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:
We thank You, Heavenly Father, for the beauty of the earth in which we rejoice. May the beauty of it all which tells us of Your handiwork remind us of Your ever-abiding presence. Lift us out of the bondage of and the captivity of uncertainty as we place our hands in Yours and say: "Where You lead, we will follow." Impress upon us that You are not only our Shelter, but a way of life. Give us faith to see You, ears to hear Your Word, and wills to follow Your way.
To You, Lord, we give glory and honor. 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. NEILSON moved that when the House adjourns, it adjourn in memory of Davia Suggs of Darlington, which was agreed to.
The following was received.
Columbia, S.C., March 24, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 289:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., March 24, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3764:
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.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CHELLIS, CANTY and GAMBLE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
On motion of Rep. QUINN, with unanimous consent, the following were taken up for immediate consideration and accepted.
October 15, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Independent Banks of South Carolina wish to extend to the members of the South Carolina House of Representatives, their spouses, staff and attachés, an invitation to a reception on Tuesday, April 7, 1998, from 6:00 P.M. until 8:00 P.M. The reception will be held at The Capital City Club located in the Affinity Building in Columbia. Please call us if you have any questions.
Sincerely,
W. Roger Crook
IBSC President
April 29, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Optometric Association wishes to host a Legislative Appreciation Reception April 1, 1998, at Embassy Suites Hotel in Columbia, S.C. Beginning at 6:30 P.M. and ending at 8:30 P.M., the reception will feature food, beverages and live entertainment for the members of the S.C. General Assembly and other officers of state government.
Should there be a conflict with this date, do not hesitate to contact me at 799-6721. I will notify the committee office once a location for the reception has been confirmed.
Sincerely,
Claire L. Haltiwanger
Executive Director
January 15, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina State Firemen's Association and the Department of Labor, Licensing and Regulation, we would again this year like to invite the members of the General Assembly to join us for a Legislative Day at the South Carolina Fire Academy on Wednesday, April 1, 1998. The invitation includes a BBQ lunch which will be served from 12:00 Noon to 1:00 P.M. and a tour of the facilities including demonstrations of all the props the firefighters of South Carolina use during training and demonstrations of various activities conducted by the South Carolina Fire Academy.
South Carolina is fortunate to have a state of the art facility to train and educate our firefighters. We are extremely proud of this facility and know that you will be also. We will see that you are provided with transportation to and from the Academy which is located on Monticello Road and invite you to spend as much time with us as your schedule will allow. We look forward to seeing you on April 15.
Sincerely,
Lewis F. Gossett, Director
Tommy McDowell, President
February 24, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Association of Municipal Power Systems would like to extend an invitation to members of the South Carolina House of Representatives to attend a reception on Tuesday evening, April 14, 1998, from 6:00 P.M. to 8:00 P.M. at the Swine Arena on the State Fairgrounds.
Thanks for your help. If you have any questions, please call Nancy Walborn at the Municipal Association of South Carolina (933-1205).
Sincerely,
David Gillam
Orangeburg DPU
President
March 18, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Transportation Association of South Carolina would like to invite the members of the Senate and the House of Representatives to the Annual "Legislative Breakfast" on April 15, 1998. The breakfast will be a buffet from 8:00 A.M. - 8:45 A.M. at the Clarion Town House, 1615 Gervais Street in Columbia. There will be a very brief presentation of the associations legislative agenda and an opportunity for the Senators and Representatives to have breakfast with the leaders from their home district.
I am looking forward to seeing all of you there. If further information is required please do not hesitate to contact me at (803) 806-8400.
Sincerely,
Derek Truesdale
Executive Director
State Training Coordinator
April 11, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Clemson University Public Service and Agriculture will sponsor an appreciation social and catfish dinner from 6:00 to 8:30 P.M. on Wednesday, April 15, 1998, for all members of the South Carolina General Assembly and their staff.
The event will be held at the Woman's Club of Columbia located at 1703 Blossom Street in Columbia.
Please place this event on the House of Representatives' Calendar for 1998. If you need further information, please call Louise Newell at 864-656-3642.
Sincerely,
John W. Kelly
Vice President
September 8, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
This letter is to invite the members of the House of Representatives to a breakfast reception to kick off the Eleventh Annual Victims' Rights Week Conference. This reception will be held on Thursday, April 16, 1998, from 7:30 A.M. to 9:00 A.M. at the Adams Mark Hotel. Please place this invitation on the House Calendar.
We are anticipating over 200 victims of crime and surviving family members statewide to be in attendance. They are looking forward to meeting with their Representative.
If I may assist you further, please do not hesitate to call me.
Sincerely,
Sandi S. Wofford
State Victim Assistance Coordinator
January 29, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The National Federation of Independent Business/South Carolina cordially extends an invitation to the members of the South Carolina General Assembly to have lunch with its members as they participate in their annual "Small Business Day in the Capital."
The particulars of this event are: Tuesday, April 21, 1998
1:00 o'clock P.M.
Capital City Club
It is our wish that this invitation be accepted and placed on the Calendars of the Senate and House of Representatives.
Thank you for your kind consideration of this matter.
Sincerely,
Ann D. Burgess
Administrative Assistant-South Carolina
June 30, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Re: 5th Annual Legislative Softball Game
Sponsored by: Blue Cross Blue Shield of South Carolina
Dear Rep. Quinn:
Blue Cross Blue Shield of South Carolina has invited all members of the South Carolina General Assembly and their staff to attend and participate in the Fifth Annual Legislative Softball Game and Picnic on April 21, 1998, from 6:00-9:30 P.M. at the Capital City Bombers Stadium.
Once again, we expect this evening to be a big event and hope that everyone will come out and support their team!
Sincerely,
Ed Sellers
March 18, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The South Carolina Recreation and Park Association would like to schedule a legislative breakfast for the entire Senate and House of Representatives on April 22, 1998. The breakfast will be held in Room 206 of the Blatt building starting at 8:00 A.M. until 9:15 A.M.
Thank you for your consideration in this matter. Please send all proper paper work to the address listed below. As always, please do not hesitate to call with any questions.
Sincerely,
James E. Headley, CLP
SCRPA Executive Director
July 22, 1997
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
Annually, the South Carolina School Boards Association, the South Carolina Chamber of Commerce and the Office of the Governor co-sponsor the Governor's Conference on Education. This meeting has been held for approximately 38 years and is the largest educational meeting held annually with an audience of approximately 1,000.
The 1998 Governor's Conference is scheduled for Wednesday, April 22 at the Sheraton Hotel in Columbia. The conference begins at 9:30 A.M. with several nationally known speakers making presentations. The Legislative Luncheon begins at 12:30 P.M. We anticipate the luncheon concluding at 2:00 P.M.
It is my understanding you are holding this date for our Conference. We look forward to your official confirmation. We invite the members of the House and their spouses to the entire conference but particularly hope they can join us for the Legislative Luncheon.
Sincerely,
Jeannie M. (Sissy) Henry
Deputy Executive Director
March 18, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
April 19-25, 1998, will be South Carolina Golf Week for our great golfing state. Golf Week is sponsored by the South Carolina Golf Association and the South Carolina Junior Golf Association. It will be a week to showcase the game with an emphasis on the economic impact that golf has our State. South Carolina is now the number one golf destination in the United States which helps golf operations in South Carolina generate well over 5 million dollars in admissions taxes each year. Additionally, the golf industry in South Carolina has an overall impact of over 1.5 billion dollars in our State. You can see how important this industry is to our State.
Rick, the South Carolina Junior Golf Association would like to extend an invitation to the members of the House of Representatives and their staff to join us for a "Celebration of Golf" reception. The reception will be held on April 22, 1998, from 6:00-8:00 P.M. at the Capital City Club in Columbia. We have plans for a fun evening and hope that you will add this date to the 1998 Calendar.
We are certainly looking forward to South Carolina Golf Week and the chance to increase awareness of the importance of the golf industry to the legislature and the public.
If you need any additional information, please feel free to call my office at 732-9311.
Sincerely,
Sheay K. Noel
Director of Development SCJGA
March 23, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On behalf of the South Carolina Association of Tourism Regions (SCATR), I would like to extend an invitation to the members of the S.C. House of Representatives to a reception on Tuesday, April 28, 1998, from 6:00 to 8:00 P.M. at Sterling Garden Center.
We look forward to your being with us and having the opportunity to showcase the many visitor attractions and recreational opportunities that our great State has to offer.
Thank you for allowing us to host this function and for your hard work in the legislature.
Sincerely,
Tim Todd, Chair
Legislative Committee
February 10, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
On Wednesday, April 29, 1998, the South Carolina constituents of Alpha Kappa Alpha Sorority wish to extend to the State Senate and House of Representatives an invitation to join them for breakfast. The breakfast will be held from 8:00 A.M.-10:00 A.M. in Room 208 of the Blatt Building.
We certainly look forward to having you.
Respectfully,
Sheila McMillan
January 21, 1998
The Honorable Rick Quinn
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Quinn:
The Governmental Affairs Committee of the Association of Citadel Men, on behalf of our Citadel alumni and friends of The Citadel, cordially extend an invitation to the members of the House of Representatives, their spouses and attaches to attend the Twenty-third Annual Citadel Alumni Association Legislative Barbecue. This event is held to honor the members of the General Assembly, Constitutional Officers, Justices of the Supreme Court, Judges of the Court of Appeals, and Judges of the Circuit Court.
The 1998 barbecue is scheduled for Wednesday, April 29 in the Cantey Building on the State Fair Grounds from 6:30 P.M. to 10:00 P.M. Dress will be casual. Everyone attending must be at least 21 years of age.
We would request that this invitation be extended to the members of the House of Representatives by placing an announcement on the House Calendar. A formal invitation will be sent to you and to the members of the House about ten days prior to the barbecue.
Very truly yours,
LTC Frederick J. Whittle
President
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 920 -- Senators Lander, Courson and Giese: A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160 RELATING TO THE PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION 44-43-350 RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510 RELATING TO THE COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44 RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS AND TO CREATE THE COMMISSION ON ORGAN, TISSUE, AND EYE DONATION FOR THE PURPOSE OF ENSURING COMPLIANCE WITH FEDERAL AND STATE LAW PERTAINING TO HOSPITAL NOTIFICATION OF ORGAN DONATION AGENCIES; TO AMEND SECTION 44-43-1320 RELATING TO THE GIFT OF LIFE TRUST FUND BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130, 44-43-150, AND 44-43-390, ALL RELATING TO PROCEDURES FOR EYE DONATIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 921 -- Senators Lander, Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3830 -- Rep. J. Smith: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO ADD THE DEFINITION OF "PRIZE PROMOTION", TO PROVIDE THAT ANY TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 124 -- Senators McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3889 -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: A BILL TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "EMERGENCY SERVICES ACT" SO AS TO PROVIDE THAT PROSPECTIVE AUTHORIZATION FOR TREATMENT IN AN EMERGENCY MEDICAL FACILITY IS NOT REQUIRED IF IN THE OPINION OF THE ATTENDING PHYSICIAN TREATMENT IS NEEDED TO STABILIZE THE CONDITION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4566 -- Reps. Klauber and Scott: A BILL TO AMEND SECTION 31-3-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF SURPLUS REAL PROPERTY UNDER THE HOUSING AUTHORITIES LAW, SO AS TO ADD LANGUAGE PROVIDING THAT AN AUTHORITY'S REAL ESTATE SHALL NOT BE CONSIDERED "SURPLUS TO ITS NEEDS" WHERE THE AUTHORITY'S COMMISSIONERS HAVE MADE CERTAIN DETERMINATIONS REGARDING THE REAL ESTATE, EVEN THOUGH THE REAL ESTATE IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4737 -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 772 -- Senators Holland, Bryan and Courson: A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE THAT IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN, THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3533 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-25 SO AS TO PROVIDE THAT ACTS, RESOLUTIONS, OR LAWS OF THIS STATE ENACTED BY THE GENERAL ASSEMBLY ARE AFFORDED A PRESUMPTION OF LEGALITY AND CONSTITUTIONALITY, TO PROVIDE FOR THE BURDEN OF PROOF A PLAINTIFF MUST MEET IN SEEKING TO OVERTURN AN ACT, RESOLUTION, OR LAW OF THIS STATE, AND TO PROVIDE THAT THE ATTORNEY GENERAL, UPON CONCLUSION OF SUCH AN ACTION, PROMPTLY SHALL NOTIFY CERTAIN OFFICERS OF THE GENERAL ASSEMBLY IF A COURT DECLARES AN ACT, RESOLUTION, OR LAW UNCONSTITUTIONAL, INVALID, OR WITHOUT FORCE AND EFFECT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 1007 -- Senators Holland, McConnell and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 4706 -- Reps. Fleming, Campsen, Altman, Jennings and Cobb-Hunter: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL OF CERTAIN MOTOR VEHICLE OFFENSES THAT ACTS AS A SUPERSEDEAS, SO AS TO REVISE THE PERIOD WITHIN WHICH IMPOSITION OF THE PENALTY IS PRECLUDED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 377 -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4666 -- Reps. Campsen, Cotty, Altman, Limehouse, J. Smith, Knotts, Hinson, Littlejohn, Barrett, Young, Keegan, Stille, McMaster, Woodrum, Easterday, R. Smith, Haskins, Riser, Leach, Hamilton, Harrison and Delleney: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 332 -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3888 -- Reps. J. Smith, J. Hines, Hodges, Martin, Maddox, Miller, Byrd, Battle, Bauer, Parks and Lloyd: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO ALSO MAKE IT UNLAWFUL TO SUPPLY ROLLING PAPER AND TO MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SAME.
Ordered for consideration tomorrow.
The following was introduced:
H. 4878 -- Rep. Davenport: A HOUSE RESOLUTION TO CREATE A COMMITTEE OF FIVE MEMBERS OF THE HOUSE OF REPRESENTATIVES, APPOINTED BY THE SPEAKER OF THE HOUSE, TO INVESTIGATE AND REPORT BACK TO THE FULL MEMBERSHIP BY MAY 14, 1998, THE DETERMINATIVE CRITERIA ACTUALLY EMPLOYED BY THE MEDICAL UNIVERSITY OF SOUTH CAROLINA IN ADMITTING STUDENTS INTO ITS PROGRAMS.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
On motion of Rep. MASON, with unanimous consent, the following was taken up for immediate consideration:
H. 4879 -- Rep. Mason: A HOUSE RESOLUTION TO EXPRESS THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" BOYS BASKETBALL TEAM ON WINNING THE 1997-98 CLASS AAAA STATE BASKETBALL CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM, COACHES, AND SCHOOL OFFICIALS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MARCH 26, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER.
Whereas, the South Aiken High School Boys Basketball Team won the 1997-98 Class AAAA State Basketball Championship on Friday night, March 13, 1998, the first in school history for the boys basketball program; and
Whereas, for an agonizing moment, South Aiken High School fans wondered if the cruel hand of fate would deal them one final blow; and
Whereas, even though the rims had been unkind all night to the "Thoroughbreds", Michael Tyler's buzzer-beating layup went down to give South Aiken a stunning 45-44 come-from-behind victory over Socastee High School; and
Whereas, as time expired, the collective sigh of the Thoroughbred fans exploded into a frenzy and the Socastee High School Braves could only hang their heads in disbelief; and
Whereas, the Braves were just 3-of-8 in the final 2:32 from the free throw line and 6-of-13 on the night; and
Whereas, South Aiken High School Coach Donnie Holland had stressed all season about how important foul shooting is, especially in big, close games and he was right. For the "Thoroughbreds", the trips to the line were a more pleasant situation. On the night, South Aiken missed only 3 foul shots while going to the line 16 times; and
Whereas, for a coach like Donnie Holland to accomplish such outstanding achievements, dedication, determination, and to develop such a special caliber of athletes to perform athletically, speaks very highly of his truly gifted ability as a basketball coach; and
Whereas, the "Thoroughbreds" of South Aiken High School have also added to their school's history in the manner they finished the 1997-98 season; and
Whereas, the success of the 1997-98 boys basketball team has brought great pride and recognition not only upon South Aiken High School and its loyal and enthusiastic students and supporters, but also to the State of South Carolina as well. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of the Representatives of the State of South Carolina, by this resolution, congratulate the South Aiken High School "Thoroughbreds" Boys Basketball Team and their coaches on winning the 1997-98 Class AAAA State Basketball Championship and provide that the team, coaches, and school officials shall be granted the privilege of the floor of the House of Representatives on Thursday, March 26, 1998, at a time to be determined by the Speaker.
Be it further resolved that a copy of this resolution be presented to Coach Donnie Holland.
The Resolution was adopted.
The following was introduced:
H. 4880 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING JOHN CORBETT AND JOANNE CORBETT OF MANNING ON THE OCCASION OF THEIR BEING NAMED THE RECIPIENT OF THE CLARENDON COUNTY BUSINESS PERSON OF THE YEAR AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 927 -- Senators Drummond, Martin, Alexander, Waldrep, Giese, Wilson, Saleeby, Hayes, Leatherman, Ravenel, McConnell, Land, Leventis, Moore, Holland and Cork: A CONCURRENT RESOLUTION TO COMMEND AND THANK THE RICHARD KING MELLON FOUNDATION, THE CONSERVATION FUND, DUKE ENERGY/CRESCENT RESOURCES, INCORPORATED, THE STATE BUDGET AND CONTROL BOARD, AND THE BOARD AND DEPARTMENT OF NATURAL RESOURCES FOR THEIR ROLES IN THE STATE'S PURCHASE OF THE JOCASSEE GORGES PROPERTY AND TO REQUEST THE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES TO DEDICATE THIS AREA AS THE "JIM TIMMERMAN NATURAL RESOURCES AREA AT JOCASSEE GORGES" IN HONOR OF DR. JAMES A. TIMMERMAN, JR., DIRECTOR EMERITUS OF THE DEPARTMENT AND ONE OF THIS STATE'S MOST RESPECTED CONSERVATIONISTS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4881 -- Reps. Clyburn, Bailey, J. Brown, Cromer and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-17-25 SO AS TO REQUIRE COUNTIES TO PROVIDE SUFFICIENT PHYSICAL FACILITIES IN WHICH THE WORKERS' COMPENSATION COMMISSION MAY CONDUCT HEARINGS AT NO EXPENSE TO THE COMMISSION.
Referred to Committee on Ways and Means.
H. 4882 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO PORT OF PORT ROYAL, APPRENTICE TRAINING AND QUALIFICATION, SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2278, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4883 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO BOXING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2273, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4884 -- Rep. Harrison: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
Referred to Committee on Judiciary.
H. 4885 -- Rep. Walker: A JOINT RESOLUTION TO MAKE TIMELY A CLAIM FOR REFUND OF OVERPAYMENT OF SOUTH CAROLINA INDIVIDUAL INCOME TAX FOR THE 1986 TAXABLE YEAR WHEN THE OVERPAYMENT IS ATTRIBUTABLE TO INCLUSION ON THE TAXPAYER'S 1986 STATE INCOME TAX RETURN GAIN RECOGNIZED ON THE SALE OF REAL PROPERTY IN ANOTHER STATE.
Referred to Committee on Ways and Means.
H. 4886 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER IN SPECIFIC GAME ZONES, SO AS TO PROVIDE THAT IN GAME ZONES 1, 2, AND 4 THE DEPARTMENT OF NATURAL RESOURCES MUST PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT TO PROVIDE THAT UPPER LIMB HANDICAPPED PERSONS MAY USE A CROSSBOW FOR HUNTING AND TAKING OF DEER DURING SEASONS WHEN ARCHERY TACKLE IS USED TO HUNT AND TAKE DEER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4887 -- Reps. Meacham, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE THE TEGA CAY PRECINCT INTO TWO PRECINCTS AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
On motion of Rep. MEACHAM, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4888 -- Reps. Loftis, Sandifer, Inabinett, Woodrum, Law, Martin, Leach, Davenport, Lee, Young, Hamilton, Dantzler, Whatley, Stille, Lloyd, Witherspoon, Cato, Koon, Riser, Moody-Lawrence and Jordan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE OWNERS OR OPERATORS OF SPORTS EQUIPMENT CONSIGNMENT STORES TO KEEP RECORDS OF GOODS PURCHASED OR RECEIVED FOR CONSIGNMENT; TO REQUIRE SUCH RECORDS TO BE OPEN FOR INSPECTION BY LAW ENFORCEMENT OR THE DEPARTMENT OF CONSUMER AFFAIRS, AND TO FORBID RECEIPT OF GOODS WITH EVIDENCE OF THIRD PARTY OWNERSHIP.
Referred to Committee on Labor, Commerce and Industry.
H. 4889 -- Reps. Easterday, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Breeland, T. Brown, Cato, Cave, Chellis, Cromer, Edge, Fleming, Gamble, Hamilton, Harrell, A. Harris, Haskins, J. Hines, M. Hines, Jordan, Kelley, Kinon, Kirsh, Klauber, Knotts, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mason, McGee, McKay, McLeod, McMahand, Moody-Lawrence, Neal, Neilson, Phillips, Rice, Riser, Robinson, Rodgers, Sandifer, Sheheen, Simrill, D. Smith, F. Smith, R. Smith, Stille, Stoddard, Tripp, Whatley, Whipper, Wilder, Wilkes, Woodrum, Young and Young-Brickell: A BILL TO AMEND SECTION 11-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON APPROPRIATIONS, SO AS TO REQUIRE GENERAL FUND SURPLUS REVENUES TO BE USED TO ACCELERATE REPAYMENT OF STATE CAPITAL IMPROVEMENT BONDS AND PAY CASH FOR PREVIOUSLY AUTHORIZED CAPITAL IMPROVEMENT BOND PROJECTS FOR WHICH BONDS HAVE NOT YET BEEN ISSUED, TO PROVIDE FOR THE PLAN FOR THE USE OF THE SURPLUS TO BE ADOPTED BY THE JOINT BOND REVIEW COMMITTEE AFTER RECEIVING THE RECOMMENDATIONS OF THE STATE TREASURER ON POTENTIAL INTEREST EXPENSE SAVINGS AND FORWARDED FOR IMPLEMENTATION TO THE STATE BUDGET AND CONTROL BOARD.
Rep. EASTERDAY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. H. BROWN objected.
Referred to Committee on Ways and Means.
S. 950 -- Senator Bryan: A BILL TO AMEND SECTION 23-1-212, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENFORCEMENT OF STATE CRIMINAL LAWS BY FEDERAL LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE IMMIGRATION AND NATURALIZATION SERVICE SPECIAL AGENTS IN THE DEFINITION OF FEDERAL LAW ENFORCEMENT OFFICERS.
Referred to Committee on Judiciary.
S. 1069 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455, SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
Rep. HARRISON asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Judiciary.
The following was introduced:
H. 4890 -- Rep. Delleney: A CONCURRENT RESOLUTION CONGRATULATING THE RED DEVILS OF GREAT FALLS HIGH SCHOOL ON WINNING THE CLASS A BOYS BASKETBALL STATE CHAMPIONSHIP FOR 1998.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4891 -- Rep. Allison: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO OUR CURRENT MISS SOUTH CAROLINA, JANET LEA POWERS OF HARTSVILLE, ON WEDNESDAY, APRIL 22, 1998, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard 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 Meacham Miller Moody-Lawrence Mullen Neilson Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, March 25.
W. Jeffery Young Curtis B. Inabinett Joseph H. Neal Wilbur L. Cave Harry R. Askins Joe McMaster Gilda Cobb-Hunter Richard M. Quinn, Jr. Ralph W. Canty John G. Felder Lynn Seithel Timothy C. Wilkes Douglas Jennings, Jr.
STATEMENT RE ATTENDANCE
Rep. SEITHEL signed a statement with the Clerk that she was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, March 24.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
Rep. LLOYD and the Colleton County delegation presented to the House the Walterboro High School Football Team, 1997 Division II AAAA State Champions, their coaches and school officials.
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. 4619
DATE ADD:
3/25/98 Alfred B. Robinson, Jr.
Bill Number: H. 4672
DATE ADD:
3/25/98 Liston D. Barfield
Bill Number: H. 4704
DATE ADD:
3/25/98 Alfred B. Robinson, Jr.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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.
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.
H. 4621 -- Reps. Boan, Knotts and McLeod: 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.
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.
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. 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.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4867 -- Reps. Simrill and Kirsh: A BILL TO AMEND ACT 270 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 IN YORK COUNTY, SO AS TO PROVIDE THAT THE SCHOOL DISTRICT RATHER THAN YORK COUNTY SHALL PAY FOR THE COST OF THE ELECTIONS.
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.
Rep. HARRISON explained the Joint Resolution.
H. 4672 -- Reps. Edge, Kelley, Keegan, Mullen and Barfield: 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.
Rep. VAUGHN explained the Bill.
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.
Rep. DELLENEY explained the Bill.
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 explained the Bill.
S. 1109 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2225, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 4864 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, RELATING TO RELEASE OF LICENSING AND REGISTRATION INFORMATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2189, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
H. 4866 -- Reps. T. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Byrd, 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, Pickney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum Young and Young-Brickell: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 153 SO AS TO ESTABLISH THE SOUTH CAROLINA STUDENT VOLUNTEER OF THE YEAR AWARD AND TO REQUIRE SCHOOL DISTRICTS TO ORGANIZE VOLUNTEER PROGRAMS FOR STUDENTS.
Rep. HASKINS explained the Bill.
S. 1123 -- Senators Wilson, Hayes, Leventis, J. Verne Smith, Giese, Branton and Lander: 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.
Rep. HARRISON explained the Bill.
S. 1127 -- Senators Martin, Alexander, Fair, Waldrep, Thomas, J. Verne Smith, Ryberg, Wilson, Anderson, Hutto, Grooms, Courson, Branton, Giese and Mescher: 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 explained the Bill.
Rep. LANFORD moved to adjourn debate upon the following Bill until Thursday, March 26, which was adopted.
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, Scott, Knotts and Robinson: 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.
The following Bill was taken up.
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, Simrill and Robinson: 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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1804MM.98), which was adopted.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Section 12-36-90(2) of the 1976 Code, as last amended by Act 431 of 1996, is further amended by adding an appropriately lettered item at the end to read:
"( ) the sales price, not including sales tax, of property on sales which are actually charged off as bad debts or uncollectible accounts for state income tax purposes. A taxpayer who pays the tax on the unpaid balance of an account which has been found to be worthless and is actually charged off for state income tax purposes may take credit for the tax paid on a return filed pursuant to this chapter, except that if an amount charged off is later paid in whole or in part to the taxpayer, the amount paid must be included in the first return filed after the collection and the tax paid."
SECTION 2. This act takes effect upon approval by the Governor and applies for debt incurred after 1998./
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HARRELL 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 Boan Bowers Brown, G. Brown, H. Brown, J. Brown, T. Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McGee McKay McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was temporarily out of the Chamber. I would have voted in favor of the Bill.
Rep. MICHAEL S. WHATLEY
The following Joint Resolution was taken up.
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.
Reps. ROBINSON, ALLISON, VAUGHN, SHEHEEN, LITTLEJOHN, EASTERDAY, SHARPE, DAVENPORT, ALTMAN, SPEARMAN, YOUNG-BRICKELL, H. BROWN, LAW, YOUNG, RICE HINSON, NEILSON, CHELLIS, WOODRUM, McKAY, JORDAN, TOWNSEND, BAILEY, KINON, LOFTIS, R. SMITH, J. HINES, LEACH and CAVE requested debate on the Joint Resolution.
The following Bill was taken up.
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.
Reps. H. BROWN, CROMER, NEILSON, ALLISON, SPEARMAN, YOUNG-BRICKELL, BAILEY, CHELLIS, HINSON, LAW, CAVE, NEAL, J. SMITH, RISER, J. HINES, LOFTIS, LEACH, KELLEY, VAUGHN, DAVENPORT, R. SMITH and KINON requested debate on the Bill.
The following Bill was taken up.
H. 3453 -- Reps. McMahand, F. Smith, Meacham, Knotts, Neal, Mack, Maddox, Stille, Haskins, Young-Brickell, Hamilton, Parks, Gourdine and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-243 SO AS TO REQUIRE SCHOOL DISTRICTS TO DEVELOP ALTERNATIVE SCHOOLS AND TO REQUIRE A CHILD EXPELLED FOR MORE THAN ONE WEEK TO BE PLACED IN A PRIVATE OR ALTERNATIVE SCHOOL.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21358SD.98).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 63, Title 59 of the 1976 Code is amended by adding:
Section 59-63-1300. The General Assembly finds that a child who does not complete his education is greatly limited in obtaining employment, achieving his full potential, and becoming a productive member of society. It is therefore the intent of this article to authorize district school boards throughout the State to establish alternative school programs. These programs shall be designed to meet the needs of students who have a history of disruptive behavior in school or who have committed a serious offense that warrants out-of-school suspension or expulsion from school according to the student conduct policies and behavior codes approved by the school board of trustees. It is further the intent of this article that cooperative agreements may be developed among school districts in order to implement innovative exemplary programs.
Section 59-63-1310. For the purposes of this article:
(1) 'Disruptive behavior' means behavior that interferes with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide. It also means behavior that results in frequent conflicts of a disruptive nature while the student is under the jurisdiction of the school either in or out of the classroom or severely threatens the general welfare of students or others with whom the student comes into contact.
(2) 'Serious offense' means behavior which includes violence, possession of weapons or controlled substance, or harassment or verbal abuse of school personnel or other students.
Section 59-63-1320. Beginning with the school year 1998-99, the governing boards of all school districts shall establish, maintain, and operate, either individually or as a cooperative agreement among districts, alternative school programs for, but not limited to, the following categories of students in grades 6-12:
(1) Any student who has committed a serious offense which warrants suspension or expulsion from school according to the student conduct policies and behavior codes approved by the school board of trustees;
(2) any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of student due to habitual exhibitions of disruptive behavior in violation of the student conduct policies and behavior codes approved by the school board of trustees;
(3) any student referred to such alternative school program based upon a documented need for placement in the alternative school program by the school district, parent, legal guardian or custodian of the student due to interference with the student's own learning or the educational process of others and requires attention and assistance beyond that which the traditional program can provide;
(4) Any student referred to such alternative school program by the dispositive order of a family court judge, with the consent of the local board of trustees.
Before a student may be placed in an alternative school program, a determination must be made by the local board that the written and distributed disciplinary policy of the district has been followed. Districts must establish clear guidelines and procedures for the placement of students into an alternative school program and at a minimum they shall prescribe due process procedures for disciplinary actions.
When students are being considered for placement in an alternative school program, districts must consider special education evaluation to ensure that the students are not eligible for special education services or a change in the current special educational placement.
If a student placed in an alternative school program enrolls in another school district before the expiration of the period of placement, the board of trustees of the district requiring the placement shall provide to the district in which the student enrolls, at the same time other records of the student are provided, information concerning the student's placement in an alternative school program. Upon review of the information, the district in which the student enrolls may continue the alternative education program placement or may allow the student to attend regular classes without completing the period of the placement.
Section 59-63-1340. Within the requirements of Section 59-1-440, alternative school programs may differ from traditional education programs and schools in scheduling, administrative structure, curriculum, or setting. Programs must develop a mission statement and shall focus on the educational and behavioral needs of the students to include individual student instruction plans, evaluations at regular intervals of the student's educational and behavioral progress, instructional methods in meeting academic standards, strict codes of student conduct, counseling, strategies to gain strong parental input and support, strategies to ensure students will adapt to a regular school setting upon departure from the alternative school program, and a time line for meeting the academic and conduct standards set.
The educational program for an alternative school must include the objectives of the adopted academic achievement standards in the core academic areas to ensure that the instructional program will enable students to make the transition to a regular school program or seek postsecondary education and to ensure that credit earned by students participating in the alternative school program can be transferred to either the sending public school or another public school in the State.
Section 59-63-1350. Each school district shall establish procedures for ensuring that teachers assigned to alternative school programs possess the pedagogical and content-related skills necessary to meet the needs of the student population. Each school board also shall ensure that adequate staff development activities are available for alternative school program faculty and staff and ensure that the faculty and staff participate in these activities. The State Department of Education in consultation with other appropriate entities shall provide assistance to school districts in the development of staff development programs which include best practices. These programs shall be made available to all district teachers.
Section 59-63-1360. Transportation for students attending the alternative school program shall be the responsibility of the sending school district.
Section 59-63-1370. A school district shall allocate to an alternative school program the same per student expenditure to include federal, state, and local funds that would be allocated to the student's school if the student were attending the student's regularly assigned school. This shall include any appropriate special education funding.
Specific alternative school program funds shall be provided by the General Assembly in the annual general appropriations act at an EFA weighting of 1.74 and shall be allocated to the districts of this State based on the average daily membership of the district and the EFA formula. These funds shall be used for the establishment, maintenance, and operation of alternative schools programs. Funds also may be used to provide for staff development needs pursuant to Section 59-63-1350.
Section 59-63-1380. The State Board of Education shall promulgate regulations for establishment, maintenance, and operation of alternative school programs to include clear procedures for annual alternative school program review and evaluation of its success. The regulations shall require the minimum amount of paperwork and reporting necessary to comply with this article.
Upon request of a school district, the State Department of Education shall provide the district informational material on developing an alternative school program that takes into consideration best practices."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
Rep. HARRELL 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. 3652 -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4863 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL, RELATING TO WINDOW TINTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND explained the Joint Resolution.
Rep. SIMRILL made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4865 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO EVALUATION OF TEACHERS EMPLOYED UNDER PROVISIONAL CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2224, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
Rep. TRIPP made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Reps. LANFORD, ALLISON, BOAN and ROBINSON proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5434HTC.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The General Assembly finds that the implementation of the amendment to Article X, Section 16 of the Constitution of this State authorizing the investment and reinvestment of the funds of various state-operated retirement systems in equity securities requires the enactment of implementing legislation. By the enactment of Chapter 14, Title 9 of the 1976 Code, the "State Retirement Systems Investment Safeguards Act", the provisions of the amendment and related changes are carried into effect with respect to state-operated retirement systems for which the State Budget and Control Board serves as the trustee.
SECTION 2. Title 9 of the 1976 Code is amended by adding:
Section 9-14-10. This chapter may be cited as the State Retirement Systems Investment Safeguards Act.
Section 9-14-20. This chapter applies to the investment and reinvestment of funds of the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, Police Officers Retirement System, and any other retirement system established by the laws of this State for which the State Budget and Control Board serves as the trustee.
Section 9-14-30. As used in this article or chapter, unless a different meaning is plainly required by the context:
(1) 'Assets' means all funds, investments, and similar property of a retirement system.
(2) 'Beneficiary' means a person, other than a participant, who is designated by a participant or by a retirement program to receive a benefit under the program.
(3) 'Board' means the State Budget and Control Board.
(4) 'Business with which he is associated' means a corporation, partnership, proprietorship, firm, enterprise, franchise, association, or organization of which the board or panel member or a related person is a director, officer, owner, employee, agent, or holder of stock.
(5) 'Fiduciary' means a person who:
(a) exercises any authority to invest or manage assets of a retirement system;
(b) provides investment advice for a fee or other direct or indirect compensation with respect to assets of a system or has any authority or responsibility to do so;
(c) is a panel member; or
(d) is a board member or trustee.
(6) 'Participant' means an individual who is or has been an employee enrolled in a retirement program and who is or may become eligible to receive or is currently receiving a benefit under the program. The term does not include an individual who is no longer an employee of an employer as defined by the laws governing the retirement system and who has withdrawn his contributions from the retirement system.
(7) 'Panel' means the State Retirement Systems Investment Panel.
(8) 'Related person' of an individual means:
(a) the individual's spouse or a parent or sibling of the spouse;
(b) the individual's child, sibling, or parent, or the spouse of the individual's child, sibling, or parent;
(c) another individual residing in the same household as the individual;
(d) a trust or estate in which an individual described in (a), (b), or (c) has an interest;
(e) a trust or estate for which the individual has fiduciary responsibilities; or
(f) an incompetent, ward, or minor for whom the individual has fiduciary responsibilities.
(9) 'Retirement program' means a program of rights and obligations which a retirement system establishes or maintains and which, by its express terms or as a result of surrounding circumstances:
(a) provides retirement benefits to qualifying employees and beneficiaries; or
(b) results in a deferral of income by employees for periods extending to the termination of covered employment or beyond.
(10) 'Retirement systems' means the South Carolina Retirement System, Retirement System for Judges and Solicitors, Retirement System for Members of the General Assembly, Police Officers Retirement System, and any other retirement system established by the laws of this State for which the State Budget and Control Board serves as the trustee, individually or collectively as is appropriate in the context in which the term is used.
(11) 'Trustee' means the State Budget and Control Board.
Section 9-14-40. (A) The assets of the retirement systems not invested as authorized by Section 11-9-660 may be invested and reinvested in equity securities of any corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act of 1934, or any successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System, or a similar source.
(B) The investment and reinvestment of all assets of the retirement systems must be consistent with the annual investment plan provided for in this chapter.
Section 9-14-50. There is created the State Retirement Systems Investment Panel, consisting of five members, one each appointed by the Governor, State Treasurer, Comptroller General, the chairman of the Ways and Means Committee of the House of Representatives, and the chairman of the Senate Finance Committee. The member appointed by the Governor shall serve as chairman. All members appointed to the panel must possess substantial financial investment experience. No person may be appointed or continue to serve who is an elected or appointed officer or employee of the State or any of its political subdivisions, including school districts. Members shall serve for terms of two years and until their successors are appointed and qualify, but no member may serve beyond the term of the member of the board who appointed him. Vacancies must be filled for the unexpired term in the manner of the original appointment. Members shall serve without compensation, but may receive the mileage, subsistence, and per diem authorized by law for members of state boards, commissions, and committees.
Section 9-14-60. (A) The panel shall meet no later than May first of each year to adopt the proposed annual investment plan for the retirement systems for the next fiscal year. The annual investment plan must be developed by the panel in consultation with the State Treasurer. No later than June first of each year, the panel shall submit the proposed plan to the board. The plan submitted to the board by the panel is considered approved unless the board by a majority vote of its members disapproves or amends the plan before July first. Amendments may be made to the plan by the panel during the fiscal year with the approval of the board.
(B) The panel shall meet at least once during each fiscal year quarter for the purposes of reviewing the performance of investments, assessing compliance with the annual investment plan, and determining whether to recommend amendments to the plan to the board. The panel shall meet at such other times as are set by the panel or the chairman or requested by the board.
(C) The panel or board may discuss, deliberate on, and make decisions on a portion of the annual investment plan or other related financial or investment matters in executive session if disclosure thereof would jeopardize the ability to implement that portion of the plan or achieve investment objectives.
(D) A record of the board, panel, or retirement systems that discloses discussions, deliberations, or decisions on portions of the annual investment plan or other related financial or investment matters is not a public record under Section 30-4-20 to the extent and so long as its disclosure would jeopardize the ability to implement that portion of the plan or achieve investment objectives.
(E) In addition to the other duties contained elsewhere in this chapter, the panel may:
(1) adopt, promulgate, amend, and repeal bylaws, subject to the approval of the board, not inconsistent with this chapter, for the administration of its affairs; and
(2) establish advisory committees to assist and advise the panel.
Section 9-14-70. (A) The board or panel may delegate functions that a prudent trustee or fiduciary acting in a like capacity and familiar with those matters could properly delegate under the circumstances. The board or panel shall exercise reasonable care, skill, and caution in:
(1) selecting an agent;
(2) establishing the scope and terms of the delegation, consistent with the purpose and terms of the annual investment plan; and
(3) periodically reviewing the agent's performance and compliance with the terms of the delegation.
(B) In performing a delegated function, an agent owes a duty to the retirement systems and to its participants and beneficiaries to comply with the terms of the delegation and, if a fiduciary, to comply with the duties imposed by Section 9-14-120.
(C) If the board or panel complies with subsection (A), it is not liable to the retirement systems or to its participants or beneficiaries for the decisions or actions of the agent to whom the function was delegated.
(D) By accepting the delegation of a function from the board or panel, an agent submits to the jurisdiction of the courts of this State.
(E) The board may limit the authority of the panel to delegate functions under this section.
Section 9-14-80. (A) The board shall provide the panel with a statement of actuarial assumptions and general investment objectives. The board shall review the statement annually for the purpose of affirming or changing it and advise the panel of its actions.
(B) The annual investment plan must be consistent with actions taken by the board pursuant to subsection (A) and must include, but is not limited to, the following components:
(1) general operational and investment policies;
(2) investment objectives and performance standards;
(3) investment strategies, which may include indexed or enhanced indexed strategies as the preferred or exclusive strategies for equity investing, and an explanation of the reasons for the selection of each strategy;
(4) industry sector, market sector, issuer, and other allocations of assets that provide diversification in accordance with prudent investment standards, including desired rates of return and acceptable levels of risks for each asset class;
(5) policies and procedures providing flexibility in responding to market contingencies;
(6) procedures and policies for selecting, monitoring, compensating, and terminating investment consultants, equity investment managers, and other necessary professional service providers. Preference must be given to brokerage firms domiciled in this State for conducting brokerage transactions if these brokerage firms are able to meet the test of equal service and best execution in the purchase and sale of authorized investments; and
(7) methods for managing the costs of the investment activities, including a provision that annual costs for equity investing must not exceed one percent of the amount invested in equity securities.
(C) In developing the annual investment plan, the panel shall consider among other circumstances:
(1) general economic conditions;
(2) the possible effect of inflation or deflation;
(3) the role that each investment program or activity plays within the overall portfolio of the retirement system;
(4) needs for liquidity, regularity of income, and preservation or appreciation of capital; and
(5) the adequacy of funding for the plan based on reasonable actuarial factors.
(D) In developing the annual investment plan, the panel shall:
(1) diversify the investments of the retirement systems, unless the panel reasonably determines that, because of special circumstances, it is clearly not prudent to do so; and
(2) make a reasonable effort to verify facts relevant to the investment of assets of the retirement systems.
Section 9-14-90. No more than forty percent of the market value of the assets of a retirement system may be invested in equity securities, and any increase during any fiscal year in the proportion of the market value of the assets of a retirement system invested in equity securities may not exceed twenty percent of the market value of the assets of that system. The panel, with the approval of the board, shall develop the methods used to determine compliance with the allocations set forth in this section.
Section 9-14-100. (A) The State Treasurer's Office shall provide staff for the panel and provide investment reports at least quarterly during the fiscal year to the board, panel, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and other appropriate officials and entities.
(B) In addition to the quarterly reports provided in (A), the State Treasurer shall provide an annual report to the board, panel, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, and other appropriate officials and entities of the investment status of the retirement systems. The report must contain:
(1) a description of any material interest held by any member of the board or panel with respect to the investment and management of assets of the system, or by a related person, in any material transaction with the system within the last three years or proposed to be effected;
(2) a schedule of the rates of return, net of total investment expense, on assets of the system overall and on assets aggregated by category over the most recent one-year, three-year, five-year, and ten-year periods, to the extent available, and the rates of return on appropriate benchmarks for assets of the system overall and for each category over each period;
(3) a schedule of the sum of total investment expense and total general administrative expense for the fiscal year expressed as a percentage of the fair value of assets of the system on the last day of the fiscal year, and an equivalent percentage for the preceding five fiscal years; and
(4) a schedule of all assets held for investment purposes on the last day of the fiscal year aggregated and identified by issuer, borrower, or similar party to the transaction stating, if relevant, the asset's maturity date, rate of interest, par or maturity value, number of shares, cost, and fair value and identifying any asset that is in default or classified as uncollectible.
Section 9-14-110. The costs of administering and operating the investment programs for the retirement systems, including the expenses of the panel, must be paid from the investment earnings of those systems.
Section 9-14-120. (A) A fiduciary shall discharge investment duties with respect to a retirement system:
(1) solely in the interests of the retirement systems, participants, and beneficiaries;
(2) for the exclusive purpose of providing benefits to participants and beneficiaries and paying reasonable expenses of administering the system;
(3) with the care, skill, and caution under the circumstances then existing which a prudent person acting in a like capacity and familiar with those matters would use in the conduct of an activity of like character and purpose;
(4) impartially taking into account any differing interests of participants and beneficiaries;
(5) incurring only costs that are appropriate and reasonable; and
(6) in accordance with a good-faith interpretation of the laws governing the retirement systems.
(B) Compliance by a fiduciary with the provisions of this chapter must be determined in the light of facts and circumstances existing at the time of the fiduciary's decision or action and not by hindsight.
(C) The investment decisions of the panel, board, or a fiduciary with investment responsibility for an entire retirement system portfolio must be evaluated not in isolation but in the context of a retirement system portfolio as a whole and as a part of an overall investment strategy having risks and return objectives reasonably suited to the retirement program.
Section 9-14-130. (A) A board or panel member, any business with which he is associated, or any related person may not directly or indirectly engage in any transactions involving any of the retirement systems, their funds, or investments other than those that a board or panel member is authorized to enter into by virtue of his official capacity on behalf of the retirement systems.
(B) Each panel member shall attend an educational program on fiduciary responsibilities to be conducted annually by the designee of the board.
(C) The provisions of this section are cumulative to, and not in lieu of, any other provisions of law applicable to the panel and its members in the performance of official duties including, but not limited to, Chapter 13 of Title 8.
Section 9-14-140. (A) A fiduciary or any other person who breaches a duty imposed by this chapter, including Section 9-14-130(A), is liable to the retirement systems for any losses resulting from the breach and any profits resulting from the breach or made by the fiduciary through use of assets of the system by the fiduciary. The fiduciary is subject to other equitable or remedial relief as the court considers appropriate, including removal.
(B) An agreement that exonerates a fiduciary from responsibility or liability for a breach of duty under this chapter is void.
(C) The retirement systems may insure the fiduciary, or itself, against liability or losses occurring because of a breach of duty under this chapter.
(D) A fiduciary may insure against personal liability or losses occurring because of a breach of duty under this chapter if the insurance is purchased or provided by the individual fiduciary; provided, however, that a fiduciary who obtains insurance pursuant to this chapter must disclose all terms, conditions, and other information relating to the insurance policy to the retirement systems."
SECTION 3. Section 9-1-1310 of the 1976 Code is amended to read:
"Section 9-1-1310. The Board shall be is the trustee of the funds of the system, and may invest and reinvest such the funds, subject to all the terms, conditions, limitations, and restrictions imposed by Article 7, of Chapter 9 of Title 11, upon the investment of sinking funds of the State, and, subject to like terms, conditions, limitations, and restrictions, may hold, purchase, sell, assign, transfer, and dispose of any of the securities and investments in which any of the funds created herein shall in this chapter have been invested, as well as plus the proceeds of such those investments and any moneys monies belonging to such these funds. Additionally, and without regard to the limitations imposed pursuant to Article 7, Chapter 9, of Title 11, the board may invest and reinvest the funds of the system in equity securities of a corporation within the United States that is registered on a national securities exchange as provided in the Securities Exchange Act, 1934, or a successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System, or a similar service."
SECTION 4. If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION 5. Notwithstanding the provisions of Chapter 14, Title 9 of the 1976 Code, as added by this act, during the first fiscal year in which the provisions of Chapter 14 are implemented, the State Budget and Control Board shall establish the dates for development, review, and approval of the annual investment plan.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5443HTC.98), which was adopted.
Amend the amendment offered by Rep. Lanford, et al., dated March 25, 1998, document number 5434HTC.98, as and if amended, in Section 9-14-100(B), page 14, by striking the comma on the first line of the page and inserting /, members of the House of Representatives or Senate, but only upon their request,/
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. KLAUBER proposed the following Amendment No. 3 (Doc Name P:\AMEND\JIC\5440HTC.98), which was adopted.
Amend the amendment offered by Rep. Lanford, et al., dated March 25, 1998, document number 5434HTC.98, as and if amended, Section 9-14-80(B)(6), page 11, by inserting before the fourth line from the bottom of the page /nondiscretionary/.
Amend title to conform.
Rep. LANFORD 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. CATO, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Education and Public Works.
H. 4836 -- Rep. Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-125 SO AS TO PROVIDE CERTAIN RESTRICTIONS UPON COMMERCIAL OR INDUSTRIAL ACTIVITIES WITH REGARD TO OUTDOOR ADVERTISING; BY ADDING SECTION 57-25-215 SO AS TO PROVIDE THAT CERTAIN SIGNS MUST BE CONSTRUCTED WITH STEEL OR STEEL MONOPOLES; TO AMEND SECTION 57-25-120 RELATING TO THE DEFINITION OF CERTAIN OUTDOOR ADVERTISING TERMS, SO AS TO PROVIDE THAT MOBILE HOMES AND TRAILERS ARE NOT COMMERCIAL OR INDUSTRIAL ACTIVITIES; TO AMEND SECTION 57-25-140 RELATING TO SIGNS PERMITTED ALONG CERTAIN HIGHWAYS, SO AS TO PROHIBIT THE ERECTION OF SIGNS WITH VERTICAL STACK FACES OR DOUBLE-DECKED FACES; AND TO AMEND SECTION 57-25-190, AS AMENDED, RELATING TO COMPENSATION FOR REMOVAL OF SIGNS, SO AS TO PROVIDE THAT A GOVERNMENTAL ENTITY SHALL NOT REMOVE LEGALLY PLACED OFF-PREMISES OUTDOOR ADVERTISING WITHOUT COMPENSATING THE OWNER, AND TO PROVIDE THAT GOVERNMENTAL ENTITIES AND OWNERS OF OFF-PREMISES OUTDOOR ADVERTISING ARE ENCOURAGED TO ENTER INTO RELOCATION AGREEMENTS IN LIEU AND INSTEAD OF ENTERING INTO COMPENSATION AGREEMENTS.
The motion period was dispensed with on motion of Rep. HASKINS.
The following Joint Resolution was taken up.
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. STUART explained the Joint Resolution.
The question then recurred to the passage of the Joint Resolution on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Askins 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 Cotty Delleney Edge Felder Fleming Gamble Gourdine Govan Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Koon Leach Limehouse Lloyd Mack Maddox McCraw McGee McKay McLeod McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Quinn Rhoad Riser Scott Seithel Sharpe Sheheen Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Dantzler Davenport Easterday Kirsh Law Loftis Mason McAbee Rice Robinson Sandifer Simrill Trotter Vaughn
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4646 -- Reps. Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET, AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
Rep. CROMER explained the Bill.
Rep. KIRSH spoke against the Bill.
Rep. KIRSH moved to table the Bill.
Rep. HARRISON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Battle Bauer Brown, G. Brown, H. Brown, J. Byrd Cato Chellis Dantzler Davenport Edge Fleming Gamble Gourdine Harris Haskins Hinson Howard Inabinett Jennings Keegan Kelley Kinon Kirsh Knotts Koon Law Littlejohn Lloyd Loftis Mack Mason McLeod McMahand Meacham Miller Moody-Lawrence Neal Rhoad Rice Robinson Scott Sharpe Simrill Trotter Vaughn Walker Whipper Witherspoon Young-Brickell
Those who voted in the negative are:
Altman Askins Barrett Baxley Beck Boan Bowers Canty Carnell Cave Clyburn Cooper Cotty Cromer Delleney Harrell Harrison Harvin Hines, J. Hines, M. Jordan Limehouse Maddox Martin McAbee McCraw McGee McKay Neilson Quinn Riser Sandifer Seithel Sheheen Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Townsend Tripp Webb Whatley Wilder Woodrum Young
So, the Bill was tabled.
The SPEAKER granted Rep. RISER a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4575 -- Reps. Harrison and Klauber: A BILL TO AMEND SECTION 28-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO DEFINE "APPRAISAL" IN INSTANCES OF CONDEMNATION OF PROPERTY OF A REGULATED PUBLIC UTILITY TO INCLUDE IN THE VALUATION FOR COMPENSATION AN OPINION AS TO THE REPLACEMENT COST, LESS DEPRECIATION; TO AMEND SECTION 28-2-340, RELATING TO EVIDENCE ADMISSIBLE AS TO THE VALUE OF LAND IN CONDEMNATION PROCEEDINGS, SO AS TO REQUIRE EVIDENCE OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY; AND TO AMEND SECTION 28-3-140, RELATING TO CONDEMNATION OF PUBLIC OR PUBLIC SERVICE PROPERTY, SO AS TO REQUIRE CONSIDERATION OF THE REPLACEMENT COST, LESS DEPRECIATION, IN PROCEEDINGS INVOLVING ALL OR A SUBSTANTIAL PORTION OF THE PROPERTY OF A REGULATED PUBLIC UTILITY COMPANY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4851MM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting clause and inserting:
/SECTION 1. Section 28-2-30(2) of the 1976 Code is amended to read:
"(2) 'Appraisal' means an opinion as to the value of compensation payable for property, prepared by or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the compensation. An appraisal includes the assessment of general and specific benefits to the owner as offsets against any damages to the property. If the appraised property includes all or a substantial portion of the property of a regulated privately owned water or sewer utility, the opinion as to the value of compensation payable for the property must include all appropriate valuations, including the replacement cost, income, and sales comparison methods of valuation. Replacement cost does not include contributions-in-aid-of construction."
SECTION 2. This act takes effect upon approval by the Governor./
Amend further by striking all before the enacting clause:
/TO AMEND SECTION 28-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO DEFINE "APPRAISAL" IN INSTANCES OF CONDEMNATION OF PROPERTY OF A REGULATED PRIVATELY OWNED WATER OR SEWER UTILITY TO PROVIDE THAT THE VALUATION FOR COMPENSATION PAYABLE FOR THE PROPERTY INCLUDE ALL APPROPRIATE VALUATIONS, INCLUDING THE REPLACEMENT COST, INCOME, AND SALES COMPARISON METHODS OF VALUATION./
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Reps. MEACHAM and HARRISON proposed the following Amendment No. 2 (Doc Name P:\AMEND\DKA\4873MM.98), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, Section 28-2-30(2), SECTION 1, page 4575-1, line 37, by inserting / is computed less depreciation and / after /cost /.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21399CM.98), which was tabled.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 28-2-30(2) of the 1976 Code is amended to read:
"(2) 'Appraisal' means an opinion as to the value of compensation payable for property, prepared by or under the direction of an individual qualified by knowledge, skill, experience, training, or education to express an opinion as to the value of the compensation. An appraisal includes the assessment of general and specific benefits to the owner as offsets against any damages to the property. If the appraised property includes all or a substantial portion of the property of a regulated privately owned water or sewer utility, the opinion as to the value of compensation payable for the property may include all appropriate valuations, including the replacement cost, income, and sales comparison methods of valuation. Replacement cost is computed less depreciation and does not include contributions-in-aid-of construction."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. HARRISON spoke against the amendment.
Rep. SCOTT spoke in favor of the amendment.
Rep. HARRISON moved to table the amendment.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Barfield Barrett Bauer Beck Bowers Brown, H. Carnell Cato Chellis Cotty Dantzler Davenport Easterday Edge Fleming Harrell Harris Harrison Haskins Hawkins Keegan Kelley Kinon Knotts Koon Lanford Law Leach Limehouse Loftis Maddox Martin Mason McAbee McGee McKay McMaster Mullen Quinn Rhoad Rice Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Stille Townsend Tripp Trotter Vaughn Webb Whatley Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Allison Altman Battle Baxley Boan Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Delleney Felder Gamble Gourdine Govan Harvin Hines, J. Hines, M. Hinson Howard Inabinett Jennings Kennedy Kirsh Littlejohn Lloyd Mack McCraw McLeod McMahand Meacham Miller Moody-Lawrence Neal Neilson Phillips Scott Sheheen Simrill Smith, F. Smith, J. Spearman Stuart Walker Whipper Wilder Young-Brickell
So, the amendment was tabled.
Rep. MEACHAM spoke against the Bill.
Reps. HARRISON and HASKINS spoke in favor of the Bill.
Reps. SCOTT and MEACHAM spoke against the Bill.
Rep. SCOTT moved to table the Bill.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Breeland Brown, T. Cave Clyburn Delleney Gourdine Govan Hines, M. Howard Inabinett Kirsh Lloyd Mack McCraw McLeod McMahand Meacham Moody-Lawrence Neal Phillips Rhoad Scott Sheheen Simrill Smith, J. Stuart Whipper
Those who voted in the negative are:
Allison Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Brown, G. Brown, H. Canty Carnell Cato Chellis Cooper Cotty Cromer Dantzler Davenport Easterday Edge Fleming Gamble Harrell Harris Harrison Harvin Haskins Hawkins Hinson Jennings Keegan Kelley Kinon Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McGee McKay McMaster Mullen Neilson Rice Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stille Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, G. Brown, H. Canty Cato Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Easterday Edge Felder Fleming Gamble Gourdine Harrell Harris Harrison Harvin Haskins Hawkins Hinson Jennings Keegan Kelley Kinon Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay Mullen Neilson Phillips Quinn Rice Robinson Sandifer Seithel Sharpe Smith, D. Smith, R. Spearman Stille Tripp Trotter Vaughn Walker Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Breeland Brown, T. Carnell Cave Delleney Hines, M. Howard Kirsh Lloyd Mack McLeod Meacham Moody-Lawrence Neal Scott Sheheen Simrill Smith, J. Stuart
So, the Bill, as amended, was read the second time and ordered to third reading.
I was in the lobby with a constituent when the vote was taken. I would have voted in favor of the Bill.
Rep. VIDA OSTEEN MILLER
Rep. CROMER moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4892 -- Reps. Delleney, D. Smith, Canty, Cooper, Haskins, Lee, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, APRIL 8, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A MEMBER OF THE LEGISLATIVE AUDIT COUNCIL WHOSE TERM EXPIRED ON MAY 10, 1997; AND TO ELECT A SUCCESSOR TO A MEMBER OF THE SOUTH CAROLINA CONSUMER AFFAIRS COMMISSION FOR SEAT 1, SO AS TO FILL THE TERM WHICH EXPIRED AUGUST 31, 1997.
Whereas, the elections for certain judicial offices were originally scheduled to be filled by the General Assembly on June 17, 1997; and
Whereas, since that time several additional judicial offices have been created which need to be filled; and
Whereas, now the terms for many other judicial offices are expiring this year and need to be filled. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 8, 1998, at 12:00 noon to elect a successor to the Honorable James E. Moore, Associate Justice of the Supreme Court, whose term expires July 31, 1998; to elect a successor to the Honorable Ralph K. Anderson, Jr., Judge of the Court of Appeals, Seat 9, whose term expires June 30, 1998; to fill the office of Judge of the First Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Rodney A. Peeples, Judge of the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas W. Cooper, Jr., Judge of the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Paul M. Burch, Judge of the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Don S. Rushing, Judge of the Sixth Judicial Circuit, whose term expires June 30, 1998; to elect a successor to the Honorable Tom J. Ervin, Judge of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Henry F. Floyd, Judge of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Thirteenth Judicial Circuit, Seat 4, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Sidney T. Floyd, Judge of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable John C. Hayes III, Judge of the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Sixteenth Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Alvin C. Biggs, Judge of the Family Court for the First Judicial Circuit, Seat 2, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the First Judicial Circuit, Seat 3, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Peter R. Nuessle, Judge of the Family Court for the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Ruben L. Gray, Judge of the Family Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Roger E. Henderson, Judge of the Family Court for the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable H. Bruce Williams, Judge of the Family Court for the Fifth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Donna S. Strom, Judge of the Family Court for the Fifth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas E. Foster, Judge of the Family Court for the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 2001; to elect a successor to the Honorable Stuart H. Hall, Judge of the Family Court for the Seventh Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable John M. Rucker, Judge of the Family Court for the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable William K. Charles, Jr., Judge of the Family Court for the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable F.P. Segars-Andrews, Judge of the Family Court for the Ninth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Judy Cone Bridges, Judge of the Family Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Ninth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Franklin McClain, Judge of the Family Court for the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Robert H. Cureton, Judge of the Family Court for the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable W. Frank Rogers, Jr., Judge of the Family Court for the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Wylie H. Caldwell, Jr., Judge of the Family Court for the Twelfth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Amy C. Sutherland, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Alvin D. Johnson, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Thirteenth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Jane Dowling Fender, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable Donald A. Fanning, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable Lisa A. Kinon, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable John S. Flynn, Judge of the Family Court for the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; and to elect a successor to the Honorable Ray N. Stevens, Judge of the Administrative Law Division, Seat 5, whose term expires June 30, 1998.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Be it further resolved that immediately following the elections for the judicial offices, the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, April 8, 1998, to elect a successor to The Honorable Dill Blackwell, Chairman of the Legislative Audit Council, whose term expired on May 10, 1997.
Be it further resolved that immediately following the election for the Legislative Audit Council, the House of Representatives and the Senate meet in Joint Assembly in the Hall of the House of Representatives on Wednesday, April 8, 1998, to elect a successor to a member of the South Carolina Consumer Affairs Commission for Seat 1, so as to fill the term which expired August 31, 1997.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4893 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXTEND THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO FORMER STATE HIGHWAY COMMISSIONER, THE HONORABLE SAM O. GAMBLE OF MANNING, SOUTH CAROLINA, FOR HIS UNBOUNDED COMMITMENT AND CONTRIBUTIONS TO CLARENDON COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4894 -- Reps. Hawkins, Littlejohn, Wilkins, Wilder, Lee, Vaughn, Haskins, Allison, D. Smith, Davenport and Lanford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF REIDVILLE ROAD IN SPARTANBURG COUNTY FROM THE INTERSECTION OF MAIN STREET AND REIDVILLE ROAD IN THE CITY OF SPARTANBURG TO THE INTERSECTION OF INTERSTATE 26 AND REIDVILLE ROAD AS THE "JOHN B. WHITE, SR. BOULEVARD" AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4895 -- Reps. Carnell, McKay, Inabinett, Bailey, Wilder, Klauber, Keegan, Kelley, Bowers, Beck, Dantzler, R. Smith, Askins, J. Smith, Mason, Hawkins, H. Brown, Lanford, Townsend, Meacham, McAbee, McCraw, Sharpe, Woodrum, Witherspoon, Haskins, Stoddard, Battle, Davenport, Kirsh, Loftis, Quinn, G. Brown, Fleming and Edge: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO AMEND THE TAX LAWS OF THE UNITED STATES RELATING TO ONLY FIFTY PERCENT OF BUSINESS MEAL AND ENTERTAINMENT EXPENSES BEING ALLOWED AS A DEDUCTION, SO AS TO RESTORE AND PROVIDE FOR THE DEDUCTION OF ONE HUNDRED PERCENT OF BUSINESS MEAL AND ENTERTAINMENT EXPENSES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4896 -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PERIOD FROM APRIL 30, 1998, UNTIL JANUARY 15, 1999, THE SEASON IS CLOSED FOR THE TAKING OF SHAD ON THE EDISTO RIVER FROM THE U.S. HIGHWAY 17 BRIDGE TO THE HEADWATERS OF THE EDISTO RIVER.
On motion of Rep. RHOAD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4897 -- Rep. Cobb-Hunter: A BILL TO AMEND CHAPTER 7 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ATTORNEY GENERAL, BY ADDING SECTION 1-7-85 SO AS TO REQUIRE A COMPETITIVE BID PROCEDURE FOR SOLICITING BIDS FROM AT LEAST THREE PRIVATE LAW FIRMS OR PRIVATE SOLE PRACTITIONERS OF LAW BEFORE THE ATTORNEY GENERAL MAY ENTER INTO A CONTRACT FOR THE REPRESENTATION OF THE STATE IN A LEGAL MATTER INVOLVING THE STATE, TO CREATE A BOARD OF REVIEW TO DEVELOP A ROTATING AND ANNUALLY UPDATED LIST OF PREAPPROVED PRIVATE LAW FIRMS AND SOLE PRACTITIONERS OF LAW AND TO DEVELOP AND IMPLEMENT THE COMPETITIVE BID PROCESS FOR EACH PROPOSED CONTRACT FOR LEGAL REPRESENTATION, AND TO REQUIRE APPROVAL FROM THE STATE BUDGET AND CONTROL BOARD OF EACH PROPOSED CONTRACT FOR LEGAL REPRESENTATION OF THE STATE BY A PRIVATE LAW FIRM OR SOLE PRACTITIONER OF LAW.
Referred to Committee on Judiciary.
H. 4898 -- Rep. Robinson: A BILL TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MILITARY SERVICE TO BE ESTABLISHED AS CREDITABLE SERVICE ON THE BASIS OF ONE YEAR OF MILITARY SERVICE RATHER THAN TWO YEARS OF MILITARY SERVICE FOR EACH YEAR OF SERVICE ESTABLISHED, TO ALLOW NATIONAL GUARD SERVICE TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE AND TO CLARIFY PROVISIONS PROHIBITING THE DUPLICATION OF BENEFITS.
Referred to Committee on Ways and Means.
H. 4899 -- Reps. Easterday, Jordan, Sandifer, Tripp, Barrett, Hamilton, Simrill, Haskins, Harrison, Vaughn, Harrell, Allison, Leach, Beck and Davenport: A BILL TO AMEND SECTION 20-1-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM AGE FOR A VALID MARRIAGE, SO AS TO PROVIDE THAT THE MINIMUM AGE FOR MALES AND FEMALES SHALL BE THE SAME, AND TO PROVIDE THAT SUCH AGE SHALL BE SIXTEEN.
Referred to Committee on Judiciary.
H. 4900 -- Reps. Bauer, Bowers, Knotts, Fleming, McCraw, J. Hines, M. Hines, Webb and Gamble: 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 EXEMPT ADMISSION TO A MEMBERSHIP FACILITY THAT PROVIDES ONLY TENNIS COURTS.
Referred to Committee on Ways and Means.
H. 4901 -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-142 SO AS TO PROHIBIT AN INDIVIDUAL OR GROUP HEALTH AND ACCIDENT INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN TO EXCLUDE OR RESTRICT BENEFITS FOR FEDERALLY APPROVED CONTRACEPTIVE DRUGS OR DEVICES OR FOR OUTPATIENT CONTRACEPTIVE SERVICES IF THE POLICY OR PLAN PROVIDES BENEFITS FOR OTHER OUTPATIENT PRESCRIPTION DRUGS, DEVICES, OR SERVICES AND TO PROHIBIT SUCH POLICY OR PLAN FROM DISCRIMINATING AGAINST INDIVIDUALS AND HEALTH CARE PROFESSIONALS FOR USE OF SUCH CONTRACEPTIVE BENEFITS OR FROM OFFERING REBATES OR INCENTIVES TO DISCOURAGE SUCH USE, OR FROM IMPOSING DIFFERENT DEDUCTIBLES, COINSURANCE, OR OTHER COST SHARING OR LIMITATIONS FROM OTHER OUTPATIENT DRUGS, DEVICES, OR SERVICES UNDER THE PLAN.
Referred to Committee on Labor, Commerce and Industry.
H. 4902 -- Reps. Robinson, Boan and D. Smith: A BILL TO AMEND SECTION 33-44-801, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EVENTS CAUSING DISSOLUTION AND WINDING UP OF A LIMITED LIABILITY COMPANY'S BUSINESS, SO AS TO DELETE DISASSOCIATION OF A MEMBER AS A DISSOLVING EVENT AND TO DELETE REFERENCE TO FUTURE DISTRIBUTIONS; TO AMEND SECTION 33-44-103, RELATING TO AN OPERATING AGREEMENT AMONG MEMBERS OF A LIMITED LIABILITY COMPANY, SECTION 33-44-404, RELATING TO MANAGEMENT OF A LIMITED LIABILITY COMPANY, SECTION 33-44-503, RELATING TO RIGHTS OF THE TRANSFEREE OF AN INTEREST IN A LIMITED LIABILITY COMPANY, SECTION 33-44-603, RELATING TO THE EFFECT OF THE DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY, AND SECTION 33-44-701, RELATING TO THE PURCHASE OF A DISTRIBUTIONAL INTEREST BY A LIMITED LIABILITY COMPANY, ALL SO AS TO REFLECT THE DELETION OF DISASSOCIATION OF A MEMBER OF A LIMITED LIABILITY COMPANY AS A DISSOLVING EVENT.
Referred to Committee on Judiciary.
Rep. FELDER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4859 -- Reps. Govan, Felder, Sharpe, Cobb-Hunter and Stuart: A CONCURRENT RESOLUTION COMMENDING PAUL E. ROBINSON, SR., OF ORANGEBURG COUNTY FOR HIS OUTSTANDING BUSINESS CAREER AND MANY CONTRIBUTIONS TO THE COMMUNITY, AND EXTENDING BEST WISHES TO HIM UPON HIS RETIREMENT.
H. 4860 -- Reps. J. Brown, Howard, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO MRS. WILLIS J. CHARLES, PRINCIPAL OF EAU CLAIRE HIGH SCHOOL, FOR HER SELFLESS DEDICATION TO THE STUDENTS, FACULTY, AND STAFF OF EAU CLAIRE HIGH SCHOOL AND TO CELEBRATE THE LOVE SHE SO FREELY GIVES TO OTHERS.
H. 4880 -- Reps. Harvin and Young: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING JOHN CORBETT AND JOANNE CORBETT OF MANNING ON THE OCCASION OF THEIR BEING NAMED THE RECIPIENT OF THE CLARENDON COUNTY BUSINESS PERSON OF THE YEAR AWARD.
H. 4890 -- Rep. Delleney: A CONCURRENT RESOLUTION CONGRATULATING THE RED DEVILS OF GREAT FALLS HIGH SCHOOL ON WINNING THE CLASS A BOYS BASKETBALL STATE CHAMPIONSHIP FOR 1998.
H. 4891 -- Rep. Allison: A CONCURRENT RESOLUTION EXTENDING THE BEST WISHES AND HEARTFELT CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO OUR CURRENT MISS SOUTH CAROLINA, JANET LEA POWERS OF HARTSVILLE, ON WEDNESDAY, APRIL 22, 1998, ON THE SPECIAL OCCASION OF "MISS SOUTH CAROLINA APPRECIATION DAY".
H. 4893 -- Rep. Harvin: A CONCURRENT RESOLUTION TO EXTEND THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO FORMER STATE HIGHWAY COMMISSIONER, THE HONORABLE SAM O. GAMBLE OF MANNING, SOUTH CAROLINA, FOR HIS UNBOUNDED COMMITMENT AND CONTRIBUTIONS TO CLARENDON COUNTY AND THE STATE OF SOUTH CAROLINA.
At 12:25 P.M. the House in accordance with the motion of Rep. NEILSON adjourned in memory of Davia Suggs of Darlington, to meet at 10:00 A.M. tomorrow.
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