite the members of the House to attend this function.
I would appreciate your reserving this date on the House Calendar and notifying me upon confirmation of this date. Should you need additional information, please contact me at 779-0850.
Sincerely yours,
E. Anne Gillespie
Senior Vice President
October 31, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The purpose of this letter is to invite the members of the House to join members of South Carolina Manufacturers Alliance Board of Directors and other chief executive officers to a breakfast on Wednesday, January 14, 1998. The breakfast will be held at the Adam's Mark in Columbia beginning at 7:30 A.M. Invitations will be sent directly to members of the House for their attendance response.
The Alliance is a lobbyist principal organization and this event will be in compliance with the State Ethics Act of 1991. Should you have any questions or need additional information, please do not hesitate to contact us.
Cordially,
James R. Morris, Jr.
Executive Vice President
May 30, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Pursuant to our recent telephone conversation with your office, we are confirming the following.
The National Federation of the Blind of South Carolina, in accordance with information given by your office, will be hosting the entire General Assembly with a luncheon to be held in Room 208 of the Blatt Building, Wednesday, January 14, 1998, between 12 Noon and 2:00 P.M. This will be a buffet luncheon.
We shall be glad to cooperate with your office in any additional manner, doing whatever necessary to finalize arrangements for the January 14, 1998 event.
With kindest personal regards and sincere best wishes, I am
Cordially,
Donald C. Capps, President
September 19, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Society of Professional Engineers and the Consulting Engineers of South Carolina have been pleased to honor the members of the South Carolina General Assembly for several years with a reception held at the Columbia Museum of Art.
This event is a pleasant affair and an excellent way to begin the legislative session for the legislators as well as the members of the two engineering societies. For this reason, we would like to request the date of Wednesday, January 14, 1998, from 6:00 to 8:00 P.M. on that year's legislative Calendar. Please consider this letter as the request for that date and notify this office whether or not it is acceptable.
Thank you for the opportunity the Invitations Committee affords the professional societies and the general public for meeting with the Senators and Representatives to express their concerns.
Sincerely,
Consulting Engineers of South Carolina
South Carolina Society of Professional Engineers
Jean C. Davis, Account Executive
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On January 15, 1998, the Christian Life and Public Affairs Committee of the South Carolina Baptist Convention will host a breakfast for the South Carolina Legislature. The purpose of this meeting is to dialogue with our State Representatives and Senators and to discuss legislative issues together.
The breakfast will be held at the Holiday Inn-Coliseum, Assembly Room, at 630 Assembly Street, Columbia, from 8:00 A.M. until 9:30 A.M.
Please add this event to your Calendar. If you have any questions, please call me at 765-0030, extension 4601.
Thank you,
Tina Inabinette
December 9, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Clarion Town House Hotel would like to host our 3rd Annual Oyster Roast and Frogmore Stew honoring the S.C. General Assembly and staff Tuesday, January 20, 1998, 6:30 P.M. - 8:30 P.M.
We ask your approval to be placed on the official Calendar for this event.
I look forward to hearing from you and hopefully to see you in January.
Best regards,
Bill Ellen
Director of Sales
November 3, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Council of Alcohol and Drug Treatment Authorities, I wish to invite you and your fellow House members to attend our annual legislative breakfast on Wednesday, January 21, 1998, at 8:00 A.M. at the Summit Club in Columbia. We will begin a breakfast buffet at 8:00 A.M., and will have a brief program from 8:30 until 8:50 A.M. We will conclude promptly at 9:00 A.M.
The purpose of the breakfast is to update the Honorable Members of the South Carolina House of Representatives and the South Carolina Senate on issues impacting the public alcohol and other drug treatment system in South Carolina. The council represents those agencies who provide local prevention, intervention and treatment services for the diseases of addiction, under the oversight of the South Carolina Department of Alcohol and Other Drug Abuse Services.
If you have any questions about this event, please feel free to contact Jack Claypoole, my director of public affairs, at 733-1390 x139. We will provide you further information on this event as we draw closer to January. Thank you for allowing us to submit this invitation, and thank you for supporting LRADAC and the other treatment service providers in our State.
Sincerely,
David R. Jameson, MPH
LRADAC Executive Director and Council Chair
October 28 , 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The City of Columbia respectfully requests to be placed on the Invitations Calendar. The city would like to entertain the members of the South Carolina House of Representatives at a reception on Wednesday, January 21, 1998. The reception will follow the Governor's State of the State address at the South Carolina State Museum. Members, spouses and staff are invited.
Very truly yours,
Robert D. Coble
October 28, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants, Secretaries, Spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, January 27, 1998, at 6:00 P.M. at the Moore Building, State Fairgrounds, in Columbia.
Traditionally, we begin on time and present a very short program... that is our plan this year. We will not hold you to a late hour.
Sincerely,
Benjie Rhoad
Assistant to the President
December 29, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Association of Council on Aging Directors would like to invite the members of the Senate and members of the House of Representatives to the annual "Welcome Back Breakfast" on January 28, 1998. The breakfast will be a buffet served from 8:00 A.M. - 8:45 A.M. at the Clarion Town House, 1615 Gervais Street in Columbia. There will be a very brief presentation of the association's legislative agenda. This is a great opportunity for the Senators and the Representatives to have breakfast with leaders from their home district.
I am very grateful to your excellent staff person, Collette Murray Swann, for her assistance in scheduling, etc. every year. She is super!
Please contact me if there is further information required. I have completed the Ethics form for Senator Courson and filed it with his office.
Many best wishes for 1998.
Sincerely,
Betsy Fuller
Vice President, SCACAD
October 31, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina School for the Deaf and the Blind will host a luncheon for all members of the Senate and all members of the House of Representatives as well as other friends of the agency on Wednesday, January 28, 1998.
The luncheon will be held in Room 221 of the Blatt Building beginning upon adjournment and lasting until 2:00 P.M. Guests are invited to drop by at their convenience during this time.
We would very much appreciate having this invitation announced in the House of Representatives Invitations Calendar.
Sincerely yours,
Sheila S. Breitweiser, Ed.D.
President
October 27, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Education Association would like to extend an invitation to the members of the South Carolina General Assembly, their spouses and staff to our annual Legislative Reception on Wednesday, January 28, 1998, from 6:00 P.M. until 8:00 P.M. The reception will be held at the South Carolina State Museum.
We look forward to having you and the other members of the legislature as our guests that evening. If you need further information, please do not hesitate to contact me at 798-8077.
Sincerely,
Joyce A. Abel
October 13, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Broadcasters Association cordially invites the South Carolina General Assembly to attend a shrimp and grits breakfast on Thursday, January 29, 1998. The breakfast is scheduled from 8:00 to 10:00 A.M. in Room 208 of the Solomon Blatt House Office Building.
We greatly appreciate your consideration of this invitation and look forward to hearing from you.
Sincerely,
Barry Brown, President
The following were received and referred to the appropriate committees for consideration.
Document No. 2178
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-60
61-69. Classified Waters
Received By Speaker June 1, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2172
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-55-10
State Primary Drinking Water
Received By Speaker June 24, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2179
Promulgated By Clemson University
Statutory Authority: 1976 Code Sections 56-21-10, 59-119-50, 59-119-30
Parking and Traffic
Received By Speaker July 3, 1997
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 12, 1998
Document No. 2203
Promulgated By Department of Labor, Licensing and Regulation - Board of Dentistry
Statutory Authority: 1976 Code Section 40-15-140
Continuing Education
Received By Speaker August 26, 1997
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 12, 1998
Document No. 2199
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
117-7. Model Record keeping and Retention
Received By Speaker October 31, 1997
Referred to House Committee on Ways and Means
120 Day Review Expiration Date May 12, 1998
Document No. 2228
Promulgated By Department of Natural Resources
Statutory Authority: 1976 Code Section 50-9-150
Hunt Units and Wildlife Management Area Regulations
Received By Speaker December 19, 1997
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2193
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Article 9, Video Game Machines; 117-190 Definition - "Single Place" or "Premises"
Received By Speaker December 3, 1997
Referred to House Committee on Ways and Means
120 Day Review Expiration Date May 12, 1998
Document No. 2243
Promulgated By Institute of Archaeology and Anthropology
Statutory Authority: 1976 Code Sections 60-13-210, 54-7-640, 54-7-720, 54-7-740, 54-7-800
Adjudication Rules
Received By Speaker January 6, 1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 12, 1998
Document No. 2232
Promulgated By Department of Natural Resources
Statutory Authority: 1976 Code Section 50-15-30
Species or Subspecies of Non-game Wildlife
Received By Speaker January 6, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2198
Promulgated By Public Service Commission
Statutory Authority: 1976 Code Sections 58-3-140 and 58-23-590
Motor Carriers
Received By Speaker January 7, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 12, 1998
Document No. 2230
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Sections 12-4-320 and 12-21-2798
Technical Standards for Video Game Machines and Location Controllers
Received By Speaker January 6, 1998
Referred to House Committee on Ways and Means
120 Day Review Expiration Date May 12, 1998
Document No. 2223
Promulgated By Department of Education
Statutory Authority: 1976 Code Sections 59-5-65 and 59-26-10, et seq.
Assisting, Developing, and Evaluating Professional Teaching (ADEPT)
Received By Speaker January 12, 1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 12, 1998
Document No. 2224
Promulgated By Department of Education
Statutory Authority: 1976 Code Section 59-26-10, et seq.
Evaluation of Teachers Employed Under Provisional Contracts (Repeal)
Received By Speaker January 12, 1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 12, 1998
Document No. 2225
Promulgated By Department of Education
Statutory Authority: 1976 Code Sections 59-6-60, 59-30-10, 59-39-100
Summer Program
Received By Speaker January 12, 1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date May 12, 1998
Document No. 2237
Promulgated By Budget and Control Board, Office of Research and Statistics
Statutory Authority: 1976 Code Section 44-6-170
Data Reporting Requirements Pertaining to Submission of Ambulatory Encounter Data
Received By Speaker January 12, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2221
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10, et seq.
Classified Waters
Received By Speaker January 12, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2218
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10, et seq.
Water Classification and Standards
Received By Speaker January 12, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2208
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-96-120, -260, -290, -300, -320, -450, and -460
Solid Waste Management: Industrial Solid Waste Landfills
Received By Speaker January 12, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2244
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10
Air Pollution Control Regulations and Standards (Source Testing Requirements)
Received By Speaker January 12, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2245
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-30 through 48-1-60
Air Pollution Control Regulation and Standards
Received By Speaker January 12, 1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1998
Document No. 2247
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-63-10
61-19. Vital Statistics
Received By Speaker January 12, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
120 Day Review Expiration Date May 12, 1998
The following was taken up for immediate consideration:
H. 4389 -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Harrison, Cato, Townsend, Sharpe and D. Smith: A HOUSE RESOLUTION TO PROVIDE THAT PURSUANT TO RULE 10.1 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, CERTAIN MEMBERS OF THE STAFF OF THE GOVERNOR AND THE SENTENCING GUIDELINES COMMISSION BY SPECIAL LEAVE OF THE HOUSE MAY BE ADMITTED IN THE OUTER DOORS OF THE CHAMBER AND ARE GRANTED THE PRIVILEGE OF THE HOUSE FLOOR DURING THE 1998 SESSION OF THE GENERAL ASSEMBLY.
Be it resolved by the House of Representatives:
That pursuant to Rule 10.1 of the Rules of the House of Representatives, the following members of the staff of the Governor by special leave of the House may be admitted in the outer doors of the Chamber and are granted the privilege of the House floor during the 1998 session of the General Assembly:
(1) Todd Atwater
(2) Jeri Cook
(3) Jeanine Greene
(4) Don Hottel
(5) Bill Routh
(6) Angelia Smith
(7) Carol Stewart
Be it further resolved that Ashley Harwell-Beach, Director of the Sentencing Guidelines Commission, shall be granted the privilege of the House floor during the 1998 session of the General Assembly in the same manner the above-referenced members of the Governor's staff are granted the privilege of the floor of the House.
Be it further resolved that this resolution supersedes the provisions of House Resolution 3220 adopted by the House on January 14, 1997, granting the privilege of the House floor to specified members of the Governor's staff for the 1997 and 1998 sessions of the General Assembly.
The Resolution was adopted.
The following was taken up for immediate consideration:
H. 4390 -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION INVITING HIS EXCELLENCY, DAVID M. BEASLEY, GOVERNOR OF THE STATE OF SOUTH CAROLINA, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 7:00 P.M. ON WEDNESDAY, JANUARY 21, 1998, AT THE KOGER CENTER FOR THE ARTS.
Be it resolved by the House of Representatives, the Senate concurring:
That His Excellency, David M. Beasley, Governor of the State of South Carolina, is invited to address the General Assembly in joint session at 7:00 p.m. on Wednesday, January 21, 1998, at the Koger Center for The Arts.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4391 -- Reps. Wilkins, Haskins, Harrison, H. Brown, Cato, Sharpe, Townsend, J. Brown and D. Smith: A CONCURRENT RESOLUTION TO INVITE THE HONORABLE NEWT GINGRICH, CONGRESSMAN FROM GEORGIA AND SPEAKER OF THE UNITED STATES HOUSE OF REPRESENTATIVES, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 11:00 A.M. ON THURSDAY, JANUARY 22, 1998.
Be it resolved by the House of Representatives, the Senate concurring:
That the Honorable Newt Gingrich, Congressman from Georgia and Speaker of the United States House of Representatives, is invited to address the General Assembly in Joint Session in the Hall of the House of Representatives at 11:00 a.m. on Thursday, January 22, 1998.
Be it further resolved that a copy of this resolution be forwarded to Speaker Gingrich.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4392 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY, MANY FRIENDS, AND COLLEAGUES OF STATE TROOPER FIRST SERGEANT FRANKIE LEE LINGARD OF THE SOUTH CAROLINA HIGHWAY PATROL, WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 31, 1997, ON INTERSTATE 95 NEAR ORANGEBURG.
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. 4344 -- Reps. Walker, Hawkins, Mason, Stille, Vaughn and Meacham: A BILL TO AMEND SECTION 12-21-2746, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF MUNICIPALITIES AND COUNTIES TO LEVY BUSINESS LICENSE TAXES ON COIN-OPERATED MACHINES OR DEVICES, SO AS TO DELETE THE LIMITATION OF THE LOCAL LEVY TO A PERCENTAGE OF A FORMER STATE LEVY ON SUCH MACHINES.
Referred to Committee on Ways and Means.
H. 4345 -- Reps. Walker, Haskins, Kirsh, Leach, Beck, Robinson, Hamilton, Easterday, McMahand, Tripp, Loftis, Littlejohn, Hawkins, Stille, Cooper, Davenport, Mason, Meacham, Sandifer, Simrill and Vaughn: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES REQUIRED FOR COIN-OPERATED DEVICES OR MACHINES, SO AS TO DELETE A REFERENCE TO A CODE SECTION REPEALED BY THIS ACT; TO REPEAL ARTICLE 20, CHAPTER 21, TITLE 12, THE VIDEO GAME MACHINES ACT; TO REPEAL SECTION 16-19-60 RELATING TO THE NONAPPLICATION OF THE GAMBLING OFFENSES TO COIN-OPERATED NONPAYOUT MACHINES WITH A FREE PLAY FEATURE, AND TO AUTHORIZE PRO RATA REFUNDS FOR LICENSE FEES PAID ON COIN-OPERATED MACHINES WITH A FREE PLAY FEATURE LICENSED ON THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Ways and Means.
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
Referred to Committee on Education and Public Works.
H. 4347 -- Reps. Lloyd and J. Brown: A BILL TO AMEND SECTION 62-5-433, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AND PROCEDURES FOR SETTLEMENT OF CLAIMS IN FAVOR OF OR AGAINST MINORS OR INCAPACITATED PERSONS, SO AS TO PROVIDE THAT "COURT" MEANS THE CIRCUIT COURT OR THE PROBATE COURT, AS THE CASE MAY BE, OF THE COUNTY IN WHICH THE MINOR OR INCAPACITATED PERSON RESIDES OR IN THE COUNTY WHERE THE MATTER IS PENDING.
Referred to Committee on Judiciary.
H. 4348 -- Rep. Lloyd: A BILL TO AMEND SECTION 56-1-3350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO REVISE THE AGE OF A PERSON APPLYING FOR A SPECIAL IDENTIFICATION CARD.
Referred to Committee on Education and Public Works.
H. 4349 -- Reps. Haskins, Sharpe, Wilkins, Beck, Felder, Leach, Klauber, Barfield, J. Brown, A. Harris, Gamble, Harrison, Knotts, Law, Mason, Meacham, Rodgers, Sandifer, Simrill, Stuart, Tripp, Vaughn, Walker, Webb, Witherspoon, Woodrum, Young-Brickell, Riser, Easterday, Cato, Allison, Barrett, H. Brown, Campsen, Chellis, Davenport, Hamilton, Harrell, Hawkins, Hinson, Limehouse, Littlejohn, Loftis, McMaster, Rice, Townsend and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO PROVIDE THAT TEN OR MORE MEMBERS INSTEAD OF ALL TWELVE MEMBERS OF A JURY MUST VOTE IN FAVOR OF IMPOSING THE DEATH PENALTY WHERE A DEFENDANT HAS BEEN CONVICTED OF MURDER IN ORDER FOR THE DEATH PENALTY TO BE IMPOSED.
Referred to Committee on Judiciary.
H. 4350 -- Reps. Davenport. Haskins, Gamble, Knotts, Mason, Meacham, Sandifer, Simrill, Stille and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-29 SO AS TO PROVIDE THAT A PERSON CONVICTED OF MURDERING A LAW ENFORCEMENT OFFICER IN THE LINE OF DUTY MUST RECEIVE A MANDATORY SENTENCE OF DEATH, TO PROVIDE A SEVERABILITY CLAUSE, AND TO PROVIDE A SAVINGS CLAUSE.
Referred to Committee on Judiciary.
H. 4351 -- Reps. Klauber, Haskins, Gamble, Kirsh, Knotts, Leach, Meacham, Sandifer, Seithel, Simrill, Vaughn and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-335 SO AS TO PROVIDE THAT ROBBERY OF A RETAIL ESTABLISHMENT OR ANOTHER BUSINESS WHILE ARMED WITH A DEADLY WEAPON IS A FELONY AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-11-330, AS AMENDED, RELATING TO ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO REVISE THE PENALTY.
Referred to Committee on Judiciary.
H. 4352 -- Reps. Hawkins, Kirsh, Mason, Meacham, Sandifer, Simrill and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170 SO AS TO MAKE IT UNLAWFUL TO PUBLISH OR TRANSMIT ADVERTISING IN THIS STATE PROMOTING GAMBLING OR LOTTERIES PROHIBITED UNDER THE CONSTITUTION OR LAWS OF THIS STATE AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
H. 4353 -- Reps. Klauber and Whipper: A BILL TO AMEND SECTION 35-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS GOVERNING APPLICATION OF THE UNIFORM SECURITIES ACT, SO AS TO INCLUDE AN OPT-OUT PROVISION IN ACCORDANCE WITH THE PHILANTHROPY PROTECTION ACT OF 1995, PUBLIC LAW 104-62, AND MAKING IT EFFECTIVE DECEMBER 1, 1998.
Referred to Committee on Judiciary.
H. 4354 -- Reps. Cato, Kirsh, Mason, Sandifer, Seithel and Riser: A BILL TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REFLECT THE MERGER OF THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE SAVINGS AND LOAN LEAGUE.
Referred to Committee on Labor, Commerce and Industry.
H. 4355 -- Reps. Fleming, Haskins, Leach, Meacham, Sandifer and Walker: A BILL TO AMEND SECTION 61-6-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROXIMITY REQUIREMENTS FOR ESTABLISHMENTS AND PLACES OF BUSINESS WITH LIQUOR LICENSES, SO AS TO EXTEND THESE REQUIREMENTS TO CHILD DAYCARE FACILITIES AND TO DEFINE "CHILD DAYCARE FACILITIES".
Referred to Committee on Judiciary.
H. 4356 -- Rep. McAbee: A BILL TO DIRECT THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO REMOVE FROM MCCORMICK COUNTY AND TRANSFER TO THE STATE HIGHWAY SYSTEM THAT PORTION OF SECONDARY HIGHWAY S-33-329 FROM U.S. HIGHWAY 378 TO HUGUENOT PARKWAY; TO REMOVE FROM MCCORMICK COUNTY AND TRANSFER TO THE STATE HIGHWAY SYSTEM THAT PORTION OF HUGUENOT PARKWAY FROM U.S. HIGHWAY 378 TO ROAD S-7 IN MCCORMICK COUNTY; AND TO REPEAL ACT 219 OF 1993 RELATING TO THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION REMOVING FROM THE STATE HIGHWAY SYSTEM AND TRANSFERRING TO MCCORMICK COUNTY A PORTION OF SECONDARY HIGHWAY S-33-329.
Referred to Committee on Education and Public Works.
H. 4357 -- Reps. Kirsh and Woodrum: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-330 SO AS TO PROVIDE THAT NO CAUSE OF ACTION MAY BE BROUGHT AGAINST AN IMMUNE CONTRACTOR OR AN OFFICER OR EMPLOYEE OF THE STATE OR ANY OF ITS AGENCIES OR POLITICAL SUBDIVISIONS ON THE BASIS THAT A COMPUTER OR OTHER INFORMATION SYSTEM OWNED OR OPERATED BY ANY OF THOSE PERSONS OR ENTITIES PRODUCED, CALCULATED, OR GENERATED AN ERRONEOUS DATE, REGARDLESS OF THE CAUSE OF THE ERROR, AND TO PROVIDE FOR RELATED MATTERS, INCLUDING THE PROVISIONS OF CERTAIN CONTRACTS.
Referred to Committee on Judiciary.
H. 4358 -- Reps. Loftis, J. Brown, Leach, Robinson, Stille, Vaughn and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-770 SO AS TO AUTHORIZE LICENSED PRACTICAL NURSES TO PROVIDE CERTAIN SERVICES IN RESIDENTIAL SETTINGS AND PUBLIC SCHOOLS WITHOUT THE ON-SITE SUPERVISION OF A NURSE, DOCTOR, OR DENTIST IF CERTAIN PROCEDURES ARE FOLLOWED.
Referred to Committee on Labor, Commerce and Industry.
H. 4359 -- Reps. Law and Cato: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
Referred to Committee on Labor, Commerce and Industry.
H. 4360 -- Reps. Limehouse, Wilkins, Allison, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Walker, Easterday, Mason and Young-Brickell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, AND TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO
COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
Referred to Committee on Judiciary.
H. 4361 -- Reps. Cromer, Canty, Cotty, Clyburn, Littlejohn, Meacham, Stille, Walker and Whipper: A BILL TO AMEND SECTION 12-21-2793, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROXIMITY RESTRICTIONS ON THE LOCATIONS IN WHICH ARE LOCATED COIN-OPERATED MACHINES WITH A FREE-PLAY FEATURE, SO AS TO PROVIDE A STANDARD MINIMUM ONE THOUSAND FOOT LIMITATION, IN BOTH A MUNICIPALITY OR A COUNTY, BETWEEN PREMISES CONTAINING SUCH MACHINES AND SCHOOLS, PARKS, AND HOUSES OF WORSHIP AND TO GRANDFATHER EXISTING LOCATIONS.
Referred to Committee on Ways and Means.
H. 4362 -- Reps. Hawkins, Bailey, Gamble, Knotts, Leach, Mason, Sandifer, Vaughn, Young and Meacham: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1050 SO AS TO DEFINE "SERIOUS CHILD SEX OFFENSE", TO PROVIDE THAT A PERSON CONVICTED OF A SERIOUS CHILD SEX OFFENSE WHO SUBSEQUENTLY ENGAGES IN AN OCCUPATION OR PARTICIPATES IN A VOLUNTEER POSITION THAT REQUIRES HIM TO WORK OR INTERACT WITH CERTAIN CHILDREN IS GUILTY OF A FELONY, TO PROVIDE A PENALTY, AND TO PROVIDE THAT CERTAIN ACTIVITIES CONSTITUTE PRIMA FACIE EVIDENCE THAT A PERSON IS ENGAGED IN AN OCCUPATION OR PARTICIPATES IN A VOLUNTEER POSITION THAT REQUIRES HIM TO WORK OR INTERACT WITH CHILDREN UNDER SIXTEEN YEARS OF AGE.
Referred to Committee on Judiciary.
H. 4363 -- Reps. Cobb-Hunter, Bailey, J. Brown, Canty, Clyburn, Stille and Whipper: A BILL TO AMEND SECTION 1-11-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INSURANCE PLAN FOR EMPLOYEES, RETIREES, AND ELIGIBLE DEPENDENTS, SO AS TO MAKE CERTAIN TEMPORARY STATE AGENCY EMPLOYEES ELIGIBLE FOR THE STATE HEALTH AND DENTAL INSURANCE GROUP PLAN, TO PROVIDE THOSE TEMPORARY EMPLOYEES ELIGIBLE FOR COVERAGE, AND TO PROHIBIT DISCRIMINATION IN HIRING ON THE BASIS OF THIS ELIGIBILITY.
Referred to Committee on Ways and Means.
H. 4364 -- Reps. Cato, Knotts, Littlejohn, Mason, Stille and Vaughn: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY", AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4365 -- Reps. Sheheen, Kirsh, Littlejohn, Miller and Stille: A BILL TO AMEND ARTICLE 24, CHAPTER 21 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BINGO TAX ACT OF 1996 WHICH REGULATES BINGO GAMES, SO AS TO REVISE THE MANNER IN WHICH AND CONDITIONS UNDER WHICH THE GAME OF BINGO IS CONDUCTED, LICENSED, AND REGULATED.
Referred to Committee on Ways and Means.
H. 4366 -- Reps. Knotts, Cotty, Littlejohn, Stille and Riser: A BILL TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE TAX ON COIN-OPERATED MACHINES AND DEVICES, SO AS TO EXTEND THE MAXIMUM TEN PERCENT "ADD-ON" COUNTY OR MUNICIPAL LICENSE FEE ON COIN-OPERATED DEVICES WITH A FREE PLAY FEATURE TO THE ENTIRE FOUR THOUSAND DOLLAR BIENNIAL STATE LICENSE TAX RATHER THAN A MAXIMUM TEN PERCENT OF THREE THOUSAND SIX HUNDRED DOLLARS.
Referred to Committee on Ways and Means.
H. 4367 -- Reps. Sheheen, Kirsh, Littlejohn, Miller and Stille: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST LOTTERIES AND PROVIDING THAT THE GAME OF BINGO WHEN CONDUCTED BY CHARITABLE, RELIGIOUS, OR FRATERNAL ORGANIZATIONS OR WHEN CONDUCTED AT RECOGNIZED ANNUAL STATE AND COUNTY FAIRS IS NOT A PROHIBITED LOTTERY, SO AS TO PROVIDE THAT THE GAME OF BINGO MAY BE CONDUCTED ONLY BY A RELIGIOUS ORGANIZATION.
Referred to Committee on Ways and Means.
H. 4368 -- Reps. Sheheen, Canty, Cotty, Kirsh, Littlejohn, Mason, Meacham, Seithel, Stille, Vaughn and Walker: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 34, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION WITH CERTAIN EXCEPTIONS OF ENACTMENT OF LOCAL OR SPECIAL LAWS BY THE GENERAL ASSEMBLY, SO AS TO ALLOW A COUNTY BY ORDINANCE, SUBJECT TO THE APPROVAL OF THE QUALIFIED ELECTORS OF THE COUNTY BY MAJORITY VOTE IN A REGULARLY SCHEDULED ELECTION, TO PROHIBIT THE OPERATION OR POSSESSION OF ANY TYPE OF COIN-OPERATED AMUSEMENT OR GAMING MACHINE OR DEVICE IN THAT COUNTY.
Referred to Committee on Judiciary.
H. 4369 -- Reps. Sheheen, Baxley, Cotty, Cromer, Kirsh, Meacham, Miller and Seithel: A BILL TO AMEND SECTION 48-48-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A LOW-LEVEL RADIOACTIVE WASTE COMPACT NEGOTIATING COMMITTEE AND THE PROHIBITION AGAINST LOW-LEVEL RADIOACTIVE WASTE GENERATED WITHIN THE STATE OF NORTH CAROLINA BEING DISPOSED OF AT A FACILITY LOCATED IN THIS STATE, SO AS TO DELETE THE COMMITTEE, TO FURTHER PROVIDE FOR THE DUTIES OF THE BUDGET AND CONTROL BOARD IN REGARD TO CUSTODY AND MAINTENANCE OF THE BARNWELL FACILITY AFTER CLOSURE, AND TO PROVIDE THAT NO LOW-LEVEL RADIOACTIVE WASTE GENERATED OUTSIDE THE STATE OF SOUTH CAROLINA MAY BE DISPOSED OF AT A FACILITY LOCATED IN THIS STATE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4370 -- Reps. Boan, Wilkins, Riser, Neilson, H. Brown, Allison, Bailey, Barrett, Bauer, Baxley, J. Brown, T. Brown, Chellis, Cotty, Clyburn, Delleney, Hinson, Felder, Gamble, Harrell, Harrison, Harvin, Hawkins, Kelley, Kinon, Kirsh, Knotts, Law, Maddox, McAbee, Mason, Rodgers, Sandifer, Simrill, R. Smith, Spearman, Stille, Stuart, Walker, Wilder, Witherspoon, Young-Brickell, Young, Barfield, Moody-Lawrence, Cato, Meacham and Townsend: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE MERIT-BASED SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING ACCREDITED PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES.
Referred to Committee on Ways and Means.
H. 4371 -- Reps. Seithel, Quinn, Altman, T. Brown, Dantzler, Davenport, Delleney, Kirsh, Mason, McMahand, Neal, Stille, Miller and Tripp: A BILL TO REPEAL ARTICLE 25, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA (MUSC) SELLING AND LEASING CERTAIN ASSETS AND TO REPEAL SECTIONS 2 THROUGH 11 OF ACT 390 OF 1996 RELATING TO THE IMPLEMENTATION OF THE SALE AND LEASE OF THESE MUSC ASSETS.
Referred to Committee on Ways and Means.
H. 4372 -- Reps. Cromer, Knotts and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 IN CHAPTER 36 OF TITLE 12, SO AS TO INCREASE THE RATE OF THE STATE SALES, USE, AND CASUAL EXCISE TAX FROM FIVE TO SIX PERCENT ON ITEMS NOT SUBJECT TO A MAXIMUM TAX AND PROVIDE FOR THE CREDITING OF THE REVENUE OF THIS ADDITIONAL TAX TO A SEPARATE FUND STYLED THE "MOTOR VEHICLE PROPERTY TAX RELIEF FUND" AND TO CREDIT THE EXCESS REVENUE TO THE GENERAL FUND OF THE STATE; TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM TAX A PERCENTAGE OF THE FAIR MARKET VALUE OF ALL PRIVATE PASSENGER MOTOR VEHICLES, MOTOR CYCLES, AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS FROM TAXES, TO PROVIDE FOR THE CALCULATION OF THE EXEMPTION AMOUNT AND FOR THE REIMBURSEMENT OF LOCAL TAXING ENTITIES FOR REVENUES NOT COLLECTED BECAUSE OF THIS EXEMPTION.
Referred to Committee on Ways and Means.
H. 4373 -- Reps. Trotter, Barrett, Cromer, McLeod, Robinson, Sandifer, Simrill, Spearman, Wilder, Riser and Meacham: A BILL TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.
Referred to Committee on Ways and Means.
H. 4374 -- Reps. Cromer and Kirsh: A BILL TO AMEND SECTION 7-11-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO RUN AS A CANDIDATE IN GENERAL ELECTIONS, SO AS TO HAVE CANDIDATES FOR THE HOUSE OF REPRESENTATIVES AND SENATE FILE THEIR STATEMENTS OF INTENTION OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION INSTEAD OF THE COUNTY EXECUTIVE COMMITTEE OF THEIR RESPECTIVE PARTY.
Referred to Committee on Judiciary.
H. 4375 -- Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato, Gamble, Jennings, Knotts, Leach, Sandifer, Young-Brickell, Riser and Moody-Lawrence: A BILL TO AMEND CHAPTER 55, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF PSYCHOLOGISTS, BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-55-20, RELATING TO THE BOARD OF EXAMINERS IN PSYCHOLOGY, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD, TO REQUIRE PERSONS QUALIFIED TO PRACTICE AS A SPECIALIST IN SCHOOL PSYCHOLOGY ON JULY 1, 1998, TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-55-20 THROUGH 40-55-170 AS ARTICLE 1 OF CHAPTER 55, TITLE 40, ENTITLED "PSYCHOLOGISTS".
Referred to Committee on Labor, Commerce and Industry.
H. 4376 -- Reps. Cromer, Cotty, Jennings, McLeod, Whipper and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-315 SO AS TO PROVIDE A PROCEDURE FOR EARLY VOTING; AND TO AMEND SECTION 7-15-320, AS AMENDED, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS WHO DESIRE TO VOTE EARLY BY PERSONAL APPEARANCE IN STATEWIDE ELECTIONS AND THEIR NOMINATING PRIMARIES.
Referred to Committee on Judiciary.
H. 4377 -- Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato, Gamble, Leach, Sandifer, Young-Brickell, Riser and Moody-Lawrence: A BILL TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS" AND TO RENAME CHAPTER 75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".
Referred to Committee on Labor, Commerce and Industry.
H. 4378 -- Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown, Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser, Moody-Lawrence, Walker and Meacham: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1998" INCLUDING PROVISIONS TO ADD SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Referred to Committee on Judiciary.
H. 4379 -- Reps. Wilkins, Harrison, Jennings, Knotts, McLeod, Robinson, Sandifer, Stille, Stuart, Riser and Meacham: A BILL TO AMEND SECTION 1-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DIVISION OF MOTOR VEHICLE MANAGEMENT OF THE STATE BUDGET AND CONTROL BOARD, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 1-19-60, RELATING TO THE COMPOSITION OF THE STATE DEVELOPMENT BOARD, SO AS TO PROVIDE THAT ONE OF THE GUBERNATORIAL APPOINTEES MAY BE THE DIRECTOR OF THE DEPARTMENT OF COMMERCE OR HIS DESIGNEE RATHER THAN A MEMBER OF THE STATE DEVELOPMENT BOARD; SECTION 1-30-35, RELATING TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; TO AMEND SECTION 2-7-73, AS AMENDED, RELATING TO LEGISLATIVE ENACTMENTS AND THE REQUIREMENT THAT BILLS AND RESOLUTIONS MANDATING HEALTH INSURANCE COVERAGE MUST HAVE FISCAL IMPACT STATEMENTS, SO AS TO DELETE CERTAIN LANGUAGE WHICH PREVIOUSLY REFERRED TO THE FORMER "CHIEF INSURANCE COMMISSIONER"; SECTION 2-13-190, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE ANNUAL ACTS AND JOINT RESOLUTIONS OF THE GENERAL ASSEMBLY, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE ACTS AND JOINT RESOLUTIONS ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 12-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO CORRECT THE REFERENCES TO CERTAIN OFFICIALS TO WHOM THESE CODES ARE PROVIDED AND TO FURTHER PROVIDE FOR THEIR DISTRIBUTION; SECTION 4-10-65, RELATING TO THE DISTRIBUTION OF UNIDENTIFIED LOCAL SALES AND TAX REVENUES, SO AS TO CHANGE A REFERENCE TO TAX COMMISSION TO CONFORM TO THE RESTRUCTURING ACT; SECTION 4-29-69, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 6-19-30, RELATING TO AN ADVISORY COMMITTEE FOR STATE WATER AND SEWER AUTHORITY GRANTS, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO DELETE OBSOLETE LANGUAGE; SECTION 9-1-1535, RELATING TO RETIREMENT OF WILDLIFE CONSERVATION OFFICERS, SO AS TO REVISE THE NAMES OF THE OFFICERS, THE LAW ENFORCEMENT SECTION, AND THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; SECTION 10-1-100, RELATING TO REQUIREMENTS IN STATE CONTRACTS FOR APPLICABLE POLLUTION PREVENTION AND NATURAL RESOURCE PROTECTION REQUIREMENTS, SO AS TO CONFORM A REFERENCE TO THE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 11-9-825, AS AMENDED, RELATING TO ADDITIONAL STAFF FOR THE BOARD OF ECONOMIC ADVISORS, SO AS TO CONFORM THE REFERENCE TO THE CHAIRMAN OF THE DEPARTMENT OF REVENUE TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 12-4-340, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO CONTRACT WITH A COLLECTION AGENCY TO COLLECT DELINQUENT TAXES, SO AS TO CONFORM A REFERENCE TO THE RESTRUCTURING ACT; SECTIONS 12-21-2772, 12-21-2778, 12-21-2780, 12-21-2784, 12-21-2786, 12-21-2788, 12-21-2793, 12-21-2802, AND 12-21-2804, RELATING TO THE VIDEO GAMES MACHINES ACT, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; TO AMEND SECTIONS 12-21-5020, 12-21-5030, 12-21-5040, 12-21-6010, 12-21-6040, AND 12-21-6050, RELATING TO THE MARIJUANA AND CONTROLLED SUBSTANCE TAX ACT, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO CONFORM TO THE DEPARTMENT OF REVENUE; SECTION 12-27-390, AS AMENDED, RELATING TO THE DISTRIBUTION TO COUNTIES OF A PORTION OF GASOLINE TAXES THROUGH THE WATER RECREATIONAL RESOURCES FUND, SO AS TO CONFORM REFERENCES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO THE RESTRUCTURING ACT; SECTION 12-27-400, AS AMENDED, RELATING TO THE USE OF "C" FUNDS, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO THE DEPARTMENT OF REVENUE; SECTION 12-27-1270, AS AMENDED, RELATING TO THE PORTION OF THE SHIMS GASOLINE TAX REVENUES SET ASIDE IN THE ECONOMIC DEVELOPMENT ACCOUNT, SO AS TO CONFORM THE REFERENCE TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE APPROPRIATE DIVISION OF THE DEPARTMENT OF COMMERCE AND TO DELETE AN OBSOLETE PROVISION; SECTION 12-36-2570, AS AMENDED, RELATING TO THE TIME OF PAYMENT OF SALES AND USE TAX, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO THE DEPARTMENT OF REVENUE; SECTION 12-36-2610, AS AMENDED, RELATING TO THE DISCOUNT ALLOWED FOR TIMELY PAYMENT OF THE SALES TAX, SO AS TO CHANGE A REFERENCE TO THE TAX COMMISSION TO THE DEPARTMENT OF REVENUE; SECTION 12-37-930, AS AMENDED, RELATING TO VALUATION OF PROPERTY AND THE DEPRECIATION SCHEDULE FOR MANUFACTURING MACHINERY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO CHANGE REFERENCES TO THE TAX COMMISSION TO THE DEPARTMENT OF REVENUE; SECTION 13-17-40, AS AMENDED, RELATING TO THE BOARD OF THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE FORMER CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 15-9-285, AS AMENDED, RELATING TO SERVICE OF PROCESS BY THE CHIEF INSURANCE COMMISSIONER ON UNAUTHORIZED INSURERS, SO AS TO CONFORM REFERENCES TO THE COMMISSIONER TO THE RESTRUCTURING ACT; SECTION 17-17-100, RELATING TO THE TRANSFER OF WRIT OF HABEAS CORPUS PETITIONS TO THE COURT IN THE COUNTY WHERE THE PRISONER IS LOCATED, SO AS TO CHANGE A REFERENCE TO THE BOARD OF CORRECTIONS TO THE DEPARTMENT OF CORRECTIONS; SECTION 17-22-120, AS AMENDED, RELATING TO INDIVIDUAL INTERVENTION AGREEMENTS ENTERED INTO BY A DEFENDANT AND THE SOLICITOR IN A PRETRIAL INTERVENTION PROGRAM, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 17-25-80, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS REGARDING HARD LABOR, SO AS TO CONFORM A REFERENCE TO THE COMMISSIONER TO THE RESTRUCTURING ACT; SECTION 17-25-145, RELATING TO IMPLEMENTATION OF COMMUNITY PENALTIES PROGRAM, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS TO THE RESTRUCTURING ACT; SECTION 17-25-370, RELATING TO EXECUTION OF DEATH SENTENCE, SO AS TO CONFORM A REFERENCE TO THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS TO THE RESTRUCTURING ACT AND TO CORRECT AN OBSOLETE REFERENCE; SECTION 17-25-400, RELATING TO SERVICE OF NOTICE ON PRISONER, SO AS TO CONFORM A REFERENCE OF THE COMMISSIONER OF THE DEPARTMENT OF CORRECTIONS TO CONFORM TO THE RESTRUCTURING ACT; SECTION 20-7-2020, RELATING TO APPROVAL OF AGREEMENTS UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN, SO AS TO CONFORM A REFERENCE TO THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF SOCIAL SERVICES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 20-7-2340, RELATING TO ADOPTION FEES ESTABLISHED BY THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THE AUTHORITY TO ESTABLISH THESE FEES; SECTION 20-7-2640, AS AMENDED, RELATING TO THE INTERSTATE COMPACT FOR ADOPTION AND MEDICAL ASSISTANCE, MEDICAL ASSISTANCE IDENTIFICATION, BENEFITS, AND EXCEPTIONS, SO AS TO CLARIFY THAT A REFERENCE TO "THE DEPARTMENT" MEANS THE DEPARTMENT OF SOCIAL SERVICES; SECTION 20-7-5910, AS AMENDED, RELATING TO THE STATE CHILD FATALITY ADVISORY COMMITTEE, SO AS TO REVISE THE NAMES OF CERTAIN STATE AGENCIES AND THE TITLES OF CERTAIN ADMINISTRATIVE HEADS OF STATE AGENCIES TO CONFORM TO THE RESTRUCTURING ACT; SECTION 23-4-20, RELATING TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS OF THE OFFICE OF THE GOVERNOR, SO AS TO CONFORM A REFERENCE TO THE DIVISION OF PUBLIC SAFETY PROGRAMS TO CONFORM TO THE RESTRUCTURING ACT; SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO CONFORM THE MEMBERSHIP OF THE COMMITTEE TO THE RESTRUCTURING ACT; SECTION 23-4-520, RELATING TO THE DUTIES OF THE GOVERNOR'S OFFICE OF CRIMINAL JUSTICE PROGRAMS, SO AS TO CORRECT A REFERENCE TO THE FORMER DEPARTMENT OF YOUTH SERVICES; SECTION 24-1-10 RELATING TO THE MEANING OF REFERENCES TO THE STATE PENITENTIARY AND TO THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF CORRECTIONS, SO AS TO CONFORM REFERENCES TO THE RESTRUCTURING ACT; SECTION 24-13-730, RELATING TO PROGRAM CHANGES SUBJECT TO APPROPRIATIONS BY THE GENERAL ASSEMBLY, SO AS TO REVISE CODE SECTIONS; SECTION 24-22-30, RELATING TO ELIGIBILITY TO PARTICIPATE IN THE OFFENDER MANAGEMENT SYSTEM, SO AS TO CHANGE A REFERENCE TO THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-22-150, RELATING TO FUNDING REQUIRED, SO AS TO CHANGE THE REFERENCE OF COMMISSIONER TO DIRECTOR; SECTION 24-23-30, AS AMENDED, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO CHANGE THE REFERENCE OF BOARD OF PROBATION, PAROLE AND PARDON SERVICES TO DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES; SECTION 24-26-10, RELATING TO THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO CORRECT REFERENCES TO CERTAIN NONVOTING MEMBERS OF THE COMMISSION; SECTION 25-19-20, RELATING TO THE PRISONER OF WAR COMMISSION, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS' AFFAIRS; SECTION 31-13-30, RELATING TO MEMBERSHIP ON THE SOUTH CAROLINA STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 31-17-330, RELATING TO MOBILE HOME LICENSES, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF REVENUE; SECTION 33-14-210, RELATING TO ADMINISTRATIVE DISSOLUTION OF A CORPORATION BY THE SECRETARY OF STATE, SO AS TO CHANGE A REFERENCE FROM THE TAX COMMISSION TO THE DEPARTMENT OF REVENUE; SECTION 33-39-250, RELATING TO THE POWERS OF COUNTY BUSINESS DEVELOPMENT CORPORATIONS, SO AS TO CHANGE A REFERENCE TO THE STATE DEVELOPMENT BOARD; SECTION 37-4-107, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE AND THE MAXIMUM CHARGE BY A CREDITOR FOR INSURANCE, SO AS TO DELETE A REFERENCE TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-108, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND A REQUIRED REFUND OR CREDIT, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND SUBSTITUTE DEPARTMENT OF INSURANCE; SECTION 37-4-111, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND COOPERATION BETWEEN THE ADMINISTRATOR OF THESE PROVISIONS OF LAW AND THE CHIEF INSURANCE COMMISSIONER, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-112, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, INSURANCE, AND ADMINISTRATIVE ACTION OF THE CHIEF INSURANCE COMMISSIONER, SO AS TO CHANGE REFERENCES TO INSURANCE COMMISSION TO DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 37-4-203, AS AMENDED, RELATING TO THE SOUTH CAROLINA CONSUMER PROTECTION CODE, CONSUMER CREDIT INSURANCE, AND THE FILING AND APPROVAL OF RATES AND FORMS, SO AS TO DELETE REFERENCES TO INSURANCE COMMISSIONER AND REPLACE THEM WITH APPROPRIATE REFERENCES TO THE DEPARTMENT OF INSURANCE AND THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 38-73-1380, AS AMENDED, RELATING TO PRIVATE PASSENGER AUTOMOBILE INSURANCE, APPROVAL OF FINAL RATE OR PREMIUM CHARGE, AND APPROVAL OF EXPENSE COMPONENT, SO AS TO DELETE AN INCORRECT REFERENCE TO "THE DIVISION" AND SUBSTITUTE A REFERENCE TO "THE DEPARTMENT", MEANING THE DEPARTMENT OF INSURANCE; SECTION 38-81-270, AS AMENDED, RELATING TO THE LEGAL PROFESSIONAL LIABILITY INSURANCE JOINT UNDERWRITING ASSOCIATION AND THE GATHERING OF DATA, SO AS TO DELETE A REFERENCE TO DEPARTMENT OF INSURANCE AND SUBSTITUTE THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; SECTION 38-87-40, AS AMENDED, RELATING TO INSURANCE, OUT-OF-STATE CHARTERED RISK RETENTION GROUPS, AND REQUIREMENTS FOR DOING BUSINESS IN THE STATE, SO AS TO CHANGE CERTAIN REFERENCES; CHAPTER 23 OF TITLE 39, RELATING TO ADULTERATED, MISBRANDED, OR NEW DRUGS AND DEVICES, SO AS TO UPDATE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND OTHER REFERENCES IN THE CHAPTER; SECTION 40-15-210, AS AMENDED, RELATING TO THE AUTHORITY OF A PERSON WHOSE LICENSE OR REGISTRATION CERTIFICATE TO PRACTICE DENTISTRY, DENTAL HYGIENE, OR PERFORM DENTAL TECHNOLOGICAL WORK HAS BEEN SUSPENDED OR REVOKED PURSUANT TO THE PROVISIONS OF ARTICLE 5, CHAPTER 23 OF TITLE 1 (ADMINISTRATIVE LAW JUDGE DIVISION), SO AS TO REENACT THE CRIMINAL PENALTY PROVISIONS WHICH WERE INADVERTENTLY OMITTED BY ACT 181 OF 1993 (RESTRUCTURING); SECTION 40-25-40, AS AMENDED, RELATING TO RECOMMENDATIONS FOR MEMBERSHIP ON THE COMMISSION OF HEARING AID SPECIALISTS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 40-47-140, AS AMENDED, RELATING TO MINIMUM STANDARDS TO BE OBTAINED ON EXAMINATION REQUIRED BY THE BOARD OF MEDICAL EXAMINERS, SO AS TO CHANGE A REFERENCE FROM THE STATE MENTAL RETARDATION DEPARTMENT TO THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; SECTIONS 41-10-80, AS AMENDED, 41-13-25, AS AMENDED, 41-13-60, 41-15-100, AS AMENDED, 41-15-220, AS AMENDED, 41-15-230, 41-15-240, AS AMENDED, 41-15-250, 41-15-260, AS AMENDED, 41-15-270, AS AMENDED, 41-15-280, 41-15-290, AS AMENDED, 41-15-300, 41-15-310, AS AMENDED, 41-15-320, AS AMENDED, 41-15-520, AS AMENDED, 41-16-20, AS AMENDED, 41-16-40, AS AMENDED, 41-16-50, 41-16-60, 41-16-70, 41-16-80, 41-16-90, 41-16-100, AS AMENDED, 41-16-110, AS AMENDED, 41-16-120, 41-16-130, 41-16-140, AS AMENDED, 41-16-150, 41-16-160, 41-16-180, AS AMENDED, 41-17-10, AS AMENDED, 41-17-20, 41-18-40, AS AMENDED, 41-18-50, 41-18-60, AS AMENDED, 41-18-70, 41-18-80, 41-18-100, 41-18-110, 41-18-120, ALL AS AMENDED, 41-18-130, 41-18-150, AS AMENDED, 41-21-20, AS AMENDED, 41-21-70, 41-21-80, SECTION 41-43-40, AS AMENDED, RELATING TO THE DIRECTOR OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-43-190, RELATING TO THE EXPORT PROGRAMS OF THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE DEVELOPMENT BOARD TO THE RESTRUCTURING ACT; SECTION 41-44-90, AS AMENDED, RELATING TO THE INCOME AND PREMIUM TAX CREDIT ALLOWED A TAXPAYER WITH A QUALIFIED INVESTMENT IN A BUSINESS RECEIVING FINANCING FROM THE PALMETTO SEED CAPITAL FUND, SO AS TO CONFORM REFERENCES TO "COMMISSION" TO THE RESTRUCTURING ACT; SECTION 42-5-60, RELATING TO INSURANCE DEEMED SUBJECT TO TITLE 42 (WORKERS' COMPENSATION) AND APPROVAL OF FORMS, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-130, RELATING TO THE PROCEDURE TO BE FOLLOWED UPON THE WITHDRAWAL OF A WORKERS' COMPENSATION CARRIER FROM THE STATE, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND SUBSTITUTE DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 42-5-230, RELATING TO WORKERS' COMPENSATION AND THE MANNER IN WHICH NOTICE TO THE INSURANCE CARRIER MUST BE GIVEN, SO AS TO DELETE A REFERENCE TO CHIEF INSURANCE COMMISSIONER AND REPLACE IT WITH A REFERENCE TO DIRECTOR OF THE DEPARTMENT OF INSURANCE OR HIS DESIGNEE; SECTION 43-1-115, RELATING TO COUNTY DEPARTMENT OF SOCIAL SERVICES BIENNIAL PERFORMANCE AUDITS, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE STATE DEPARTMENT; SECTIONS 43-7-410, AS AMENDED, 43-7-420, 43-7-430, AND 43-7-440, AS AMENDED, RELATING TO ASSIGNMENT AND SUBROGATION OF CLAIMS FOR REIMBURSEMENT FOR MEDICAID SERVICES, SO AS TO DELETE REFERENCES TO THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION AND SUBSTITUTE SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES; TO AMEND SECTION 43-35-310, RELATING TO THE ADULT PROTECTION COORDINATING COUNCIL, SO AS TO REVISE THE NAME OF THE MEMBER AGENCIES AND ADMINISTRATIVE TITLES; TO AMEND SECTION 44-1-50, AS AMENDED, RELATING TO THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL HEARING APPEALS FROM THE DECISIONS OF AN ADMINISTRATIVE LAW JUDGE, SO AS TO CORRECT CERTAIN CITATIONS TO PROVISIONS OF THE 1976 CODE CONTAINED IN THIS SECTION; SECTION 44-2-75, AS AMENDED, RELATING TO THE STATE UNDERGROUND PETROLEUM ENVIRONMENTAL RESPONSE BANK ACT OF 1988 AND INSURANCE POOLS, SO AS TO MAKE A TECHNICAL CORRECTION WITH RESPECT TO A REFERENCE TO THE DEPARTMENT OF INSURANCE; SECTION 44-6-5, AS AMENDED, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE FOR IT DEPARTMENT UNDER THE DEFINITION OF MARKET BASKET INDEX; SECTION 44-6-140, AS AMENDED, RELATING TO MEDICAID HOSPITAL PROSPECTIVE PAYMENT SYSTEM AND COST CONTAINMENT MEASURES, SO AS TO DELETE COMMISSION IN TWO INSTANCES AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-146, AS AMENDED, RELATING TO COUNTY ASSESSMENTS FOR INDIGENT MEDICAL CARE AND PENALTIES FOR FAILURE TO PAY ASSESSMENTS IN A TIMELY MANNER, SO AS TO DELETE A REFERENCE TO COMMISSION AND SUBSTITUTE DEPARTMENT, WITH REFERENCE TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-170, AS AMENDED, RELATING TO THE HEALTH DATA OVERSIGHT COUNCIL, SO AS TO REVISE THE TITLES OF THE ADMINISTRATIVE HEADS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-520, AS AMENDED, RELATING TO THE SALE, LEASE, OR MORTGAGE OF A NURSING HOME IN RECEIVERSHIP, SO AS TO CHANGE A REFERENCE TO THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTION 44-6-540, RELATING TO THE REGULATION-MAKING AUTHORITY UNDER THE "INTERMEDIATE SANCTIONS FOR MEDICAID CERTIFIED NURSING HOME ACT", SO AS TO DELETE THE REFERENCE TO COMMISSION (MEANING THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION) AND SUBSTITUTE DEPARTMENT OF HEALTH AND HUMAN SERVICES; SECTIONS 44-6-720 AND 44-6-730, RELATING TO MEDICAID QUALIFYING TRUSTS, SO AS TO REVISE THE NAME OF THE STATE HEALTH AND HUMAN SERVICES FINANCE COMMISSION; SECTION 44-7-90, AS AMENDED, RELATING TO VIOLATIONS OF THE LAW CONCERNING MEDICAID NURSING HOME PERMITS AND PENALTIES, SO AS TO CLARIFY REFERENCES TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF MENTAL RETARDATION; SECTION 44-7-370, AS AMENDED, RELATING TO THE APPOINTMENT OF MEMBERS TO THE RESIDENTIAL CARE COMMITTEE, SO AS TO REVISE THE TITLE OF THE DEPARTMENT ADMINISTRATOR; SECTION 44-23-10, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO MENTALLY ILL AND MENTALLY RETARDED PERSONS, SO AS TO CLARIFY THE DEFINITION OF DIRECTOR; SECTION 44-38-380, AS AMENDED, RELATING TO THE ADVISORY COUNCIL TO THE SOUTH CAROLINA HEAD AND SPINAL CORD SERVICE DELIVERY SYSTEM, SO AS TO REVISE THE NAME OF A MEMBER OF THE COUNCIL AND THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-40-60, RELATING TO SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS; SECTION 44-53-480, RELATING TO SOUTH CAROLINA LAW ENFORCEMENT DIVISION ENFORCEMENT OF CONTROLLED SUBSTANCE LAWS, SO AS TO CONFORM REFERENCES TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-490, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL DRUG INSPECTORS, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-500, RELATING TO THE ISSUANCE AND EXECUTION OF ADMINISTRATIVE INSPECTION WARRANTS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITH RESPECT TO THE REGULATION OF CONTROLLED SUBSTANCES, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-53-720, RELATING TO RESTRICTIONS ON THE USE OF METHADONE, SO AS TO CONFORM A REFERENCE TO THE COMMISSION ON ALCOHOL AND DRUG ABUSE TO THE RESTRUCTURING ACT; SECTION 44-55-120, RELATING TO THE SAFE DRINKING WATER ACT, SO AS TO REVISE THE NAME OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-56-60, AS AMENDED, RELATING TO HAZARDOUS WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 44-67-90, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S FUNDS FOR LITTER CONTROL RESEARCH, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT; SECTION 44-96-440, RELATING TO UNLAWFUL ACTS UNDER SOLID WASTE MANAGEMENT, SO AS TO REVISE THE TITLE OF THE ADMINISTRATIVE HEAD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; SECTION 48-9-30, AS AMENDED, RELATING TO DEFINITIONS PERTAINING TO SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO DEFINE THE ADVISORY COUNCIL; BY ADDING SECTIONS 48-9-215 AND 48-9-225 SO AS TO ESTABLISH AND PROVIDE FOR THE STATE LAND RESOURCES COUNCIL AND CONSERVATION DISTRICTS ADVISORY COUNCIL; AND TO REPEAL SECTION 48-9-230, RELATING TO THE ADVISORS TO THE STATE LAND RESOURCES CONSERVATION COMMISSION; SECTION 48-9-1210, AS AMENDED, RELATING TO THE QUALIFICATIONS OF APPOINTED COMMISSIONERS OF SOIL AND WATER CONSERVATION DISTRICTS, SO AS TO PROVIDE FOR THEIR APPOINTMENT BY THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES UPON THE RECOMMENDATION OF THE ADVISORY COUNCIL INSTEAD OF BY THE BOARD OF THE DEPARTMENT; SECTION 48-9-1230, AS AMENDED, RELATING TO THE TERMS, VACANCIES, AND REMOVAL OF THE DISTRICT COMMISSIONERS, SO AS TO DELETE OBSOLETE LANGUAGE AND REVISE THE PROCEDURE FOR THE FILLING OF VACANCIES AND FOR REMOVAL; SECTION 48-9-1820, AS AMENDED, RELATING TO THE ELIGIBILITY AND COMPENSATION OF MEMBERS OF BOARDS OF ADJUSTMENT, SO AS TO PROVIDE FOR MEMBERS OF THE ADVISORY COUNCIL INSTEAD OF THE BOARD OF THE DEPARTMENT TO BE INELIGIBLE TO SERVE AND TO CLARIFY REFERENCES TO THE BOARDS OF ADJUSTMENT; SECTION 48-9-1840, AS AMENDED, RELATING TO HARDSHIP PETITIONS FILED WITH BOARDS OF ADJUSTMENT, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-9-1850, AS AMENDED, RELATING TO HEARINGS AND ACTION BY THE BOARDS, SO AS TO CLARIFY REFERENCES TO THE BOARDS; SECTION 48-39-210, AS AMENDED, RELATING TO CRITICAL AREA DELINEATIONS, SO AS TO REVISE THE NAME OF THE COASTAL COUNCIL; SECTION 49-7-70, RELATING TO THE POWERS OF THE BUSHY PARK AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE STATE HIGHWAY DEPARTMENT TO THE RESTRUCTURING ACT; SECTION 50-3-510, AS AMENDED, RELATING TO THE CUTTING OF TIMBER BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCES TO WILDLIFE AND FRESHWATER FISH DIVISION TO WILDLIFE AND FRESHWATER FISHERIES DIVISION; SECTION 50-5-110, AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO CHANGE THE REFERENCE TO DIVISION TO DEPARTMENT TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 50-17-730, AS AMENDED, RELATING TO THE REQUIREMENT FOR PEELER AND SOFT SHELL CRABS, SO AS TO DELETE THE REFERENCE TO MARINE RESOURCES DIVISION TO CONFORM TO OTHER CHANGES IN THE SECTION; SECTION 51-3-60, RELATING TO FREE USE OF STATE PARK FACILITIES BY DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING AND THE STATE DEPARTMENT OF PARKS, RECREATION AND TOURISM; SECTION 51-13-860, RELATING TO A SPECIAL LOAN TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO CONFORM A REFERENCE TO THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 53-3-100, RELATING TO THE COMMITTEE WHICH HONORS THE "SOUTH CAROLINA FAMILY OF THE YEAR", SO AS TO REVISE THE NAMES OF CERTAIN DEPARTMENTS AND COMMISSIONS ON THE COMMITTEE; SECTION 56-1-221, RELATING TO A MEDICAL ADVISORY BOARD TO THE DEPARTMENT OF REVENUE AND TAXATION, SO AS TO CONFORM REFERENCES TO ACT 181 OF 1993, RESTRUCTURING OF STATE GOVERNMENT; SECTION 57-5-1340, RELATING TO POWERS AND DUTIES OF THE DEPARTMENT OF TRANSPORTATION REGARDING TURNPIKES, SO AS TO CHANGE REFERENCES OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTIONS 57-25-470 AND 57-25-680, RELATING TO COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING SIGNS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; SECTION 57-27-70, RELATING TO ACQUISITION OF LANDS FOR JUNKYARDS, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO THE DEPARTMENT OF TRANSPORTATION; ARTICLE 3, CHAPTER 3, TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION, SO AS TO DEVOLVE ITS DUTIES AND FUNCTIONS UPON THE DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION; SECTION 59-23-20, RELATING TO THE AUTHORITY OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION, SO AS TO CONFORM A REFERENCE TO THE ECONOMIC DEVELOPMENT COORDINATING COUNCIL TO THE PROVISIONS OF THE RESTRUCTURING ACT; SECTION 59-36-20, RELATING TO DEVELOPMENT OF A COMPREHENSIVE SYSTEM OF SPECIAL EDUCATION, SO AS TO REVISE THE NAME OF THE CONTINUUM OF CARE; SECTION 59-63-31, RELATING TO RESIDENCY REQUIREMENTS TO ATTEND PUBLIC SCHOOLS, SO AS TO CONFORM THE NAME OF THE DEPARTMENT OF YOUTH SERVICES TO ACT 181 OF 1993; SECTION 59-65-30, AS AMENDED, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF YOUTH SERVICES; SECTION 59-67-535, RELATING TO THE USE OF BOATS OPERATED BY THE DEPARTMENT OF EDUCATION TO TRANSPORT DISABLED PERSONS, SO AS TO REVISE THE NAME OF THE COMMISSION ON AGING; SECTION 59-111-20, AS AMENDED, RELATING TO FREE TUITION FOR CERTAIN VETERANS' CHILDREN, SO AS TO REVISE THE NAME OF THE DEPARTMENT OF VETERANS AFFAIRS.
Referred to Committee on Judiciary.
H. 4380 -- Reps. Cobb-Hunter, Canty, Jennings, Moody-Lawrence and Meacham: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 93 SO AS TO PROVIDE A METHOD FOR REGULATING THE HOME-SERVICE SYSTEM OF DISTRIBUTION OF INSURANCE POLICIES IN SOUTH CAROLINA, INCLUDING PROVISIONS, AMONG OTHER THINGS, FOR DEFINING DECEPTIVE ACTS AND FOR THE PROMULGATION OF REGULATIONS.
Referred to Committee on Labor, Commerce and Industry.
H. 4381 -- Reps. Cobb-Hunter, Canty and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4382 -- Reps. Cobb-Hunter, Canty and Whipper: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, AND SECTION 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING SERVICE CREDIT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO DELETE THE REQUIREMENT THAT THE EMPLOYER SHARE OF THE COST OF ESTABLISHING MILITARY SERVICE BE ASSUMED BY THE STATE AND INSTEAD REQUIRE THE EMPLOYER PAYMENT TO BE MADE BY THE CURRENT EMPLOYER OF THE MEMBER ESTABLISHING THE SERVICE.
Referred to Committee on Ways and Means.
H. 4383 -- Reps. Cobb-Hunter, Canty, McLeod and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 OF TITLE 59 SO AS TO REQUIRE AN INSTITUTION OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION AND AWARENESS OF CAMPUS SEXUAL ASSAULT.
Referred to Committee on Education and Public Works.
H. 4384 -- Reps. D. Smith and Jennings: A BILL TO AMEND SECTION 22-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A MAGISTRATE'S CONCURRENT CIVIL JURISDICTION, SO AS TO PROVIDE A TECHNICAL REVISION.
Referred to Committee on Judiciary.
H. 4385 -- Reps. Kirsh and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-141 SO AS TO PROVIDE REIMBURSEMENT TO THE DEPARTMENT OF PUBLIC SAFETY FROM THE ATHLETIC DEPARTMENT OF A SCHOOL, COLLEGE, OR UNIVERSITY WHICH HOLDS AN ATHLETIC EVENT FOR THE COST OF A COMMISSIONED TROOPER TO PERFORM TRAFFIC, CROWD, OR PEDESTRIAN CONTROL AT THE EVENT.
Referred to Committee on Education and Public Works.
H. 4386 -- Reps. J. Brown, T. Brown and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-146 SO AS TO REQUIRE INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND CONTRACTS ISSUED OR RENEWED ON OR AFTER JULY 1, 1998, TO PROVIDE COVERAGE FOR DIABETES OUTPATIENT SELF-MANAGEMENT TRAINING AND DIABETES EQUIPMENT AND SUPPLIES.
Referred to Committee on Labor, Commerce and Industry.
H. 4387 -- Reps. J. Brown, T. Brown, Canty and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4388 -- Reps. Witherspoon, Cromer, Knotts and Riser: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-375, SO AS TO PROHIBIT AN INDIVIDUAL FROM RECEIVING A LOAN, GRANT, SCHOLARSHIP, OR OTHER FINANCIAL ASSISTANCE FUNDED BY STATE REVENUE, FEDERAL FUNDS, OR GIFTS AND GRANTS ACCEPTED BY THE STATE OR FROM RECEIVING A STUDENT LOAN GUARANTEED BY THE STATE UNLESS THE INDIVIDUAL FILES A STATEMENT OF THE INDIVIDUAL'S SELECTIVE SERVICE STATUS.
Referred to Committee on Ways and Means.
H. 4393 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-215 SO AS TO PROHIBIT THE AWARDING OF DAMAGES IN FAVOR OF A PERSON WHO WAS OPERATING HIS MOTOR VEHICLE AT THE TIME ANY INJURY OCCURRED TO HIM AS A RESULT OF HIS OPERATION OF THE VEHICLE WHO DID NOT HAVE IN EFFECT FOR THAT VEHICLE THE FINANCIAL SECURITY REQUIRED BY THE LAWS OF THIS STATE AT THE TIME THE INJURY OCCURRED.
Referred to Committee on Labor, Commerce and Industry.
H. 4394 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PHASE IN OVER TEN YEARS AN EXEMPTION FOR PRIVATE PASSENGER MOTOR VEHICLES, MOTORCYCLES, AND TRUCKS WITH AN EMPTY WEIGHT OF NOT MORE THAN FIVE THOUSAND POUNDS, TO EXCLUDE FROM THE EXEMPTION VEHICLES USED IN A TRADE OR BUSINESS, TO PROVIDE FOR LOCAL GOVERNMENTS TO BE REIMBURSED FOR THE TAXES NOT COLLECTED BECAUSE OF THIS EXEMPTION, AND TO PROVIDE THAT THIS EXEMPT PROPERTY IS NEVERTHELESS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF BONDED INDEBTEDNESS AND CALCULATING THE INDEX OF TAXPAYING ABILITY.
Referred to Committee on Ways and Means.
H. 4395 -- Reps. Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-117-110 SO AS TO PROVIDE THAT CONCURRENT JURISDICTION IS GRANTED TO THE UNITED STATES OF AMERICA OVER THAT CERTAIN TRACT OF LAND COMPRISED WITHIN THE LIMITS OF THE NATIONAL ADVOCACY CENTER, A FACILITY LEASED TO THE UNITED STATES SITUATE ON THE CAMPUS OF THE UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE THAT THE STATE OF SOUTH CAROLINA RESERVES CONCURRENT JURISDICTION TO ENFORCE THE CRIMINAL AND CIVIL LAWS OF THIS STATE WITHIN THE NATIONAL ADVOCACY CENTER, AND TO PROVIDE FOR THE JURISDICTION SO CEDED SHALL CONTINUE AS LONG AS THE UNITED STATES LEASES THE NATIONAL ADVOCACY CENTER.
Referred to Committee on Judiciary.
H. 4399 -- Reps. Wilkins, Townsend, Harrell, Haskins, Allison, J. Hines, Hinson, D. Smith, R. Smith, Stuart, Walker, Limehouse, Maddox, Spearman, Kennedy, Vaughn, G. Brown, Battle, Whatley, Barfield, Barrett, Young-Brickell, Bailey, Meacham, Neilson, Rice, Bauer, McCraw, Martin, Chellis, Rodgers, Delleney, Littlejohn, Stille, Stoddard, Cato, J. Brown, Law, Cotty, Witherspoon, Kinon, Knotts, Woodrum, Beck, T. Brown, Rhoad, Riser, Mason, Dantzler, Edge, McKay, Sandifer, Davenport, McGee, Gamble, McMaster, Felder, Byrd, Lanford, Miller, Phillips, Koon, McMahand, Kirsh, Quinn, Wilkes, Cromer, Cooper, Wilder, Harvin, Harrison, H. Brown and Sharpe: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 8 SO AS TO ENACT THE "SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS (PASS) ACT" INCLUDING PROVISIONS TO ESTABLISH A PASS COMMISSION AND PROVIDE FOR ITS FUNCTIONS AND DUTIES, TO REQUIRE THE ADOPTION OF CERTAIN STATE EDUCATION STANDARDS BY THE STATE BOARD OF EDUCATION, AND CREATE AN ASSESSMENT SYSTEM TO MONITOR THE ATTAINMENT OF THESE STANDARDS, TO PROVIDE FOR ANNUAL REPORT CARDS, PERFORMANCE INDICATORS AND AWARDS FOR SCHOOLS, TO PROVIDE ASSISTANCE FOR POORLY PERFORMING SCHOOLS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; AND TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM.
Referred to Committee on Education and Public Works.
H. 4400 -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
Referred to Spartanburg Delegation.
S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER1,TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.
Referred to Committee on Labor, Commerce and Industry.
S. 490 -- Senator Thomas: A BILL TO AMEND SECTION 24-3-960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONIES IN THE UNLAWFUL POSSESSION OF PRISONERS BEING DECLARED CONTRABAND, SO AS TO PROVIDE THAT MONIES, TOKENS, OR THINGS OF LIKE NATURE USED AS MONEY SO SEIZED MUST BE DEPOSITED IN A FUND MAINTAINED BY THE DEPARTMENT OF CORRECTIONS TO AID IN THE DEPARTMENT'S DRUG INTERDICTION EFFORTS RATHER THAN IN A WELFARE FUND OF THE INSTITUTION IN WHICH THE PRISONER IS CONFINED; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO CREDIT GIVEN
CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE THAT A PRISONER SERVING TIME IN AN ADMINISTRATIVE SEGREGATION UNIT OF AN INSTITUTION OR IN THE MAXIMUM SECURITY UNIT OF THE DEPARTMENT AS A RESULT OF HIS OWN MISCONDUCT, AND A PRISONER WHO COMMITS AN OFFENSE OR IS FOUND GUILTY OF A SERIOUS OR OF REPETITIVE RULE VIOLATIONS OF THE INSTITUTION, MAY NOT BE ENTITLED TO CREDIT UNDER THIS SECTION; TO AMEND SECTION 24-19-30, AS AMENDED, RELATING TO THE DUTIES OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REQUIRE THAT THE DIVISION REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES THE NAMES OF COMMITTED YOUTHFUL OFFENDERS FOR CONDITIONAL RELEASE AND UNCONDITIONAL DISCHARGE; TO AMEND SECTION 24-19-50, AS AMENDED, RELATING TO THE POWERS OF COURTS UPON CONVICTION OF YOUTHFUL OFFENDERS SO AS TO SUBSTITUTE THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES IN PLACE OF THE YOUTHFUL OFFENDER DIVISION AS THE DISCHARGE AUTHORITY FOR YOUTHFUL OFFENDERS UNDER TWENTY-ONE SENTENCED INDEFINITELY TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-19-90, AS AMENDED, RELATING TO OPTIONS OF THE DIRECTOR OF THE RECEPTION AND EVALUATION CENTER, SO AS TO PROVIDE THAT THE DIRECTOR MAY RECOMMEND TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS THAT A COMMITTED YOUTHFUL OFFENDER BE REFERRED TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES FOR CONDITIONAL RELEASE UNDER SUPERVISION; TO AMEND SECTION 24-19-110, AS AMENDED, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS MAY, AFTER REASONABLE NOTICE TO THE DIRECTOR, REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES THE NAME OF A COMMITTED YOUTHFUL OFFENDER FOR CONDITIONAL RELEASE UNDER SUPERVISION, THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY ASSESS REASONABLE FEES TO BE PAID BY YOUTHFUL OFFENDERS TO OFFSET COSTS OF SUPERVISION, AND THAT THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DISCHARGE A COMMITTED YOUTHFUL OFFENDER UNCONDITIONALLY AT THE EXPIRATION OF ONE YEAR FROM THE DATE OF CONDITIONAL RELEASE; TO AMEND SECTION 24-19-130, RELATING TO REVOCATION OR MODIFICATION OF ORDERS OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY REVOKE OR MODIFY PREVIOUS ORDERS RESPECTING YOUTHFUL OFFENDERS; TO AMEND SECTION 24-19-140, RELATING TO SUPERVISORY AGENTS OF YOUTHFUL OFFENDERS PERMITTED TO REMAIN AT LIBERTY OR CONDITIONALLY RELEASED, SO AS TO SUBSTITUTE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR THE YOUTHFUL OFFENDER DIVISION AS THE APPOINTING AND REGULATING AUTHORITY FOR SUPERVISOR AGENTS AND REGULATIONS; TO AMEND SECTION 24-19-150, RELATING TO TREATMENT AND RETURN TO CUSTODY OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT IF, BEFORE THE UNCONDITIONAL DISCHARGE OF A CONDITIONALLY RELEASED YOUTHFUL OFFENDER, THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES IS OF THE OPINION THAT A YOUTHFUL OFFENDER WILL BE BENEFITED BY FURTHER TREATMENT, THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DIRECT HIS RETURN TO CUSTODY AND MAY REVOKE THE ORDER OF CONDITIONAL RELEASE; AND TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS AND REQUIREMENTS OF NOTIFICATION OF RELEASE OF PRISONERS TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT VICTIMS REGISTERED PURSUANT TO SECTION 16-3-1530(C) (THE VICTIMS AND WITNESSES BILL OF RIGHTS) AND THE SHERIFF'S OFFICE IN THE COUNTY WHERE A PRISONER SENTENCED FOR A "NO PAROLE OFFENSE" IS TO BE RELEASED MUST BE NOTIFIED BY THE DEPARTMENT OF CORRECTIONS RATHER THAN THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST NOTIFY THE REGISTERED VICTIM UPON THE REVOCATION OR COMPLETION OF A COMMUNITY SUPERVISION PROGRAM.
Referred to Committee on Judiciary.
S. 810 -- Senator Holland: A JOINT RESOLUTION TO PERMIT THE GOVERNOR TO RESUBMIT THE NAME OF THE INTERIM DIRECTOR SERVING AT THE DEPARTMENT OF PUBLIC SAFETY IF THE INTERIM APPOINTEE IS NOT CONFIRMED BY THE SENATE PRIOR TO THE GENERAL ASSEMBLY ADJOURNING, SINE DIE AND TO PROVIDE THAT IF THE INTERIM APPOINTEE'S NAME IS RESUBMITTED BY THE GOVERNOR, THAT THE APPOINTEE MAY CONTINUE TO SERVE UNTIL FEBRUARY 1, 1998, AT WHICH TIME THE OFFICE SHALL BE VACANT IF THE APPOINTEE IS NOT CONFIRMED.
Referred to Committee on Judiciary.
On motion of Rep. HAWKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4396 -- Reps. Hawkins, Allison, Davenport, Lanford, Lee, Littlejohn, D. Smith, Vaughn, Walker and Wilder: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO A DELEGATION OF STUDENTS, PARENTS, AND OFFICIALS FROM THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND FOR THE PURPOSE OF BEING RECOGNIZED AND INTRODUCED AND RENDERING A PERFORMANCE BY THE STUDENTS ON WEDNESDAY, JANUARY 28, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to a delegation of students, parents, and officials from the South Carolina School for the Deaf and the Blind for the purpose of being recognized and introduced and rendering a performance by the students on Wednesday, January 28, 1998, at a time to be determined by the Speaker.
The Resolution was adopted.
The following was introduced:
H. 4397 -- Reps. Govan, Cobb-Hunter, Felder, Sharpe and Stuart: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO STERLING J. DOWLING OF ORANGEBURG-WILKINSON HIGH SCHOOL UPON BEING CHOSEN AS THE GOVERNOR OF THE 1997 AMERICAN LEGION PALMETTO BOYS' STATE AND TO FURTHER HONOR THIS OUTSTANDING YOUNG MAN ON ATTAINING THE ULTIMATE GOAL OF BEING ELECTED PRESIDENT OF THE 1997 AMERICAN LEGION BOYS' NATION IN WASHINGTON, D.C.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4398 -- Rep. Bowers: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THE YEMASSEE EXIT OFF INTERSTATE 95 IN HAMPTON COUNTY TO HONOR THE MEMORY OF FIRST SERGEANT FRANKIE LEE LINGARD OF THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS KILLED IN THE LINE OF DUTY ON DECEMBER 31, 1997.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. 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 Harris Harrison Harvin Haskins Hawkins Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille 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, January 13.
Jesse E. Hines Jackson S. Whipper
LEAVE OF ABSENCE
The SPEAKER granted Rep. KLAUBER a leave of absence through January 20 due to business reasons.
I was present but was speaking to the media during roll call.
Rep. JESSE E. HINES
Announcement was made that Dr. Stephen Imbeau of Florence is the Doctor of the Day for the General Assembly.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4315 -- Reps. Beck, Mason, R. Smith, Sharpe, Spearman and Clyburn: A BILL TO AMEND ACT 503 OF 1982, AS AMENDED, RELATING TO THE AIKEN COUNTY SCHOOL DISTRICT AND THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO REVISE THE BOARD'S AUTHORITY WITH REGARD TO ADMINISTRATIVE AREA OFFICES AND AREA ADVISORY COUNCILS.
The motion of Rep. QUINN to reconsider the vote whereby the following Bill was continued was taken up.
S. 604 -- Senators Rose, Drummond, Courson and Giese: A BILL TO AMEND SECTION 1-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF THE SECRETARY OF STATE, SO AS TO PROVIDE THAT A PERSON ELECTED SECRETARY OF STATE IN THE 1998 GENERAL ELECTION OR THEREAFTER SHALL RECEIVE NO COMPENSATION AND EXERCISE NO FUNCTIONS OR DUTIES, AND THAT THE FUNCTIONS AND DUTIES OF THE SECRETARY OF STATE MUST BE DEVOLVED UPON THE GOVERNOR OR HIS DESIGNEE.
Rep. SHEHEEN inquired if the Bill was continued last year and the prevailing motion now is to reconsider the motion whereby it was continued.
The SPEAKER stated that Mr. Quinn moved to reconsider the vote whereby the Bill was continued and debate was adjourned on that motion to July 1, 1997. Therefore, we have the motion by Mr. Quinn to reconsider the vote whereby the Bill was continued. That is the pending motion. Mr. Quinn's motion to reconsider the vote whereby the Bill was continued is the pending motion. The motion to continue is not debatable; therefore, the motion to reconsider was not debatable.
Rep. HASKINS raised a Point of Order that at this time the motion to continue or to reconsider the motion to continue was a moot question. Since the Bill was essentially continued last year, the motion to reconsider was never voted upon last year, and regardless of the outcome of the motion to reconsider today, the Bill would remain in the same position on the current Calendar. So at this point that question is moot and should no longer be before the body.
The SPEAKER stated that in fact there was a proposed rule change that clarifies that Point. When you continue you always continue for the next session. In fact a Bill last year was by Mr. Baxley and continued for a date specific which runs counter to what our precedent has allowed us to do. It is a moot point. Whether this body reconsiders the motion to continue or not, the Bill is still up on today's calendar. So whether you vote "yes" or "no" to reconsider the vote to continue, the Bill is still before you. The Speaker further stated that if a vote to reconsider now and then you move once again to continue the Bill, then that would take the Bill off the calendar and continue it until next year. It takes a new motion to continue, because the old motion to continue and the subsequent motion to reconsider were made in last year's session. Regardless of the outcome of the pending motion to reconsider, the Bill will be in the same position on today's calendar. The Bill was continued during last year's session and therefore cannot be addressed by the House until this year. He further stated that the motion to reconsider the motion to continue was not taken up before last year's sine die adjournment, and is still pending on today's calendar. However, regardless of whether the House votes to reconsider last year's motion to continue, the Bill is going to be in the same position on today's calendar. Thus, the motion to reconsider is moot, and I am going to sustain your Point of Order.
Rep. BAXLEY moved to continue the Bill.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Battle Bauer Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Carnell Cave Clyburn Cobb-Hunter Delleney Fleming Gourdine Govan Harvin Haskins Hawkins Hines, J. Hines, M. Howard Inabinett Kennedy Knotts Lanford Lloyd Mack Maddox McAbee McLeod McMahand Miller Moody-Lawrence Neal Neilson Pinckney Rhoad Scott Sheheen Smith, F. Smith, J. Stille Stoddard Whatley Wilkes
Those who voted in the negative are:
Allison Altman Askins Bailey Barfield Barrett Beck Bowers Brown, H. Brown, T. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Easterday Edge Gamble Hamilton Harrell Harris Harrison Hinson Jennings Jordan Keegan Kelley Kinon Kirsh Koon Law Leach Lee Limehouse Littlejohn Loftis Martin Mason McCraw McGee McKay McMaster Meacham Mullen Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Walker Webb Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to continue the Bill.
Rep. HARRISON moved to recommit the Bill to the Judiciary Committee, which was agreed to.
Rep. SIMRILL moved to adjourn debate upon the following Bill until Wednesday, January 14, which was adopted.
H. 3968 -- Reps. Simrill, Kirsh, Meacham and Moody-Lawrence: A BILL TO ALLOW THE YORK COUNTY LEGISLATIVE DELEGATION THE AUTHORITY TO OVERRIDE A DECISION OF
THE DEPARTMENT OF TRANSPORTATION CONCERNING THE PLACEMENT OF ELECTRICAL TRAFFIC-CONTROL DEVICES.
Rep. D. SMITH moved to adjourn debate upon the following Bill until Wednesday, January 14, which was adopted.
S. 75 -- Senators Drummond and Holland: A BILL TO RATIFY AN AMENDMENT TO ARTICLE I OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE DECLARATION OF RIGHTS, SO AS TO PROVIDE FOR THE "VICTIM'S BILL OF RIGHTS" BY ADDING SECTION 24; AND ALSO TO RATIFY AN AMENDMENT TO SECTION 15, ARTICLE I OF THE CONSTITUTION, RELATING TO THE RIGHT OF BAIL, CRUEL OR UNUSUAL PUNISHMENT, AND DETENTION OF WITNESSES, SO AS TO PROVIDE THAT BAIL MAY BE DENIED TO PERSONS CHARGED WITH VIOLENT OFFENSES.
The following Joint Resolution was taken up.
H. 4286 -- Reps. Sheheen, Carnell and Delleney: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1997-98 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Rep. SHEHEEN moved to table the Joint Resolution, which was agreed to.
Rep. FELDER moved to adjourn debate upon the following Bill until Tuesday, January 20, which was adopted.
H. 3248 -- Reps. F. Smith, McMahand, Whipper, Miller, Lee, Hamilton, M. Hines, Leach, Cato, Wilkins and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-375 SO AS TO REQUIRE A HOSPITAL, NURSING HOME, OR OTHER LICENSED FACILITY TO INCLUDE AND MAINTAIN INCIDENCE AND OCCURRENCE REPORTS PERTAINING TO PATIENTS IN THE PATIENT'S MEDICAL RECORD.
The following Bill was taken up.
H. 4115 -- Reps. Limbaugh, Harrison, Wilkins and D. Smith: A BILL TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Reps. HARRISON, COTTY, BARRETT, SANDIFER, SCOTT, J. BROWN, KNOTTS, KIRSH, WOODRUM, NEAL, GOVAN, CLYBURN, HOWARD, HARRELL, DAVENPORT, R. SMITH and MOODY-LAWRENCE requested debate on the Bill.
The veto on the following Joint Resolution was taken up.
H. 3679 -- 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 continue the veto, which was agreed to.
The veto on the following Bill was taken up.
Rep. H. BROWN moved to continue the veto, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 3277 -- Reps. Stuart, Felder and Govan: A BILL TO AMEND ACT 526 OF 1996, RELATING TO THE CONSOLIDATION OF ORANGEBURG COUNTY SCHOOL DISTRICTS, SO AS TO PROHIBIT THE ISSUING OF GENERAL OBLIGATION BONDS AND THE CONDUCTING OF ANY REFERENDUM NECESSARY TO ISSUE BONDS BY ANY SCHOOL DISTRICT IN ORANGEBURG COUNTY BEFORE JULY 1, 1997.
Rep. FELDER moved to adjourn debate upon the Senate amendments until Wednesday, January 14, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE
REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3215 -- Reps. Simrill and Meacham: A BILL TO AMEND SECTION 17-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A TOWN OR CITY POLICE OFFICER'S JURISDICTION OUTSIDE THE TOWN'S OR CITY'S CORPORATE LIMITS WHEN IN PURSUIT OF AN OFFENDER, SO AS TO INCREASE THE OFFICER'S JURISDICTION FROM A THREE-MILE RADIUS OF THE TOWN'S OR CITY'S CORPORATE LIMITS TO COUNTYWIDE JURISDICTION.
Rep. SIMRILL proposed the following Amendment No. 1A (Doc Name P:\AMEND\DKA\4715CM.98), which was adopted.
Amend the bill, as and if amended, by deleting SECTION 2.
Renumber sections to conform.
Amend title to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following House Resolution was taken up.
H. 4321 -- Reps. Bowers, Rodgers, Hawkins, Mullen and Campsen: A HOUSE RESOLUTION TO REQUEST THE BOARD OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO APPOINT AN AD HOC COMMITTEE TO INDEPENDENTLY EVALUATE THE EFFECTIVENESS OF THE DEPARTMENT'S EVALUATION AND LICENSING PROCEDURE FOR SAFETY DISPOSAL SYSTEMS' MEDICAL WASTE INCINERATOR COMPLEX IN HAMPTON COUNTY IN RESPONSE TO A RECENT FIRE SUSTAINED BY THE COMPANY AND TO PROVIDE THAT A REPORT OF ITS FINDINGS SHALL BE SUBMITTED TO THE GENERAL ASSEMBLY.
Rep. BOWERS moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
Rep. J. BROWN moved that the House do now adjourn, which was adopted.
At 1:00 P.M. the House in accordance with the motion of Rep. SHARPE adjourned in memory of William Van Hegler, Sr., to meet at 2:00 P.M. tomorrow.
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