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:
O Lord God, so often we hurt within as expediences return to plague us. Save us from accepting a little of what is wrong in order to get what we imagine is right. For whatever progress You have made within us we are grateful. Compel us to be just and fair in all our dealings. Cause us to make always our word our bond. Let us be slow in our criticism of others and slow to judge, knowing that some day we will be judged by Him to Whom all hearts are open and from Whom no secrets are hidden.
We offer this our prayer to a good and gracious God. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. WILDER moved that when the House adjourns, it adjourn in memory of Colonel (Retired) Benjamin F. Ivey, Sr. of Clinton, which was agreed to.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4841 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2271, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4843 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MARINE RESOURCES DIVISION, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES LAW", REVISING PROVISIONS OF LAW REGULATING AND GOVERNING MARINE RESOURCES AND THE MANNER IN WHICH AND CONDITIONS UNDER WHICH MARINE LIFE MAY BE HARVESTED, ESTABLISHING A POINT SYSTEM FOR MARINE RESOURCE LAW VIOLATIONS AND PROVIDING PENALTIES FOR VARIOUS VIOLATIONS, AND PROVIDING FOR COMMISSIONERS FROM SOUTH CAROLINA TO THE ATLANTIC STATES MARINE FISHERIES COMMISSION; TO AMEND SECTION 1-23-130, RELATING TO ADMINISTRATIVE PROCEDURES, SO AS TO PROVIDE HOW LONG EMERGENCY REGULATIONS PROMULGATED BY A NATURAL RESOURCES AGENCY SHALL REMAIN IN EFFECT; TO AMEND SECTION 50-1-30, RELATING TO CLASSIFICATIONS OF WILDLIFE, SO AS TO CLASSIFY MARINE LIFE INCLUDED WITHIN THE TERM "SALTWATER GAME FISH"; TO ADD SECTION 50-1-285 SO AS TO PROHIBIT THE REMOVAL, DISTURBANCE, OR DAMAGE TO SIGNS, BUOYS, DEVICES, OR PROPERTY OF THE DEPARTMENT OF NATURAL RESOURCES IN SPECIFIED AREAS AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES TO CATCH SHAD IN CERTAIN PARTS OF THE SAVANNAH RIVER, SO AS TO PROVIDE THAT IT SHALL BE UNLAWFUL TO USE NETS AND SEINES IN CERTAIN PARTS OF THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO EXCLUDE SHAD, HERRING, AND STURGEON FROM THE PROVISIONS OF THIS SECTION; TO ADD SECTION 50-21-175 SO AS TO PROVIDE THAT THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS ARE REQUIRED TO HEAVE TO, ALLOW BOARDING, AND COOPERATE WITH DEPARTMENT OF NATURAL RESOURCES PERSONNEL, LAW ENFORCEMENT OFFICERS, OR UNITED STATES COAST GUARD PERSONNEL, AND PROVIDE PENALTIES FOR VIOLATION; TO REDESIGNATE SECTION 50-13-990, RELATING TO SURFING NEAR FISHING PIERS AS SECTION 50-21-180; AND TO REPEAL SECTION 44-1-152, CHAPTER 7 OF TITLE 50, CHAPTER 17 OF TITLE 50, SECTIONS 50-13-190, 50-13-700, 50-13-735, 50-13-770, 50-13-800, 50-19-320, AND CHAPTER 20 OF TITLE 50 RELATING TO VARIOUS WILDLIFE AND MARINE RESOURCES LAWS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4844 -- Rep. G. Brown: A BILL TO PROVIDE FOR ELECTION OF THE LEE COUNTY BOARD OF EDUCATION CHAIRMAN AND VICE CHAIRMAN AT THE BOARD'S REGULAR JANUARY MEETING AND TO MAKE THE APPLICATION OF THIS PROVISION RETROACTIVE.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.
Referred to Committee on Labor, Commerce and Industry.
S. 936 -- Senators J. Verne Smith and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-125, SO AS TO AUTHORIZE STUDENT PERMITS ALLOWING STUDENTS ENROLLED IN AN ACCREDITED MORTUARY SCIENCE COLLEGE IN SOUTH CAROLINA TO ENGAGE IN THE PRACTICE OF FUNERAL SERVICE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.
Referred to Committee on Labor, Commerce and Industry.
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1079 -- Senator Short: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-130, SO AS TO REQUIRE INSURANCE POLICIES WHICH PROVIDE COVERAGE FOR MASTECTOMY SURGERY TO PROVIDE COVERAGE FOR RECONSTRUCTIVE SURGERY OF THE BREAST.
Referred to Committee on Labor, Commerce and Industry.
S. 1085 -- Fish, Game and Forestry 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.
On motion of Rep. SHARPE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The Senate sent to the House the following:
S. 1041 -- Senator Cork: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE CROSS ISLAND PARKWAY BRIDGE IN BEAUFORT COUNTY THE "CHARLES E. FRASER BRIDGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand Meacham Miller Mullen Neal Neilson Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stoddard Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 19.
John David Hawkins James N. Law Molly M. Spearman Bill Cotty Harry R. Askins Bessie Moody-Lawrence Alfred B. Robinson, Jr. Clementa C. Pinckney F.G. Delleney, Jr. George H. Bailey Joe McMaster Michael E. Easterday John G. Felder Lynn Seithel Ronald P. Townsend Jackson S. Whipper Douglas Jennings, Jr. Harry C. Stille
LEAVES OF ABSENCE
The SPEAKER granted Rep. A. HARRIS a leave of absence for the day due to family illness.
The SPEAKER granted Rep. SHEHEEN a leave of absence for the day due to business reasons.
Rep. COTTY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 18.
Rep. BOAN signed a statement with the Clerk that he was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, March 18.
Announcement was made that Dr. Arthur C. Hutson, Jr. of Charleston is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and 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. 4830
DATE ADD:
3/19/98 John G. Altman III
Bill Number: H. 4618
DATE ADD:
3/19/98 Walton J. McLeod
Bill Number: H. 4769
DATE REMOVE:
3/19/98 Glenn Lewis Hamilton
Bill Number: H. 4756
DATE REMOVE:
3/19/98 Edith Martin Rodgers
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4809 -- Reps. Harvin and Young: A BILL TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER AND ITS GOVERNING BOARD, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE CLARENDON COUNTY BOARD OF EDUCATION, OR HIS DESIGNEE, ALSO SHALL SERVE AS AN EX OFFICIO MEMBER OF THIS BOARD.
H. 4387 -- Reps. J. Brown, T. Brown, Canty, McLeod and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-235 SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL ESTABLISH A COMPREHENSIVE PROGRAM FOR THE TESTING OF NEWBORNS FOR THE PRESENCE OF THE HUMAN IMMUNODEFICIENCY VIRUS OR THE PRESENCE OF ANTIBODIES TO SUCH VIRUS, AND TO PROVIDE THAT THIS PROGRAM SHALL BE ESTABLISHED BY THE DEPARTMENT UPON APPROPRIATION OF NECESSARY FUNDS BY THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT.
H. 3860 -- Rep. Beck: A BILL TO AMEND SECTION 56-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR DRIVERS' LICENSES AND PERMITS, SO AS TO REQUIRE THE APPLICATION TO ALLOW THE APPLICANT TO DISCLOSE A PERMANENT MEDICAL CONDITION WHICH MUST BE INDICATED BY A SYMBOL ON THE LICENSE AND CONTAINED IN THE DRIVER'S RECORD.
H. 4505 -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: A BILL TO AMEND SECTION 56-5-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO INCLUDE FLAT-BED TRAILERS WITHIN CERTAIN EXCEPTIONS TO LENGTH OF VEHICLES AND LOADS, TO FURTHER PROVIDE FOR THE MATERIALS WHICH EXEMPT TRAILERS MAY TRANSPORT, AND TO MAKE A TECHNICAL CORRECTION TO A REFERENCE.
H. 4798 -- Reps. Harrison, Cotty, Sandifer, Klauber, Hawkins, Meacham, Young-Brickell, Barrett, McKay, Kinon, Young and J. Smith: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 1104 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CLEMSON UNIVERSITY, STATE CROP PEST COMMISSION,, RELATING TO BOLL WEEVIL ERADICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2254, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 289 -- Senator Anderson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
Reps. KLAUBER and HARRISON, with unanimous consent, proposed the following Amendment No. 3, which was adopted.
Strike the last sentence of 24-3-430(A) as contained in Section 1.
Rep. KLAUBER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the third time, and ordered returned to the Senate with amendments.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4837 -- Reps. Cave and Rhoad: A BILL TO AMEND SECTION 7-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BARNWELL COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BARNWELL COUNTY LEGISLATIVE DELEGATION.
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.
Rep. WEBB explained the Bill.
H. 4640 -- Reps. Rhoad, Sharpe, Barfield, T. Brown and Webb: A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW DEVICES.
Rep. WEBB explained the Joint Resolution.
H. 4618 -- Reps. Sharpe and McLeod: A BILL TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ESTABLISH THE VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE FOR ITS PURPOSES AND THE PROCEDURES UNDER WHICH IT IS TO OPERATE.
Rep. WILKES explained the Bill.
H. 3901 -- Reps. Sharpe and McLeod: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Rep. WEBB explained the Bill.
S. 275 -- Senators Leventis, Ryberg, McConnell, Land, McGill, Jackson, Russell, Courson, Glover, O'Dell, Ravenel, Moore, Gregory, Reese, Thomas, Waldrep, Rose, Hutto and Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 3, TITLE 47, SO AS TO PROVIDE FOR THE STERILIZATION OF DOGS AND CATS.
Rep. WEBB explained the Bill.
H. 4735 -- Reps. Boan and Walker: A BILL TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA.
Rep. YOUNG explained the Bill.
H. 4826 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO IMPORTATION OF LIVESTOCK, SHEEP AND GOATS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WEBB explained the Joint Resolution.
H. 4827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO VESICULAR STOMATITIS RESTRICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2235, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WEBB explained the Joint Resolution.
On motion of Rep. CAVE, with unanimous consent, it was ordered that H. 4837 be read the third time tomorrow.
On motion of Rep. WEBB, with unanimous consent, it was ordered that H. 4691 be read the third time tomorrow.
On motion of Rep. WEBB, with unanimous consent, it was ordered that H. 4640 be read the third time tomorrow.
On motion of Rep. WILKES, with unanimous consent, it was ordered that H. 4618 be read the third time tomorrow.
On motion of Rep. WEBB, with unanimous consent, it was ordered that H. 3901 be read the third time tomorrow.
On motion of Rep. WEBB, with unanimous consent, it was ordered that S. 275 be read the third time tomorrow.
On motion of Rep. YOUNG, with unanimous consent, it was ordered that H. 4735 be read the third time tomorrow.
On motion of Rep. WEBB, with unanimous consent, it was ordered that H. 4826 be read the third time tomorrow.
On motion of Rep. WEBB, with unanimous consent, it was ordered that H. 4827 be read the third time tomorrow.
The following Bill was taken up.
H. 4757 -- Reps. Barfield, Battle, T. Brown, Davenport, Edge, Miller, Sharpe, Witherspoon, Mullen, Rhoad, Hamilton and J. Smith: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS, AND TO PROVIDE FOR CERTAIN EXTENSIONS OF AND EXCEPTIONS TO THIS CLOSURE.
Rep. WITHERSPOON explained the Bill.
Rep. LOFTIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4754 -- Reps. Witherspoon, Sharpe, Bailey, Clyburn, Simrill, Meacham, Seithel, Inabinett, Mason, Littlejohn, McKay, Rodgers, Miller, Rhoad, Walker, Battle, Lloyd, Barfield, McMahand, J. Hines, Dantzler, Stille and Leach: A BILL TO AMEND SECTION 50-11-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF DEER PARTS, SO AS TO PROHIBIT THE SALE OF LIVE DEER AND CERTAIN DEER PARTS, INCLUDING CERTAIN VENISON, ANTLERS, AND GAMETES, AND TO REVISE THE PENALTY FOR VIOLATION; AND TO AMEND SECTION 50-11-1920, AS AMENDED, RELATING TO SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO ALLOW SALE OF VENISON NOT ONLY BY FOOD SERVICE ESTABLISHMENTS, BUT ALSO BY OFFICIAL ESTABLISHMENTS AND WHOLESALE FOOD DISTRIBUTORS WHO COMPLY WITH INSPECTION, RECORDKEEPING, AND OTHER REQUIREMENTS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4858MM.98), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 in its entirety.
Amend further Section 50-11-1920, SECTION 2, page 2, by deleting beginning on line 31 /director of livestock-poultry health programs of/ and inserting / State Livestock-Poultry Health Commission or/
Renumber sections to conform.
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 4754 be read the third time tomorrow.
The following Bill was taken up.
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".
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7287AC.98), which was adopted.
Amend the bill, as and if amended, Section 48-2-330(C), page 3, line 2, before the /. / by inserting:
/, and no more than one hundred thousand dollars may be deposited to the fund in any fiscal year/
When amended, Section 48-2-330(C), reads:
/(C) Fines and penalties must be credited to the fund until the fund reaches one hundred thousand dollars, at that time all subsequent fines and penalties must be deposited to the general fund or as otherwise prescribed by law. At no time shall the balance in the fund exceed one hundred thousand dollars, and no more than one hundred thousand dollars may be deposited to the fund in any fiscal year. /
Amend title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKES, with unanimous consent, it was ordered that H. 4693 be read the third time tomorrow.
The following Bill was taken up.
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.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7288AC.98), which was adopted.
Amend the bill, as and if amended, SECTION 1 of the bill, page 17, after line 40 by inserting:
/Section 40-23-300. (A) The board shall certify qualified applicants in accordance with the levels of certification defined in this section. In each case, the applicant must meet at least the minimum experience requirements set for the level of certification being sought. Further, each applicant must comply with the examination requirements of Regulation 51-6, relevant to the level of certification desired. Existing water treatment plant operators will continue to be allowed to hold their existing certification with all the rights and privileges of the certification. Operators working in water treatment facilities which do not change their treatment process but are reclassified may continue to operate those facilities without upgrading their certification.
(B) An applicant's education may be considered by the board in determining whether an applicant meets the experience requirements for certification.
(C) No additional fee may be charged for an operator to progress from a lower level to a higher level. However, an examination fee must be charged for each examination taken by an applicant.
(D) The level of certification for water treatment plant operators and the requirements for each level are as follows:
(1) Trainee:
(a) complete application;
(b) pay applicable fee.
(2) E-Level:
(a) hold a valid Trainee level permit;
(b) successfully complete the entry level examination;
(c) operate a water treatment facility, as defined by the department, for at least six months;
(d) be a graduate of high school or have earned a General Education Development (GED) certification.
(3) D-Level:
(a) hold a valid Trainee Level permit;
(b) successfully complete the entry level examination;
(c) operate a water treatment facility, as defined by the department, for at least one year;
(d) be a graduate of high school or have earned a General Education Development (GED) certification.
(4) C-Level:
(a) hold a valid D-Level Certificate;
(b) successfully complete the C-Level examination;
(c) operate a water treatment facility, as defined by the department, for at least two years.
(5) B-Level:
(a) hold a valid C-Level Certificate;
(b) successfully complete the B-Level examination;
(c) operate a water treatment facility, as defined by the department, for at least three years.
(6) A-Level:
(a) hold a valid B-Level Certificate;
(b) successfully complete the A-Level examination;
(c) operate a water treatment facility, as defined by the department, for at least four years.
(7) Bottle Water:
(a) pass an examination approved by the board;
(b) be a graduate of high school or have earned a General Education Development (GED) certification.
(E) A water treatment operator in charge of a public water system classified by the department as Group II must have an "E" level certification.
(F) A water treatment operator in charge of a public water system classified by the department as Group III must have a "D" level or higher certification.
(G) A water treatment operator in charge of a public water system classified by the department as Group IV must have a "C" level or higher certification.
(H) A water treatment operator in charge of a public water system classified by the department as Group V must have a "B" Level or higher certification.
(I) A water treatment operator in charge of a public water system classified by the department as Group VI must have an "A" Level certification.
(J) An operator of a public water system classified by the department as Group VII must have a bottled water certification./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4690 be read the third time tomorrow.
The following Bill was taken up.
H. 4654 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 852 -- Senators Martin, J. Verne Smith, Alexander, Wilson, Leventis, Branton, Hutto and Giese: A BILL TO AMEND CHAPTER 3, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF NATURAL RESOURCES, BY ADDING ARTICLE 9 SO AS TO CREATE THE SOUTH CAROLINA JOCASSEE GORGES ENDOWMENT FUND.
The Committee on Agriculture, Natural Resources & Environmental Affairs proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9780MM.98), which was adopted.
Amend the bill, as and if amended, by striking Section 50-3-960 as contained in SECTION 1, page 2, lines 35 through 39 and inserting:
/Section 50-3-960. The fund and income do not take the place of state appropriations or department receipts placed in the fund and must be used in accordance with Section 50-3-930(3)./
Amend the bill further, beginning after line 6 on page 3, by inserting:
/Section 50-3-1000. (A) An advisory committee to the board is established for the purpose of recommending expenditures from the fund. The advisory committee must be composed of nine members. Five members must be appointed by the Governor, two members must be appointed from the Senate by the Lieutenant Governor, and two members must be appointed from the House of Representatives by the Speaker of the House. The Governor shall appoint the chairman.
(B) The term of office of members of the advisory committee must be four years and until their successors are appointed and qualify. The initial terms of office must be staggered.
(C) The members of the advisory committee are not eligible for reimbursement for per diem, mileage, or subsistence./
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that S. 852 be read the third time tomorrow.
The following Bill was taken up.
H. 4502 -- Reps. Kelly, Keegan, Wilkins, Knotts, Sandifer, Meacham, Jordan, Hinson, Robinson, Stuart, Rice, Haskins, Riser, Barrett, Moody-Lawrence, Mullen, Rodgers and Kirsh: A BILL TO AMEND SECTION 44-7-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSON OR HEALTH CARE FACILITIES FOR WHICH A CERTIFICATE OF NEED IS REQUIRED FROM THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO REQUIRE SUCH A CERTIFICATE FOR AN OUTPATIENT METHADONE TREATMENT FACILITY.
Reps. KELLEY and KEEGAN proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4863AC.98).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 44-7-210 of the 1976 Code, as last amended by Act 511 of 1992, is further amended by adding at the end:
"(F) The department may not issue a certificate of need approval for a methadone treatment facility until licensure standards are promulgated by the department, in accordance with the Administrative Procedures Act, for these facilities. The department shall convene a study group to revise and propose licensure standards for methadone clinics. The study group shall consist of representatives of the department, the Department of Alcohol and Other Drug Abuse Services, methadone providers in South Carolina, and the Medical University of South Carolina. The licensure standards shall include standards for location of these facilities within the community. Methadone treatment facilities licensed as of January 1, 1997, must not be required to obtain a certificate of need pursuant to this section."/
Renumber sections to conform.
Amend title to conform.
Rep. KELLEY explained the amendment.
Rep. WILDER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4645 -- Reps. Klauber, Young, Jennings, Scott, Mullen, Beck, Maddox, Miller and Hawkins: A BILL TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO OWN OR KEEP IN HIS POSSESSION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21346SD.98).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Items (1) and (2) of Section 61-6-1500 of the 1976 Code, as added by Act 415 of 1996, are amended to read:
"(1) sell, offer for sale, barter, exchange, give, transfer, or deliver or permit to be sold, bartered, exchanged, given, transferred, or delivered alcoholic liquors in less quantities than two one hundred milliliters;
(2) own or keep in his possession alcoholic liquors in separate containers containing less than two one hundred milliliters;"/
Amend title to read:
/TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO SELL OR DELIVER OR OWN OR KEEP IN HIS POSSESSION./
Renumber sections to conform.
Amend totals to conform.
Rep. KLAUBER explained the amendment.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3897 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9700JM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-27-510 of the 1976 Code is amended to read:
"Section 38-27-510. The amount recoverable by the liquidator from reinsurers may not be reduced as a result of delinquency proceedings, regardless of any provision in the reinsurance contract or other agreement. Payment made directly to an insured or other creditor does not diminish the reinsurer's obligation to the insurer's estate except: when the reinsurance contract provided for direct coverage of a named insured and the payment was made in discharge of that obligation.
(1) where the contract or other written agreement specifically provides another payee of the reinsurance in the event of the insolvency of the ceding insurer; or
(2) where the assuming insurer, with the consent of the direct insured, has assumed the policy obligations of the ceding insurer as direct obligations of the assuming insurer to the payees under the policies and in substitution for the obligations of the ceding insurer to the payees.
The reinsurance is payable under contracts reinsured by the assuming insurer on the basis of reported claims allowed in the liquidation proceedings, subject to court approval, without diminution because of the insolvency of the ceding insurer.
The domiciliary liquidator of an insolvent ceding insurer shall give written notice to the assuming insurer of the pendency of a claim against the ceding insurer on the contract reinsured within a reasonable time after the claim is filed in the liquidation proceeding. During the pendency of the claim, an assuming insurer may investigate the claim and interpose, at its own expense in the proceeding where the claim is to be adjudicated, any defenses which it considers available to the ceding insurer or its liquidator. This expense is chargeable, subject to court approval, against the insolvent ceding insurer as part of the expense of liquidation to the extent of a proportionate share of the benefit which may accrue to the ceding insurer solely as a result of the defense undertaken by the assuming insurer. Where two or more assuming insurers are involved in the same claim and a majority in interest elect to interpose a defense to the claim, the expense must be apportioned in accordance with the terms of the reinsurance agreement as though the expense had been incurred by the ceding insurer."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3897 be read the third time tomorrow.
The following Bill was taken up.
S. 535 -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE THAT GENETIC INFORMATION PERTAINING TO ACCIDENT AND HEALTH INSURANCE SHALL BE PRIVATE UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH SUCH INFORMATION MAY BE USED AND DISCLOSED, AND TO PROVIDE CERTAIN CIVIL REMEDIES FOR VIOLATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9768JM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 38 of the 1976 Code is amended by adding:
Section 38-93-10. As used in this chapter:
(1) 'Genetic characteristic' means any scientifically or medically identifiable gene or chromosome, or alteration thereof, which is known to be a cause of disease or disorder, or determined to be associated with a statistically increased risk of development of a disease or disorder and which is asymptomatic of any disease or disorder.
(2) 'Genetic information' means information about genes, gene products, or genetic characteristics derived from an individual or a family member of the individual. 'Gene product' is a scientific term that means messenger RNA and translated protein. For purposes of this chapter, genetic information shall not include routine physical measurements; chemical, blood, and urine analysis, unless conducted purposely to diagnose a genetic characteristic; tests for abuse of drugs; and tests for the presence of the human immunodeficiency virus.
(3) 'Genetic test' means a laboratory test or other scientifically or medically accepted procedure for determining the presence or absence of genetic characteristics in an individual.
Section 38-93-20. (A) No person when issuing, renewing, or reissuing a policy, contract, or plan of accident and health insurance providing hospital, medical and surgical, or major medical coverage on an expense incurred basis, providing a corporate health services plan, or providing a health care plan for health care services by a health maintenance organization, on the basis of any genetic information obtained concerning an individual or on the individual's request for genetic services, with respect to such policy, contract, or plan shall:
(1) terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual;
(2) cancel or refuse to renew the coverage of an individual;
(3) exclude an individual from coverage;
(4) impose a waiting period prior to commencement of coverage of an individual;
(5) require inclusion of a rider that excludes coverage for certain benefits and services; or
(6) establish differential in premium rates for coverage.
(B) In addition, no discrimination must be made in the fees or commissions of an agent or agency for an enrollment, a subscription, or the renewal of an enrollment or subscription of a person on the basis of a person's genetic characteristics which under some circumstances may be associated with disability in that person or that person's offspring.
(C) Accident and health insurance as used in this chapter does not include accident-only, blanket accident and sickness, specified disease, credit, dental, vision, Medicare supplement, long-term care, or disability-income insurance; coverage issued as a supplement to liability or other insurance; coverage designed solely to provide payments on a per diem, fixed indemnity or nonexpense incurred basis, coverage for Medicare or Medicaid services pursuant to a contract with state or federal government, workers' compensation or similar insurance; or automobile medical payment insurance.
Section 38-93-30. All genetic information obtained before or after the effective date of this chapter must be confidential and must not be disclosed to a third party in a manner that allows identification of the individual tested without first obtaining the written informed consent of that individual or a person legally authorized to consent on behalf of the individual, except that genetic information may be disclosed without consent:
(1) as necessary for the purpose of a criminal or death investigation, a criminal or judicial proceeding, an inquest, or a child fatality review, or for purposes of the State DNA Database established by Section 23-3-610;
(2) to determine the paternity of a person pursuant to Section 20-7-954;
(3) pursuant to an order of a court of competent jurisdiction specifically ordering disclosure of the genetic information;
(4) where genetic information concerning a deceased individual will assist in medical diagnosis of blood relatives of the decedent;
(5) to a law enforcement or other authorized agency for the purpose of identifying a person or a dead body; or
(6) as specifically authorized or required by a state or federal statute.
A provider of accident and health insurance may not require a person to consent to the disclosure of genetic information to the insurer as a condition for obtaining accident and health insurance.
Section 38-93-40. It is unlawful to perform a genetic test on tissue, blood, urine, or other biological sample taken from an individual without first obtaining specific informed consent to the test from the individual, or a person legally authorized to consent on behalf of the individual, unless the test is performed:
(1) by or for a law enforcement agency in a criminal investigation, or for the State DNA Database as provided in Sections 23-3-620 through 23-3-640;
(2) for purposes of identifying a person or a dead body;
(3) to establish paternity as provided by Section 20-7-954;
(4) for use in a study in which the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study; or
(5) pursuant to a statute or court order specifically requiring that the test be performed.
Section 38-95-50. Agents and insurance support organizations are subject to the provisions of this chapter to the extent of their participation in the issue, reissue, or renewal of a policy, contract, or plan of accident and health insurance.
Section 38-91-60. (A) Any violation of this chapter is an unfair trade practice as defined in Section 39-5-20 and is subject to the provisions of Sections 39-5-110 to 39-5-160.
(B) Any individual who is injured by a person's violation of this chapter may recover in a court of competent jurisdiction the following remedies:
(1) equitable relief, which may include a retroactive order, directing the person to provide health insurance appropriate to the injured individual under the same terms and conditions as would have applied had the violation not occurred; and
(2) an amount equal to any actual damages suffered by the individual as a result of the violation.
(C) The prevailing party in an action under this section may recover costs and reasonable attorneys' fees."
SECTION 2. This act takes effect one hundred eighty days after approval by the Governor./
Amend title to conform.
Rep. MASON explained the amendment.
The amendment was then adopted.
Rep. MASON explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MASON, with unanimous consent, it was ordered that S. 535 be read the third time tomorrow.
The following Bill was taken up.
H. 3896 -- Rep. Kirsh: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.
The Committee on Labor, Commerce and Industry proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9635JM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The purpose of Section 38-9-200 of the 1976 Code is to protect the interests of insureds, claimants, ceding insurers, assuming insurers, and the public generally. The General Assembly declares that its intent in enacting this code section is to ensure adequate regulation of insurers and reinsurer and adequate protection for those to whom they owe obligations. In furtherance of this state interest, the General Assembly provides a mandate that upon the insolvency of a non-U.S. insurer or reinsurer that provides security to fund its United States obligations in accordance with this code section, the assets representing the security must be maintained in the United States and claims must be filed with and valued by the state insurance regulator with regulatory oversight, and the assets shall be distributed in accordance with the insurance laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic United States insurance companies. The General Assembly declares that the matters contained in this code section are fundamental to the business of insurance in accordance with 15 U.S.C. Sections 1011 and 1012.
SECTION 2. Section 38-9-200 of the 1976 Code, as amended by Act 370 of 1994, is further amended to read:
"Section 38-9-200. (A) Credit for reinsurance must be allowed a domestic ceding insurer as an asset or a deduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of subsection (B), (C), (D), (E), or (F). If meeting the requirements of subsection (D) or (E), the requirements of subsection (G) must be met also.
(B) Credit must be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this State or approved as a reinsurer by the director or designee provided by Section 38-5-60.
(C) Credit must be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this State. An accredited reinsurer is one which:
(1) files with the director or designee evidence of its submission to this state's jurisdiction;
(2) submits to this state's authority to examine its books and records;
(3) is licensed to transact insurance or reinsurance in at least one state, or for a United States branch of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance, in at least one state;
(4) pays an initial submission fee of four hundred dollars and annually pays a four hundred dollar fee by March first;
(5) files annually with the director or designee a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement and:
(a) maintains a surplus as regards policyholders of not less than twenty million dollars and whose accreditation has not been denied by the director or designee within ninety days of its submission; or
(b) maintains a surplus as regards policyholders of less than twenty million dollars and whose accreditation has been approved by the director or designee. No credit is allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the director or designee after notice and hearing.
(D) Credit must be allowed when the reinsurance is ceded to an assuming insurer which is domiciled and licensed in, or for a United States branch of an alien assuming insurer is entered through, a state which employs standards regarding credit for reinsurance substantially similar to those applicable under this statute, and the assuming insurer or United States branch of an alien assuming insurer:
(1) maintains a surplus as regards policyholders of not less than twenty million dollars;
(2) submits to the authority of this State to examine its books and records. However, the requirement of item (1) does not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system.
(E)
(1) Credit must be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, defined in Section 38-9-220(B), for the payment of the valid claims of its United States policyholders and ceding insurers and their assigns and successors in interest. The assuming insurer shall report annually to the director or his designee information substantially the same as that required to be reported on the National Association of Insurance Commissioners annual statement form by licensed insurers to enable the director or his designee to determine the sufficiency of the trust fund. For a single assuming insurer, the trust must consist of a trusteed account representing the assuming insurer's liabilities attributable to business written in the United States and, in addition, the assuming insurer shall maintain a trusteed surplus of not less than twenty million dollars. For a group including incorporated and individual unincorporated underwriters, the trust must consist of a trusteed account representing the group's liabilities attributable to business written in the United States and, in addition, the group shall maintain a trusteed surplus of which one hundred million dollars must be held jointly for the benefit of United States ceding insurers of a member of the group. The incorporated members of the group must not be engaged in any business other than underwriting as a member of the group and are subject to the same level of solvency regulation and control by the group's domiciliary regulator as are the unincorporated members. The group shall make available to the director or his designee an annual certification of the solvency of each underwriter by the group's domiciliary regulator and its independent public accountants.
(2) For a group of incorporated insurers under common administration which complies with the filing requirements contained in item (1), has transacted continuously an insurance business outside the United States for at least three years immediately before making application for accreditation, submits to this state's authority to examine its books and records and bears the expense of the examination, and has aggregate policyholders' surplus of ten billion dollars, the trust must be in an amount equal to the group's several liabilities attributable to business ceded by United States ceding insurers to a member of the group pursuant to reinsurance contracts issued in the name of the group. The group also shall maintain a joint trusteed surplus of which one hundred million dollars must be held jointly for the benefit of United States ceding insurers of a member of the group as additional security for liabilities. Each member of the group shall make available to the director or designee an annual certification of the member's solvency by the member's domiciliary regulator and its independent public accountant.
(3) The trust must be established in a form approved by the director or designee. The trust instrument must provide that contested claims must be valid and enforceable upon the final order of a court of competent jurisdiction in the United States. The trust must vest legal title to its assets in the trustees of the trust for its United States policyholders and ceding insurers and their assigns and successors in interest. The trust and the assuming insurer are subject to examination determined by the director or designee. The trust must remain in effect for as long as the assuming insurer has outstanding obligations due under the reinsurance agreements subject to the trust.
(4) No later than February twenty-eighth each year the trustees of the trust shall report to the director or designee in writing setting forth the balance of the trust and listing the trust's investments at the preceding year end and shall certify the date of termination of the trust, if so planned, or certify that the trust may not expire before the next following December thirty-first.
(F) Credit must be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of subsection (B), (C), (D), or (E) but only with respect to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction.
(G) If the assuming insurer is not licensed or accredited to transact insurance or reinsurance in this State, the credit permitted by subsections (D) and (E) must not be allowed unless the assuming insurer agrees in the reinsurance agreements:
(1) that when the assuming insurer fails to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of a court of competent jurisdiction in a state of the United States, comply with all requirements necessary to give the court jurisdiction, and abide by the final decision of the court or of an appellate court in an appeal;
(2) to designate the director or designee or a designated attorney as its true and lawful attorney upon whom may be served lawful process in an action, a suit, or a proceeding instituted by or on behalf of the ceding company. This subsection does not conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes if an obligation is created in the agreement.
(H) The director may promulgate regulations to implement the provisions of this section and Section 38-9-210.
(A) Credit for reinsurance shall be allowed a domestic ceding insurer as an asset or a reduction from liability on account of reinsurance ceded only when the reinsurer meets the requirements of subsection (B), (C), (D), (E), or (F). Credit only shall be allowed under subsections (B), (C), or (D) of this section as respects cessions of those kinds or classes of business which the assuming insurer is licensed or otherwise permitted to write or assume in its state of domicile or, in the case of a United States branch of a alien assuming insurer, in the state through which it is entered and licensed to transact insurance or reinsurance. If meeting the requirements of subsection (D) or (E), the requirements of subsection (G) also shall be met.
(B) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is licensed to transact insurance or reinsurance in this State or approved as a reinsurer by the director or designee provided by Section 38-5-60.
(C) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which is accredited as a reinsurer in this State. An accredited reinsurer is one which:
(1) files with the director or designee evidence of its submission to this state's jurisdiction;
(2) submits to this state's authority to examine its books and records;
(3) is licensed to transact insurance or reinsurance in at least one state, or for a United States branch of an alien assuming insurer is entered through and licensed to transact insurance or reinsurance, in at least one state;
(4) pays an initial submission fee of four hundred dollars and annually pays a four hundred dollar fee by March first;
(5) files annually with the director or designee a copy of its annual statement filed with the insurance department of its state of domicile and a copy of its most recent audited financial statement and:
(a) maintains a surplus as regards policyholders of not less than twenty million dollars and whose accreditation has not been denied by the director or designee within ninety days of its submission; or
(b) maintains a surplus as regards policyholders of less than twenty million dollars and whose accreditation has been approved by the director or designee. No credit is allowed a domestic ceding insurer if the assuming insurer's accreditation has been revoked by the director or designee after notice and hearing.
(D)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer that is domiciled in, or in the case of a U.S. branch of an alien assuming insurer is entered through, a state that employs standards regarding credit for reinsurance substantially similar to those applicable under this statute and the assuming insurer or U.S. branch of an alien assuming insurer:
(a) maintains a surplus as regards policyholders in an amount not less than $20,000,000 and
(b) submits to the authority of this State to examine its books and records.
(2) The requirement of Section (D)(1)(a) does not apply to reinsurance ceded and assumed pursuant to pooling arrangements among insurers in the same holding company system.
(E)(1) Credit shall be allowed when the reinsurance is ceded to an assuming insurer which maintains a trust fund in a qualified United States financial institution, defined in Section 38-9-220(B), for the payment of the valid claims of its United States ceding insurers and their assigns and successors in interest. To enable the director to determine the sufficiency of the trust fund, the assuming insurer shall report annually to the director or his designee information substantially the same as that required to be reported on the National Association of Insurance Commissioners annual statement form by licensed insurers. The assuming insurer shall submit to examination of its books and records by the director and bear the expense of examination.
(2)(a) Credit for reinsurance shall not be granted under this subsection (E) unless the form of the trust and any amendments to the trust have been approved by:
(i) the insurance commissioner of the state where the trust is domiciled; or
(ii) the insurance commissioner of another state who, pursuant to the terms of the trust instrument, has accepted principal regulatory oversight of the trust.
(b) The form of the trust and any trust amendments also shall be filed with the commissioner of every state in which the ceding insurer beneficiaries of the trust are domiciled. The trust instrument shall provide that contested claims shall be valid and enforceable upon the final order of a court of competent jurisdiction in the United States. The trust must vest legal title to assets in the trustees of the trust for the benefit of the assuming insurers' United States ceding insurers, and their assigns and successors in interest. The trust and the assuming insurer are subject to examination as determined by the director or his designee.
(c) The trust shall remain in effect for as long as the assuming insurer has outstanding obligations due under the reinsurance agreements subject to the trust. No later than February twenty-eighth of each year the trustees of the trust shall report to the director or designee in writing setting forth the balance of the trust and listing the trust's investments at the preceding year end and shall certify the date of termination of the trust, if so planned, or certify that the trust may not expire before the next following December thirty-first.
(3) The following requirements apply to the following categories of assuming insurers:
(a) The trust fund for a single assuming insurer consists of funds in trust in an amount not less than the assuming insurer's liabilities attributable to reinsurance ceded by United States ceding insurers, and in addition, the assuming insurer shall maintain a trusteed surplus of not less than twenty million dollars.
(b)(i) In the case of a group including incorporated and individual unincorporated underwriters:
(I) For reinsurance ceded under reinsurance agreements with an inception, amendment, or renewal date on or after August 1, 1995, the trust consists of a trusteed account in an amount not less than the group's several liabilities attributable to business ceded by United States domiciled ceding insurers to any member of the group;
(II) For reinsurance ceded under reinsurance agreements with an inception date on or before July 31, 1995, and not amended or renewed after that date, notwithstanding the other provisions of this section, the trust consists of a trusteed account in an amount not less than the group's several insurance and reinsurance liabilities attributable to business written in the United States; and
(III) In addition to these trusts, the group shall maintain in trust a trusteed surplus of which one hundred million dollars is held jointly for the benefit of the United States domiciled ceding insurers of any member of the group for all years of account; and
(ii) The incorporated members of the group shall not be engaged in any business other than underwriting as a member of the group and shall be subject to the same level of regulation and solvency control by the group's domiciliary regulator as are the unincorporated members.
(iii) The group, within ninety days after its financial statements are due to be filed with the group's domiciliary regulator, shall provide to the director an annual certification by the group's domiciliary regulator of the solvency of each underwriter member or if a certification is unavailable, financial statements prepared by independent public accountants of each underwriter member of the group.
(c) In the case of a group of incorporated underwriters under common administration, the group shall:
(i) have continuously transacted an insurance business outside the United States for at least three years immediately before making application for accreditation;
(ii) maintain aggregate policyholders' surplus of at least ten billion dollars;
(iii) maintain a trust fund in an amount not less than the group's several liabilities attributable to business ceded by United States domiciled ceding insurers to any member of the group pursuant to reinsurance contracts issued in the name of the group;
(iv) in addition, maintain a joint trusteed surplus of which one hundred million dollars must be held jointly for the benefit of United States domiciled ceding insurers of any member of the group as additional security for these liabilities; and
(v) within ninety days after its financial statements are due to be filed with the group's domiciliary regulator, make available to the director an annual certification of each underwriter member's solvency by the member's domiciliary regulator and financial statements of each underwriter member of the group prepared by its independent public accountant.
(F) Credit shall be allowed when the reinsurance is ceded to an assuming insurer not meeting the requirements of subsections (B), (C), (D), or (E) but only as to the insurance of risks located in jurisdictions where the reinsurance is required by applicable law or regulation of that jurisdiction.
(G) If the assuming insurer is not licensed or accredited to transact insurance or reinsurance in this State, the credit permitted by subsections (D) and (E) shall not be allowed unless the assuming insurer agrees in the reinsurance agreements:
(1) that when the assuming insurer fails to perform its obligations under the terms of the reinsurance agreement, the assuming insurer, at the request of the ceding insurer, shall submit to the jurisdiction of a court of competent jurisdiction in a state of the United States, comply with all requirements necessary to give the court jurisdiction, and abide by the final decision of the court or of an appellate court in an appeal;
(2) to designate the director or designee or a designated attorney as its true and lawful attorney upon whom may be served lawful process in an action, a suit, or a proceeding instituted by or on behalf of the ceding company. This subsection does not conflict with or override the obligation of the parties to a reinsurance agreement to arbitrate their disputes if an obligation is created in the agreement.
(H) If the assuming insurer does not meet the requirements of subsections (B), (C), or (D), the credit permitted by subsection (E) shall not be allowed unless the assuming insurer agrees in the trust agreements to the following conditions:
(1) Notwithstanding any other provisions in the trust instrument, if the trust fund is inadequate because it contains an amount less than the amount required by subsection (E)(3), or if the grantor of the trust has been declared insolvent or placed into receivership, rehabilitation, liquidation, or similar proceedings under the laws of its state or country of domicile, the trustee shall comply with an order of the commissioner with regulatory oversight over the trust or with an order of a court of competent jurisdiction directing the trustee to transfer to the commissioner with regulatory oversight all of the assets of the trust fund.
(2) The assets shall be distributed by and claims shall be filed with and valued by the commissioner with regulatory oversight in accordance with the laws of the state in which the trust is domiciled that are applicable to the liquidation of domestic insurance companies.
(3) If the commissioner with regulatory oversight determines that the assets of the trust fund or any part of them are not necessary to satisfy the claims of the United States ceding insurers of the grantor of the trust, the assets or part of them shall be returned by the commissioner with regulatory oversight to the trustee for distribution in accordance with the trust agreement.
(4) The grantor shall waive any right otherwise available to it under United States law that is inconsistent with this provision.
(I) The director may promulgate regulations to implement the provisions of this section and Section 38-9-210."
SECTION 3. Section 38-9-210 of the 1976 Code, as amended by Section 535 of Act 181 of 1993, is further amended to read:
"Section 38-9-210. A An asset or a reduction from liability for the reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of Section 38-9-200 must be allowed in an amount not exceeding the liabilities carried by the ceding insurer. The reduction must be in the amount of funds held by or on behalf of the ceding insurer, including funds held in trust for the ceding insurer, under a reinsurance contract with the assuming insurer as security for the payment of obligations, if the security is held in the United States subject to withdrawal solely by and under the exclusive control of the ceding insurer or, for a trust, held in a qualified United States financial institution, defined in Section 38-9-220(B). This security may be in the form of:
(1) cash;
(2) securities listed by the Securities Valuation Office of the National Association of Insurance Commissioners and qualifying as admitted assets under Section 38-11-100;
(3) clean, irrevocable, unconditional letters of credit issued or confirmed by a qualified United States financial institution defined in Section 38-9-220(A) no later than December thirty-first of the year for which filing is being made and in the possession of, or in trust for, the ceding company on or before the filing date of its annual statement. Letters of credit meeting applicable standards of issuer acceptability as of the dates of their issuance or confirmation, notwithstanding the issuing or confirming institution's subsequent failure to meet applicable standards of issuer acceptability, continue to be acceptable as security until their expiration, extension, renewal, modification, or amendment, whichever first occurs; or
(4) other form of security acceptable to the director or designee."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and order to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3896 be read the third time tomorrow.
The following Bill was taken up.
H. 4378 -- Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown, Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser, Moody-Lawrence, Walker and Meacham: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1998" INCLUDING PROVISIONS TO ADD SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
Rep. COTTY explained the Bill.
Rep. COTTY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Reps. BREELAND, EDGE, TROTTER, PHILLIPS, FLEMING, BECK and KIRSH withdrew their requests for debate on H. 3758; however, other requests for debate remained upon the Bill.
Rep. SIMRILL withdrew his request for debate on the following Joint Resolution whereupon an objection was raised by Rep. SCOTT.
H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.
Rep. KNOTTS withdrew his request for debate on H. 4360; however, other request for debate remained upon the Bill.
Reps. COOPER, SPEARMAN and McCRAW withdrew their requests for debate on the following Bill.
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.
Rep. LEACH withdrew his request for debate on H. 4360; however, other requests for debate remained upon the Bill.
Reps. WOODRUM, SHARPE, WEBB and BARRETT withdrew their objections to H. 3033; however, other objections remained upon the Bill.
On motion of Rep. QUINN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
H. 4644 -- Reps. Quinn and Harrison: A JOINT RESOLUTION TO REQUIRE THE STATE TO SET ASIDE $1,500,000 ANNUALLY TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES.
On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4770 -- Reps. Witherspoon, R. Smith, J. Hines, Mason, McLeod, Kelley, Miller, T. Brown, Keegan, Sheheen, Clyburn, Battle, Quinn, Davenport, Littlejohn, Walker, Edge, Harrison, Mack, Koon, Limehouse, Dantzler, Whatley and Riser: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO AS TO ESTABLISH A POINT SYSTEM FOR WATERCRAFT VIOLATIONS, TO PROVIDE FOR A PROCEDURE FOR SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON WHO ACCUMULATES A SPECIFIC NUMBER OF POINTS, TO REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS TO THE DEPARTMENT OF NATURAL RESOURCES, TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A WATERCRAFT WHILE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATION.
Rep. LANFORD, with unanimous consent, withdrew his objection to H. 3033; however, other objections remained upon the Bill.
Rep. SCOTT asked unanimous consent to recall H. 3256 from the Committee on Ways and Means.
Rep. SIMRILL objected.
Rep. LOFTIS, with unanimous consent, withdrew his objection to the following Bill.
H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Rep. KNOTTS asked unanimous consent to recall H. 4587 from the Committee on Education and Public Works.
Rep. TOWNSEND objected.
Rep. KELLEY, with unanimous consent, withdrew his objection to the following Bill.
H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
Reps. LOFTIS and LAW, with unanimous consent, withdrew their requests for debate on the following Bill.
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.
Rep. LEACH, with unanimous consent, withdrew his objection to the following Bill.
H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
The Senate amendments to the following Bill were taken up for consideration.
H. 4637 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY
Rep. CATO proposed the following Amendment No. 1A (Doc Name P:\AMEND\DKA\4865SD.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 40-2-30 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"Section 40-2-30. (A) It is unlawful for a person to hold himself out as a certified public accountant or to use the title 'certified public accountant' or the designation 'CPA' in this State unless the person has obtained a certificate of registration from the South Carolina Board of Accountancy as provided in this article. It is unlawful for a partnership to hold itself out as a partnership of certified public accountants unless it is registered with the South Carolina Board of Accountancy and:
(1) At least one general partner is a certified public accountant of this State in good standing;
(2) Each partner personally engaged within this State in the practice of public accounting as a member of the partnership is a certified public accountant of this State in good standing;
(3) Each partner is a certified public accountant in good standing of some state of the United States;
(4) (2) Each resident manager in charge of an office of the firm in this State is a certified public accountant of this State in good standing. Application for registration must be made upon the affidavit of a general partner of the partnership who is a certified public accountant of this State in good standing. The board shall determine whether the applicant is eligible for registration. A partnership which is registered may use the words 'certified public accountants' or the designation 'CPA's' in connection with its partnership name. Notification must be given the board, within one month, after the admission to or withdrawal of a partner from a registered partnership.
(B) No person may assume or use the title or designation 'certified public accountant' in conjunction with names indicating or implying that there is a partnership or in conjunction with the designation 'and Company' or 'and Co.' or a similar designation if there is in fact no bona fide partnership; however, a sole proprietor or partnership lawfully using that title or designation in conjunction with names or designation on July 1, 1965, may continue to do so if the person or partnership otherwise complies with this article."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-2-55. A certified public accountant may charge a contingency fee or commission, or both, for performing services under this chapter if the client and the certified public accountant enter into a separate written contract, executed by both parties, specifying the terms of the contingency fee or commission, or both, for each transaction to be conducted. No contingency fee or commission is payable or enforceable in the absence of a clearly executed written contract."
SECTION 3. The fourth unnumbered paragraph of Section 40-2-190 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"A candidate for the certificate of certified public accountant who has successfully completed the examination required under Section 40-2-170 has no status as a certified public accountant unless and until he has the requisite experience and has received his certificate as a certified public accountant. The experience required is either:
(1) two years of accounting experience in public, governmental, or private employment under the direct supervision and review of a certified public accountant licensed to practice accounting in some state or territory of the United States or the District of Columbia;
(2) five years' experience teaching accounting in a college or university recognized by the board; or
(3) a combination of experience determined by the board to be substantially equivalent to items (1) and (2). The experience must include experience satisfactory to the board, in applying generally accepted auditing standards to financial statements prepared in accordance with generally accepted accounting principles; however, this experience shall not require a minimum number of hours in auditing financial statements."
SECTION 4. Section 40-2-380 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"Section 40-2-380. (A) The board shall promulgate regulations implementing the requirements and reporting for continuing education which must be met by certified public accountants, public accountants, and accounting practitioners. The board shall require no less than sixty hours of continuing educational activities in a two-year period; however, this continuing education requirement shall not prescribe a minimum number of hours in accounting and/or auditing subjects. The board shall require compliance with the regulations as a prerequisite to the issuance of a current license to practice as a certified public accountant, public accountant, or accounting practitioner. The requirements may be waived by the board in individual cases for good cause.
In promulgating these regulations, the board shall recognize the following as meeting the continuing educational requirements:
(1) professional development programs of national and state accounting organizations. Only class hours, or the equivalent, and not students' hours devoted to preparation are counted;
(2) technical sessions at meetings of national and state accounting organizations and their chapters;
(3) courses offered by colleges, universities, technical education centers, and other appropriate educational institutions, including credit and noncredit courses. Each semester-hour credit equals fifteen hours toward the requirement; each quarter-hour credit equals ten hours. In noncredit courses, each classroom hour equals one qualifying hour.
(4) other activities, methods, procedures, devices, and programs which, in the opinion of the board, contribute directly to the professional competence of the licensee.
(B) The board also shall promulgate regulations for forms of practice, contingent fees, and commissions which shall conform to the professional standards of the American Institute of Certified Public Accountants as of December 31, 1996, or the National Association of Boards of Accountancy, or both."
SECTION 5. Within ninety days of this act's effective date, the Board of Accountancy shall promulgate the regulations required by Section 40-2-380(B), as contained in SECTION 4 of this act.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The SPEAKER granted Rep. KEEGAN a leave of absence for the remainder of the day.
Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4710 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME A PORTION OF EAST FARLEY AVENUE LOCATED IN THE CITY OF LAURENS AS THE "ISAAC WHITE AVENUE" IN HONOR OF ISAAC WHITE, A LONG-TIME EDUCATOR AND COMMUNITY LEADER, AND TO ERECT APPROPRIATE SIGNS TO THAT EFFECT.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4709 -- Reps. Stoddard, Wilder and Carnell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO DESIGNATE AND NAME THE HIGHWAY 127 BYPASS IN LAURENS COUNTY AS THE "WILLIAM L. PATTERSON HIGHWAY" IN HONOR OF WILLIAM L. PATTERSON, A FORMER HIGHWAY COMMISSIONER FROM LAURENS COUNTY AND TO ERECT THE APPROPRIATE SIGNS.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4563 -- Reps. Sandifer and Barrett: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT EXIT ONE AT ITS NORTHBOUND ENTRANCE ALONG INTERSTATE HIGHWAY 85 IN OCONEE COUNTY THAT INFORM MOTORISTS THAT THE CITY OF SENECA MAY BE ACCESSED FROM THIS EXIT.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4457 -- Reps. Rodgers, Tripp, Altman, Littlejohn, Simrill, Meacham, Hinson, Allison, Bowers, Stuart, H. Brown, Loftis, Harrell, Witherspoon, Kennedy, Young-Brickell, Spearman, Barfield, McCraw, Kirsh, Davenport, Phillips, Kelley, Walker, Boan, Beck, Cato, Mason, Leach, Hamilton and Limehouse: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE CONSTITUTION OF THE UNITED STATES AND SUBMIT TO THE STATES FOR RATIFICATION AN AMENDMENT TO REQUIRE ALL FEDERAL COURT JUDGES TO BE RECONFIRMED BY THE UNITED STATES SENATE EVERY TEN YEARS, AND TO ENACT LEGISLATION ACCORDINGLY.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4728 -- Reps. Battle, Witherspoon, Barfield, M. Hines and Miller: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO RENAME THE GALIVANT'S FERRY PUBLIC BOAT LANDING IN MARION COUNTY AS THE JOSEPH W. HOLLIDAY BOAT LANDING.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4677 -- Rep. Barfield: A CONCURRENT RESOLUTION URGING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND SPECIFICALLY THE HONORABLE STROM THURMOND AND THE HONORABLE FLOYD SPENCE TO SUPPORT AND EXPEDITE THE UPGRADE OF COLONEL LOGAN E. WESTON'S DISTINGUISHED SERVICE CROSS TO THE CONGRESSIONAL MEDAL OF HONOR.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4679 -- Rep. Barfield: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SECRETARY OF DEFENSE TO REESTABLISH CIVILIAN CONTROL OVER THE MILITARY DEPARTMENTS AND EFFECTIVE CUSTODIANSHIP OVER THE ARMY NATIONAL GUARD AND TO MEMORIALIZE CONGRESS TO SUPPORT AND MONITOR THE SECRETARY OF DEFENSE IN THESE MATTERS AND TO PROVIDE FOR CERTAIN SENIOR NATIONAL GUARD OFFICERS TO BE OF SUFFICIENT RANK AND AUTHORITY TO PARTICIPATE IN THE DEFENSE BUDGETING PROCESS.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4619 -- Reps. Wilkins, D. Smith, Lanford, Haskins, Harrell, Campsen, Whipper, Kirsh, Mason, Meacham, Young-Brickell, Miller, Wilder, Koon, Littlejohn, Bauer, Easterday, Sandifer, Seithel, Hamilton, T. Brown, Hinson, Delleney, Dantzler, Woodrum, Jordan, Moody-Lawrence, McGee, McKay, Quinn, Simrill, Altman, Felder, Sharpe, Edge, Clyburn, Klauber, Inabinett, Battle, Hawkins, Lloyd, Harrison, Riser and Scott: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 14, THE STATE RETIREMENT SYSTEMS INVESTMENT SAFEGUARDS ACT, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS IN EQUITY SECURITIES OF AMERICAN CORPORATIONS THAT ARE REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEMS, TO LIMIT TOTAL EQUITY INVESTMENTS TO NO MORE THAN FORTY PERCENT OF THE MARKET VALUE OF THE ASSETS OF A RETIREMENT SYSTEM, TO ESTABLISH THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING THE DELEGATION OF ITS FUNCTIONS OR THOSE OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN ANNUAL INVESTMENT PLAN AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL IN DEVELOPING AND IMPLEMENTING THE PLAN, TO PROVIDE REPORTING AND DISCLOSURE REQUIREMENTS, TO PRESCRIBE THE DUTIES AND RESPONSIBILITIES OF FIDUCIARIES WITH RESPECT TO THE RETIREMENT SYSTEM, INCLUDING MATTERS RELATING TO CONFLICTS OF INTEREST, EDUCATION REQUIREMENTS, AND INSURANCE AND PROVIDE FOR CIRCUMSTANCES IN WHICH THE FREEDOM OF INFORMATION ACT DOES NOT APPLY WITH RESPECT TO DELIBERATIONS ON THE ANNUAL INVESTMENT PLAN; TO AMEND SECTION 9-1-1310, RELATING TO THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE STATE RETIREMENT SYSTEM AND AUTHORIZED INVESTMENTS, SO AS SPECIFICALLY TO AUTHORIZE THE FUNDS OF THE RETIREMENT SYSTEM TO BE INVESTED IN EQUITY SECURITIES, AND TO PROVIDE FOR THE SEVERABILITY OF THIS ACT IF ANY PART IS HELD INVALID.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4621 -- Rep. Boan: A BILL TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PENSION UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE THE BENEFITS PAID UNDER THIS PROGRAM TO BE ADJUSTED TO REFLECT INCREASES IN THE COST OF LIVING IN THE MANNER BENEFIT PAYMENTS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ADJUSTED.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4672 -- Reps. Edge, Kelley, Keegan and Mullen: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN AND A VACATION MULTIPLE OWNERSHIP INTEREST.
Ordered for consideration tomorrow.
Rep. H. BROWN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Ordered for consideration tomorrow.
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
H. 4845 -- Reps. Carnell and McAbee: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 10, 1998.
Be it resolved by the House of Representatives:
That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 10, 1998.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4846 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6, SO AS TO REQUIRE ALL PERSONAL PROPERTY TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY, INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS, TO PROVIDE THE PROPERTY TAX YEAR WHEN THIS SEPARATE LEVY FIRST APPLIES, TO REQUIRE THE 1998 MILLAGE RATE TO BE ADJUSTED ANNUALLY SO THAT REVENUE RAISED BY THE TAX ON PERSONAL PROPERTY DOES NOT EXCEED THE REVENUE RAISED BY THE 1998 MILLAGE RATE, AND TO MAKE A CONFORMING AMENDMENT.
Without reference.
H. 4847 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-460 SO AS TO PROVIDE FOR A PHASED-IN EXEMPTION FOR THE PROPERTY TAX ON PERSONAL PROPERTY BEGINNING WITH THE MILLAGE IMPOSED ON MOTOR VEHICLES FOR SCHOOL OPERATING PURPOSES EXTENDING OVER TIME TO ALL PROPERTY TAXES ON ALL PERSONAL PROPERTY, TO ESTABLISH THE MOTOR VEHICLE AND PERSONAL PROPERTY TAX RELIEF TRUST FUND AND REQUIRE A CUMULATIVE FIFTEEN PERCENT OF RECURRING GENERAL FUND REVENUE GROWTH TO BE CREDITED TO THE FUND TO REIMBURSE LOCAL TAXING ENTITIES FOR PERSONAL PROPERTY TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION PROVIDED BY THIS SECTION, TO REQUIRE LOCAL TAXING ENTITIES TO ADJUST MILLAGE IMPOSED ON PERSONAL PROPERTY ANNUALLY SO THAT THE AMOUNT RAISED BY THE MILLAGE AND THE REIMBURSEMENT IN TOTAL DO NOT EXCEED 1998 TAX YEAR PERSONAL PROPERTY TAX REVENUES, TO PRESCRIBE THE ORDER OF THE VARIOUS TAX LIABILITIES TO WHICH THE EXEMPTION APPLIES, TO PROVIDE FOR REIMBURSEMENTS TO LOCAL TAXING ENTITIES WHEN ALL PERSONAL PROPERTY IS WHOLLY EXEMPT FROM PROPERTY TAX, TO PROVIDE THAT PROPERTY EXEMPTED FROM PROPERTY TAX BY THIS SECTION NEVERTHELESS IS CONSIDERED TAXABLE PROPERTY AT ITS 1998 ASSESSED VALUE FOR PURPOSES OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE APPROPRIATE DEFINITIONS.
Without reference.
H. 4848 -- Rep. Boan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-58-185 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT AN EXTENSION OF TIME FOR PAYMENT OF AN AMOUNT DUE TO AN INNOCENT TAXPAYER AND ALLOW THE REQUIREMENT OF A BOND; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO PROHIBIT THE PREPARATION OF A TAX RELATED DOCUMENT BY ONE WHO HAS BEEN CONVICTED OF PREPARING A FRAUDULENT TAX DOCUMENT AND TO PROVIDE PENALTIES FOR ONE WHO VIOLATES THE PROHIBITION; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS AND EXCEPTIONS FOR ASSESSMENT OF A TAX OR FEE, SO AS TO ALLOW A CORPORATE TAXPAYER NINETY DAYS TO REPORT TO THE DEPARTMENT OF REVENUE AN ADJUSTMENT IN THE TAXPAYER'S TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE TAX COLLECTION, SO AS TO ALLOW THE NOTICE TO INCLUDE LATER TAX DEBTS; AND TO REPEAL SECTION 12-54-140 RELATING TO REPORTING REQUIREMENTS FOR INTERNAL REVENUE SERVICE ADJUSTMENTS IN TAXABLE INCOME AND SECTION 12-58-140, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO ENTER INTO AN INSTALLMENT PLAN FOR PAYMENT BY A TAXPAYER.
Referred to Committee on Ways and Means.
H. 4849 -- Rep. Boan: A BILL TO AMEND ARTICLE 5, CHAPTER 21, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF TOBACCO, AMMUNITION, AND PLAYING CARDS, BY ADDING SECTION 12-21-830 SO AS TO PROVIDE FOR REGULAR REPORTING AND PAYMENT OF TAXES ON CIGARETTES AND TOBACCO PRODUCTS; TO AMEND SECTION 12-21-660, AS AMENDED, RELATING TO LICENSING REQUIREMENTS FOR ENGAGING IN THE TOBACCO BUSINESS, SO AS TO INCLUDE CIGARETTES AND TOBACCO PRODUCTS; TO AMEND SECTION 12-21-735, AS AMENDED, RELATING TO PAYMENT OF LICENSE TAX ON CIGARETTES, SO AS TO INCLUDE TOBACCO PRODUCTS AND TO INCLUDE PAYMENT BY PERSONS WHO SELL OR POSSESS FOR SALE CIGARETTES AND TOBACCO PRODUCTS FOR USE OR CONSUMPTION; TO AMEND SECTION 12-21-760, RELATING TO THE INTENT OF THE STAMP AND BUSINESS TAX, SO AS TO PROVIDE THAT ONCE SUCH TAXES HAVE BEEN PAID ON CIGARETTES AND TOBACCO PRODUCTS, NO FURTHER TAX IS REQUIRED; TO AMEND SECTION 12-21-780, AS AMENDED, RELATING TO TAX ON TOBACCO PRODUCTS SO AS TO EXPRESSLY INCLUDE CIGARETTES; TO AMEND SECTION 12-21-800, AS AMENDED, RELATING TO THE DEFINITION OF TOBACCO PRODUCTS, SO AS TO DELETE CERTAIN CROSS REFERENCES; AND TO REPEAL SECTION 12-21-610, RELATING TO LIABILITY FOR TAX ON THE SALE OF TOBACCO, AMMUNITION, AND PLAYING CARDS; TO REPEAL SECTION 12-21-750, RELATING TO CERTAIN RETAIL DEALERS FURNISHING DUPLICATE INVOICES; TO REPEAL SECTION 12-21-770, RELATING TO LIABILITY FOR TAX ON THE SALE AND DISTRIBUTION OF CERTAIN ITEMS; TO REPEAL SECTION 12-21-810, RELATING TO THE DEFINITION OF DISTRIBUTOR OF TOBACCO PRODUCTS.
Referred to Committee on Ways and Means.
H. 4850 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PORTION OF A TRUST DISTRIBUTION TO A NONRESIDENT BENEFICIARY FOR TAX PURPOSES, SO AS TO EXEMPT ALSO DISTRIBUTIONS TO A NONRESIDENT BENEFICIARY WHO IS EXEMPT FROM TAXATION UNDER SECTION 501 OF THE INTERNAL REVENUE CODE AND A NONRESIDENT BENEFICIARY WHO SUBMITS TO THIS STATE'S JURISDICTION FOR DETERMINING TAX LIABILITY; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING OF A PORTION OF THE PURCHASE PRICE BY A BUYER WHEN THE SELLER IS A NONRESIDENT, SO AS TO FURTHER PROVIDE FOR THE PROPERTY WHICH IS SUBJECT TO THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-8-1030, RELATING TO AN INCORRECT WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO ESTABLISH PROCEDURES FOR THE EMPLOYER, EMPLOYEE, AND DEPARTMENT OF REVENUE FOR DETERMINATION OF THE CORRECT NUMBER OF EXEMPTIONS AND APPEAL OF THAT DETERMINATION AND TO GIVE EMPLOYERS UNTIL MARCH 31, 1999, TO COMPLY; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH A WRONGFUL CLAIM OF WITHHOLDING EXEMPTIONS, SO AS TO CHANGE THE REFERENCE TO CHAPTER 8 INSTEAD OF CHAPTER 9, TO INCREASE THE MAXIMUM FINE TO ONE THOUSAND DOLLARS, AND TO MAKE THE OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-46, RELATING TO THE FILING OF A FALSE WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO DELETE THE MAXIMUM LIMIT ON THE FINE; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING AN EMPLOYER WITH FALSE OR FRAUDULENT INFORMATION AS TO THE NUMBER OF EXEMPTIONS.
Referred to Committee on Ways and Means.
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
Referred to Committee on Ways and Means.
H. 4852 -- Rep. Boan: A BILL TO AMEND SECTION 4-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF LOCAL SALES AND USE TAX REVENUES, SO AS TO ALLOW LOCAL OPTION SALES TAX CREDIT AGAINST LIABILITY TO PAY FEES IN LIEU OF PROPERTY TAXES; TO AMEND SECTION 4-10-90, AS AMENDED, RELATING TO ADMINISTRATION AND COLLECTION OF LOCAL SALES AND USE TAX BY THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT ALLOCATIONS MADE BY ERROR IN THE CITY OR COUNTY CODE BE CORRECTED PROSPECTIVELY; AND TO AMEND SECTION 4-12-20, RELATING TO LEASE AGREEMENTS BETWEEN LOCAL POLITICAL UNITS AND ANOTHER PARTY AND PROVISION FOR FEES IN LIEU OF TAXES, SO AS TO INCLUDE COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, WATER AND SEWER AUTHORITIES AND OTHER POLITICAL SUBDIVISIONS AS LESSORS FOR PURPOSES OF FEE IN LIEU OF TAX PROVISIONS.
Referred to Committee on Ways and Means.
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
Referred to Committee on Ways and Means.
H. 4854 -- Reps. Boan and R. Smith: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-45-420 SO AS TO ALLOW A COUNTY TREASURER TO WAIVE OR REDUCE TAX PENALTIES, BUT NOT INTEREST; BY ADDING SECTION 12-49-85 SO AS TO PROVIDE A PROCEDURE FOR REMOVAL OF UNCOLLECTIBLE AD VALOREM PROPERTY TAXES FROM THE PROPERTY TAX LIST; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXATION, SO AS TO DELETE THE LIMIT ON THE REASSESSMENT MILLAGE RATE FOR REAL AND PERSONAL PROPERTY; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO ASSESSMENT RATIOS FOR PROPERTY TAXATION, SO AS TO REQUIRE THE RECORDING OF A CONTRACT OF SALE WHEN THE FOUR PERCENT ASSESSMENT RATE ON A LEGAL RESIDENCE IS CLAIMED PURSUANT TO A CONTRACT OF SALE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS ON ASSESSMENT OF TAXES AND FEES, SO AS TO ESTABLISH THAT PROPERTY TAX ASSESSMENT OCCURS ON THE LATER OF THE LAST DAY THE TAX MAY BE PAID OR THE DATE OF THE TAX NOTICE; TO AMEND SECTION 12-60-2520, RELATING TO A TAXPAYER'S WRITTEN REQUEST TO MEET WITH THE ASSESSOR, SO AS TO REQUIRE CORRECTION OF THE ASSESSMENT UPON DETERMINATION THAT TAXPAYER'S WRITTEN REQUEST IS MERITORIOUS; TO AMEND SECTION 12-60-2550, RELATING TO APPEAL OF AN ASSESSMENT, SO AS TO ESTABLISH AN INTEREST RATE OF ONE-HALF OF ONE PERCENT EACH MONTH TO BE COLLECTED IN SPECIFIED CIRCUMSTANCES; TO AMEND SECTION 12-60-2910, AS AMENDED, RELATING TO A TAXPAYER'S REQUEST TO MEET WITH THE AUDITOR, SO AS TO FURTHER PROVIDE FOR WHEN THE OBJECTION TO THE TAX AND A REQUEST FOR A MEETING WITH THE AUDITOR MUST BE MADE; AND TO REPEAL SECTION 12-43-225 RELATING TO APPLICATIONS FOR SPECIAL ASSESSMENT RATIOS AND SECTION 12-49-80 RELATING TO COLLECTION OF BACK TAXES BY THE STATE WITHIN TEN YEARS OF THEIR DUE DATE.
Referred to Committee on Ways and Means.
H. 4855 -- Reps. Haskins, Whatley, Sandifer, Neilson, Barfield, Mason, Tripp, Inabinett, Altman, Barrett, T. Brown, Allison, J. Hines, Littlejohn, Neal, Wilder, Knotts, Cato, Loftis, Vaughn, Wilkins, McCraw, Easterday, Keegan, Leach, Davenport, Stoddard, McMahand, Hamilton, Phillips, F. Smith, H. Brown, Young-Brickell, Limehouse, Clyburn, Lloyd, Robinson, Trotter, Klauber, Lanford, Harrison, Koon, Townsend, Rice, Meacham, Edge, Riser and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-15 SO AS TO PROHIBIT A ZONING ORDINANCE OF A MUNICIPALITY OR COUNTY FROM PROHIBITING CHURCH RELATED ACTIVITIES IN A SINGLE-FAMILY RESIDENCE.
Rep. HASKINS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. SCOTT objected.
Referred to Committee on Judiciary.
H. 4856 -- Reps. Delleney and Wilkins: A BILL TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE THAT ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT, TRANSCRIPT, APPLICATION MATERIALS, AND ALL INFORMATION GATHERED DURING THE COMMISSION'S INVESTIGATION MUST BE KEPT CONFIDENTIAL AND DESTROYED AND IS EXEMPT FROM DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT; AND TO AMEND SECTION 2-19-50, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS, SO AS TO REMOVE WITHDRAWN CANDIDATES FROM THE PROVISIONS OF THIS SECTION AND PROVIDE THAT INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL ALSO IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT.
On motion of Rep. DELLENEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4857 -- Rep. Askins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-725 SO AS TO PROVIDE THAT NO JET SKIS MAY BE OPERATED IN ANY PORTION OF THE LYNCHES RIVER THAT HAS BEEN DESIGNATED AS A SCENIC RIVER, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
The following Bill was taken up.
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.
Rep. KIRSH proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21359HTC.98), which was adopted.
Amend the bill, as and if amended, by striking Section 25-11-40, as contained in SECTION 1, and inserting:
/"Section 25-11-40. (A) For the purpose of this section, 'veteran' means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable pursuant to Title 38 of the United States Code. A county veterans affairs officer position may be filled by a qualified veteran or by a qualified nonveteran if the veteran being considered has lesser qualifications.
(B) Subject to the recommendation of a majority of the senators representing the county and a majority of the House members representing the county, the Director of the Division of Veterans' Affairs shall appoint a county veterans affairs officer for each county in the State, whose terms term of office shall begin on the effective date appointed when filling an unexpired term and continue until July first in the odd-numbered year. Thereafter, the ensuing term of office shall begin July first of each odd-numbered year and shall continue for a term of two years and until their his successors shall be successor is appointed. Any such county veterans affairs officer must be a qualified veteran who served on active duty and was discharged or released from such active duty with an honorable discharge; otherwise, a county veterans affairs officer may be a qualified nonveteran, if any veteran being considered for the post has lesser qualifications. Any such county veterans affairs officer shall be is subject to removal for cause at any time by a majority of the senators representing the county and a majority of the House members representing the county.
(C) All county veterans affairs officers must successfully complete a comprehensive course of training and be issued accreditation within two years following initial appointment, either through the Division of Veterans' Affairs or through an accredited national veterans service organization. A training council from the S.C. Association of County Veterans' Affairs officers, in conjunction with the Division of Veterans' Affairs, or through an accredited national veterans service organization, shall develop the training criteria. Training and accreditation must be provided by the Division of Veterans' Affairs or through an accredited national veterans service organization. Any county veterans affairs officer who does not complete the required training and receive accreditation within the first two years following appointment is ineligible for reappointment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required annually.
(D) (1) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
(2) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(3) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Reps. BECK, R. SMITH, SHARPE, MASON and CLYBURN proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15531AC.98), which was adopted.
Amend the bill, as and if amended, by striking Section 25-11-40, as contained in SECTION 1, and inserting:
/"Section 25-11-40. (A) For the purpose of this section, 'veteran' means a person who served in the active military, naval, or air service and who was discharged or released under conditions other than dishonorable pursuant to Title 38 of the United States Code. A county veterans affairs officer position may be filled by a qualified veteran or by a qualified nonveteran if the veteran being considered has lesser qualifications.
(B) Subject to the recommendation of a majority of the senators legislative delegation representing the county and a majority of the House members representing the county, the Director of the Division of Veterans' Affairs shall appoint a county veterans affairs officer for each county in the State, whose terms term of office shall begin on the effective date appointed when filling an unexpired term and continue until July first in the odd-numbered year in which an incumbency of four years is recognized. Thereafter, the ensuing term of office shall begin July first of each odd-numbered year and shall continue for a term of two four years and until their his successors shall be successor is appointed. Any such county veterans affairs officer must be a qualified veteran who served on active duty and was discharged or released from such active duty with an honorable discharge; otherwise, a county veterans affairs officer may be a qualified nonveteran, if any veteran being considered for the post has lesser qualifications. Any such county veterans affairs officer shall be is subject to removal for cause at any time by a majority of the senators legislative delegation representing the county and a majority of the House members representing the county.
(C) All county veterans affairs officers must successfully complete a comprehensive course of training and be issued accreditation within two years following initial appointment, either through the Division of Veterans' Affairs or through an accredited national veterans service organization. A training council from the S.C. Association of County Veterans' Affairs officers, in conjunction with the Division of Veterans' Affairs, or through an accredited national veterans service organization, shall develop the training criteria. Training and accreditation must be provided by the Division of Veterans' Affairs or through an accredited national veterans service organization. Any county veterans affairs officer who does not complete the required training and receive accreditation within the first two years following appointment is ineligible for reappointment by the county legislative delegation. Additionally, in order to maintain accreditation, refresher training is required annually.
(D)(1) In Berkeley County, appointments made pursuant to this section are governed by the provisions of Act 159 of 1995.
(2) In Dorchester County, appointments made pursuant to this section are governed by the provisions of Act 512 of 1996.
(3) In Georgetown County, appointments made pursuant to this section are governed by the provisions of Act 515 of 1996."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BECK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BREELAND, with unanimous consent, it was ordered that H. 3758 be read the third time tomorrow.
The following Bill was taken up.
H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: A BILL TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES, AND TO CREATE AN ADVISORY COUNCIL TO THE PROGRAM.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1A (Doc Name P:\AMEND\PSD\7283AC.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Emergency Medical Services for Children Section 44-61-300. This article may be cited as the Children's Emergency Medical Services Act.
Section 44-61-310. As used in this article:
(1) 'Advanced life support' means an advanced level of pre-hospital, interhospital, and emergency service care which includes basic life support functions, cardiac monitoring, cardiac defibrillation, telemetered electrocardiography, administration of antiarrhythmic agents, intravenous therapy, administration of specific medications, drugs and solutions, use of adjunctive ventilation devices, trauma care, and other techniques and procedures authorized by the department pursuant to regulations.
(2) 'Basic life support' means a basic level of pre-hospital care which includes patient stabilization, airway clearance, cardiopulmonary resuscitation, hemorrhage control, initial wound care and fracture stabilization, and other techniques and procedures authorized by the department pursuant to regulations.
(3) 'Coordinator' means the person coordinating the EMSC Program within the Department of Health and Environmental Control.
(4) 'Department' means the Department of Health and Environmental Control.
(5) 'Director' means the director of the Department of Health and Environmental Control.
(6) 'EMSC Program' means the Emergency Medical Services for Children Program established pursuant to this article and other relevant programmatic activities conducted by the department in support of appropriate treatment, transport, and triage of ill or injured children.
(7) 'Emergency medical services personnel' means persons trained and certified or licensed to provide emergency medical care, whether on a paid or volunteer basis, as part of a basic life support or advanced life support pre-hospital emergency care service or in an emergency department or pediatric critical care or specialty unit in a licensed hospital.
(8) 'Pre-hospital care' means the provision of emergency medical care or transportation by trained and certified or licensed emergency medical services personnel at the scene of an emergency and while transporting sick or injured persons to a medical care facility or provider.
Section 44-61-320. There is established within the Department of Health and Environmental Control, Division of Emergency Medical Services, the Emergency Medical Services for Children Program.
Section 44-61-330. (A) The EMSC Program shall include, but is not limited to, the establishment of:
(1) initial and continuing education programs for emergency medical services personnel that include training in the emergency care of infants and children;
(2) guidelines for referring children to the appropriate emergency treatment facility;
(3) pediatric equipment guidelines for pre-hospital care;
(4) pediatric equipment guidelines for emergency departments;
(5) guidelines for pediatric trauma centers;
(6) an interhospital transfer system for critically ill or injured children;
(7) in conjunction with the South Carolina Data Oversight Council, the collection and analysis of statewide pediatric emergency and critical care medical services data from emergency and critical care medical services for the purpose of quality improvement by these facilities and services, subject to the confidentiality requirements of Section 44-61-350;
(8) injury prevention programs for parents;
(9) public education programs on accessing the emergency medical services system and what to do until the emergency medical services personnel arrive.
(B) In gathering statewide pediatric emergency and critical care medical services data, the department shall rely upon, to the extent possible, data from existing sources; however, the department may contact families and physicians for the purpose of gathering additional data and providing information on available public and private resources. Information requested from a physician's office must be obtained pursuant to chapter 115. Patient contact following data received from the State Budget and Control Board Office of Research and Statistics must be done in accordance with regulations approved by the South Carolina Data Oversight Council and promulgated by the Office of Research and Statistics.
Section 44-61-340. (A) The identities of patients, emergency and critical care medical services personnel, and emergency and critical care medical services facilities mentioned, referenced, or otherwise appearing in information or data collected or prepared by or in connection with the EMSC Program must be treated as strictly confidential. The identities of these persons or entities are not available to the public under the Freedom of Information Act or discoverable or admissible in any administrative, civil, or criminal proceeding. An individual in attendance at any such proceeding may not be required to testify as to the identity of any such person or entity. No person, medical facility, or other organization providing or releasing information in accordance with this article may be held liable in a civil or criminal action for divulging confidential information unless the individual or organization acted in bad faith or with malicious purpose.
(B) The identity of a patient, physician, or hospital is confidential and may not be released except that the identity of a patient may be released upon informed written consent of the patient or the patient's legal guardian or legal representative; the identity of a physician may be released upon written consent of the physician; and the identity of a hospital may be released upon written consent of the hospital.
(C) Information must not be released except to:
(1) appropriate staff of the Division of Emergency Medical Services within the Department of Health and Environmental Control, South Carolina Data Oversight Council, and State Budget and Control Board, Office of Research and Statistics;
(2) submitting hospitals or their designees;
(3) a person engaged in a research project approved pursuant to Section 44-61-350 except that no information identifying a subject of a report or a reporter may be made available to a researcher unless consent is obtained pursuant to this section.
(D) For purposes of maintaining the data base collected pursuant to this article, the department and the Office of Research and Statistics may both access and provide access to appropriate confidential data reported in accordance with Section 44-6-170.
(E) A person subject to this article who intentionally fails to comply with reporting, confidentiality, or disclosure requirements of this article is subject to a civil penalty of not more than one hundred dollars for a violation the first time a person fails to comply and not more than five thousand dollars for a subsequent violation.
SECTION 2. Sections 44-61-10 through 44-61-150 of the 1976 Code are designated as Article 1, Chapter 61, Title 44 entitled 'Emergency Medical Services'.
SECTION 3. This act takes effect upon approval by the Governor."/
Amend totals and title to conform.
Rep. WILDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 3033 be read the third time tomorrow.
H. 4855--RECALLED FROM THE COMMITTEE ON JUDICIARY
On motion of Rep. HASKINS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
H. 4855 -- Reps. Haskins, Whatley, Sandifer, Neilson, Barfield, Mason, Tripp, Inabinett, Altman, Barrett, T. Brown, Allison, J. Hines, Littlejohn, Neal, Wilder, Knotts, Cato, Loftis, Vaughn, Wilkins, McCraw, Easterday, Keegan, Leach, Davenport, Stoddard, McMahand, Hamilton, Phillips, F. Smith, H. Brown, Young-Brickell, Limehouse, Clyburn, Lloyd, Robinson, Trotter, Klauber, Lanford, Harrison, Koon, Townsend, Rice, Meacham, Edge, Riser and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-15 SO AS TO PROHIBIT A ZONING ORDINANCE OF A MUNICIPALITY OR COUNTY FROM PROHIBITING CHURCH RELATED ACTIVITIES IN A SINGLE-FAMILY RESIDENCE.
The motion period was dispensed with on motion of Rep. CROMER.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 13, Rep. McLEOD having the floor.
H. 4360 -- Reps. Limehouse, Wilkins, 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, Easterday, Mason, Young-Brickell and J. Smith: 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.
Reps. D. SMITH and LITTLEJOHN proposed the following Amendment No. 13 (Doc Name P:\AMEND\JIC\5407SD.98), which was tabled.
Amend the bill, as and if amended, by striking subsection (A) of Section 44-48-80 of the 1976 Code, as contained in SECTION 1, and inserting:
/(A) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a determination that the person is a sexually violent predator is made by a jury, the determination must be by unanimous verdict of the jury. This determination may be appealed. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Corrections for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Corrections. At all times, persons committed for control, care, and treatment by the Department of Corrections pursuant to this chapter must be kept in a secure facility and these persons must be segregated at all times from other persons under the supervision of the department. Persons committed pursuant to this chapter must be kept in a facility or building separate from any other person under the supervision of the department. For purposes of fulfilling its duties and responsibilities under the provisions of this chapter, the Department of Corrections may contract with the Department of Mental Health to provide such services as it may require. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release. Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility including, but not limited to, a county jail, until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued./
Amend title to conform.
Rep. McLEOD continued speaking.
Rep. LITTLEJOHN spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Barrett Bauer Beck Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Gamble Harrell Harrison Haskins Hawkins Hinson Jordan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limehouse Loftis Maddox Mason McAbee McCraw McKay McMaster Meacham Miller Quinn Rice Riser Sandifer Seithel Sharpe Simrill Smith, F. Smith, R. Tripp Trotter Vaughn Webb Whatley Whipper Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Bailey Baxley Bowers Brown, G. Brown, J. Byrd Canty Clyburn Cobb-Hunter Cromer Davenport Harvin Hines, J. Hines, M. Inabinett Kennedy Lanford Littlejohn Lloyd Mack Martin McGee McLeod McMahand Moody-Lawrence Mullen Neal Neilson Phillips Robinson Rodgers Scott Smith, D. Smith, J. Spearman Stille Stoddard Townsend Walker Wilder Wilkes
So, the amendment was tabled.
I was called into the lobby and was not able to vote on Amendment No. 13 to H. 4360. Had I voted, I would have voted to table the amendment.
Rep. RONALD N. FLEMING
Reps. LANFORD, DAVENPORT and LIMEHOUSE proposed the following Amendment No. 15 (Doc Name P:\AMEND\GGS\22039CM.98), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Section 59-24-60 of the 1976 Code, as added by act 299 of 1994, is amended to read:
"Section 59-24-60. In addition to other provisions required by law or by regulation of the State Board of Education, both public and private school administrators personnel must contact law enforcement authorities immediately upon notice in their official capacity that a person is engaging or has engaged in sexually abusive or sexual predatory activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy."/
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
Rep. HARRISON raised a Point of Order that Amendment No. 15 was out of order in that it was not germane to the Bill.
Rep. LANFORD argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. BAXLEY proposed the following Amendment No. 16 (Doc Name P:\AMEND\GJK\21353MM.98), which was tabled.
Amend the committee report, as and if amended, in Section 44-48-80(A), as contained in SECTION 1, page 4360-16, line 36, by deleting /may/ and inserting /must/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
Rep. McGEE raised a Point of Order that Amendment No. 16 was out of order in that it was identical to an amendment which had been previously proposed.
Rep. BAXLEY argued contra.
SPEAKER WILKINS overruled the Point of Order.
Rep. BAXLEY continued speaking.
Rep. HARRISON 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:
Altman Barfield Barrett Bauer Beck Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gamble Harrell Harrison Haskins Hawkins Hinson Jordan Kelley Kinon Klauber Knotts Koon Law Leach Limehouse Loftis Mason McAbee McCraw McGee McKay McMaster Meacham Phillips Quinn Rice Riser Sandifer Seithel Sharpe Simrill Smith, R. Stille Townsend Tripp Trotter Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Askins Bailey Battle Baxley Bowers Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Davenport Govan Hamilton Harvin Hines, J. Hines, M. Inabinett Kennedy Kirsh Lanford Lee Littlejohn Lloyd Mack Martin McLeod McMahand Miller Moody-Lawrence Neal Neilson Rodgers Scott Smith, F. Smith, J. Spearman Walker Whipper Wilder Wilkes
So, the amendment was tabled.
Rep. BAXLEY proposed the following Amendment No. 18 (Doc Name P:\AMEND\JIC\5427DW.98), which was tabled.
Amend the bill, as and if amended, beginning on page 7, by striking lines 17 through 42 and on page 8, by striking lines 1 through 7 and inserting:
/Section 44-48-80. (A) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a determination that the person is a sexually violent predator is made by a jury, the determination must be by unanimous verdict of the jury. This determination may be appealed. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody and control of the Department of Corrections. Care and treatment must be provided in the Department of Mental Health until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. At all times, persons committed for care and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility and these persons must be segregated at all times from other patients under the supervision of the Department of Mental Health. Persons committed pursuant to this chapter must be kept in a facility or building separate from any other patient under the supervision of the Department of Corrections. Persons who are in the confinement of the Department of Corrections authorized by this chapter must be kept in a secure facility and must so far as practical and to the degree possible be housed and managed separately from offenders in the custody of the Department of Corrections./
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. NEAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Barfield Barrett Bauer Beck Brown, H. Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Kelley Kinon Kirsh Klauber Knotts Koon Law Leach Limehouse Loftis Maddox Mason McAbee McCraw McGee McKay McMaster Meacham Mullen Phillips Quinn Rice Riser Sandifer Seithel Simrill Smith, R. Tripp Trotter Webb Whatley Whipper Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Bailey Battle Baxley Bowers Brown, G. Brown, J. Brown, T. Byrd Cave Clyburn Cobb-Hunter Cromer Davenport Govan Harvin Hines, J. Hines, M. Inabinett Kennedy Lanford Lee Littlejohn Lloyd Mack Martin McLeod McMahand Miller Moody-Lawrence Neal Neilson Rodgers Scott Smith, D. Smith, J. Spearman Stille Stoddard Walker Wilder Wilkes
So, the amendment was tabled.
Rep. D. SMITH proposed the following Amendment No. 19 (Doc Name P:\AMEND\JIC\5428DW.98), which was tabled.
Amend the report of the Committee on Judiciary, as and if amended, page 4360-4, line 42, by inserting after /confined/:
/ or previously charged /.
Amend title to conform.
as and if amended, by
Rep. D. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment.
Rep. D. SMITH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins Bailey Barfield Barrett Beck Brown, H. Brown, T. Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Kinon Kirsh Klauber Koon Lanford Law Leach Limehouse Loftis Mason McAbee McCraw McGee McKay McMahand McMaster Quinn Riser Sandifer Seithel Sharpe Smith, F. Smith, R. Stille Townsend Trotter Vaughn Webb Whatley Whipper Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allison Battle Bauer Baxley Boan Bowers Brown, J. Byrd Cave Clyburn Cobb-Hunter Cromer Davenport Govan Harvin Hines, J. Hines, M. Inabinett Kennedy Lee Littlejohn Lloyd Maddox McLeod Meacham Miller Moody-Lawrence Mullen Neal Neilson Rice Rodgers Scott Simrill Smith, D. Spearman Walker Wilder Wilkes Woodrum Young
So, the amendment was tabled.
Reps. MOODY-LAWRENCE and CANTY proposed the following Amendment No. 4, which was tabled.
The facility constructed to accommodate the sexually violent predator will be operated by the South Carolina Department of Corrections and the Department of Mental Health.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. HARRISON 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 Bailey Barfield Barrett Battle Bauer Baxley Beck Brown, H. Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Loftis Maddox Mason McAbee McGee McKay McMaster Meacham Miller Mullen Phillips Quinn Rice Sandifer Seithel Sharpe Simrill Smith, R. Stille Townsend Trotter Walker Webb Whipper Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, G. Brown, J. Byrd Cave Clyburn Cobb-Hunter Cromer Harvin Hines, J. Hines, M. Howard Inabinett Kennedy Lee Lloyd Mack McLeod McMahand Moody-Lawrence Neal Neilson Scott Smith, F. Wilder Wilkes
So, the amendment was tabled.
I was out of the chamber during the roll call for Amendment No. 4 to H. 4360. My vote was to table Amendment No. 4.
Rep. JAMES EMERSON SMITH, JR.
Reps. MOODY-LAWRENCE, PINCKNEY and BYRD proposed the following Amendment No. 7 (Doc Name P:\AMEND\BBM\9770SD.98), which was ruled out of order.
Amend the bill, as and if amended, by striking subsection (A) of Section 44-48-80 of the 1976 Code, as contained in SECTION 1, and inserting:
/(A) The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If a determination that the person is a sexually violent predator is made by a jury, the determination must be by unanimous verdict of the jury. This determination may be appealed. If the court or jury determines that the person is a sexually violent predator, the person must be committed to the custody of the Department of Corrections for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person is safe to be at large and has been released pursuant to this chapter. The control, care, and treatment must be provided at a facility operated by the Department of Corrections. At all times, persons committed for control, care, and treatment by the Department of Corrections pursuant to this chapter must be kept in a secure facility and these persons must be segregated at all times from other persons under the supervision of the department. Persons committed pursuant to this chapter must be kept in a facility or building separate from any other person under the supervision of the department. For purposes of fulfilling its duties and responsibilities under the provisions of this chapter, the Department of Corrections may contract with the Department of Mental Health to provide such services as it may require. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct the person's release. Upon a mistrial, the court shall direct that the person be held at an appropriate secure facility including, but not limited to, a county jail, until another trial is conducted. A subsequent trial following a mistrial must be held within ninety days of the previous trial, unless the subsequent trial is continued./
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. HARRISON raised a Point of Order that Amendment No. 7 was out of order in that it was identical to Amendment No. 13 which had been previously tabled.
Rep. MOODY-LAWRENCE argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Reps. MOODY-LAWRENCE and CANTY proposed the following Amendment No. 8 (Doc Name P:\AMEND\BBM\9774SD.98), which was tabled.
Amend the bill, as and if amended, Section 44-48-80, page 7, beginning on line 27, by deleting:
/The control, care, and treatment must be provided at a facility operated by the Department of Mental Health. / and inserting:
/The control, care, and treatment must be provided at a facility jointly operated by the Department of Mental Health and the Department of Corrections./
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. HARRISON 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:
Altman Askins Bailey Barfield Barrett Battle Bauer Beck Brown, H. Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Kelley Kinon Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Mason McAbee McCraw McGee McKay McMaster Meacham Miller Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Spearman Trotter Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Baxley Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Govan Harvin Hines, J. Hines, M. Inabinett Lee Lloyd Mack McLeod McMahand Moody-Lawrence Neal Neilson Scott Smith, F. Smith, J. Stille Wilder Wilkes
So, the amendment was tabled.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 10 (Doc Name P:\AMEND\JIC\5402MM.98), which was tabled.
Amend the bill, as and if amended, Section 44-48-80, as contained in SECTION 1, page 4360-16, by striking lines 28 through 42 and inserting:
/facility operated by the Department of Mental Health and the Department of Corrections. At all times, persons committed for control, care, and treatment by the Department of Mental Health pursuant to this chapter must be kept in a secure facility and these persons must be segregated at all times from other patients under the supervision of the Department of Mental Health. Persons committed pursuant to this chapter must be kept in a facility or building separate from any other patient under the supervision of the Department of Mental Health and must, so far as practical and to the degree possible, be housed and managed separately from offenders in the custody of the Department of Corrections. The facility shall be a separate wing of an existing prison or a separate building on an existing prison grounds. If the court or jury is/
Amend title to conform.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. MOODY-LAWRENCE proposed the following Amendment No. 5, which was tabled.
Violent sexually predators must receive mental health counseling or treatment upon their initial confinement in prison.
Rep. MOODY-LAWRENCE explained the amendment.
Rep. HARRISON 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 Bailey Barfield Barrett Battle Bauer Beck Brown, H. Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harrison Haskins Hawkins Hinson Jordan Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Mason McAbee McCraw McGee McKay McMaster Meacham Miller Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Baxley Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Govan Harvin Hines, J. Hines, M. Howard Inabinett Lee Lloyd Mack McLeod Moody-Lawrence Neal Neilson Scott Smith, F. Smith, J. Whipper Wilder
So, the amendment was tabled.
Rep. MOODY-LAWRENCE spoke against the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, H. Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hinson Jordan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMaster Meacham Miller Mullen Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, J. Byrd Canty Cave Cobb-Hunter Hines, J. Hines, M. Howard Inabinett Kennedy Lee Lloyd Mack McMahand Moody-Lawrence Neal Scott Smith, F.
So, the Bill was read the second time and ordered to third reading.
I was not in the chamber during the vote on H. 4360. However, if I was, I would have voted against the bill.
Rep. CLEMENTA C. PINCKNEY
I am very supportive of "civil" commitment of sexually violent predators for long term control after criminal commitment. I sponsored the Bill. I have grave reservations, however, of placing these civil committees under the care of the Department of Mental Health because these civil committees are criminals and not necessarily mentally ill. They should be placed in the care and control of the Department of Corrections which could in turn contract for services from the Department of Mental Health for those criminal committees who are mentally ill.
Rep. DOUG SMITH
I applaud Rep. LIMEHOUSE for his efforts to crack down on sexual predators. My vote in favor of this legislation is cast reluctantly, however, due to my amazement in the lack of support for the concept that these individuals are clearly being misplaced to the Department of Mental Health, as opposed to the Department of Corrections, which is more suitable for these offenders.
Rep. JAMES L.M. CROMER, JR.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4817 -- Rep. Harvin: A CONCURRENT RESOLUTION TO RECOGNIZE THE HISTORICAL LINKS BETWEEN BARBADOS AND THE CARIBBEAN TO SOUTH CAROLINA, AND TO COMMEND ALL THOSE WHO PARTICIPATED IN THE CULTURAL EXCHANGE BETWEEN BARBADOS AND THE STATE OF SOUTH CAROLINA, INCLUDING MS. RHODA GREEN, PRESIDENT OF THE CAROLINA CARIBBEAN ASSOCIATION, FOR THEIR EFFORTS IN STRENGTHENING THE RELATIONSHIP BETWEEN THE STATE OF SOUTH CAROLINA AND THE ISLAND OF BARBADOS.
H. 4818 -- Rep. Harvin: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING JOHN CORBETT OF MANNING ON THE OCCASION OF HIS BEING NAMED THE RECIPIENT OF THE CLARENDON COUNTY BUSINESS PERSON OF THE YEAR AWARD.
H. 4832 -- Reps. J Hines, Neilson and Baxley: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE DARLINGON COUNTY COUNCIL WOMAN WILHELMINA P. JOHNSON ON THE OCCASION OF HER BEING SELECTED AS A RECIPIENT OF THE WOMEN OF ACHIEVEMENT AWARD BY THE GOVERNOR'S OFFICE COMMISSION ON WOMEN.
H. 4773 -- Reps. A. Harris, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 15, 1998, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 1998 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
At 12:30 P.M. the House in accordance with the motion of Rep. WILDER adjourned in memory of Colonel (Retired) Benjamin F. Ivey, Sr. of Clinton, to meet at 10:00 A.M. tomorrow.
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