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:

You are beyond all comprehension and all knowledge, O God. We search for words that can adequately express to You our thanks, but find that we are left lacking. May our presence here before this altar of prayer be an expression of our devotion to You. You ask so little of us, and we in turn ask so much from You. We know that Your love is boundless and Your concern for Your creation is endless. Therefore, having been blessed by You, may we forevermore be a blessing to You and to one another.

Hear our prayer, O Lord, offered 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.

After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.

Rep. D. SMITH moved that when the House adjourns, it adjourn in memory of former Governor Donald S. Russell of Spartanburg, and father of Senator John R. Russell, which was agreed to.

The following was received.
Columbia, S.C., February 24, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs the Honorable Body that due to the passing of the Honorable Donald S. Russell, beloved father of Senator John Russell, the Senate will not be in attendance at the Joint Assembly scheduled for Wednesday, February 25, 1998, at 12:00 Noon, to hear the address of the National Commander of the American Legion. The Senate will be meeting for local matters and those statewide matters which have unanimous consent to be considered.

Respectfully submitted,
/s/Clerk of the Senate

Received as information.

The following was received from the Senate.

Columbia, S.C., February 19, 1998
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 567:
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
Very respectfully,
President

On motion of Rep. J. BROWN, the House insisted upon its amendments.

Whereupon, the Chair appointed Reps. BATTLE, M. HINES and JORDAN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.

The following were received and referred to the appropriate committees for consideration.

Document No. 2261
Promulgated By Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-1-140(7)
Natural Public Swimming Areas
Received By Speaker February 23,1998
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date June 28,1998

Document No. 2279
Promulgated By Department of Education
Statutory Authority: 1976 Code Sections 59-5-60 (4,5), 9-25-110 & 59-26-10, et seq.
Trade and Industrial Certification
Received By Speaker February 23,1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 23,1998

Document No. 2188
Promulgated By Department of Public Safety
Statutory Authority: 1976 Code Section 23-6-10
Article 5. State Transport Police Regulations, Sub-Article 1. Unmanufactured Forest Products Trucking Regulations
Received By Speaker February 19,1998
Referred to House Committee on Education and Public Works
120 Day Review Expiration Date June 19,1998

The following were received.

Document No. 2173
Promulgated By Commission in Higher Education
Statutory Authority: 1976 Code Section 59-103-45
Performance Funding 1998 and Subsequent Years
Received By Speaker April 22, 1997
Referred to House Committee on Ways and Means
Revised Expiration Date April 15,1998
Withdrawn and Resubmitted February 19,1998

Document No. 2271
Promulgated By Department of Labor, Licensing and Regulation - Board of Funeral Service
Statutory Authority: 1976 Code Section 40-19-90
Continuing Education Requirements
Received By Speaker February 4, 1998
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Revised June 9, 1998
Withdrawn and Resubmitted February 23,1998

The following was received.

Document No. 2197
Promulgated By Commission on Higher Education
Statutory Authority: 1976 Code Section 59-103-45
Performance Funding (FY 1997-1998)
Received By Speaker April 22, 1997
Referred to House Committee on Ways and Means
120 Day Review Period Expiration Date March 17, 1998
Permanently Withdrawn February 19, 1998

Rep. TOWNSEND, from the Anderson Delegation, submitted a favorable report, on:

H. 4449 -- Reps. Cooper, Townsend, Martin, Jordan, Maddox and Stille: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

Ordered for consideration tomorrow.

On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:

H. 4674 -- Reps. Scott, Lee, J. Brown, Moody-Lawrence, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A HOUSE RESOLUTION TO PROVIDE THAT PORTRAITS OF FORMER SPEAKERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES SAMUEL J. LEE AND ROBERT BROWN ELLIOTT BE UNVEILED ON WEDNESDAY, MARCH 18, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER AND PLACED IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES UPON COMPLETION OF THE STATE HOUSE RENOVATION PROJECT AT A LOCATION DETERMINED BY THE SPEAKER.

Whereas, two African-Americans served as Speakers of the South Carolina House of Representatives from 1872-1877; and

Whereas, The Honorable Samuel J. Lee of Aiken County was the first African-American to serve as Speaker of the South Carolina House of Representatives; and

Whereas, he was nominated to the office of Speaker of the House of Representatives by James A. Bowley of Georgetown; and

Whereas, Samuel J. Lee was unanimously elected Speaker of the House of Representatives upon receiving one hundred nine votes; and

Whereas, he served as Speaker of the House of Representatives from 1872-1874; and

Whereas, The Honorable Robert Brown Elliott was the second African-American to serve as Speaker of the South Carolina House of Representatives; and

Whereas, he served as Speaker of the South Carolina House of Representatives from 1874 to 1877; and

Whereas, Speaker Elliott was born in Boston, Massachusetts and graduated from the Massachusetts Law School; and

Whereas, he served as a member of the South Carolina House of Representatives and the United States House of Representatives; and

Whereas, Speaker Elliott is credited with having performed well in his leadership role in the South Carolina House of Representatives; and

Whereas, the members of the South Carolina House of Representatives believe it is fitting and proper to have appropriate portraits of Speaker Samuel J. Lee and Speaker Robert Brown Elliott placed in the Chambers of the House of Representatives upon completion of the State House renovation project. Now, therefore,

Be it resolved by the House of Representatives:

That portraits of former Speakers of the South Carolina House of Representatives Samuel J. Lee and Robert Brown Elliott be unveiled on Wednesday, March 18, 1998, at a time to be determined by the Speaker and placed in the Chambers of the House of Representatives upon completion of the State House Renovation Project at a location determined by the Speaker.

The Resolution was adopted.

The following was introduced:

H. 4675 -- Rep. Harrison: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO AMEND THE UNITED STATES CODE TO PERMIT FULL CONCURRENT RECEIPT OF MILITARY LONGEVITY RETIREMENT PAY AND SERVICE-CONNECTED DISABILITY COMPENSATION BENEFITS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4676 -- Rep. J. Brown: A CONCURRENT RESOLUTION CONGRATULATING EVELYN AND EARL REUBEN OF RICHLAND COUNTY ON THE HAPPY OCCASION OF THEIR FIFTIETH WEDDING ANNIVERSARY AND COMMENDING BOTH OF THEM FOR THEIR MANY CONTRIBUTIONS TO THEIR COMMUNITY OVER THE YEARS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4677 -- Rep. Barfield: A CONCURRENT RESOLUTION URGING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND SPECIFICALLY THE HONORABLE STROM THURMOND AND THE HONORABLE FLOYD SPENCE TO SUPPORT AND EXPEDITE THE UPGRADE OF COLONEL LOGAN E. WESTON'S DISTINGUISHED SERVICE CROSS TO THE CONGRESSIONAL MEDAL OF HONOR.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 4678 -- Reps. D. Smith, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, 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, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION EXPRESSING THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF JUDGE DONALD S. RUSSELL, FORMER GOVERNOR OF SOUTH CAROLINA, AND EXTENDING DEEPEST SYMPATHY TO HIS WIDOW, TO HIS SON, THE HONORABLE JOHN R. RUSSELL, OUR ESTEEMED COLLEAGUE IN THE GENERAL ASSEMBLY, AND TO ALL THE OTHER MEMBERS OF JUDGE RUSSELL'S FAMILY.

Whereas, Judge Donald S. Russell of Spartanburg, former Governor of South Carolina and one of the State's most distinguished statesmen, died at his home on Sunday, February 22, 1998, his ninety-second birthday; and

Whereas, Judge Russell is survived by his widow, Virginia Faire Utsey Russell, four children, Donald S. Russell, Jr., Walker Scott Russell, Mildred Pendleton Neiman, and the Honorable John R. Russell, State Senator from Spartanburg, our beloved and esteemed colleague in the General Assembly, and nine grandchildren; and

Whereas, at the time of his death, Judge Russell served on the United States Fourth Circuit Court of Appeals in Richmond, Virginia, where he earned a reputation for excellent judicial ability and temperament; and

Whereas, Judge Russell was an outstanding member of the practicing Bar of South Carolina; he also held several key federal government posts, including a position with the Price Adjustment Board of the War Department, before going on active duty with the United States Army in Europe; he returned and served as Assistant Secretary of State for Administration under Secretary of State James F. Byrnes during President Truman's administration; and

Whereas, from 1952 to 1957, Judge Russell served as President of the University of South Carolina, his beloved alma mater, and was instrumental in creating the modern-day USC; the university's Russell House Student Union was named for Judge and Mrs. Russell in 1955 and stands as a tribute to their devotion and contributions to USC; and

Whereas, in 1962, he was elected Governor of South Carolina and is remembered for his commitment to peaceful integration during a crucial time in the State's history; he took a vacant seat in the United States Senate in 1965 and served with distinction in that position for more than a year and a half; he was appointed in 1967 to serve on the United States District Court for South Carolina by President Lyndon Johnson and was elevated to the United States Fourth Circuit Court of Appeals in 1971 by President Nixon; and

Whereas, Donald S. Russell was widely admired and esteemed for his outstanding intellect, for his utter devotion to duty and to his family, and for his exceptional ability to lead and govern; he was a "quiet giant" on the South Carolina political scene, never seeking headlines or praise for himself; and his innumerable contributions and achievements in his many positions of superb public service elevated him at length to the rare position of genuine statesman; and

Whereas, we were deeply saddened to learn of Judge Russell's death, but we pause, as we should, to rejoice and give thanks for the gift of this brilliant and dedicated gentleman; he truly left his mark on the Palmetto State; and present and future South Carolinians will long reap the benefits of the exceptional leadership and service given freely, generously, and lovingly by him to the people of this great State. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly of the State of South Carolina, by this resolution, express profound sorrow at the death of Judge Donald S. Russell, former Governor of South Carolina, and extend deepest sympathy to his widow, his son, the Honorable John R. Russell, our esteemed colleague in the General Assembly, and all the other members of Judge Russell's family.

Be it further resolved that a copy of this resolution be forwarded to the Russell family.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 4679 -- Rep. Barfield: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SECRETARY OF DEFENSE TO REESTABLISH CIVILIAN CONTROL OVER THE MILITARY DEPARTMENTS AND EFFECTIVE CUSTODIANSHIP OVER THE ARMY NATIONAL GUARD AND TO MEMORIALIZE CONGRESS TO SUPPORT AND MONITOR THE SECRETARY OF DEFENSE IN THESE MATTERS AND TO PROVIDE FOR CERTAIN SENIOR NATIONAL GUARD OFFICERS TO BE OF SUFFICIENT RANK AND AUTHORITY TO PARTICIPATE IN THE DEFENSE BUDGETING PROCESS.

The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:

H. 4680 -- Reps. J. Smith, Maddox, Kirsh, McCraw, Phillips, Sheheen, Jennings, Wilkes, Bailey, Inabinett, Cave, Jordan, Harvin, Moody-Lawrence, Cromer, Neal, Mullen, Miller, Byrd, Stille, Lloyd, Witherspoon, Clyburn, Battle, Wilder and Bowers: A BILL TO AMEND SECTION 8-13-1300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITION FOR PURPOSES OF THE PROVISIONS CONCERNING CAMPAIGN PRACTICES, SO AS TO AMEND THE DEFINITION OF "INDEPENDENT EXPENDITURE" TO PROVIDE THAT EXPENDITURES BY A PARTY COMMITTEE WHICH HAVE THE EFFECT OF ADVOCATING THE ELECTION OR DEFEAT OF A CLEARLY IDENTIFIED CANDIDATE ARE DEEMED TO BE A CONTRIBUTION TO THE OPPONENT, TO PROVIDE FOR WHEN THERE IS MORE THAN ONE OPPONENT TO A CANDIDATE, TO PROVIDE THAT EXPENDITURES AND CONTRIBUTIONS ARE SUBJECT TO CERTAIN PROVISIONS OF CHAPTER 13, TITLE 8, AND TO REQUIRE THAT AFFECTED ENTITIES ARE SUBJECT TO THE REPORTING AND RECORDKEEPING REQUIREMENTS UNDER ARTICLE 13, CHAPTER 13, TITLE 8, FROM JULY 1, 1998, WHEN THE FIRST REPORT IS DUE AFTER THE EFFECTIVE DATE OF THIS ACT.

Referred to Committee on Judiciary.

H. 4681 -- Rep. Wilkes: A BILL TO AMEND CHAPTER 6, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF AUCTIONEERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF AUCTIONEERS.

Referred to Committee on Labor, Commerce and Industry.

H. 4682 -- Reps. Cromer, Spearman and Young-Brickell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION AGAINST LOTTERIES, SO AS TO AUTHORIZE THE STATE TO CONDUCT LOTTERIES AND TO PROVIDE THAT REVENUES GENERATED BY THE LOTTERY AFTER LOTTERY ADMINISTRATION EXPENSES AND PRIZES MUST BE USED FOR SCHOLARSHIPS FOR IN-STATE RESIDENTS TO ATTEND IN-STATE POST-SECONDARY INSTITUTIONS AND TO PROVIDE SCHOLARSHIP ELIGIBILITY REQUIREMENTS.

Referred to Committee on Ways and Means.

H. 4683 -- Rep. Harrison: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO ADD PROVISIONS AUTHORIZING A PROCEDURE FOR AN ASSOCIATION WHICH ISSUES PROFESSIONAL INSURANCE DESIGNATIONS, OR OTHER INSURANCE RELATED DESIGNATIONS, WHICH REQUIRE CONTINUING EDUCATION TO REQUEST AN EXEMPTION ON BEHALF OF ITS DESIGNEES FROM COMPLYING WITH THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION DURING EACH BIENNIAL REPORTING PERIOD FOR THE LINES OF AUTHORITY COVERED BY THE DESIGNATION.

Referred to Committee on Labor, Commerce and Industry.

H. 4684 -- Rep. J. Brown: A BILL TO AMEND SECTION 40-19-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERMITS FOR FUNERAL ESTABLISHMENTS, SO AS TO REQUIRE A FUNERAL HOME OWNED BY AN INDIVIDUAL, A PARTNERSHIP, CORPORATION, OR OTHER ENTITY WHOSE ACTUAL OWNERSHIP IS NOT CLEARLY REFLECTED IN THE BUSINESS NAME TO CONSPICUOUSLY NOTE IN ITS SIGNAGE, LETTERHEAD, AND ADVERTISEMENTS THE NAME OF THE INDIVIDUAL, PARTNERSHIP, CORPORATION, OR OTHER ENTITY WHICH OWNS THE FUNERAL HOME.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

H. 4685 -- Reps. Kirsh, Gamble and Law: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDIT INSURANCE IN CONSUMER FINANCE TRANSACTIONS, SO AS TO PROHIBIT AN INSURER FROM PAYING A COMMISSION OF GREATER THAN TWENTY PERCENT ON CONSUMER CREDIT INSURANCE, TO DELETE THE PROVISION ALLOWING CONSUMER CREDIT INSURANCE FOR A TERM LESS THAN THE DUE DATE OF THE LAST SCHEDULED PAYMENT OF THE DEBT, TO INCREASE THE MINIMUM LOSS RATIO FROM FIFTY TO SIXTY PERCENT, AND TO DELETE THE SPECIFIC RATES FOR CREDIT INSURANCE CONSIDERED REASONABLE; TO AMEND SECTION 37-4-106, RELATING TO UNCONSCIONABILITY, SO AS TO PROVIDE THAT CONSUMER CREDIT INSURANCE SOLD UPON A PERSON OTHER THAN THE DEBTOR IS IN ITSELF UNCONSCIONABLE; TO AMEND SECTION 37-4-107, RELATING TO MAXIMUM CHARGES BY CREDITORS FOR CREDIT INSURANCE, SO AS TO PROHIBIT AN INSURER FROM PAYING A COMMISSION OF GREATER THAN TWENTY PERCENT ON CONSUMER CREDIT INSURANCE; TO AMEND SECTION 37-4-201, RELATING TO THE TERM OF CONSUMER CREDIT INSURANCE, SO AS TO DELETE THE PROVISION ALLOWING CONSUMER CREDIT INSURANCE FOR A TERM LESS THAN THE DUE DATE OF THE LAST SCHEDULED PAYMENT OF THE DEBT; TO AMEND SECTION 37-4-203, AS AMENDED, RELATING TO APPROVAL OF RATES AND FORMS BY THE DEPARTMENT OF INSURANCE, SO AS TO INCREASE THE MINIMUM LOSS RATIO FROM FIFTY TO SIXTY PERCENT AND TO DELETE THE SPECIFIC RATES FOR CREDIT INSURANCE CONSIDERED REASONABLE; TO AMEND SECTION 37-4-301, RELATING TO PROPERTY INSURANCE, SO AS TO DELETE THE PROVISION ESTABLISHING A MINIMUM CHARGE; TO AMEND CHAPTER 75, TITLE 38, RELATING TO PROPERTY, CASUALTY, AND TITLE INSURANCE, BY ADDING SECTION 38-75-1100 SO AS TO PROHIBIT AN INSURER FROM PAYING A COMMISSION OF GREATER THAN TWENTY PERCENT ON GUARANTEED AUTO PROTECTION; AND TO REPEAL SECTION 37-4-204 RELATING TO MINIMUM CHARGES AND RETENTIONS ON CREDIT INSURANCE.

Referred to Committee on Labor, Commerce and Industry.

H. 4686 -- Rep. Stoddard: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAME OF WOODVILLE PRECINCT TO GREENPOND PRECINCT AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.

On motion of Rep. WILDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

H. 4700 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING JULY 1, 1998 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; TO APPROPRIATE FUNDS ALLOTTED TO THE STATE GOVERNMENT UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976 (FEDERAL); TO AMEND SECTIONS 12-21-2710, AS AMENDED, 12-21-2712, 12-21-2720, AS AMENDED, AND 12-21-2726 OF THE 1976 CODE, RELATING TO COIN-OPERATED MACHINES OR DEVICES, SO AS TO EXTEND THE PROHIBITION ON SLOT MACHINES AND OTHER MACHINES OR DEVICES PERTAINING TO GAMES OF CHANCE TO VIDEO GAMES WITH A FREE PLAY FEATURE OR ANY OTHER COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING AND PROVIDE FOR THE ENFORCEMENT OF THIS SECTION, TO EXTEND THE SEIZURE AND DESTRUCTION PROVISIONS APPLICABLE TO GAMES OF CHANCE TO THESE EXPANDED PROHIBITIONS, TO CONFORM EXISTING LICENSING REQUIREMENTS FOR COIN-OPERATED MACHINES AND DEVICES TO THESE EXPANDED PROHIBITIONS AND TO DELETE REFERENCES TO PROVISIONS OF LAW REPEALED BY THIS SECTION; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO TAX CRIMES AND PENALTIES, SO AS TO DELETE THE OFFENSE OF OPERATING AN UNMETERED VIDEO GAME WITH A FREE PLAY FEATURE; TO AMEND SECTIONS 16-19-40 AND 16-19-50, RELATING TO THE OFFENSE OF GAMBLING, SO AS TO EXTEND THESE OFFENSES SPECIFICALLY TO PLAYING OR MAINTAINING ANY LICENSED COIN-OPERATED MACHINE OR DEVICE USED FOR GAMBLING PURPOSES; TO REPEAL SECTIONS 12-21-2703, 16-19-60, AND ARTICLE 20, CHAPTER 21 OF TITLE 12, RELATING RESPECTIVELY TO THE RETAIL LICENSE REQUIREMENT FOR A LOCATION WITH VIDEO GAMES WITH A FREE PLAY FEATURE, THE EXEMPTION OF VIDEO GAMES WITH A FREE PLAY FEATURE FROM THE GAMBLING OFFENSES AND THE VIDEO GAMES MACHINES ACT; TO AMEND TITLE 59, 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 TO PERMIT STUDENTS TO TRANSFER FROM AN "F" GRADED SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE A STATE-FUNDED PROGRAM OF INCENTIVES FOR PRINCIPALS AND TEACHERS AND FOR THEIR PROFESSIONAL DEVELOPMENT; TO REPEAL CHAPTER 6 OF TITLE 59 RELATING TO MONITORING IMPLEMENTATION OF THE EDUCATION IMPROVEMENT PROGRAM; TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL ESTABLISH A PUBLIC SCHOOL ASSISTANCE FUND FOR THE PURPOSE OF PROVIDING FINANCIAL SUPPORT TO ASSIST POORLY PERFORMING SCHOOLS; BY ADDING SECTION 59-24-15 SO AS TO PROVIDE THAT SCHOOL ADMINISTRATORS MAY BE EMPLOYED ON AN ANNUAL OR MULTI-YEAR CONTRACT AND SHALL RETAIN THEIR CONTRACT STATUS AS A TEACHER BUT SHALL NOT BE GRANTED CONTRACT OR STATUS AS AN ADMINISTRATOR AND TO PROVIDE EXCEPTIONS; AND TO PROVIDE THAT IF A SCHOOL DISTRICT HAS ADOPTED A POLICY PERMITTING CORPORAL PUNISHMENT IN CERTAIN SITUATIONS, THE SCHOOL DISTRICT AND ANY EMPLOYEE THEREOF IS IMMUNE FROM ANY CIVIL OR CRIMINAL LIABILITY AS A RESULT OF A STUDENT OF THE DISTRICT BEING ADMINISTERED CORPORAL PUNISHMENT IN CONFORMITY WITH THE DISTRICT'S POLICY, ABSENT GROSS NEGLIGENCE OR RECKLESSNESS; TO AMEND SECTION 59-35-10, AS AMENDED, RELATING TO KINDERGARTEN CLASSES WITHIN EACH SCHOOL DISTRICT OF THIS STATE, SO AS TO PROVIDE THAT FULL-DAY FIVE-YEAR-OLD KINDERGARTEN MUST BE PROVIDED TO ANY ELIGIBLE CHILD WHOSE PARENTS DESIRE FOR THEM TO ATTEND THAT KINDERGARTEN PROGRAM; BY ADDING SECTION 59-123-125 SO AS TO PROVIDE FOR THE MANNER IN WHICH FUNDS APPROPRIATED TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA FOR THE "RURAL PHYSICIAN PROGRAM" SHALL BE ADMINISTERED, MANAGED, AND ALLOCATED; BY ADDING SECTION 59-123-115 SO AS TO PROVIDE FOR THE MANNER IN WHICH THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM SHALL BE AWARDED FUNDING FOR CERTAIN PROGRAMS; BY ADDING SECTION 59-117-85 SO AS TO PROVIDE THAT EMPLOYEES OF AGENCIES AND INSTITUTIONS AFFILIATED WITH THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE, WHO HOLD FACULTY APPOINTMENTS IN THE SCHOOL, MAY PARTICIPATE IN THE SCHOOL'S PRACTICE PLAN, AND TO PROVIDE THAT FUNDS GENERATED BY SUCH PARTICIPANTS SHALL BE HANDLED IN ACCORDANCE WITH UNIVERSITY POLICIES GOVERNING PRACTICE PLAN FUNDS; BY ADDING SECTION 59-113-45 SO AS TO PROVIDE THAT SOUTH CAROLINA TUITION GRANT FUNDS SHALL BE DISBURSED TO ELIGIBLE STUDENTS ON A SEMESTER-BY-SEMESTER BASIS, AND TO PROVIDE FOR THE MANNER IN WHICH INTEREST ACCRUING ON THE BALANCE OF UNDISBURSED TUITION GRANT FUNDS SHALL BE CALCULATED AND AWARDED; BY ADDING SECTION 59-101-410 SO AS TO PROVIDE THAT THE GOVERNING BOARDS OF STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS MAY LEND THEIR ENDOWMENT FUNDS AND AUXILIARY ENTERPRISE FUNDS TO SEPARATELY CHARTERED NOT-FOR-PROFIT LEGAL ENTITIES WHOSE EXISTENCE IS PRIMARILY TO PROVIDE FINANCIAL ASSISTANCE AND OTHER SUPPORT TO THE INSTITUTION AND ITS EDUCATIONAL PROGRAM, AND TO PROVIDE THE CONDITIONS UNDER WHICH THE FUNDS MAY BE LOANED; TO AMEND SECTION 59-53-53, RELATING TO BORROWING BY AREA COMMISSIONS OF TECHNICAL COLLEGES AND THE MANNER IN WHICH THESE AREA COMMISSIONS ARE AUTHORIZED TO DISPOSE OF SURPLUS REAL PROPERTY, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH SURPLUS REAL PROPERTY MAY BE DISPOSED OF BY TECHNICAL COLLEGES; TO AMEND SECTION 59-101-180, RELATING TO THE SALES AND DISPOSAL OF REAL PROPERTY BY STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE THE MANNER IN WHICH AND PROCEDURES UNDER WHICH SURPLUS REAL PROPERTY MAY BE DISPOSED OF BY THESE INSTITUTIONS; BY ADDING SECTION 1-11-59 SO AS TO PROVIDE THAT THE OFFICE OF GENERAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD SHALL PREPARE AN ANNUAL REPORT FOR THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE OF ALL REAL PROPERTY SALES, PURCHASES, EXCHANGES, DISPOSALS, ACQUISITIONS, AND OTHER TRANSFERS OF ONE HUNDRED THOUSAND DOLLARS OR MORE THAT ARE SUBMITTED BY GOVERNMENTAL BODIES TO, AND APPROVED BY, THE STATE BUDGET AND CONTROL BOARD AS PROVIDED BY LAW; TO AMEND CHAPTER 65, TITLE 2, RELATING TO THE SOUTH CAROLINA FEDERAL AND OTHER FUNDS OVERSIGHT ACT, SO AS TO DEVOLVE THE FUNCTIONS OF THE GOVERNOR UNDER THE ACT TO THE BUDGET AND CONTROL BOARD, ELIMINATE THE REQUIREMENT THAT THE STATE BUDGET AND CONTROL BOARD SHALL FOLLOW THE RECOMMENDATIONS OF THE GOVERNOR WITH RESPECT TO THE APPLICATION OF THE ACT, AND TO MAKE GRAMMATICAL AND OTHER TECHNICAL CHANGES; TO AMEND TITLE 59, BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; BY ADDING SECTION 59-119-165 SO AS TO PROVIDE THAT THE BUDGET AND CONTROL BOARD, IN CONJUNCTION WITH THE DEPARTMENT OF EDUCATION, SHALL TRANSFER ALL FEDERAL FUNDS ASSOCIATED WITH AGRICULTURAL EDUCATION AT THE DEPARTMENT OF EDUCATION TO CLEMSON-PSA (PUBLIC SERVICE ACTIVITIES) NO LATER THAN JULY FIFTEENTH OF EACH FISCAL YEAR AND TO PROVIDE FOR THE MANNER IN WHICH THESE FUNDS ARE REQUIRED TO BE USED; TO AMEND SECTION 50-9-910, RELATING TO REVENUE IN CONNECTION WITH FISH, GAME, AND WATERCRAFT, SO AS TO PROVIDE THAT ONE-HALF THE REVENUE FROM ANNUAL NONRESIDENT FISHING LICENSES BE CREDITED TO THE GAME FUND OF THE COUNTY WHERE THE REVENUE WAS COLLECTED; TO AMEND SECTIONS 8-11-92 AND 8-11-94, RELATING TO CRITERIA REQUIRED FOR STATE EMPLOYEE PAYROLL DEDUCTIONS OF CHARITABLE CONTRIBUTIONS AND THE CONFIDENTIALITY OF THE NAMES OF STATE EMPLOYEES AUTHORIZING THESE DEDUCTIONS, SO AS TO CHANGE REFERENCES FROM "SECRETARY OF STATE" TO "ATTORNEY GENERAL" TO REFLECT THE ENFORCEMENT OF THE SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT BY THE ATTORNEY GENERAL; TO AMEND SECTION 35-1-220, AS AMENDED, RELATING TO FUNDS FROM FEES AND LITIGATION SETTLEMENT ALLOWED TO BE RETAINED BY THE ATTORNEY GENERAL FOR OPERATION OF THE SECURITIES DIVISION, SO AS TO ALLOW FIVE HUNDRED THOUSAND DOLLARS OF ANNUAL FEE REVENUES TO BE RETAINED BY THE ATTORNEY GENERAL FOR THE OPERATIONS OF THE SECURITIES DIVISION; TO AMEND CHAPTER 7, TITLE 1, RELATING TO THE ATTORNEY GENERAL, BY ADDING SECTION 1-7-85 SO AS TO PROHIBIT THE USE OF CERTAIN APPROPRIATED FUNDS AND TO REQUIRE WRITTEN APPROVAL FROM THE STATE BUDGET AND CONTROL BOARD BEFORE THE ATTORNEY GENERAL MAY CONTRACT ON A CONTINGENT OR OTHER BASIS FOR LEGAL REPRESENTATION; TO AMEND SECTION 1-7-150, RELATING TO THE ACCOUNTING OF THE ATTORNEY GENERAL TO THE STATE TREASURER, SO AS TO REQUIRE THAT ALL MONIES EXCEPT CERTAIN COSTS AWARDED TO THE STATE OF SOUTH CAROLINA BY JUDGMENT OR SETTLEMENT IN ACTIONS OR CLAIMS BROUGHT BY THE ATTORNEY GENERAL ON BEHALF OF THE STATE OR ONE OF ITS AGENCIES OR DEPARTMENTS MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REMOVE THE EXEMPTION FOR DOCUMENTS OF AND DOCUMENTS INCIDENTAL TO PROPOSED CONTRACTUAL ARRANGEMENTS WHICH RELATE TO THE PROPOSED LOCATION AND CONSTRUCTION OF A CORRECTIONAL FACILITY ON THE CONDITION THAT THE REQUESTED INFORMATION IS RELEASED ONLY TO A STANDING COMMITTEE OF THE GENERAL ASSEMBLY FOR DISCUSSION IN EXECUTIVE SESSION; TO AMEND SECTION 24-25-35, RELATING TO FUNDING FOR CERTAIN EDUCATIONAL PROGRAMS OF PALMETTO UNIFIED SCHOOL DISTRICT 1 OF THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, SO AS TO REVISE SUCH FUNDING AND THE MANNER IT IS DETERMINED AND DISTRIBUTED; TO AMEND SECTION 56-3-253, RELATING TO THE ESTABLISHMENT OF BIENNIAL REGISTRATION PERIODS FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL NOT ISSUE A REFUND OF THE BIENNIAL REGISTRATION FEE TO A PERSON WHO HAS PAID THE FEE AND MOVES OUT OF THE STATE DURING THE BIENNIAL REGISTRATION PERIOD; TO AMEND SECTION 56-3-1230, AS AMENDED, RELATING TO MOTOR VEHICLE LICENSE PLATES, SO AS TO REQUIRE NEW LICENSE PLATES TO BE ISSUED AT LEAST EVERY TEN YEARS; TO AMEND SECTION 12-28-2740, AS AMENDED, RELATING TO THE DISTRIBUTION AND USE OF "C" FUND GASOLINE TAX REVENUES, SO AS TO PROVIDE THAT EARNINGS ON THE COUNTY TRANSPORTATION FUND MUST BE CREDITED TO A COUNTY'S ACCOUNT IN THE PROPORTION THAT THE COUNTY'S MOST RECENT MONTH-END CASH BALANCE IN THE FUND IS OF THE TOTAL OF SUCH MONTH-END BALANCES; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATED AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO DELETE CERTAIN PROVISIONS AND PROVIDE THAT VOLUNTARY FIREMEN OF ORGANIZED VOLUNTEER FIRE UNITS AND MEMBERS OF ORGANIZED VOLUNTEER RESCUE SQUADS ARE COVERED UNDER TITLE 42 FOR WORKERS' COMPENSATION BY THE COUNTY GOVERNING BODY UNLESS THE GOVERNING BODY OF THE COUNTY OPTS OUT OF THIS COVERAGE; TO AMEND SECTION 42-7-10, AS AMENDED, RELATING TO THE STATE ACCIDENT FUND UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW, SO AS TO PROVIDE FOR REMITTING TO THE GENERAL FUND CERTAIN INTEREST EARNED OR ACCRUING ON MONIES IN THE STATE ACCIDENT FUND AND FOR DISTRIBUTING TO LOCAL AGENCIES CERTAIN OTHER INTEREST, AND TO REQUIRE THE STATE ACCIDENT FUND AND THE STATE AUDITOR TO DETERMINE THE AMOUNTS TO BE DISTRIBUTED TO LOCAL AGENCIES AND TO DEVISE A PLAN TO IMPLEMENT THE DISTRIBUTION OF THESE MONIES ON A PRO-RATA BASIS LOCALLY; TO AMEND SECTION 58-15-2110, RELATING TO THE CONSTRUCTION AND MAINTENANCE OF GRADE CROSSINGS BY RAILROADS, SO AS TO PROVIDE FOR RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH CONSTRUCTION, MODIFICATION, OR RELOCATION OF RAIL-HIGHWAY GRADE CROSSINGS WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY RAILROADS, AND WHEN SUCH RELOCATION PROJECTS ARE INITIATED BY A PUBLIC AUTHORITY; TO AMEND SECTION 58-15-2120, AS AMENDED, RELATING TO THE DEPARTMENT OF TRANSPORTATION MAKING SPECIFICATIONS AND ENTERING INTO AGREEMENTS CONCERNING GRADE CROSSINGS OF STATE HIGHWAYS, SO AS TO ELIMINATE THE REQUIREMENT THAT THE OPERATOR OR A RAILROAD CONSTRUCTING AND MAINTAINING RAILROAD CROSSINGS TO MEET SPECIFICATIONS OF THE DEPARTMENT OF TRANSPORTATION DO SO AT ITS OWN EXPENSE; TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW NATIONAL GUARD SERVICE TO BE ESTABLISHED IN THE SAME MANNER AND SUBJECT TO THE SAME REQUIREMENTS AS THE ESTABLISHMENT OF MILITARY SERVICE; TO AMEND SECTION 9-17-10, RELATING TO THE OPTIONAL RETIREMENT PROGRAM FOR FACULTY AND ADMINISTRATION OF PUBLICLY SUPPORTED FOUR-YEAR AND POSTGRADUATE INSTITUTIONS OF HIGHER EDUCATION, SO AS TO EXTEND ELIGIBILITY FOR THIS PROGRAM TO FACULTY AND ADMINISTRATION OF TECHNICAL COLLEGES; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 11, RELATING TO THE GENERAL PROVISIONS OF THE STATE BUDGET SYSTEM, BY ADDING SECTION 11-11-150 SO AS TO ESTABLISH A TRUST FUND FOR TAX RELIEF WITHIN THE STATE TREASURY; TO AMEND SECTION 11-11-330, AS AMENDED, AND SECTION 12-37-251, AS AMENDED, BOTH RELATING TO THE STATE PROPERTY TAX RELIEF FUND, SO AS TO REPLACE IT WITH THE TRUST FUND FOR TAX RELIEF; TO AMEND SECTIONS 12-37-450, AS AMENDED, 12-37-935, AND 12-37-270, ALL RELATING TO THE APPROPRIATION OF FUNDS FOR VARIOUS TAX RELIEF PURPOSES, SO AS TO REQUIRE THAT THOSE FUNDS BE CREDITED TO THE TRUST FUND FOR TAX RELIEF; TO AMEND SECTION 12-37-280, RELATING TO REIMBURSEMENT TO LOCAL POLITICAL SUBDIVISIONS FOR HOMESTEAD EXEMPTIONS, SO AS TO FUND THOSE REIMBURSEMENTS FROM THE TRUST FUND FOR TAX RELIEF; AND TO REPEAL SECTION 6-27-45, RELATING TO HOMESTEAD EXEMPTION REIMBURSEMENT.

Without reference.

S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.

Referred to Committee on Medical, Military, Public and Municipal Affairs.

S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.

Referred to Committee on Education and Public Works.

S. 1037 -- Senator Alexander: A BILL TO AMEND SECTION 7-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN OCONEE COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED, AND PROVIDE THAT THE POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR OCONEE COUNTY.

On motion of Rep. SANDIFER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.

The following was introduced:

H. 4687 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, 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, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO OFFER BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE BELOVED MRS. CORRIE BELL MISSOURI OF RICHLAND COUNTY ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY CELEBRATION.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The roll call of the House of Representatives was taken resulting as follows.

Allison                Altman                 Barfield
Barrett                Battle                 Bauer
Baxley                 Beck                   Boan
Bowers                 Breeland               Brown, H.
Brown, J.              Campsen                Carnell
Cato                   Cave                   Chellis
Clyburn                Cobb-Hunter            Cooper
Cotty                  Cromer                 Dantzler
Davenport              Delleney               Edge
Fleming                Gamble                 Gourdine
Hamilton               Harrell                Harris
Harrison               Harvin                 Haskins
Hawkins                Hines, J.              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               Miller                 Moody-Lawrence
Mullen                 Neal                   Neilson
Phillips               Rhoad                  Rice
Riser                  Robinson               Rodgers
Sandifer               Scott                  Seithel
Sharpe                 Simrill                Smith, D.
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, February 24.

Robert J. Sheheen                 Michael E. Easterday
John G. Felder                    Fletcher Nathaniel Smith, Jr.
Richard M. Quinn, Jr.             Jerry N. Govan, Jr.
Alma W. Byrd                      Clementa C. Pinckney
Grady A. Brown                    Becky Meacham
Harry R. Askins                   Theodore A. Brown
Jackson S. Whipper                Ralph W. Canty
James S. Klauber

Announcement was made that Dr. Terry Dodge of Rock Hill is the Doctor of the Day for the General Assembly.

In accordance with House Rule 5.2 below:

"5.2     Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."

BILL NUMBER: H. 3150

DATE         ADD

2/24/98         J. Michael Baxley

BILL NUMBER: H. 3842

DATE         ADD

2/24/98         George Campsen II

BILL NUMBER: H. 4484

DATE         ADD

2/24/98         John David Hawkins

Rep. DAVENPORT moved to adjourn debate upon the following Bill until Wednesday, February 25, which was adopted.

H. 3013 -- Reps. Kirsh, Meacham, Lloyd and Beck: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER FROM TAKING THE CONTINUING EDUCATION COURSES.

The following Bill was taken up.

H. 4445 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.

The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5262AC.98), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION     __.     Section 20-7-764(B) of the 1976 Code, as last amended by Act 450 of 1996, is amended to read:

"(B)     The placement plan shall include, but is not limited to:

(1)     the specific reasons for removal of the child from the custody of the parent or guardian, and the changes that must be made before the child may be returned, including:

(a)     the nature of the harm or threatened harm that necessitated removal, a description of the problems or conditions in the home that caused the harm or threatened harm, and the reason why the child could not be protected without removal.

(b)     the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that necessitated removal, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished. The objectives stated in this part of the plan must relate to problems and circumstances serious enough to justify removal. The plan must be oriented to correcting these problems and circumstances in the shortest possible time in order to expedite the child's return to the home.

(c)     specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions.

(2)     other conditions in the home that warrant state intervention, but would not alone have been sufficient to warrant removal, and the changes that must be made in order to terminate intervention, including:

(a)     the nature of the harm or threatened harm that justifies state intervention and a description of the problems or conditions of the home that caused the harm or threatened harm.

(b)     the nature of the changes in the home and family situation that must be made in order to correct the problems and conditions that caused the harm or threatened harm, time frames for accomplishing these objectives, and means for measuring whether the objectives have been accomplished.

(c)     specific actions to be taken by the parents or guardian of the child to accomplish the objectives identified in subitem (b) and time frames for taking these actions.

(3)     the social and other services to be provided or made available to the parents, guardian, or other relevant adult to assist the parents or guardian in accomplishing the objectives, including a specific finding as to the minimum number and frequency of contacts a caseworker with the department must have with the child while in foster care. For a child placed in foster care within this State, the caseworker must meet with the child, at a minimum, once a month, but based upon the particular needs and circumstances of the individual child, more frequent contacts may be ordered by the court.

(4)     the financial responsibilities and obligations, if any, of the parents or guardian for the support of the child during the placement.

(5)     the visitation rights and obligations of the parents, guardian, siblings, or other relatives of the child during the placement. The plan must include a determination of whether it is in the child's best interest for the parents, guardian, or any other person to know of the nature and location of the child's placement and shall provide for as much contact as is reasonably possible and consistent with the best interests of the child between the child and the child's parents, guardian, siblings, and other appropriate relatives with whom the child has a close relationship including visitation and participation of the parents or guardian in the care of the child while the child is in placement.

(6)     the nature and location of the placement for the child unless disclosure of the location of the placement would be contrary to the best interest of the child. The department must consider evidence of sexual abuse, or physical abuse, or substance abuse by an adult living in the child's home, or criminal domestic violence in the child's home in making their determination whether disclosure of the location of the placement is in the best interest of the child. When disclosure of the location of the placement is determined to be contrary to the best interest of the child, disclosure shall not be made to the abusing party, or to any other member of the abusing party's household. The placement must be as close to the child's home as is reasonably possible, unless placement at a greater distance is necessary to promote the child's well-being. In the absence of good cause to the contrary, preference must be given to placement with a relative or other person who is known to the child and has a constructive and caring relationship with the child.

(7)     the social and other supportive services to be provided to the child and the foster parents including counseling or other services to assist the child in dealing with the effects of separation from the child's home and family.

(8)     if the parents or guardian were not involved in the development of the plan, the nature of the agency's efforts to secure parental participation.

(9)     notice to the parents or guardians that failure to substantially accomplish the objectives stated in the plan within the time frames provided may result in termination of parental rights, subject to notice and a hearing as provided in Subarticle 3, Article 11."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. COTTY explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

Rep. COTTY moved to adjourn debate upon the following Bill until Wednesday, February 25, which was adopted.

H. 4468 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE REPORTER BELIEVES TO BE THE PERPETRATOR OF THE ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING CHILD ABUSE OR NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO THE PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO MAKE THE AGE REQUIREMENTS AND INITIATION PROCEDURES FOR A JUDICIAL STATUS REVIEW INTERNALLY CONSISTENT WITHIN THE SECTION; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR TERMINATION, CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS, DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE, AND TO AUTHORIZE THE BOARD TO REQUEST AN EMERGENCY HEARING IF THE BOARD CONCLUDES THAT THE SAFETY OF A CHILD IS IN IMMINENT DANGER; TO AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THESE GROUNDS; TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE EVALUATION REQUIRED TO BE CONDUCTED IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT SYSTEM.

The following Bill was taken up.

H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings, Whipper and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7194AC.98), which was adopted.

Amend the bill, as and if amended, by deleting SECTION 2 of the bill and inserting:

/"SECTION     2.     The Department of Health and Environmental Control shall conduct a study and report to the General Assembly on the cost to develop and implement a pregnancy and sexually transmitted disease prevention education program for males. This report must be submitted to the General Assembly on or before January 1, 1999.

SECTION     3.     This act takes effect upon approval by the Governor."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. CAVE explained the amendment.

The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

H. 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.

Rep. CAVE explained the Bill.

Rep. LOFTIS moved to adjourn debate upon the Bill until Wednesday, February 25, which was adopted.

The following Bill was taken up, read the second time, and ordered to a third reading:

H. 4543 -- Rep. Gamble: A BILL TO AMEND SECTION 34-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM AMOUNTS OF BANK LOANS, SO AS TO CONFORM THE AMOUNTS TO FEDERAL LAW BY SETTING THE MAXIMUMS AS PERCENTAGES OF THE BANK'S UNIMPAIRED CAPITAL AND BY DEFINING "UNIMPAIRED CAPITAL".

Rep. GAMBLE explained the Bill.

The following Bill was taken up.

H. 4113 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT IN SOUTH CAROLINA SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SUPPLEMENT, OTHER COMPENSATION, OR VALUABLE CONSIDERATION FROM ANY NONGOVERNMENTAL SOURCE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL TAKE EFFECT MAY 1, 1997.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21205SD.98).

Amend the bill, as and if amended, by striking Section 59-24-45 of the 1976 Code, as contained in SECTION 1, and inserting:

/Section 59-24-45.     A school district superintendent in South Carolina shall not receive directly or indirectly for the performance or continuation of his duties a salary supplement, salary compensation, or valuable consideration exceeding two hundred dollars or more from any nongovernmental source, nor may the same be offered.

Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than five thousand dollars or imprisoned for not more than one year, or both./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WALKER explained the amendment.

Rep. J. BROWN moved to adjourn debate upon the Bill until Wednesday, February 25, which was adopted.

The following Bill was taken up.

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.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1664CM.98), which was adopted.

Amend the bill, as and if amended, Section 56-3-8000(A) as contained in SECTION 1, page 2, line 11, by deleting /after January 1, 1998/

Amend the bill further, Section 56-3-8000(B), as contained in SECTION 1, Line 17, page 2, by deleting /three/ and inserting /four/

When amended, Section 56-3-8000 shall read:

/"Section 56-3-8000.     (A)     Before the Department of Public Safety produces and distributes a special license plate created by the General Assembly it must receive:

(1)     four hundred prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate; and

(2)     a plan to market the sale of the special license plate which must be approved by the department.

(B)     If the department receives less than four hundred biennial applications and renewals for a particular special license plate, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."

Renumber sections to conform.

Amend title to conform.

Rep. STUART explained the amendment.

The amendment was then adopted.

Rep. STUART explained the Bill.

The Bill, as amended, was read the second time and ordered to third reading.

The following Bill was taken up.

H. 3150 -- Reps. Haskins, Robinson, Knotts, Scott and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-616 AND 56-5-617 SO AS TO DEFINE THE HIGHWAYS ENCOMPASSING THE INTERSTATE HIGHWAY SYSTEM AND THE STATE HIGHWAY PRIMARY SYSTEM; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO REVISE THE SPEED LIMITS ALONG THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-1535, AS AMENDED, RELATING TO SPEEDING IN WORK ZONES, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED IN A WORK ZONE AND TO PROVIDE THAT THE PENALTY CONTAINED ON SIGNS POSTED IN A WORK ZONE ARE IN ADDITION TO OTHER PENALTIES FOR SPEEDING; TO AMEND SECTION 56-5-1540, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO REVISE THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT; TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15447CM.98).

Amend the bill, as and if amended, Section 56-5-1520, as contained in SECTION 3, Page 3150-2, beginning on line 9, by striking Section 56-5-1520 and inserting:

/"Section 56-5-1520.     (a)     General rule. No(A)     A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event Speed must be so controlled as may be necessary to avoid colliding with any a person, vehicle, or other conveyance on or entering the highway in compliance with legal requirements and the duty of all persons a person to use care.

(b)     Maximum speed limits.(B) Except when a special hazard exists that requires lower speed for compliance with paragraph (a) of this section subsection (A), the limits specified in this section or established as hereinafter authorized are maximum lawful speeds, and no a person shall not drive a vehicle on a highway at a speed in excess of these maximum limits:

(1)     thirty miles an hour in any urban district; seventy miles an hour on the interstate highway system and other freeways where official signs giving notice of this speed limit are posted;

(2)     sixty miles an hour on multilane divided primary highways where official signs giving notice of this speed limit are posted; and

(3)     fifty-five miles an hour in other locations or on other sections of highways except where speeds above fifty-five miles an hour are otherwise provided by Section 56-5-1510.

(C)     Notwithstanding another provision of law, manufactured modular or mobile homes must not be transported at a speed in excess of ten miles below the posted speed limit and never in excess of fifty-five miles an hour.

(D)     Thirty miles an hour is the maximum speed in an urban district and unpaved roads are limited to the speed of forty-five miles an hour. 'Urban district' means the territory contiguous to and including any street which is built up with structures devoted to business, industry, or dwelling houses situated at intervals of less than one hundred feet for a distance of a quarter of a mile or more.

(E)     A local authority on the basis of an engineering and traffic investigation may determine that the maximum speed limit permitted under this article is less than thirty miles an hour in an urban district. If this determination is made, the maximum speed limit for the urban district is enforceable by all law enforcement officers authorized to enforce the traffic laws in the urban district. However, this subsection does not apply to highways within the state highway system contained in Section 56-5-1530.

(F)     The maximum speed limits set forth in this section may be altered as authorized in pursuant to Sections 56-5-1530 and 56-5-1540.

(c)     When lower speeds required; penalties; citation for violating speed limits.

(G)     The driver of every a vehicle shall drive, consistent with the requirements of paragraph (a) subsection (A), drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, approaching a hillcrest, when traveling upon any narrow bridge, narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.

(d)     Any(H)     A person violating the speed limits established by this section is guilty of a misdemeanor and, upon conviction for a first offense, must be fined or imprisoned as follows:

(1)     in excess of the above posted limit but not in excess of ten miles an hour by a fine of not less than fifteen dollars nor more than twenty-five dollars;

(2)     in excess of ten miles an hour but less than fifteen miles an hour above the posted limit by a fine of not less than twenty-five dollars nor more than fifty dollars;

(3)     in excess of fifteen miles an hour but less than twenty-five miles an hour above the posted limit by a fine of not less than fifty dollars nor more than seventy-five dollars; and

(4)     in excess of twenty-five miles an hour above the posted limit by a fine of not less than seventy-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.

(e)(I)     Any A citation for violating the speed limits issued by any authorized officer must note on it the rate of speed for which the citation is issued.

(f)(J)     In expending the funds credited to the state general fund from fines generated under subsection (d) (F), the department first shall consider the need for additional highway patrolmen."/

Amend the bill further, Section 56-5-1535(C)(1) as contained in SECTION 4, Page 3150-4, line 4, by striking /and/ and inserting /or/ and by inserting /, or both/ after /days/.

Renumber sections to conform.

Amend title to conform.

Rep. TOWNSEND explained the amendment.

Reps. WALKER, STUART, KENNEDY, LITTLEJOHN, LEACH, LOFTIS, McMAHAND, R. SMITH, MASON, BECK, BARRETT, SANDIFER, MOODY-LAWRENCE, TOWNSEND and SCOTT requested debate on the Bill.

Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, February 25, which was adopted.

H. 4569 -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.

The Senate amendments to the following Bill were taken up for consideration.

H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: A BILL TO AMEND SECTION 1-23-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLERK AND OTHER STAFF OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE THAT EACH ADMINISTRATIVE LAW JUDGE MAY APPOINT, HIRE, CONTRACT, AND SUPERVISE THE SUPPORT STAFF HE IS INDIVIDUALLY ALLOTTED; AND TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO FURTHER PROVIDE FOR THE PROMULGATION OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE DIVISION.

Reps. D. SMITH and HARRISON proposed the following Amendment No. 1A (Doc Name P:\AMEND\GJK\21231DC.98), which was adopted.

Amend the bill, as and if amended, by striking SECTION 3, beginning on line 40, page 2, and inserting:

/SECTION     3.     Section 1-23-570 of the 1976 Code, as added by Act No. 181 of 1993, is amended to read:

"Section 1-23-570.     The Chief Judge of the Administrative Law Judge Division is responsible for the administration of the division, including budgetary matters, assignment of cases, and the administrative duties and responsibilities of the support staff. The chief judge shall assign judges of the division to hear contested all cases of the various state departments and commissions for which it is responsible on a general rotation and interchange basis by scheduling and assigning administrative law judges based upon subject matter no less frequently than every six months."/

Renumber sections to conform.

Amend totals and title to conform.

Rep. YOUNG 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.

Rep. TROTTER moved that the House do now adjourn, which was adopted.

The Senate returned to the House with concurrence the following:

H. 4562 -- Rep. Sharpe: A CONCURRENT RESOLUTION DESIGNATING FEBRUARY, 1998, AS "PREVENT A LITTER MONTH" AND TUESDAY, FEBRUARY 24, 1998, AS "SPAY DAY USA 1998" IN SOUTH CAROLINA.

H. 4628 -- Reps. Meacham, Simrill, Moody-Lawrence, McCraw, Delleney and Kirsh: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1998, "YORK COUNTY DAY".

At 1:00 P.M. the House in accordance with the motion of Rep. D. SMITH adjourned in memory of former Governor Donald S. Russell of Spartanburg and father of Senator John R. Russell, to meet at 10:00 A.M. tomorrow.

This web page was last updated on Monday, June 29, 2009 at 10:32 A.M.