Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, able to do for us exceeding abundantly more than we can ask or hope, You know the questions that frequently haunt us, the longings for which we yearn, and the problems for which we have no satisfactory answer. Grant us Your help according to our individual needs. Cleanse us of all that is sinful and unworthy, and inspire us to reach out to loftier fields of endeavor. Open wide our minds inspired by Your teachings as we struggle to perform faithfully and well our daily tasks.
Grant us faith that rises above frustration, patience that bears the strain of waiting, good will that cannot be discouraged, and forgiveness that knows no measure.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ROBINSON moved that when the House adjourns, it adjourn in memory of Lillian Ruth Anderson White of Easley, which was agreed to.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.
February 3, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the Council of Chambers of York County I would like to extend an invitation to the members of the House of Representatives to the eleventh annual York County Day Legislative Reception on March 10, 1998.
The reception will be held at the Capital City Club in the Affinity Building from 6:00-8:00 P.M. We would be extremely honored by the attendance of all the members of the South Carolina House of Representatives. Thank you for your time and consideration.
Sincerely,
Anne-Marie Jones
Director of Community and Government Affairs
May 22, 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 Association of Realtors, an invitation is extended to the House of Representatives to attend a Luncheon Reception at our annual Capitol Conference. We would like to request that Wednesday, March 11, 1998, be reserved on the House Calendar for this event at the Capital City Club.
The Conference is sponsored by the South Carolina Association of Realtors and the S.C. Realtors Political Action Committee. As mentioned above, the Luncheon Reception will be on Wednesday, March 11, 1998. It will be held from 12:45 P.M. to 2:30 P.M. Realtors from across the State will attend Capitol Conference 1998 to meet their legislators, learn more about the political process, and visit the State House and General Assembly. The reception will be an excellent opportunity for House Members to meet their Realtor constituents.
We would be honored if the House Members would join us March 11, 1998. Should you have questions concerning this matter, please contact the State Office at (803)772-5206. We look forward to hearing from you.
Sincerely,
Bill Cantey, CCIM, CRE
President
February 19, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
This is a formal request to invite the members of the South Carolina House of Representatives to attend a special day with members of the South Carolina State University family for a reception at Seawell's located at the S.C. State Fairgrounds on Wednesday, March 11 from 6:00-10:00 P.M.
Thank you for your cooperation with this matter.
Sincerely,
Leroy Davis, President
February 4, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Officers and Board of Directors of the South Carolina Horsemen's Council cordially invite the Members of the South Carolina Senate and the Members of the South Carolina House of Representatives to attend a Legislative Reception on March 17, 1998. The reception will be held at the Lace House, 800 Richland Street, Governor's Mansion Complex, from 6:00 P.M. until 8:00 P.M.
We look forward to being with you on March 17th, and with kindest regards, I am
Yours very truly,
Bobby R. Anderson, President
February 6, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Electric Cooperatives of South Carolina cordially invite all members of the House of Representatives to attend our Co-op Day luncheon at the Carolina Coliseum beginning at 12:30 P.M. on Wednesday, March 18, 1998.
We appreciate Colette's assistance in reserving this date.
Attached is a copy of the host questionnaire submitted to the Invitations Committee on January 13, 1998.
If you have any questions or need additional information, please advise.
Sincerely,
Fred A. Cole
President and Chief Executive Officer
May 5, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
I am writing to request that the South Carolina Chapter of the National Association of Social Workers' Annual Legislative Reception be placed on the House of Representatives Calendar. The reception is scheduled for Wednesday, March 18, 1998, from 6:30-9:00 P.M. at the Sheraton Hotel and Conference Center located at 2100 Bush River Road.
We are looking forward to hearing from you.
Sincerely,
Marvin M. Bryant, ACSW, LMSW
February 3, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina AFL-CIO would like to invite the members and staff of the House to a reception on Tuesday, March 24, 1998, from 6:00 to 8:00 P.M.
The reception will be held at The Stadium Center, 100 Key Road, Columbia, S.C.
Thank you and we look forward to hearing from you.
Sincerely,
Carolyn Ladd
Secretary-Treasurer
December 18, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
For thirty-eight years now a group of men from the Columbia area have sponsored the South Carolina State Prayer Breakfast. The purpose of this breakfast is to meet and pray for state and national leaders. This year it will be held March 25, 1998, at 7:45 A.M. at the Embassy Suites Hotel in Columbia.
We respectfully request that this event be placed on the Calendar for the House of Representatives. Each Representative will receive a personal invitation at a later date.
Your cooperation with and participation in this event is much appreciated.
Sincerely,
C. Tommy Young, Chairman
South Carolina Prayer Breakfast Committee
December 2, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the members of the South Carolina Summary Court Judges Association, it is my pleasure to cordially invite all members of the South Carolina House of Representatives and its Officers to a reception honoring the members of the South Carolina General Assembly's One Hundred and Fourteenth Session. The pleasure of their company is requested at Seawell's Restaurant, inside the South Carolina State Fairgrounds, in Columbia, South Carolina on March 25th, 1998, commencing at six o'clock P.M.
Sincerely,
William P. Steele, Jr., President
November 5, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Young Bankers Division of the South Carolina Bankers Association is hosting its annual Legislative Oyster Roast on March 31, 1998, at 6:00 P.M. at the Woman's Club, 1703 Blossom 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 Anne Gillespie at the Association office.
Thank you for your assistance.
Sincerely yours,
D. Pruitt Martin, Chairman
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
S. 835 -- Senators Peeler and Reese: A BILL TO REPEAL SECTION 50-1-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR REPORTING OF HUNTING ACCIDENTS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
S. 972 -- Senators Bryan, Russell, Reese, Courtney, Lander, Peeler and Short: A BILL TO AMEND CHAPTER 13, TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 SO AS TO CREATE THE ENOREE RIVER GREENWAY COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, with amendments, on:
H. 4594 -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: A BILL TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF BREAM ON THE EDISTO RIVER ON CERTAIN SET HOOKS.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report, on:
H. 4039 -- Rep. Sharpe: A BILL TO AMEND SECTION 49-29-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCENIC RIVERS TRUST FUND, SO AS TO EXTEND THE AUTHORIZED USE OF THESE TRUST FUNDS TO EDUCATIONAL OR PLANNING PROJECTS ASSOCIATED WITH THE ADMINISTRATION AND MANAGEMENT OF THE STATE SCENIC RIVERS PROGRAM.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4589 -- Reps. Klauber, Hawkins, Cato and Gamble: A BILL TO AMEND SECTION 12-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SETOFF DEBT COLLECTION ACT, SO AS TO EXTEND THE DEFINITION OF "POLITICAL SUBDIVISION" TO INCLUDE THE SOUTH CAROLINA ASSOCIATION OF HOUSING AUTHORITY EXECUTIVE DIRECTORS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4486 -- Reps. Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; AND TO AMEND SECTION 16-25-50 RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3758 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO, AMONG OTHER THINGS, PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4438 -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4507 -- Rep. Davenport: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CONTRACTORS AS A PROFESSION, BY ADDING SECTION 40-11-165 SO AS TO REQUIRE A PERSON WHO IS OR HAS BEEN LICENSED UNDER CHAPTER 40 WHO LEAVES SOUTH CAROLINA WITH UNPAID DEBTS AND SUBSEQUENTLY RETURNS TO THE STATE SEEKING TO BECOME LICENSED IN THIS STATE AGAIN OR TO DO BUSINESS AGAIN IN SOUTH CAROLINA UNDER THE AUTHORITY OF A STILL-VALID LICENSE TO FILE A STATEMENT LISTING CERTAIN OUTSTANDING DEBTS AND BANKRUPTCIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4688 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, 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, 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 TO FIX 12:00 NOON ON WEDNESDAY, MARCH 11, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997; AND TO ELECT A SUCCESSOR TO A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRED AUGUST 31, 1997.
Whereas, the elections for certain judicial offices were originally scheduled to be filled by the General Assembly on June 17, 1997; and
Whereas, since that time several additional judicial offices have been created which need to be filled; and
Whereas, now the terms for many other judicial offices are expiring this year and need to be filled. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, March 11, 1998, at 12:00 noon to elect a successor to the Honorable James E. Moore, Associate Justice of the Supreme Court, whose term expires July 31, 1998; to elect a successor to the Honorable Ralph K. Anderson, Jr., Judge of the Court of Appeals, Seat 9, whose term expires June 30, 1998; to fill the office of Judge of the First Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Rodney A. Peeples, Judge of the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas W. Cooper, Jr., Judge of the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Paul M. Burch, Judge of the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Don S. Rushing, Judge of the Sixth Judicial Circuit, whose term expires June 30, 1998; to elect a successor to the Honorable Tom J. Ervin, Judge of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Henry F. Floyd, Judge of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Thirteenth Judicial Circuit, Seat 4, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Sidney T. Floyd, Judge of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable John C. Hayes III, Judge of the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Sixteenth Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Alvin C. Biggs, Judge of the Family Court for the First Judicial Circuit, Seat 2, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the First Judicial Circuit, Seat 3, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Peter R. Nuessle, Judge of the Family Court for the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Ruben L. Gray, Judge of the Family Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Roger E. Henderson, Judge of the Family Court for the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable H. Bruce Williams, Judge of the Family Court for the Fifth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Donna S. Strom, Judge of the Family Court for the Fifth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas E. Foster, Judge of the Family Court for the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 2001; to elect a successor to the Honorable Stuart H. Hall, Judge of the Family Court for the Seventh Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable John M. Rucker, Judge of the Family Court for the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable William K. Charles, Jr., Judge of the Family Court for the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable F.P. Segars-Andrews, Judge of the Family Court for the Ninth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Judy Cone Bridges, Judge of the Family Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Ninth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Franklin McClain, Judge of the Family Court for the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Robert H. Cureton, Judge of the Family Court for the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable W. Frank Rogers, Jr., Judge of the Family Court for the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Wylie H. Caldwell, Jr., Judge of the Family Court for the Twelfth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Amy C. Sutherland, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Alvin D. Johnson, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Thirteenth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Jane Dowling Fender, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable Donald A. Fanning, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable Lisa A. Kinon, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable John S. Flynn, Judge of the Family Court for the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; and to elect a successor to the Honorable Ray N. Stevens, Judge of the Administrative Law Division, Seat 5, whose term expires June 30, 1998.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that immediately following the elections for the judicial offices, the House of Representatives and the Senate shall meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, March 11, 1998, to elect a successor to The Honorable Dill Blackwell, Chairman of the Legislative Audit Council, whose term expired on May 10, 1997.
Be it further resolved that immediately following the election for the Legislative Audit Council, the House of Representatives and the Senate meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, March 11, 1998, to elect a successor to a member of the South Carolina Consumer Affairs Commission for Seat 1, so as to fill the term which expired August 31, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1056 -- Senator Courson: A CONCURRENT RESOLUTION TO CONGRATULATE MR. E. PERRY PALMER FOR HIS DISTINGUISHED PUBLIC SERVICE TO THE STATE OF SOUTH CAROLINA ON THE OCCASION OF RECEIVING THE "HUMANITARIAN OF THE YEAR" AWARD ON JANUARY 14, 1998.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1057 -- Senators Peeler and Leventis: A CONCURRENT RESOLUTION TO OFFER THE SINCERE CONDOLENCES OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MRS. HARRIET BARTELL RYAN OF SUMTER COUNTY AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4689 -- Reps. Sharpe, Davenport, McLeod and Limehouse: A BILL TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80 RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4690 -- Reps. Sharpe, Davenport and McLeod: A BILL TO AMEND TITLE 40, CHAPTER 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ORGANIZATIONAL FRAMEWORK 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 ENVIRONMENTAL SYSTEMS OPERATORS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4691 -- Reps. Sharpe, Rhoad, Spearman, Limehouse, Davenport, Witherspoon, Littlejohn and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 47 SO AS TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998, INCLUDING PROVISIONS AND DEFINITIONS RELATING TO ADMINISTRATION OF THE ACT BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE DIRECTOR, DIVISION OF LIVESTOCK-POULTRY HEALTH PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING RENDERING OPERATIONS, AND PROVIDING PROVISIONS FOR PERMITS, INSPECTIONS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4692 -- Reps. Sharpe, Davenport, Limehouse and Leach: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGRICULTURE, BY ADDING CHAPTER 53 SO AS TO ENACT THE "FARM AND FOREST LANDS PROTECTION ACT" WHICH ESTABLISHES STATE AND COUNTY PRIORITY AGRICULTURAL LAND BOARDS, WHICH PROVIDES FOR THEIR POWERS AND DUTIES, WHICH ESTABLISHES CRITERIA AND PROCEDURES FOR CREATING PRIORITY AGRICULTURAL LAND AREAS AND FOR THE PURCHASE OF AGRICULTURAL CONSERVATION EASEMENTS FOR LAND WITHIN THE PRIORITY AREA, WHICH CREATES THE PRIORITY AGRICULTURAL LAND TRUST FUND TO DISBURSE FUNDS FOR THE PURCHASE OF CONSERVATION EASEMENTS, WHICH REQUIRES THE PERIODIC REVIEW OF ALL PRIORITY AGRICULTURAL LAND AREAS, AND WHICH RESTRICTS SOME LOCAL GOVERNMENT ACTIONS WITH REGARD TO PRIORITY AREAS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4693 -- Reps. Sharpe, Davenport, Littlejohn, McLeod and Limehouse: A BILL TO AMEND TITLE 48, CHAPTER 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENVIRONMENTAL PROTECTION FUND, BY ADDING ARTICLE 3 SO AS TO ENACT THE ENVIRONMENTAL EMERGENCY FUND ACT WHICH CREATES THE "ENVIRONMENTAL EMERGENCY FUND", DEFINES "ENVIRONMENTAL EMERGENCIES", REQUIRES THAT ALL FINES AND PENALTIES COLLECTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, NOT OTHERWISE DESIGNATED, TO BE CREDITED TO THE FUND, ESTABLISHES A ONE HUNDRED THOUSAND DOLLAR CAP FOR THE FUND, AND PROVIDES FOR USE OF THESE FUNDS; TO DESIGNATE SECTIONS 48-2-10 THROUGH 48-2-90 AS ARTICLE 1, CHAPTER 2, TITLE 48 ENTITLED "ENVIRONMENTAL PROTECTION FUND"; TO RENAME TITLE 48, CHAPTER 2 AS "ENVIRONMENTAL PROTECTION FUNDS".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4694 -- Reps. Neilson, Bailey, Barfield, Baxley, Bowers, Byrd, Cave, Clyburn, Cobb-Hunter, J. Hines, M. Hines, Howard, Inabinett, Jennings, Martin, McCraw, McLeod, Moody-Lawrence, Neal, Phillips, Scott, J. Smith, R. Smith and Stoddard: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
Referred to Committee on Ways and Means.
H. 4695 -- Reps. Limehouse, Campsen, Altman, H. Brown, Breeland, Whatley, Mack, Seithel and Whipper: A BILL TO AMEND ARTICLE 3, CHAPTER 37, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT OF PROPERTY TAXES, BY ADDING SECTION 12-37-224 SO AS TO PROVIDE THAT THE FAIR MARKET VALUE OF OWNER OCCUPIED RESIDENTIAL PROPERTY MAY NOT INCREASE MORE THAN THE VALUE OF PERMANENT IMPROVEMENTS AND THE PERCENTAGE INCREASE IN THE ASSESSED VALUE OF ALL TAXABLE PROPERTIES IN THE COUNTY IN THE YEAR IMMEDIATELY PRECEDING A COUNTYWIDE REASSESSMENT AND THE YEAR OF A COUNTYWIDE REASSESSMENT, SO LONG AS THE PROPERTY REMAINS OCCUPIED BY THE SAME OWNER OR BY HIS SPOUSE; AND TO PROVIDE THAT THE COUNTY ASSESSOR SET THE FAIR MARKET VALUE WHEN THE PROPERTY IS TRANSFERRED.
Referred to Committee on Ways and Means.
H. 4696 -- Reps. Altman and McCraw: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
Referred to Committee on Judiciary.
H. 4697 -- Reps. McAbee, Bowers, Tripp, Barfield, Clyburn and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1630 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL OFFER FOR SALE COUPONS THAT ALLOW A PERSON STOPPED FOR SPEEDING UNDER CERTAIN CIRCUMSTANCES TO PRESENT TO A LAW ENFORCEMENT OFFICER IN LIEU OF RECEIVING A SPEEDING TICKET AND TO PROVIDE FOR THE DISTRIBUTION OF MONEY COLLECTED FROM THE SALE OF THE COUPONS.
Referred to Committee on Judiciary.
H. 4698 -- Reps. Stuart, Seithel, Neilson, Haskins, Rodgers, Inabinett, Simrill, Miller, Moody-Lawrence, Gamble, J. Hines, McCraw, Phillips, Davenport, Cave, Kirsh, Battle, Harvin and Cromer: A BILL TO AMEND CHAPTER 15 OF TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRIZES AND GIFTS ACT, SO AS TO DEFINE "RETAIL VALUE" AND "SPONSOR"; TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND REQUIREMENTS FOR WHICH PRIZES AND CONTESTS MAY BE REPRESENTED, PROMOTED, AND AWARDED; TO PROHIBIT CERTAIN ACTS IN CONNECTION WITH THE AWARDING OR REPRESENTATION OF PRIZES; TO PROVIDE THAT ANY PERSON SUFFERING A PECUNIARY LOSS BECAUSE OF AN INTENTIONAL VIOLATION OF THIS ACT MAY RECOVER THE GREATER OF FIVE HUNDRED DOLLARS OR TWICE THE AMOUNT OF THE PECUNIARY LOSS; TO FURTHER PROVIDE FOR THE TERMS AND CONDITIONS OF THE EXEMPTION OF CERTAIN SELLERS, INCLUDING CATALOG SELLERS, FROM SPECIFIED PROVISIONS OF THIS ACT; AND TO PROVIDE THAT ANY WILFUL FAILURE OF A SELLER CLAIMING EXEMPTION UNDER THIS ACT TO COMPLY WITH ALL OF THE TERMS OF THE EXEMPTION SHALL RENDER A CLAIM OF EXEMPTION VOID; AND TO AMEND SECTION 37-1-203, RELATING TO JURISDICTION OVER CREDITORS AND SERVICE OF PROCESS, SO AS TO ALSO MAKE THIS SECTION APPLICABLE TO PERSONS OTHER THAN CREDITORS WHOSE CONDUCT IS GOVERNED BY THE PROVISIONS OF TITLE 37.
Referred to Committee on Labor, Commerce and Industry.
H. 4699 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO NONGAME AND ENDANGERED SPECIES: RED-COCKADED WOODPECKERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2251, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4701 -- Ways and Means Committee: A BILL TO MAKE SUPPLEMENTAL APPROPRIATIONS OF SURPLUS GENERAL FUND REVENUES AND TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-1770 SO AS TO ESTABLISH WITHIN THE ADVISORY COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT OF THE DEPARTMENT OF COMMERCE A DOWNTOWN REDEVELOPMENT GRANT PROGRAM FOR THE PURPOSE OF REVITALIZING AND ENHANCING THE VIABILITY OF DOWNTOWN AREAS THROUGH PARTNERSHIPS OF MUNICIPAL GOVERNMENT, COUNTY GOVERNMENT, AND PRIVATE INVESTORS AND TO PROVIDE MINIMUM CRITERIA FOR AWARDING THIS GRANT.
Without reference.
H. 4702 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1997-98.
Without reference.
S. 1054 -- Senator Grooms: A JOINT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION ERECT SIGNS AT LOCATIONS ALONG HIGHWAYS LEADING INTO THE CITY OF WALTERBORO READING "CITY OF CHAMPIONS, HOME OF WALTERBORO HIGH SCHOOL: 1997 AAAA FOOTBALL CHAMPIONS AND 1997 AAAA BAND CHAMPIONS."
Referred to Committee on Education and Public Works.
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. Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harris Harrison Harvin Haskins Hawkins Hines, J. Hinson Howard Inabinett Jordan Kelley Kinon Klauber Knotts Lanford Law Leach Lee Limehouse Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 25.
William Clyburn Richard M. Quinn, Jr. John G. Felder Gilda Cobb-Hunter Alma W. Byrd Robert W. Harrell, Jr. Kenneth Kennedy Larry L. Koon Victoria T. Mullen Douglas Jennings, Jr. Ralph W. Canty Clementa C. Pinckney Lanny F. Littlejohn Joseph H. Neal James Emerson Smith, Jr. Lewis R. Vaughn Thomas G. Keegan Timothy C. Wilkes Herbert Kirsh Mack T. Hines
LEAVE OF ABSENCE
The SPEAKER granted Rep. CAVE a leave of absence for the day.
Rep. BAILEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, February 24.
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
February 25, 1998 Robert W. Leach
February 25, 1998 Dwight A. Loftis
BILL NUMBER: H. 4381
DATE ADD
February 25, 1998 J.M. Knotts, Jr.
Rep. H. BROWN moved that H. 4700, the General Appropriation Bill, be set for Special Order on Monday, March 2, 1998, immediately after the call of the third reading statewide contested Calendar and immediately after roll call every day thereafter, and continue each day until given a second reading, and the Bill be set for Special Order for third reading immediately following the roll call and continue each day until final disposition, which was agreed to.
Rep. H. BROWN moved that while debating H. 4700, the General Appropriation Bill, the Bills on the Calendar be printed by number only, which was agreed to.
The following Bill was taken up.
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.
Reps. COOPER and TOWNSEND proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1632DW.98), which was adopted.
Amend the bill, as and if amended, page 1, Section 7-7-80(A), line 25, by striking /Barkers Creek/ and inserting /Barker's Creek-McAdams/.
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
H. 4381 -- Reps. Cobb-Hunter, Canty, Moody-Lawrence and Knotts: 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. J. BROWN explained the Bill.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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".
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 following Bill was taken up.
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.
Rep. DAVENPORT proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7229AC.98).
Amend the bill, as and if amended, Section 40-13-240(1), page 1, line 31, after
/ older / by inserting:
/or who has held a license for at least twenty years and who has not been disciplined by the board./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. SCOTT moved to adjourn debate upon the Bill.
Rep. LOFTIS moved to table the motion, which was agreed to.
Reps. SCOTT, T. BROWN, J. SMITH, LLOYD, J. BROWN, WHIPPER, BREELAND, J. HINES, McMAHAND, LOFTIS, HAMILTON, EASTERDAY, R. SMITH and MACK requested debate on the Bill.
The following Bill was taken up.
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 Committee on Judiciary proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9699AC.98), which was adopted.
Amend the bill, as and if amended, Section 19-1-180(A), page 3, line 28, before /abuse/ by inserting / alleged / so that when amended Section 19-1-180(A) reads:
/(A) An out-of-court statement made by a child who is under twelve years of age or who functions cognitively, adaptively, or developmentally under the age of twelve at the time of the a family court proceeding brought pursuant to Section 20-7-610 or 20-7-736 Title 20 concerning an act of alleged abuse or neglect as defined by Section 20-7-490 that is not otherwise admissible in evidence is admissible in the family court proceeding if the requirements of this section are met./
Amend the bill further, Section 20-7-540, page 4, line 20, after /proceedings/ by inserting /,/ so that when amended, Section 20-7-540 reads:
/Section 20-7-540. A person required or permitted to report pursuant to this article or who participates in an investigation or judicial proceedings resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In all such civil or criminal proceedings, good faith is rebuttably presumed. Immunity under this section extends to full disclosure by the person of facts which gave the person reason to believe that the child's physical or mental health or welfare had been or might be adversely affected by abuse or neglect./
Amend the bill further, Section 20-7-610, page 5, line 30, before /Upon/ by inserting
/The department must give the child's parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. / So that when amended, Section 20-7-610(I)(2) reads:
/(2) both the relative or other person with whom the child is to be placed and the child's parent or guardian have agreed to the placement, the department may retain physical custody of the child for no more than five additional days if necessary to enable the relative or other person to make travel or other arrangements incident to the placement. A probable cause hearing pursuant to subsection (M) shall not be held unless the placement fails to occur as planned within the five-day period or the child's parent or guardian makes a written request for a hearing to the department. The department must give the child's parent or guardian written notice of the right to request a probable cause hearing to obtain a judicial determination of whether removal of the child from the home was and remains necessary. Upon receipt of a written request for a hearing from the child's parent or guardian, the department shall schedule a hearing for the next date on which the family court is scheduled to hear probable cause hearings. If the placement does not occur as planned within the five-day period, the department immediately must determine whether to assume legal custody of the child and file a petition as provided in subsection (K). The department shall assure that the child is given age-appropriate information about the plans for placement and any subsequent changes in those plans at the earliest feasible time./
Amend the bill further by deleting Section 20-7-610(M), beginning on page 5, line 41 and inserting:
/(M) The family court shall schedule a probable cause hearing to be held within seventy-two hours of the time the child was taken into emergency protective custody. If the third day falls upon a Saturday, Sunday, or holiday, the probable cause hearing must be held no later than the next working day. If there is no term of court in the county when the probable cause hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, the probable cause hearing may be heard in another court in an adjoining circuit. The probable cause hearing may be conducted by video conference at the discretion of the judge. At the probable cause hearing, the family court shall undertake to fulfill the requirements of Section 20-7-110 and shall determine whether there was probable cause for taking emergency protective custody and for the department to assume legal custody of the child and shall determine whether probable cause to retain legal custody of the child remains at the time of the hearing. At the probable cause hearing, the respondents may submit affidavits as to facts which are alleged to form the basis of the removal and to cross-examine the department's witnesses as to whether there existed probable cause to effect emergency removal. The hearing on the merits to determine whether removal of custody is needed, pursuant to Section 20-7-736, must be held within thirty-five days of the date of receipt of the removal petition. At the probable cause hearing, the court shall set the time and date for the hearing on the merits. Because of its jurisdictional nature, the hearing on the merits may be continued only where exceptional circumstances exist, and the hearing must be completed within sixty-five days following receipt of the removal petition. Failure to hold a hearing on the merits within sixty-five days after the petition is filed results in a failure of jurisdiction, and the child must be returned to the custody of the child's parent or guardian. The time frame for holding the hearing on the merits is a jurisdictional requirement and may not be waived by any party./
Amend the bill further, Section 20-7-766(G), page 11, lines 7 and 13, by deleting / ten fourteen / and inserting / ten / so that when amended, Section 20-7-766(G) reads:
/(G) After the permanency planning hearing, if the child is retained in foster care, future permanency planning hearings must be conducted in accordance with this subsection.
If the child is retained in foster care and the agency is required to initiate termination of parental rights proceedings, the termination of parental rights hearing may serve as the next permanency planning hearing.
If the child is retained in permanent foster care with an identified caregiver, no further permanency planning hearings are necessary if the child is fourteen years of age or older.
If the court ordered extended foster care for the purpose of reunification with the parent, the court must select a permanent plan for the child other than another extension for reunification purposes at the next permanency planning hearing. The hearing must be held on or before the date specified in the plan for expected completion of the plan; in no case may the hearing be held any later than six months from the date of the last court order. The court also must fulfill the remaining requirements of subsections (A) through (F).
After the termination of parental rights hearing, the requirements of Section 20-7-1574 must be met. Permanency planning hearings must be held annually, starting with the date of the termination of parental rights hearing. No further permanency planning hearings may be required after filing a decree of adoption of the child.
If the court places custody or guardianship with the parent, extended family member, or suitable nonrelative and a period of services and supervision is authorized, services and supervision automatically terminate on the date specified in the court order. Before the termination date, the department or the guardian ad litem may file a petition with the court for a review hearing on the status of the placement. Filing of the petition stays termination of the case until further order from the court. If the court finds clear and convincing evidence that the child will be threatened with harm if services and supervision do not continue, the court may extend the period of intervention for a specified time. The courts court's order shall specify the services and supervision necessary to reduce or eliminate the risk of harm to the child.
If the child is retained in foster care to pursue a plan of independent living, future permanency planning hearings must be held annually.
If the child is retained in foster care because of special needs or characteristics of the child as specified in subsection (E)(5), and the child is ten years of age or under, future permanency planning hearings must be held every six months to determine whether these special needs or characteristics still exist or whether another disposition is appropriate.
If the child is retained in foster care because of special needs or characteristics of the child specified in subsection (E)(5) and the child is more than ten years of age, future permanency planning hearings must be held annually to determine whether these special needs or characteristics still exist or whether another disposition is appropriate./
Amend the bill further, Section 20-7-766(H), page 11, line 22, by deleting /forty/ and inserting / forty ten / so that when amended, Section 20-7-766(H) reads:
/(H) All proceedings provided for in this section must be initiated by filing of a summons and complaint with a supplemental report attached. The summons, complaint, A supplemental report must be attached to a motion filed pursuant to subsection (A). The supplemental report, and notice of the hearing must be served upon all named parties at least forty ten days before the hearing./
Amend the bill further, Section 20-7-2376(D) through (G), page 12, by deleting subsection (D) on lines 19-23; line 24 by deleting /(D)(E)/ and inserting /(D)/; line 27 by deleting /(E)(F)/ and inserting /(E)/; line 33 by deleting /(F)(G)/ and inserting /(F)/ ; line 38 by deleting /(G)(H)/ and inserting /(G)/, so that when amended, Section 20-7-2376(D) through (G) reads:
/(D) To promote and encourage all agencies and facilities involved in placing children in foster care to place children with persons suitable and eligible as adoptive parents;
(E) To advise foster parents of their right to petition the family court for termination of parental rights and for adoption and to encourage these foster parents to initiate these proceedings in an appropriate case when it has been determined by the local review board that return to the natural parent is not in the best interest of the child;
(F) To recommend that a child caring facility or agency exert all possible efforts to make arrangements for permanent foster care or guardianship for children for whom return to natural parents or adoption is not feasible or possible as determined during a case review by the local review board;
(G) To report to the state office of the Department of Social Services and other adoptive or foster care agencies any deficiencies in these agencies' efforts to secure permanent homes for children discovered in the local board's review of these cases as provided for in items (A) and (B) of this section.
Any case findings or recommendations of a local review board are advisory./
Amend the bill further, Section 59-63-31(B), page 14, immediately after line 9, by inserting /In addition to the requirements of this subsection, the child also shall satisfy the requirements of Section 59-63-30(d) and (e). / So that when amended, Section 59-63-31(B) reads:
/(B) A child within the ages prescribed in Section 59-63-20 is entitled to continue attending a particular public school or a successor school in the same school district without charge if:
(1) the child has been attending the school or a predecessor school prior to being taken into custody by the Department of Social Services or prior to being moved from one placement to another by the department;
(2) the Department of Social Services places the child outside the school district or school attendance zone in a foster home or residential community-based facility licensed or operated by the department; and
(3) the Department of Social Services, in its sole discretion, has determined that it is practicable and in the child's best interest for the child to continue attending the school.
In addition to the requirements of this subsection, the child also shall satisfy the requirements of Section 59-63-30(d) and (e)./
Amend the bill further by adding appropriately numbered SECTIONS to read:
/SECTION ______. Section 19-1-180(C) of the 1976 Code, as added by Act 649 of 1988, is amended by adding at the end:
If the child is over twelve, the adverse party may challenge the professional decision that the child functions cognitively, adaptively, or developmentally under the age of twelve.
SECTION ______. Section 20-7-510(B) of the 1976 Code, as last amended by Act 450 of 1996, is further amended to read:
(B) Except as provided in subsection (A), any other person who has reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse and neglect may report in accordance with this section if a person required to report pursuant to subsection (a) has received information in the person's professional capacity which gives the reporter reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by acts or omissions that would be child abuse or neglect if committed by a parent, guardian, or other person responsible for the child's welfare, but the reporter believes that the act or omission was committed by a person other than the parent, guardian, or other person responsible for the child's welfare, the reporter must make a report to the appropriate law enforcement agency.
SECTION ______. Section 20-7-510 of the 1976 Code, as last amended by Act 450 of 1996, is further amended by adding at the end:
(D) the identity of the person making a report pursuant to this section must be kept in strict confidence by the agency or department receiving the report and must not be disclosed except as specifically provided in this chapter.
When the department refers a report to a law enforcement agency for a criminal investigation, the department must inform the law enforcement agency of the identity of the person who reported the suspected child abuse or neglect. The identity of the reporter is solely for the use of the law enforcement agency in furtherance of the criminal investigation arising from the report, and the agency must not disclose the fact that the person was the reporter to any person other than an employee of the agency who is involved in the criminal investigation arising from the report. If the reporter testifies in a criminal proceeding arising from the report, the fact that the reporter made the report must not be disclosed.
When a law enforcement agency refers a report to the department for an investigation or other response, the law enforcement agency must inform the department of the identity of the person who reported the suspected child abuse or neglect. The department must not disclose the identity of the reporter to any person except as authorized by section 20-7-690./
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Reps. MOODY-LAWRENCE, KIRSH, SCOTT and J. BROWN proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1738AC.98), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 20-7-1630. (A) When the Department of Social Services has custody of a child and places that child with a relative whose home is a licensed foster home, the department must provide the same services and financial benefits provided to other licensed foster homes.
(B) If a relative of a child requiring foster care is not licensed to provide foster care, the department shall inform the relative of the procedures for obtaining licensure and the benefits of licensure and shall reasonably assist the relative with the licensing process."/
Renumber sections to conform.
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. COTTY spoke against the amendment.
Rep. MOODY-LAWRENCE spoke in favor of the amendment.
Rep. COTTY spoke against the amendment and moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Bauer Beck Boan Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Hinson Jordan Keegan Kelley Kinon Klauber Knotts Koon Law Leach Limehouse Loftis Mason McCraw McKay McMaster Meacham Miller Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Smith, D. Smith, R. Spearman Townsend Trotter Vaughn Walker Webb Whatley Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Howard Inabinett Kirsh Lee Lloyd Mack Maddox McGee McLeod McMahand Moody-Lawrence Neilson Scott Simrill Smith, F. Smith, J. Stoddard Stuart Whipper Wilder Wilkes
So, the amendment was tabled.
Reps. MOODY-LAWRENCE, KIRSH, SCOTT and J. BROWN proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\1739AC.98), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 20-7-1640(A) of the 1976 Code, as added by Section 40A, Part II, Act 163 of 1993, is amended to read:
(A) A person applying for licensure as a foster parent and a person eighteen years of age or older, residing in a home in which a person has applied to be licensed as a foster parent, must undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprinting review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. No person may be licensed as a foster parent until these fingerprint reviews have been conducted and the results submitted to the Department of Social Services. The department may issue a temporary license to a person after the favorable completion of the State Law Enforcement Division fingerprint review if each person subject to the fingerprinting requirement affirms in writing on a form provided by the department that he or she has not been convicted of any crime enumerated in Section 20-7-1642. The temporary license is valid until the Federal Bureau of Investigation results are received and reviewed by the department, unless the department terminates the temporary license earlier./
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. COTTY spoke against the amendment and moved to table the amendment.
Rep. MOODY-LAWRENCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Battle Bauer Baxley Beck Campsen Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Jordan Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Loftis Maddox Mason McAbee McCraw McGee McKay McLeod McMaster Meacham Miller Neilson Rhoad Rice Robinson Rodgers Sandifer Seithel Sharpe Sheheen Smith, D. Smith, R. Spearman Stille Stuart Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Bowers Breeland Brown, G. Brown, J. Byrd Clyburn Gourdine Harvin Hines, J. Howard Inabinett Kirsh Lee Lloyd Mack McMahand Moody-Lawrence Scott Simrill Smith, F. Stoddard
So, the amendment was tabled.
Reps. MOODY-LAWRENCE, SCOTT, LLOYD, INABINETT, GOVAN, COTTY, WHIPPER, MACK, BREELAND, GOURDINE, HAMILTON and R. SMITH requested debate on the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. CROMER moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4703 -- Reps. Hawkins, Stoddard, Lanford, Felder, J. Hines, McCraw, Whatley, Littlejohn, Loftis, Phillips and Rhoad: A BILL TO AMEND SECTION 56-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EYE EXAMINATION REQUIRED FOR RENEWAL OF A DRIVER'S LICENSE, THE CERTIFICATION OF MINIMUM VISION STANDARDS, AND THE PENALTIES FOR OPERATING A MOTOR VEHICLE WHEN A PERSON'S VISION IS DEFECTIVE, SO AS TO PERMIT A PERSON WHOSE DEGREE OF VISION IS LESS THAN 20/40 BUT BETTER THAN 20/200 TO OBTAIN A DRIVER'S LICENSE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works.
H. 4704 -- Reps. Harrell, Bailey, Battle, Bauer, Baxley, Beck, Boan, Bowers, G. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Cooper, Cromer, Dantzler, Easterday, Edge, Govan, Hamilton, A. Harris, Harrison, Harvin, Hawkins, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Koon, Lanford, Leach, Mack, Maddox, McAbee, McCraw, McGee, McMaster, Miller, Neal, Quinn, Riser, Rodgers, Sharpe, J. Smith, Townsend, Tripp, Trotter, Wilder, Wilkes, Witherspoon, Woodrum, Young, Whipper, McKay, Whatley, Hinson, Sandifer, Knotts, Walker, Fleming, Mason, Haskins, Inabinett, Limehouse, Vaughn, Lloyd, Altman, Rhoad, Davenport, H. Brown, Wilkins, Seithel, Littlejohn, Phillips and Simrill: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED.
Referred to Committee on Ways and Means.
H. 4705 -- Reps. Fleming, Martin and Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-322 SO AS TO REQUIRE HEALTH CARE FACILITIES TO CONDUCT RANDOM DRUG SCREENINGS OF ITS EMPLOYEES AS A CONDITION OF LICENSURE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4706 -- Reps. Fleming, Campsen, Altman, Jennings and Cobb-Hunter: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL OF CERTAIN MOTOR VEHICLE OFFENSES THAT ACTS AS A SUPERSEDEAS, SO AS TO REVISE THE PERIOD WITHIN WHICH IMPOSITION OF THE PENALTY IS PRECLUDED.
Referred to Committee on Judiciary.
H. 4707 -- Reps. Clyburn, Bowers, Cave, Knotts, Lee, Neilson, Inabinett, Webb, Jennings, McMaster, J. Hines, Sharpe, Breeland, R. Smith, Lloyd, Cromer, Altman, Limehouse, Moody-Lawrence, Law, Trotter, Mack, Beck, Govan, T. Brown, Haskins, Felder, Stille, Robinson, Rhoad, Harrison, McAbee, Howard, Riser, Tripp, McMahand, Klauber, Keegan, Phillips, Kelley, Cato, Witherspoon, Barfield and Gourdine: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-880, SO AS TO REQUIRE ALL STATE SECONDARY HIGHWAY SYSTEM ROADS, STREETS, AND HIGHWAYS TO HAVE CENTER LINES DIVIDING OPPOSING TRAFFIC.
Referred to Committee on Education and Public Works.
S. 964 -- Senator Washington: A BILL TO AMEND ACT 278 OF 1985, RELATING TO THE JASPER COUNTY BOARD OF EDUCATION, SO AS TO ESTABLISH SINGLE MEMBER DISTRICTS AND TO PROVIDE FOR ELECTIONS.
Referred to Jasper Delegation.
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), which was adopted.
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.
The amendment was then adopted.
Rep. SCOTT requested debate on the Bill.
Rep. CARNELL proposed the following Amendment No. 2 (Doc Name P:\AMEND\KGH\15466CM.98).
Amend the bill, as and if amended, SECTION 1, Section 59-25-45, line 31, after /offered/, by adding:
/, unless the source of funding is approved by the local school district's school board/
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. HOWARD spoke in favor of the amendment.
The SPEAKER granted Rep. D. SMITH a leave of absence for the remainder of the day.
Rep. KLAUBER spoke in favor of the amendment.
The SPEAKER granted Rep. NEILSON a leave of absence to meet with students from her district in the Governor's office.
Rep. TOWNSEND moved to table the amendment.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barrett Brown, J. Campsen Cotty Dantzler Harrell Hinson Maddox Martin Mason Quinn Robinson Rodgers Stille Townsend Walker
Those who voted in the negative are:
Askins Bailey Barfield Battle Bauer Baxley Beck Bowers Breeland Brown, H. Brown, T. Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Hamilton Harris Harrison Harvin Haskins Hawkins Hines, J. Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Lloyd Loftis Mack McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Phillips Rhoad Rice Riser Sandifer Scott Seithel Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stoddard Stuart Tripp Trotter Vaughn Webb Whatley Whipper Wilkes Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
Reps. SCOTT, TOWNSEND, ALTMAN, WALKER, SHARPE, STILLE, QUINN, COOPER, RODGERS, KLAUBER, CARNELL, SIMRILL, KNOTTS, HARRELL, McMAHAND, HAWKINS, BAILEY KENNEDY and RISER requested debate on the Bill.
The following Bill was taken up.
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 Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21227SD.98), which was adopted.
Amend the bill, as and if amended, by striking subsection (B) of Section 40-58-50 of the 1976 Code, as contained in SECTION 5, which begins on line 10, page 4, and inserting:
/(B) The application must include an affirmation of financial solvency noting bonding requirements required by the department and the descriptions of the business activities, financial responsibility, educational background, and general character and fitness of the applicant as required by this chapter. The application must be accompanied by a fee, payable to the department, of five hundred dollars./
Amend the bill further, as and if amended, by striking item (3) of Section 40-58-55 of the 1976 Code, as contained in SECTION 6, which begins on line 10, page 5, and inserting:
/(3) been convicted of, found guilty of, or pled nolo contendere to a felony or of an offense involving breach of trust, moral turpitude, fraud, or dishonest dealing within the past five ten years. Any person who is in business as a mortgage loan broker or is an agent of a broker before October 1, 1998, and who has been convicted of a felony or an offense involving breach of trust, moral turpitude, fraud, or dishonest dealing within the past ten years may continue in business as a mortgage loan broker or agent, but if a mortgage loan broker or an agent of a broker is convicted of the above-referenced offenses on or after October 1, 1998, that person shall be subject to the provisions of this chapter./
Amend the bill further, as and if amended, by striking subsection (A) of Section 40-58-110 of the 1976 Code, as contained in SECTION 10, which begins on line 7, page 8, and inserting:
/(A) In addition to the initial license application for registration fee of five hundred dollars required by Section 40-58-50, first time registrants licensees also shall pay a one-time, nonrefundable processing fee of two hundred dollars. Thereafter, a registrant licensee shall pay an annual renewal fee of five hundred dollars and twenty-five dollars for each originator listed pursuant to Section 48-58-50(A). A registrant licensee shall pay an initial fee of one hundred fifty dollars and, thereafter, a renewal fee of one hundred fifty dollars for each satellite location. The broker shall notify the department in writing ten days before opening a new, official branch or satellite location. No initial fee is required when the registrant licensee notifies the department of a change in address for an official branch or satellite location./
Renumber sections to conform.
Amend totals and title to conform.
Rep. GAMBLE explained the amendment.
Rep. GAMBLE continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. SCOTT, McMAHAND, MACK, J. HINES, WHIPPER, LLOYD, EASTERDAY and T. BROWN withdrew their requests for debate on H. 3013; however, other requests for debate remained upon the Bill.
Rep. SCOTT asked unanimous consent to recall H. 3054 from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
The motion period was dispensed with on motion of Rep. CROMER.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3.
H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Rep. HASKINS proposed the following Amendment No. 3 (Doc Name P:\AMEND\BBM\9604AC.98), which was adopted.
Amend the Committee Report, as and if amended, Page 3784-2, by deleting lines 35 and 36 and inserting:
/(4) in the absence of a referral from a licensed medical doctor or dentist, provides physical therapy services beyond thirty days after /
Amend title to conform.
Rep. BAXLEY spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
The SPEAKER granted Rep. TROTTER a leave of absence for the day.
Rep. HASKINS continued speaking.
Rep. BAXLEY moved to table the amendment.
Rep. COOPER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Barrett Baxley Brown, G. Brown, H. Campsen Canty Cotty Davenport Delleney Easterday Fleming Harrell Harrison Harvin Hawkins Keegan Kennedy Kinon Maddox Martin Moody-Lawrence Mullen Phillips Sheheen Smith, F. Walker Witherspoon Woodrum Young
Those who voted in the negative are:
Bailey Barfield Battle Bauer Beck Boan Bowers Breeland Brown, T. Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Edge Felder Gamble Hamilton Harris Haskins Hines, J. Hinson Howard Inabinett Jennings Jordan Kelley Kirsh Knotts Koon Lanford Law Leach Lee Lloyd Loftis Mack Mason McAbee McCraw McGee McKay McLeod McMaster Meacham Miller Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, J. Smith, R. Spearman Stille Stuart Townsend Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Reps. BAXLEY, HARRISON, QUINN, WALKER, NEAL, HARVIN and MADDOX proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15369AC.98).
Amend the bill, as and if amended, page 3784-2, on lines 28 and 38, after /dentist/ by inserting /or appropriate health care provider/.
Amend the bill further Page 3784-24, after line 7, by inserting:
/Section 40-45-275. (A) Upon initial evaluation or at any time during treatment, a physical therapist shall refer to a licensed medical doctor, a dentist, or an appropriate health care provider a patient whose medical condition is beyond the scope of practice of a physical therapist.
(B) In the absence of a referral from an appropriate health care provider, a physical therapist may not provide physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of a patient to a licensed medical doctor, dentist, or appropriate health care provider./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. HASKINS spoke against the amendment.
Further proceedings were interrupted by the Joint Assembly, the pending question being consideration of Amendment No. 4.
The SPEAKER granted Rep. McLEOD a leave of absence to attend a funeral.
At 12:00 Noon the Senate appeared in the Hall of the House.
The SPEAKER called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 946 -- Senator Courson: A CONCURRENT RESOLUTION TO INVITE THE NATIONAL COMMANDER OF THE AMERICAN LEGION, THE HONORABLE ANTHONY G. JORDAN, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998.
The Honorable Anthony G. Jordan and distinguished party were escorted to the rostrum by Representatives KINON, KELLEY, LAW and LLOYD.
The SPEAKER recognized our special guests here today and then introduced Mr. Anthony G. Jordan, the National Commander of the American Legion, who addressed the Joint Assembly as follows:
"Thank you very much Mr. Speaker, members of the South Carolina General Assembly, ladies and gentleman. Thank you for giving me the opportunity to appear before you here this morning. Before I proceed I'd like to introduce some people with me here this morning and also what we call the American Legion family.
First, I'd like to introduce the National President of the nation's largest women's patriotic organization, the American Legion Auxiliary President, Mrs. Barbara Kranig of Stevens Point, Wisconsin and the Auxiliary President of South Carolina, Mrs. Connie Bell. I must also acknowledge in your General Assembly, a very active member of the American Legion Auxiliary, State Representative Molly Spearman. Throughout the American Legion we have a gentlemen who is known as 'Mr. Legionnaire.' I call him my friend. To others, he is Mr. Stone. I present to you Past National Commander of the American Legion, E. Roy Stone. Also with us is the Commander of the South Carolina American Legion, Willis Dent; State Adjutant Jimmy Hawk; "Stoney" Wages, your state director of Veterans Affairs and Jack David, former director of your State Employment Security Commission and a Past National Vice Commander of the American Legion. Thank you for sharing this special occasion with me.
South Carolina is so beautiful. So much of our nation's formative history is rooted in South Carolina. America's first steam locomotive built for regular railroad service was built in South Carolina in 1830. The first ship built in America to cross the Atlantic was built in South Carolina in 1562. The first opera performed in America was performed in South Carolina in 1735. I didn't believe that until Senator Strom Thurmond showed me his ticket stub.
South Carolina set records in 1997 for its international corporate investment and job creation. Even the rural areas created more than 9,000 new jobs last year. In our republic, elected officials, such as you, are free to create jobs and opportunity for the people. Such freedom is not free. More than a million men and women died in military service to our great nation. Every Gold Star mother represents an American who sacrificed all of his or her tomorrows for you and me. The recovered bodies of those patriots were buried in a casket draped by the United States flag. No other symbol represents the core values of our nation's freedom, justice and equality. I'm reminded of the television production 'Banners of Glory,' which talks about the bravery of soldiers who laid down their lives for the flag. In Civil War time, soldiers volunteered to serve as the color sergeant. They did so knowing that leading the charge while hoisting the battle colors meant almost-certain death.
William Carney, of the Massachusetts 54th Colored Infantry, grabbed the colors when his regiment's color sergeant was hit at Fort Wagner, South Carolina. Carney was shot five times, but managed to bring his colors back to the encampment. He said: 'I only did my duty. The flag never touched the ground.' Sergeant William Carney was one of 29 African-American soldiers awarded the Medal of Honor during the Civil War. George Armstrong Custer's younger brother was also awarded two Medals of Honor.
Throughout our nation's history, more Medals of Honor have been awarded to men who risked their lives, or lost their lives, protecting Old Glory, than for any other reason. Therefore we must return to the American people the right to protect our flag and we will do that.
We must teach our children and grandchildren the same respect for our values and our flag that we inherited. I know you understand what I'm saying, because this body is among 49 state legislatures that passed resolutions supporting the flag-protection constitutional amendment and I thank you for that. South Carolina's U.S. Senators also will vote to return to the American people our right to protect the flag, because in South Carolina, with its booming economy, the people realize 'man cannot live on bread alone.' South Carolina not only takes care of its flag, South Carolina takes care of those who served under Old Glory.
Many of South Carolina's veterans served in World War II and in the Korean War. The rising population of older veterans is increasing the demand for nursing-home beds. Your heart is in the right place. I like your plan to build a state veterans nursing home. It's right on the money. You've already built a 150-bed facility here in Columbia and a 220-bed nursing home in Anderson County. I'm delighted at the way you and my Legion comrades in South Carolina worked together to build those homes. The men and women of the American Legion, the veterans you serve in those buildings, and their families appreciate your initiative. While you're again dealing with the nursing-home issue, I urge you to pursue a federal-state partnership to create veterans nursing-home beds in the Charleston area and in the Pee Dee section.
This is probably going to take a 4-and-a-half-million dollar bond issue before you enter into a federal partnership. I'm certain, this legislature will continue to meet the needs of all South Carolina's veterans. Particularly those who require in-patient care. This Assembly's can-do spirit led to construction of your fine Vocational Rehabilitation Center. My predecessor as National Commander, Joe Frank, stayed in that facility last year. He raved about how outstanding that facility was.
Of course, the federal government's involvement is a blessing. I learned that three VA outpatient clinics are scheduled to open this year, thanks to Uncle Sam. Those facilities in Florence, Beaufort and Myrtle Beach will be put to good use.
You've taken up many other veterans issues lately: penalties for defacing veterans memorials; specialized training for your county veterans-service officers; property tax-exemptions for Medal of Honor recipients and former POWs, as well as their surviving spouses; and the creation of rosters for Korea, Vietnam and Desert Storm veterans. Service officers use these rosters to help veterans file claims. If a veteran doesn't have discharge papers, the VA will often accept a veteran's presence on a state roster. That's a good reason to create the rosters, which you already have for veterans of World War I and World War II.
The VA is big_business in South Carolina; really big business. The VA spends more than 500-million dollars a year in South Carolina. That 500-million includes benefits, compensation, vocational rehabilitation, medical care and construction projects. The VA brings jobs here and delivers services to your veterans. It's a win-win situation.
Stoney Wages oversees an agency serving South Carolina's 380-thousand veterans. He and his staff do a fine job with the resources you provide. South Carolina also benefits from caring, dedicated volunteers, such as the 25-thousand men and women of the South Carolina American Legion.
Commander Dent started a program of outreach to Vietnam veterans. Whether they are Legionnaires or not, those who served in the war that divided our nation deserve a belated welcome home, an opportunity to serve their communities share a bond related to their common sacrifice. South Carolina Legionnaires are reaching out to Vietnam veterans in February.
The American Legion is the largest veterans organization in South Carolina. The men and women of the American Legion will have an even greater impact here as its membership grows. They make a difference. Last year, South Carolina Legionnaires donated more than 44,000 volunteer hours, and operated a number of programs for children and youth: American Legion Boys State; American Legion Baseball; Junior Shooting Sports; the McGruff Safe Kids Program; the High School Oratorical Contest; and flag-etiquette presentations within our school system.
Legionnaires are your partners in making South Carolina a greater place to live and a safe place in which to raise children. South Carolina Legionnaires are a collective resource. South Carolina Legionnaires do their job. Their impact is measured not only by economic indicators, but by the appreciation of the people whose lives they touch. The American Legion family makes a difference. I congratulate you for fostering economic growth in South Carolina. I'm proud of you for creating a place in which being a veteran and a patriotic American has meaning. I personally believe Patriotism is second to none below the Mason-Dixon Line. I want to thank you this morning for giving me the opportunity for speaking here as I know you also make a difference.
God bless you and may God bless America. Thank you very much"
Upon the conclusion of his address, the National Commander and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the SPEAKER announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:25 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4.
H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Reps. BAXLEY, HARRISON, QUINN, WALKER, NEAL, HARVIN and MADDOX proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15369AC.98), which was tabled.
Amend the bill, as and if amended, page 3784-2, on lines 28 and 38, after /dentist/ by inserting /or appropriate health care provider/.
Amend the bill further Page 3784-24, after line 7, by inserting:
/Section 40-45-275. (A) Upon initial evaluation or at any time during treatment, a physical therapist shall refer to a licensed medical doctor, a dentist, or an appropriate health care provider a patient whose medical condition is beyond the scope of practice of a physical therapist.
(B) In the absence of a referral from an appropriate health care provider, a physical therapist may not provide physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of a patient to a licensed medical doctor, dentist, or appropriate health care provider./
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. HARRISON spoke in favor of the amendment.
Rep. HASKINS moved to table the amendment.
Rep. BAXLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Bauer Beck Bowers Breeland Brown, J. Cato Chellis Cooper Dantzler Edge Felder Gamble Hamilton Harris Haskins Howard Jennings Jordan Klauber Knotts Koon Law Leach Lee Loftis Mack Mason McAbee McCraw McGee McKay McMaster Pinckney Rhoad Rice Robinson Sandifer Seithel Sharpe Smith, R. Spearman Stuart Vaughn Webb Whatley Wilder Wilkins Young-Brickell
Those who voted in the negative are:
Altman Barrett Baxley Brown, G. Byrd Campsen Canty Clyburn Cotty Davenport Delleney Easterday Fleming Harrell Harrison Harvin Hawkins Hines, J. Hinson Inabinett Keegan Kelley Kennedy Kinon Kirsh Limehouse Littlejohn Lloyd Maddox McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Quinn Rodgers Sheheen Simrill Smith, F. Smith, J. Stille Walker Wilkes Witherspoon Woodrum Young
So, the amendment was tabled.
Reps. BAXLEY, HARRISON and QUINN proposed the following Amendment No. 6 (Doc Name P:\AMEND\PT\1661AC.98), which was rejected.
Amend the bill, as and if amended, page 3784-2, on lines 28 and 38, by inserting / or licensed physician, other than a physical therapist,/
Amend the bill further Page 3784-24, after line 7, by inserting:
/Section 40-45-275. (A) Upon initial evaluation or at any time during treatment, a physical therapist shall refer to a licensed medical doctor, a dentist, or licensed physician, other than a physical therapist, a patient whose medical condition is beyond the scope of practice of a physical therapist.
(B) In the absence of a referral from an appropriate health care provider, a physical therapist may not provide physical therapy services beyond thirty days after the initial evaluation and/or treatment date without the referral of a patient to a licensed medical doctor, dentist, or licensed physician, other than a physical therapist./
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. HASKINS spoke against the amendment.
Rep. BAXLEY spoke in favor of the amendment.
Rep. LOFTIS spoke against the amendment.
Rep. HASKINS spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. HASKINS moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Beck Bowers Breeland Cato Chellis Cooper Dantzler Edge Felder Gamble Gourdine Hamilton Harrell Harris Haskins Hinson Howard Jennings Jordan Koon Lanford Law Leach Lee Lloyd Loftis Mack Mason McAbee McCraw McGee McKay McMaster Rhoad Rice Robinson Rodgers Sandifer Seithel Sharpe Smith, R. Spearman Stuart Tripp Vaughn Whatley Whipper Wilder Wilkins Young-Brickell
Those who voted in the negative are:
Altman Barfield Barrett Battle Bauer Baxley Brown, G. Brown, H. Brown, J. Byrd Campsen Canty Clyburn Cotty Cromer Davenport Delleney Easterday Fleming Harrison Harvin Hawkins Hines, J. Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Limehouse Littlejohn Maddox McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Scott Sheheen Simrill Smith, F. Smith, J. Stille Walker Webb Wilkes Witherspoon Woodrum Young
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Barfield Barrett Bauer Baxley Brown, G. Brown, H. Byrd Campsen Canty Cobb-Hunter Cotty Cromer Davenport Delleney Easterday Fleming Harrison Harvin Hawkins Hines, J. Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Limehouse Littlejohn Maddox McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Quinn Sheheen Simrill Smith, F. Smith, J. Walker Webb Wilkes Witherspoon Woodrum Young
Those who voted in the negative are:
Allison Beck Bowers Breeland Cato Chellis Clyburn Cooper Dantzler Edge Felder Gamble Gourdine Hamilton Harrell Harris Haskins Hinson Howard Jennings Jordan Koon Lanford Law Leach Lee Lloyd Loftis Mack Mason McAbee McCraw McGee McKay McMaster Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Smith, R. Spearman Stuart Tripp Whatley Whipper Wilder Wilkins Young-Brickell
So, the amendment was rejected.
Rep. KLAUBER was recognized.
Rep. SHEHEEN moved that the House do now adjourn.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bauer Breeland Brown, G. Canty Cobb-Hunter Cotty Davenport Felder Fleming Harrison Harvin Howard Inabinett Jennings Kennedy Knotts Koon Lee Littlejohn Lloyd Maddox McMahand Miller Moody-Lawrence Mullen Quinn Robinson Sheheen Smith, F. Walker Wilkes
Those who voted in the negative are:
Allison Askins Bailey Barfield Barrett Battle Baxley Beck Bowers Brown, H. Campsen Cato Chellis Cooper Cromer Dantzler Delleney Easterday Edge Gamble Gourdine Hamilton Harrell Harris Haskins Hawkins Hines, J. Hinson Jordan Keegan Kelley Kinon Kirsh Klauber Lanford Law Leach Limehouse Loftis Mason McCraw McGee McKay McMaster Meacham Neilson Phillips Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Simrill Smith, J. Smith, R. Spearman Stuart Tripp Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to adjourn.
Rep. KLAUBER spoke against the Bill.
Rep. KNOTTS moved to reconsider the vote whereby Amendment No. 4 was tabled.
Rep. HASKINS moved to table the motion.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Battle Bauer Beck Bowers Brown, J. Byrd Cato Chellis Clyburn Cooper Dantzler Easterday Edge Felder Gamble Hamilton Harrell Harris Haskins Hines, J. Hinson Howard Jennings Jordan Kinon Koon Lanford Law Leach Lee Lloyd Loftis Mack Mason McAbee McCraw McGee McKay McMaster Meacham Moody-Lawrence Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Smith, R. Spearman Stuart Tripp Vaughn Webb Whatley Wilder Wilkins Young-Brickell
Those who voted in the negative are:
Altman Barrett Baxley Brown, G. Brown, H. Campsen Canty Cotty Cromer Davenport Delleney Fleming Harrison Harvin Hawkins Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Limehouse Littlejohn Maddox McMahand Miller Mullen Neal Neilson Phillips Quinn Sheheen Simrill Smith, F. Stille Walker Whipper Wilkes Witherspoon Woodrum Young
So, the motion to reconsider was tabled.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Byrd Campsen Canty Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Delleney Easterday Edge Felder Gamble Gourdine Hamilton Harris Harvin Haskins Hines, J. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Mason McAbee McCraw McGee McKay McMahand McMaster Meacham Miller Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Tripp Vaughn Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Brown, J. Cromer Dantzler Davenport Fleming Harrison Hawkins Klauber Koon Maddox Mullen Young
So, the Bill, as amended, was read the second time and ordered to third reading.
I was called out of the Chamber by a constituent immediately prior to the vote on H. 3784. I wish to be recorded as voting in favor of the Bill.
Rep. ROBERT W. HARRELL, JR.
Rep. BAXLEY moved that the House do now adjourn, which was adopted.
At 1:10 P.M. the House in accordance with the motion of Rep. ROBINSON adjourned in memory of Lillian Ruth Anderson White of Easley, to meet at 10:00 A.M. tomorrow.
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