Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, help us to live through this day to bring support to others, credit to ourselves and to our Heavenly Father, and joy to those who trust us. Help us to be cheerful when things go wrong, persevering when things are difficult, serene when things are irritating. Enable us to be helpful to those who are struggling, kind to those in need, sympathetic to those who are sad. Grant that nothing may take away our joy, nothing our peace, nothing may make us bitter toward any person. So grant throughout this day and beyond, that those we meet may see in us the reflections of Him Who is our God, in Whose holy Name we pray. 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 Thursday, the SPEAKER ordered it confirmed.
Rep. SCOTT moved that when the House adjourns, it adjourn in memory of Dr. Benjamin Franklin Canty, Jr., brother of Representative CANTY, which was agreed to.
The following was received.
April 13, 1998
Mrs. Sandra McKinney
Clerk of The House of Representatives
State House
Columbia, S.C. 29201
Dear Mrs. McKinney:
Under date of April 13, 1998, the State Election Commission certified to this office the results of the election in House District #45, held in South Carolina on April 7, 1998. The Certification shows that Honorable Eldridge Emory has been elected to the South Carolina House of Representatives, District #45.
I, therefore, certify that Honorable Eldridge Emory has been elected as a member of the South Carolina House of Representatives from District #45, for a term as prescribed by law.
Yours very truly,
/s/Jim Miles
Secretary of State
Received as information.
Mr. Eldridge Emory, Member-elect from District No. 45, presented his credentials and the oath of office was administered to him by the SPEAKER.
March 9,1998
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Initial Appointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
1st Congressional District:
Ms. Jessamine D. Griffin, Post Office Box 1188, Pawleys Island, S.C. 29585 VICE Cynthia G. Howe
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
March 23, 1998
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Initial Appointment, State Ethics Commission, with term to commence June 30, 1993, and to expire June 30 1998:
3rd Congressional District:
Mr. Andrew C. Marine, Post Office Box 1488, Aiken, S.C. 29802 VICE Roger J. Hartman (resigned)
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
March 23, 1998
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Reappointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
3rd Congressional District:
Mr. Andrew C. Marine, Post Office Box 1488, Aiken, S.C. 29802
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., April 8, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 850:
S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
Very respectfully,
President
On motion of Rep. TOWNSEND, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. TOWNSEND, HARRELL and WALKER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., April 8,1998
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. 535:
S. 535 -- Banking and Insurance Committee: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 91 SO AS TO PROVIDE THAT GENETIC INFORMATION PERTAINING TO ACCIDENT AND HEALTH INSURANCE SHALL BE PRIVATE UNDER SPECIFIED CONDITIONS, TO PROVIDE FOR THE MANNER IN WHICH SUCH INFORMATION MAY BE USED AND DISCLOSED, AND TO PROVIDE CERTAIN CIVIL REMEDIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
Ordered for consideration tomorrow.
On motion of Rep. SCOTT, with unanimous consent, the following was taken up for immediate consideration:
H. 4987 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, 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 RECOGNIZING DR. GEORGE WASHINGTON CARVER FOR HIS MANY ACCOMPLISHMENTS AND DECLARING JANUARY 5TH AS "DR. GEORGE WASHINGTON CARVER DAY".
Whereas, 1996-1997 was the centennial celebration of the arrival of Dr. George Washington Carver in Tuskegee, Alabama, where Dr. Carver was a prominent resident from October 8, 1896, until his death on January 5, 1943; and
Whereas, the United States Congress designated January 5, 1946, as "Dr. George Washington Carver Day", and authorized the Secretary of State to issue a proclamation to fly the United States flag on all government buildings in commemoration of the achievements of Dr. George Washington Carver; and
Whereas, Illinois, Indiana, Connecticut, New Jersey, New York, Pennsylvania, California, West Virginia, Iowa, and Alabama now honor this great American; and
Whereas, in addition to being an accomplished scientist, Dr. Carver also was an outstanding educator, artist, poet, musician, and benefactor to the American people; and
Whereas, Dr. Carver helped to liberate the Southern economy from excessive dependence upon cotton through his research into the potential uses of the peanut, which led to an industry valued at two hundred million dollars in 1938; and
Whereas, his countless discoveries of uses for the sweet potato and soy bean also stimulated the production of these crops throughout the South; and
Whereas, while serving as the first Black instructor at Iowa State University, Dr. Carver was invited by the eminent educator, Dr. Booker T. Washington, to join the faculty at Tuskegee Institute (now Tuskegee University) as director of the Department of Agriculture; and
Whereas, in February, 1897, Dr. Carver became the first director of the State Agricultural Experiment Station approved by legislative act for Tuskegee; and
Whereas, the epitaph on his tombstone in Tuskegee, Alabama appropriately reads: "He could have added fortune to fame, but caring for neither, he found happiness and honor in being helpful to the world"; and
Whereas, Dr. Carver's gravesite, as well as the Tuskegee Institute National Historic Site, which was established in his honor and Dr. Booker T. Washington's, are two of the most popular tourists sites in the Southern United States, and were visited by over 800,000 visitors in 1996; and
Whereas, South Carolina is proud to follow the United States Congress and ten other states by declaring January 5th as "Dr. George Washington Carver Day", and reaches out to the other thirty-nine states to join this celebration. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That January 5th is designated as "Dr. George Washington Carver Day" in honor and celebration of Dr. Carver's many accomplishments and contributions to the people of the State of South Carolina, our nation, and the world.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. J. BROWN, with unanimous consent, the following was taken up for immediate consideration:
H. 4988 -- Reps. J. Brown, A. Harris, Haskins, Wilder, Wilkins, 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, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilkes, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION DECLARING THE MONTH OF MAY AS STROKE MONTH IN SOUTH CAROLINA AND URGING ALL CITIZENS TO EDUCATE THEMSELVES REGARDING RISK FACTORS FOR STROKE AND HEART DISEASE AND THE SIGNS AND SYMPTOMS OF THESE DISEASES.
Whereas, South Carolina suffers from the highest death rate from stroke and heart disease in the nation; and
Whereas, stroke and heart disease are major preventable killers in South Carolina; and
Whereas, the average South Carolinian lives two years less than the average American; and
Whereas, eastern South Carolina is known as the "Buckle of the Stroke Belt" because of the high occurrence of stroke in this area; and
Whereas, stroke is the leading cause of serious, long-term disability in both South Carolina and the United States; and
Whereas, stroke and heart disease are South Carolina's leading killers, accounting for approximately fifty percent of all deaths in the State; and
Whereas, stroke, heart disease, and related complications are major causes of hospitalization, disability, and health care costs; and
Whereas, during 1996, $2,500,000,000 was spent for hospitalizations in South Carolina for the treatment of cardiovascular diseases including stroke, heart failure and shock, coronary bypass, cardiac catheterization, heart transplant, and end stage renal disease; and
Whereas, stroke and heart disease cost the State of South Carolina countless millions of dollars in lost wages, rehabilitation costs, and lost economic opportunity; and
Whereas, risk factors for developing heart disease and stroke are widespread and include uncontrolled high blood pressure, high cholesterol, physical inactivity, obesity, smoking, atrial fibrillation, and diabetes, and nearly all can be reduced and/or prevented; and
Whereas, it is the public policy of this State to prevent unnecessary mortality, morbidity, cost, and needless suffering from stroke and heart disease stroke wherever possible; and
Whereas, the South Carolina General Assembly recognizes that prevention of stroke and heart disease is a matter of both state and local policy and of public concern and that involving professionals from multiple disciplines and persons from multiple sectors of society can increase the understanding of the causes of and methods for preventing the heart disease and stroke burden to the citizens of South Carolina; and
Whereas, increased awareness of the causes, signs, and symptoms of these diseases is essential to prevention and treatment; and
Whereas, a coordinated, comprehensive, planned joint public and private effort is needed to achieve the prevention and awareness of this unnecessary burden from stroke and heart disease in South Carolina; and
Whereas, a coordinated, comprehensive, long-term statewide effort to reduce risk factors in all population groups can markedly reduce the continuing toll of stroke and heart disease in South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, declares the month of May as Stroke Awareness Month in South Carolina and urges all citizens to educate themselves regarding the risk factors for stroke and heart disease and the signs and symptoms of these conditions.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4989 -- Rep. Davenport: A HOUSE RESOLUTION ESTABLISHING A COMMITTEE TO STUDY, EVALUATE, AND MAKE RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES ON THE STATE HIGHWAY PATROL AND TRANSFERRING IT FROM THE DEPARTMENT OF PUBLIC SAFETY TO THE COUNTIES.
The Resolution was ordered referred to the Committee on Education and Public Works.
The following was introduced:
H. 4990 -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND THE HONORABLE JOHN PETER RICHARDSON FOR HIS DISTINGUISHED SERVICE AS A MEMBER OF THE TOWN COUNCIL OF THE TOWN OF SUMMERTON UPON HIS RETIREMENT FROM THE COUNCIL.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1183 -- Senators Wilson and Thomas: A CONCURRENT RESOLUTION TO RECOGNIZE THE CONTRIBUTIONS OF THE CHIROPRACTIC PROFESSION TO THE WELLNESS OF THE CITIZENS OF THIS STATE, AND TO CONGRATULATE THE SOUTH CAROLINA CHIROPRACTIC ASSOCIATION ON THE OCCASION OF ITS FIFTIETH ANNIVERSARY OF SERVICE TO THE STATE'S CHIROPRACTIC PROFESSION, JULY 24, 1998.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4991 -- Rep. Baxley: A BILL TO AMEND SECTION 56-5-1290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT TRAFFIC ACCIDENT REPORTS SHALL NOT BE REFERRED TO IN ANY WAY OR USED AS EVIDENCE OF NEGLIGENCE OR DUE CARE AT TRIALS REGARDING SUCH ACCIDENTS, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS MAY REFER TO THESE REPORTS WHEN TESTIFYING IN ORDER TO REFRESH THEIR RECOLLECTION OF EVENTS.
Rep. BAXLEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. LOFTIS objected.
Referred to Committee on Judiciary.
H. 4992 -- Rep. Felder: A BILL TO AMEND SECTIONS 12-23-810 AND 12-23-815, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSE TAX ON HOSPITALS, SO AS TO DELETE PROVISIONS RELATING TO THE APPLICATION OF THE TAX TO A LICENSED HOSPITAL IN ANOTHER STATE WHICH DOES BUSINESS IN THIS STATE AND TO DELETE AN OBSOLETE REFERENCE APPLICABLE TO THE INFORMATION NEEDED TO ISSUE TAX ASSESSMENTS AND ASSIGN THE DUTY TO THE OFFICE OF RESEARCH AND STATISTICS OF THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 44-6-155, AS AMENDED, RELATING TO THE MEDICAID EXPANSION FUND, SO AS TO DELETE VARIOUS USES OF THE MONIES IN THE FUND AND TO CORRECT AN OBSOLETE AGENCY REFERENCE.
Referred to Committee on Ways and Means.
H. 4993 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, RELATING TO PARKING AND TRAFFIC, DESIGNATED AS REGULATION DOCUMENT NUMBER 2179, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2264, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2279, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 5, STATE TRANSPORT POLICE REGULATIONS, SUBARTICLE 1, UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4997 -- Rep. Kirsh: A BILL TO AMEND TITLE 40, CHAPTER 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENTIAL HOME BUILDERS BY ADDING ARTICLE 5 SO AS TO PROVIDE FOR THE LICENSURE OF FIRMS TO PRACTICE RESIDENTIAL HOME BUILDING AND RESIDENTIAL SPECIALTY CONTRACTING.
Referred to Committee on Labor, Commerce and Industry.
H. 4998 -- Reps. Boan and Lanford: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 11, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PLEDGING OF THE CREDIT OF THE STATE AND PROHIBITING OWNERSHIP OF THE STATE IN A COMPANY, ASSOCIATION, OR CORPORATION, SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED TO SPECIFIC STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO PROCEDURES DEVELOPED BY THE GENERAL ASSEMBLY IN COORDINATION WITH THE STATE RETIREMENT SYSTEM INVESTMENT PANEL, THE STATE TREASURER, AND THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES.
On motion of Rep. BOAN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4999 -- Reps. Lloyd, Inabinett, Bailey, Bowers and Rhoad: A BILL TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE BOARD OR THE FORMER SEPARATE BOARDS OF ELECTIONS AND VOTER REGISTRATION IS ELIGIBLE TO SERVE AS A MEMBER OF THE BOARD.
On motion of Rep. LLOYD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5000 -- Rep. Scott: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGAL RATE OF INTEREST ON ACCOUNTS AND ON MONETARY DECREES AND JUDGMENTS, SO AS TO REVISE THE LEGAL RATE OF INTEREST ON MONETARY DECREES AND JUDGMENTS.
Referred to Committee on Judiciary.
H. 5001 -- Reps. Sharpe, Bowers and Rhoad: A BILL TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
On motion of Rep. SHARPE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5002 -- Rep. Vaughn: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO RENAME AND CORRECT ERRORS IN THE NAMES OF CERTAIN POLLING PLACES.
On motion of Rep. VAUGHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5003 -- Rep. Miller: A BILL TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS WHEN THE AGREEMENT CREATING THE COUNCIL PROVIDES FOR MEMBERSHIP OF ANY MEMBERS OF THE GENERAL ASSEMBLY ON THAT POLICYMAKING BODY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5004 -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-15 SO AS TO PROVIDE THAT SCHOOL ADMINISTRATORS EMPLOYED ON AN ANNUAL OR MULTI-YEAR CONTRACT, SHALL RETAIN THEIR CONTRACT STATUS AS A TEACHER BUT SHALL NOT BE GRANTED CONTRACT OR STATUS AS AN ADMINISTRATOR, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works.
H. 5005 -- Rep. Bowers: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATIONS OF PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO EXTEND THE FOUR PERCENT ASSESSMENT RATIO ALLOWED A LEGAL RESIDENCE TO A SECONDARY RESIDENCE AND EXTEND THE HOMESTEAD EXEMPTION FOR TAXPAYERS OVER AGE SIXTY-FIVE OR DISABLED TO A SECONDARY RESIDENCE IF THE TAXPAYER OTHERWISE QUALIFIES FOR THE EXEMPTION.
Referred to Committee on Ways and Means.
H. 5006 -- Rep. Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-462 SO AS TO PROVIDE FOR AN EXEMPTION FROM THE PROPERTY TAX ON RESIDENTIAL PROPERTY CONSISTING OF FOUR OR FEWER UNITS IN AMOUNTS OF FAIR MARKET VALUE SUFFICIENT TO EQUAL AN ASSESSMENT RATIO OF FOUR PERCENT ON SUCH PROPERTY AND TO EXTEND THE RESIDENTIAL EXEMPTION FROM SCHOOL OPERATING MILLAGE TO SUCH PROPERTY, TO ESTABLISH THE RESIDENTIAL 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 PROPERTY TAXES NOT COLLECTED BECAUSE OF THE EXEMPTION PROVIDED BY THIS SECTION, TO PRESCRIBE THE ORDER OF THE TAX LIABILITIES TO WHICH THE EXEMPTION APPLIES, TO PROVIDE THAT PROPERTY EXEMPTED FROM PROPERTY TAX BY THIS SECTION NEVERTHELESS IS CONSIDERED TAXABLE PROPERTY FOR PURPOSES OF BONDED INDEBTEDNESS AND THE INDEX OF TAXPAYING ABILITY, AND TO PROVIDE APPROPRIATE DEFINITIONS.
Referred to Committee on Ways and Means.
H. 5007 -- Rep. Wilkins: A BILL TO AMEND SECTION 15-41-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY EXEMPT FROM BANKRUPTCY PROCEEDINGS OR ATTACHMENT, LEVY, AND SALE, SO AS TO EXEMPT INDIVIDUAL RETIREMENT ACCOUNTS, INDIVIDUAL RETIREMENT ANNUITIES, AND INDIVIDUAL RETIREMENT TRUSTS.
Referred to Committee on Judiciary.
H. 5008 -- Rep. Wilkins: A BILL TO AMEND SECTION 59-112-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF SOUTH CAROLINA DOMICILE FOR PURPOSES OF IN-STATE TUITION AND FEES AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES, SO AS TO REQUIRE INDEPENDENT PERSONS TO HAVE BEEN DOMICILED IN THIS STATE FOR NO LESS THAN FIVE YEARS RATHER THAN TWELVE MONTHS IN ORDER TO QUALIFY FOR IN-STATE TUITION AND FEES AT STATE-SUPPORTED COLLEGES AND UNIVERSITIES; AND TO AMEND SECTION 59-112-30, RELATING TO THE EFFECT OF A CHANGE IN DOMICILE ON IN-STATE TUITION RATES, SO AS TO REVISE ELIGIBILITY REQUIREMENTS FOR CERTAIN STUDENTS WHO CHANGE DOMICILE IN ORDER TO CONFORM THESE REQUIREMENTS TO THE ABOVE FIVE-YEAR PROVISIONS.
Referred to Committee on Education and Public Works.
H. 5009 -- Rep. Davenport: A BILL TO AMEND SECTION 40-13-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO PROVIDE THAT A PERSON MAY OBTAIN CONTINUING EDUCATION CREDIT BY ATTENDANCE AT TRADE SHOW COSMETOLOGY-RELATED INSTRUCTIONAL PROGRAMS, UPON APPROVAL BY THE BOARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5010 -- Reps. Cobb-Hunter, Howard, Rhoad, Bailey, Battle, Miller, J. Hines, Pinckney, Wilder, Gourdine, Neal, M. Hines, Sheheen, Harvin, Lloyd, Bowers, Maddox, Mack and J. Smith: A JOINT RESOLUTION TO PROVIDE THAT TUITION AND FEES AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL COLLEGES ARE FROZEN AT THEIR 1997-1998 ACADEMIC YEAR LEVELS UNTIL THE GENERAL ASSEMBLY BY LAW PERMITS INCREASES THEREIN.
Referred to Committee on Education and Public Works.
H. 5011 -- Rep. Beck: A BILL TO AMEND SECTION 20-7-1800, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS OF ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT APPEALS MAY BE TAKEN FROM FINAL ORDERS OF ADOPTION IN THE SAME MANNER AS OTHER FAMILY COURT MATTERS, THAT AFTER A FINAL ORDER IS ENTERED, NO PARTY, OR PERSON CLAIMING UNDER A PARTY, MAY QUESTION THE VALIDITY OF THE ADOPTION BECAUSE OF A DEFECT, TO PROVIDE THAT ONLY A PARTY TO AN ADOPTION MAY ATTACK THE ADOPTION DIRECTLY OR COLLATERALLY, TO PROVIDE THAT A PARENT WHOSE CONSENT WAS OBTAINED BY FRAUD OR DURESS MAY, WITHIN SIX MONTHS OF THE FINAL ORDER OR OF DISCOVERING THE FRAUD OR DURESS, MOVE TO HAVE THE ORDER SET ASIDE, AND TO PROVIDE THAT A PARENT WHOSE CONSENT WAS REQUIRED BUT NOT OBTAINED MAY, WITHIN SIX MONTHS OF THE OMISSION OR OF DISCOVERING THE OMISSION, MOVE TO HAVE THE ORDER SET ASIDE.
Referred to Committee on Judiciary.
H. 5012 -- Reps. Stille, Carnell and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 25, 1997, MISSED BY THE STUDENTS OF LONG CANE ELEMENTARY SCHOOL OF THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. STILLE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5013 -- Rep. Rodgers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 12-37-717, 12-37-718, AND 12-37-719 SO AS TO REQUIRE THE VALUE AND USE OF REAL PROPERTY ON WHICH THERE IS NEW CONSTRUCTION TO CHANGE WHEN THE CERTIFICATE OF OCCUPANCY IS ISSUED ON THE STRUCTURE AND A PRORATED TAX BILL ISSUED FOR THE PROPERTY FOR THE TAX YEAR, TO ALLOW THE OWNER OF IMPROVED REAL PROPERTY DESTROYED OR DAMAGED BY FIRE OR NATURAL DISASTER TO OBTAIN AN IMMEDIATE REASSESSMENT OF THE PROPERTY, PROVIDE FOR A PRORATED TAX BILL TO BE ISSUED ON THE PROPERTY, PROVIDE A LIMITATION ON THIS REASSESSMENT AND PROVIDE FOR APPEALS, AND TO REQUIRE CLOSING ATTORNEYS TO NOTIFY PURCHASERS OF RESIDENTIAL REAL PROPERTY OF THE REQUIREMENTS FOR THE PURCHASER, IF ELIGIBLE, TO OBTAIN THE RESIDENTIAL AND HOMESTEAD EXEMPTIONS FROM PROPERTY TAX.
Referred to Committee on Ways and Means.
H. 5014 -- Reps. Spearman, Wilder and McLeod: A BILL TO REPEAL ACT 768 OF 1966 RELATING TO THE NEWBERRY-SALUDA REGIONAL LIBRARY ON JULY 1, 1998, TO TRANSFER THE ASSETS AND LIABILITIES OF THE REGIONAL LIBRARY TO THE COUNTY WHEREIN THESE ASSETS AND LIABILITIES ARE LOCATED, AND TO PROVIDE THE GOVERNING BODIES OF NEWBERRY AND SALUDA COUNTIES SHALL EACH ESTABLISH A COUNTY PUBLIC LIBRARY SYSTEM IN THE MANNER PROVIDED BY SECTION 4-9-35 OF THE 1976 CODE EFFECTIVE JULY 1, 1998.
On motion of Rep. SPEARMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5015 -- Reps. Battle, M. Hines, J. Hines, McGee, McKay and Kinon: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE, PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.
On motion of Rep. BATTLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5016 -- Reps. Townsend, Loftis and Leach: A BILL TO PROVIDE FOR THE MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE STANDARDS FOR PURPOSES OF THE PERFORMANCE AND ACCOUNTABILITY STANDARDS FOR SCHOOLS ACT (PASS).
Referred to Committee on Education and Public Works.
H. 5017 -- Rep. J. Smith: A BILL TO AMEND TITLE 44, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY ADDING ARTICLE 9 SO AS TO ENACT THE CHILDREN FIRST! INITIATIVE ACT FOR THE PURPOSE OF DEVELOPING AND IMPLEMENTING A COMPREHENSIVE, LONG-RANGE PLAN TO IMPROVE EARLY CHILDHOOD DEVELOPMENT BY PROVIDING EDUCATION AND DEVELOPMENT SERVICES FOR YOUNG CHILDREN AND THEIR FAMILIES THROUGH GRANTS TO LOCAL ORGANIZATIONS THROUGH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Referred to Committee on Education and Public Works.
H. 5018 -- Reps. Townsend, Martin, Stille and Cooper: A BILL TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION, FOR THE MANNER IN WHICH IT SELECTS ITS OFFICERS, FOR THE MANNER IN WHICH AN ANNUAL TAX LEVY IS IMPOSED AND COLLECTED, FOR THE MANNER IN WHICH MONIES MAY BE BORROWED, FOR THE MANNER IN WHICH CERTAIN FIRE PERSONNEL ARE EMPLOYED, AND FOR OTHER RELATED MATTERS.
Referred to Anderson Delegation.
H. 5019 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-210 SO AS TO AUTHORIZE COUNTIES BY ORDINANCE TO RESTRICT NOISE, LIGHTING, AND NOXIOUS ODORS FROM A BUSINESS WHICH LOCATES ON PROPERTY IN AN UNZONED, UNINCORPORATED AREA ADJACENT TO AN ESTABLISHED RESIDENTIAL SUBDIVISION, TO PROVIDE THOSE ACTIONS THE ORDINANCE MAY REQUIRE, AND TO PROVIDE THAT SUCH ORDINANCES DO NOT AFFECT OTHER REMEDIES AVAILABLE TO ABATE NUISANCES.
Referred to Committee on Judiciary.
H. 5020 -- Rep. Harrison: A BILL TO AMEND TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES, AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
Referred to Committee on Labor, Commerce and Industry.
H. 5021 -- Rep. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-490 SO AS TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD TO CONTRACT ON A COMPETITIVE BID BASIS FOR WORKERS' COMPENSATION INSURANCE FOR THE STATE AND POLITICAL SUBDIVISIONS OF THE STATE, INCLUDING SCHOOL DISTRICTS.
Referred to Committee on Labor, Commerce and Industry.
H. 5022 -- Reps. Inabinett, M. Hines, Lloyd, Boan, J. Brown, Byrd, Canty, Davenport and Bowers: A BILL TO AMEND SECTION 28-2-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPRAISAL OF PROPERTY BEFORE A CONDEMNATION ACTION IS INSTITUTED UNDER THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO PROVIDE THAT IN CERTAIN CASES INVOLVING THE APPRAISAL OF OWNER-OCCUPIED RESIDENTIAL PROPERTY, THE APPRAISAL MUST BE THE VALUE DETERMINED BY THE CONDEMNOR'S APPRAISER OR ONE HUNDRED TWENTY-FIVE PERCENT OF THE APPRAISED VALUE OF THE PROPERTY AS DETERMINED BY THE LOCAL TAX ASSESSOR, WHICHEVER IS GREATER.
Referred to Committee on Judiciary.
H. 5023 -- Reps. M. Hines, McGee, J. Hines, McKay and Askins: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 1999 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, TO LIMIT THAT AUTHORITY TO A TWENTY-MILL INCREASE IN ANY FIVE-YEAR PERIOD, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 1999 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.
On motion of Rep. M. HINES, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5026 -- Reps. Harrell, Limehouse, Altman, Campsen, Whatley, Inabinett, H. Brown, Cobb-Hunter, Law, Gourdine, Chellis, Mack, Breeland, Seithel, Hinson, Young-Brickell, Dantzler, Bailey and Whipper: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 18, SO AS TO DESIGNATE A PORTION OF SOUTH CAROLINA HIGHWAY 61 IN CHARLESTON COUNTY AS A SOUTH CAROLINA SCENIC BYWAY.
Referred to Committee on Education and Public Works.
H. 5027 -- Reps. M. Hines, Baxley, J. Hines, Lloyd, Jennings, Battle, Mack, McKay, Breeland, Lee, Howard, McGee, McMahand, Kinon and G. Brown: A BILL TO AMEND SECTION 59-67-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXTENT OF SCHOOL BUS TRANSPORTATION TO BE PROVIDED, SO AS TO PROVIDE THAT THE STATE, ACTING THROUGH THE STATE BOARD OF EDUCATION, MAY ASSUME THE OBLIGATION OF TRANSPORTING STUDENTS LIVING WITHIN ONE-HALF MILE OF THEIR SCHOOLS AND WITHIN A ONE-HALF MILE RADIUS OF THEIR RESIDENCES.
Referred to Committee on Education and Public Works.
H. 5028 -- Reps. Byrd, J. Brown, Scott and J. Smith: A BILL TO AMEND TITLE 44, CHAPTER 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES BY ADDING ARTICLE 9 SO AS TO ENACT THE EARLY CHILDHOOD INITIATIVE ACT FOR THE PURPOSE OF DEVELOPING AND IMPLEMENTING A COMPREHENSIVE, LONG-RANGE STATEWIDE PLAN TO IMPROVE EARLY CHILDHOOD DEVELOPMENT BY PROVIDING EDUCATION AND DEVELOPMENT SERVICES FOR YOUNG CHILDREN AND THEIR FAMILIES THROUGH GRANTS TO LOCAL ORGANIZATIONS AWARDED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.
Referred to Committee on Education and Public Works.
H. 5029 -- Reps. McGee, J. Hines, McKay and M. Hines: A BILL TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
On motion of Rep. McGEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1126 -- Senators Leventis and Land: A BILL TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE GOVERNING BODY OF A MUNICIPALITY TO ENACT ORDINANCES REGARDING TIME REQUIREMENTS FOR NOMINATIONS AND PRIMARIES, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A PARTY SHALL CERTIFY THE CANDIDACY TO THE MUNICIPAL ELECTION COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A STATEMENT OF CANDIDACY WITH THE COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A PETITION WITH THE MUNICIPAL CLERK PRIOR TO THE ELECTION, CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL EXAMINE THE PETITION AND DETERMINE ITS VALIDITY, DELETE SPECIAL ELECTIONS FROM THIS SECTION, ESTABLISH THE FILING DEADLINES FOR NONPARTISAN SPECIAL ELECTIONS, AND PROVIDE THAT FOR PARTISAN SPECIAL ELECTIONS, PETITIONS MUST BE SUBMITTED PURSUANT TO SECTION 7-13-190(B); TO AMEND SECTION 5-15-110, RELATING TO CANDIDATES NOMINATED BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE SHALL FILE A PETITION WITH THE MUNICIPAL ELECTION COMMISSION AND TO CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL DETERMINE THE VALIDITY OF THE PETITION, AND DELETE SPECIAL ELECTIONS FROM THIS SECTION; TO AMEND SECTION 5-15-145, AS AMENDED, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE MUNICIPALITY MAY BY ORDINANCE SET THE FILING DATES AND THE DATE BY WHICH CANDIDATES MUST BE CERTIFIED FOR MUNICIPAL OFFICES TO RUN CONCURRENTLY WITH THE FILING DATES SET BY LAW FOR COUNTYWIDE AND LESS THAN COUNTYWIDE OFFICES; TO AMEND SECTION 7-13-190, RELATING TO PARTISAN SPECIAL ELECTIONS, SO AS TO ESTABLISH THE REQUIREMENTS FOR SEEKING NOMINATIONS BY PETITION AND FOR VERIFICATION OF THE PETITION; TO AMEND SECTION 7-13-350, RELATING TO THE PLACING ON THE BALLOT OF CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO ADD MUNICIPAL ELECTIONS TO THIS PROVISION, AND CHANGE THE NUMBER OF DAYS BY WHICH THE NAMES OF THE NOMINEES MUST BE PLACED ON THE APPROPRIATE BALLOT; TO AMEND SECTION 7-13-351, RELATING TO NOMINEES BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH THE PETITION OF A CANDIDATE IN A SPECIAL OR MUNICIPAL ELECTION MUST BE SUBMITTED TO THE AUTHORITY CHARGED WITH PRINTING THE BALLOT, AND CHANGE THE NUMBER OF DAYS BY WHICH THE BOARD OF VOTER REGISTRATION MUST CERTIFY THE RESULTS; AND TO AMEND SECTION 7-13-352, RELATING TO A CANDIDATE FOR NONPARTISAN OFFICE WHO QUALIFIES BY STATEMENT OF CANDIDACY, SO AS TO INCLUDE MUNICIPAL OFFICES.
Referred to Committee on Judiciary.
On motion of Rep. TRIPP, with unanimous consent, the following was taken up for immediate consideration:
H. 5024 -- Rep. Tripp: A HOUSE RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE MAULDIN HIGH SCHOOL "LADY MAVERICKS" CROSS-COUNTRY TEAM OF GREENVILLE COUNTY UPON WINNING THE 1997 CLASS AAAA STATE CHAMPIONSHIP AND TO PROVIDE THAT THE TEAM, COACH, AND SCHOOL OFFICIALS SHALL BE GRANTED THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, APRIL 23, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the Mauldin High School "Lady Mavericks" Cross-Country Team of Greenville County captured the 1997 Class AAAA State Championship by edging out two-time defending champion Spartanburg; and
Whereas, this was the Lady Mavericks' third state title in five years, their fourth state championship in the 1990s, and six state titles overall; and
Whereas, the Lady Mavericks Cross-Country Team consisted of: Mary Dee Ayscue, Daryl Baxter, Megan Brown, Emily Clark, Stacy Chandler, Melissa Gernat, Kasey Holcombe, Nicole Langlois, Laura McCary, Whitney Price, Sarah Primeau, and Mary Wright; and
Whereas, Sophomore Mary Dee Ayscue crossed the finish line ten seconds ahead of her nearest competitor. She led the Lady Mavericks with 86 points for the day and broke the former school record held by Megan Fisher with a time of 18:36; and
Whereas, Junior Mary Wright finished 10th overall with a time of 19:48, she was only three seconds from eighth place; and
Whereas, Mauldin's Megan Brown finished 18th at 20:06 and Sarah Primeau finished an incredible story with a 19th place finish and a time of 20:07 in spite of two stress fractures; and
Whereas, another amazing story comes with Mauldin's number five runner, Team Captain Melissa Gernat, who finished 41st with a time of 20:50. She is the only senior on the Lady Mavericks Cross-Country Team and has been on the team since eighth grade; and
Whereas, Laura McCary finished 61st with a time of 21:27 and Kasey Holcombe finished in 22:03; and
Whereas, the team members' dedication, talent, hard work, and unity, along with the excellent coaching of Coach Delmer Howell, clearly paid off for the Lady Mavericks; and
Whereas, the accomplishments of the Lady Mavericks this season both on and off the track have brought deserved recognition and credit not only upon the members of the team and their school but upon their community and county as well. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, offer their congratulations to the Mauldin High School "Lady Mavericks" Cross-Country Team of Greenville County upon winning the 1997 Class AAAA State Championship.
Be it further resolved that the team, coach, and school officials shall be granted the privilege of the floor of the House of Representatives on Thursday, April 23, 1998, at a time to be determined by the Speaker for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be presented to Coach Delmer Howell.
The Resolution was adopted.
The following was introduced:
H. 5025 -- Rep. Cooper: A HOUSE RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE PALMETTO HIGH SCHOOL "MUSTANGS" BOYS BASKETBALL TEAM OF ANDERSON COUNTY FOR A SUPERB SEASON AND FOR THEIR OUTSTANDING EFFORTS IN THE FINAL GAME OF THE 1997-98 CLASS AA STATE BASKETBALL CHAMPIONSHIP.
The Resolution was adopted.
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. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Neal Neilson Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, April 14.
Harry R. Askins Victoria T. Mullen Ralph W. Canty Richard M. Quinn, Jr. Theodore A. Brown
LEAVES OF ABSENCE
The SPEAKER granted Rep. MADDOX a leave of absence due to illness.
The SPEAKER granted Rep. MULLEN a temporary leave of absence.
Announcement was made that Dr. Jim McCoy of Charleston is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4918
DATE REMOVE:
4/14/98 Margaret J. Gamble
Bill Number: H. 4905
DATE ADD:
4/14/98 Liston D. Barfield
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1095 -- Judiciary Committee: A BILL TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE METHOD, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS.
S. 1108 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO RENTAL TEXTBOOKS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WALKER explained the Joint Resolution.
H. 4801 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION AND TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT.
Rep. VAUGHN explained the Bill.
H. 4848 -- Rep. Boan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-58-185 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT AN EXTENSION OF TIME FOR PAYMENT OF AN AMOUNT DUE TO AN INNOCENT TAXPAYER AND ALLOW THE REQUIREMENT OF A BOND; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO PROHIBIT THE PREPARATION OF A TAX RELATED DOCUMENT BY ONE WHO HAS BEEN CONVICTED OF PREPARING A FRAUDULENT TAX DOCUMENT AND TO PROVIDE PENALTIES FOR ONE WHO VIOLATES THE PROHIBITION; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS AND EXCEPTIONS FOR ASSESSMENT OF A TAX OR FEE, SO AS TO ALLOW A CORPORATE TAXPAYER NINETY DAYS TO REPORT TO THE DEPARTMENT OF REVENUE AN ADJUSTMENT IN THE TAXPAYER'S TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE TAX COLLECTION, SO AS TO ALLOW THE NOTICE TO INCLUDE LATER TAX DEBTS; AND TO REPEAL SECTION 12-54-140 RELATING TO REPORTING REQUIREMENTS FOR INTERNAL REVENUE SERVICE ADJUSTMENTS IN TAXABLE INCOME AND SECTION 12-58-140, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO ENTER INTO AN INSTALLMENT PLAN FOR PAYMENT BY A TAXPAYER.
Rep. VAUGHN explained the Bill.
H. 4850 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PORTION OF A TRUST DISTRIBUTION TO A NONRESIDENT BENEFICIARY FOR TAX PURPOSES, SO AS TO EXEMPT ALSO DISTRIBUTIONS TO A NONRESIDENT BENEFICIARY WHO IS EXEMPT FROM TAXATION UNDER SECTION 501 OF THE INTERNAL REVENUE CODE AND A NONRESIDENT BENEFICIARY WHO SUBMITS TO THIS STATE'S JURISDICTION FOR DETERMINING TAX LIABILITY; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING OF A PORTION OF THE PURCHASE PRICE BY A BUYER WHEN THE SELLER IS A NONRESIDENT, SO AS TO FURTHER PROVIDE FOR THE PROPERTY WHICH IS SUBJECT TO THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-8-1030, RELATING TO AN INCORRECT WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO ESTABLISH PROCEDURES FOR THE EMPLOYER, EMPLOYEE, AND DEPARTMENT OF REVENUE FOR DETERMINATION OF THE CORRECT NUMBER OF EXEMPTIONS AND APPEAL OF THAT DETERMINATION AND TO GIVE EMPLOYERS UNTIL MARCH 31, 1999, TO COMPLY; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH A WRONGFUL CLAIM OF WITHHOLDING EXEMPTIONS, SO AS TO CHANGE THE REFERENCE TO CHAPTER 8 INSTEAD OF CHAPTER 9, TO INCREASE THE MAXIMUM FINE TO ONE THOUSAND DOLLARS, AND TO MAKE THE OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-46, RELATING TO THE FILING OF A FALSE WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO DELETE THE MAXIMUM LIMIT ON THE FINE; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING AN EMPLOYER WITH FALSE OR FRAUDULENT INFORMATION AS TO THE NUMBER OF EXEMPTIONS.
Rep. VAUGHN explained the Bill.
S. 396 -- Senators J. Verne Smith and Leatherman: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF PROPERTY TAX ASSESSMENT NOTICES, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE CONTAIN THE PERCENTAGE INCREASE OVER THE PRIOR MARKET VALUE IF THERE WAS NO CHANGE IN USE OR CHARACTERISTICS.
Rep. McKAY explained the Bill.
S. 876 -- Senators Drummond and Alexander: A BILL TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORDKEEPING REQUIREMENTS.
Rep. McKAY explained the Bill.
The following Bill was taken up.
H. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1997 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE THAT INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING FOR HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS IF CONSIDERED MEDICALLY NECESSARY BY THE ATTENDING PHYSICIAN AND PROVIDE FOR RELATED MATTERS; BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS, PAP SMEARS, PROSTATE CANCER EXAMINATIONS, SCREENING, AND DIAGNOSTIC LABORATORY WORK; BY ADDING SECTION 38-71-225 SO AS TO REQUIRE INDIVIDUAL OR GROUP ACCIDENT AND HEALTH OR HEALTH INSURANCE POLICIES TO INCLUDE COVERAGE FOR BONE MASS MEASUREMENT FOR THE PREVENTION, DIAGNOSIS, AND TREATMENT OF OSTEOPOROSIS; BY ADDING SECTION 44-1-280 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP AND IMPLEMENT A HEART DISEASE EDUCATION AND PREVENTION PROGRAM; AND BY ADDING CHAPTER 125 TO TITLE 44 SO AS TO ESTABLISH THE OSTEOPOROSIS EDUCATION FUND TO BE ADMINISTERED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR THE PURPOSE OF THE FUND AND THE DEPARTMENT'S RESPONSIBILITIES IN CARRYING OUT THE PURPOSE OF THE FUND.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4890MM.98),which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "Omnibus Health Benefits and Education Act of 1998".
SECTION 2. The 1976 Code is amended by adding:
"Section 38-33-325. (A) A health benefit plan shall allow a female enrollee thirteen years of age or older a minimum of two visits annually pursuant to the health benefit plan, without prior referral, to the health care services of an obstetrician-gynecologist in the health benefit plan.
(B) For any continuing treatment resulting from obstetrical or gynecological, or both, complications diagnosed during the two visits for a calendar year, authorization must be made for medical necessity directly by the health maintenance organization. Written communication should be sent by the obstetrician-gynecologist to the patient's primary care physician regarding the condition being treated within a reasonable time after each visit.
(C) A health benefit plan must notify its members of the provisions of this subsection (A). The information must be provided in the Summary Plan Description materials and enrollment materials.
(D) For purposes of this section:
(1) 'Health benefit plan' means a health maintenance organization, a preferred provider plan, an exclusive provider plan, or other managed care arrangement plan;
(2) 'Health care services' means the full scope of medically necessary services provided by the participating obstetrician-gynecologist in the care of or related to the female reproductive system and breasts."
SECTION 3. The 1976 Code is amended by adding:
"Section 38-71-125. All individual and group health insurance and health maintenance organization policies providing coverage for hospitalization for mastectomies must provide for hospitalization for at least forty-eight hours following the mastectomy, if considered medically necessary by the attending physician. Nothing in this section prohibits an attending physician from releasing the patient before the forty-eight hours if approved by the attending physician."
SECTION 4. The 1976 Code is amended by adding:
"Section 38-17-126. All individual and group health insurance and health maintenance organization policies providing for mastectomy surgery must provide prosthetic devices and benefits for restorative surgery to the breast on which surgery for breast cancer has been performed to produce a symmetrical appearance."
SECTION 5. The 1976 Code is amended by adding:
"Section 38-71-145. (A) All individual and group health insurance and health maintenance organization policies in this State shall include coverage in the policy for:
(1) mammograms;
(2) annual pap smears.
(B) The coverage required to be offered under subsection (A) may not contain any exclusions, reductions, or other limitations as to coverages, deductibles, or coinsurance provisions which apply to that coverage unless these provisions apply generally to other similar benefits provided and paid for under the health insurance policy.
(C) Nothing in this section prohibits a health insurance policy from providing benefits greater than those required to be offered by subsections (A) and (B) or more favorable to the enrollee than those required to be offered by subsections (A) and (B).
(D) This section applies to individual and group health insurance policies issued by a fraternal benefit society, an insurer, a health maintenance organization, or any similar entity, except as exempted by ERISA.
(E) For purposes of this section:
(1) 'Mammogram' means a radiological examination of the breast for purposes of detecting breast cancer when performed as a result of a physician referral or by a health testing service which utilizes radiological equipment approved by the Department of Health and Environmental Control, which examination may be made with the following minimum frequency:
(a) once as a base-line mammogram for a female who is at least thirty-five years of age but less than forty years of age;
(b) once every two years for a female who is at least forty years of age but less than fifty years of age;
(c) once a year for a female who is at least fifty years of age; or
(d) in accordance with the most recent published guidelines of the American Cancer Society.
(2) 'Pap smear' means an examination of the tissues of the cervix of the uterus for the purpose of detecting cancer when performed upon the recommendation of a medical doctor, which examination may be made once a year or more often if recommended by a medical doctor.
(3) 'Health insurance policy' means a health benefit plan, contract, or evidence of coverage providing health insurance coverage as defined in Section 38-71-670(6) and Section 38-71-840(14)."
SECTION 6. This act takes effect upon approval by the Governor and applies to all individual and group health insurance and health maintenance organization policies, as the case may be, issued, delivered, issued for delivery, or renewed in this State on or after January 1, 1999./
Amend title to conform.
Rep. MASON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
The Medical, Military and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21454SD.98), which was adopted.
Amend the bill, as and if amended, in Section 24-3-30(B) of the 1976 Code, as contained in SECTION 1, by striking /shall/ on line 8, page 2, and inserting /may/. When amended subsection (B) shall read:
/(B) The department may consider proximity to the home of a person convicted of an offense against the State in designating the place of his confinement if this placement does not jeopardize security as determined by the department. Proximity to a convicted person's home does not have precedence over departmental criteria for institutional assignment./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ASKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4587 -- Reps. Bauer, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Knotts, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: A BILL TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE THE ENTIRE SCHOOL DAY TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21433SD.98), which was adopted.
Amend the bill, as and if amended, by striking subsection (B) of Section 59-29-120 of the 1976 Code, as contained in SECTION 1, and inserting:
/(B) On November eleventh of each year which is a legal holiday in this State as provided by Section 53-5-10 to commemorate and honor veterans, all elementary, middle, and high schools in this State if they are open, shall devote at least one hour of the school day in either classroom instruction or at a student body assembly program to study the United States Constitution and the Declaration of Independence. If any such school is not open on November eleventh, this instruction or assembly program must be given on the day the school is open immediately preceding November eleventh./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WALKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
S. 1137 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STILLE explained the Joint Resolution.
Rep. SPEARMAN 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4642 -- Rep. Townsend: A BILL TO AMEND ACT 258 OF 1998, RELATING GENERALLY TO THE ISSUANCE, SUSPENSION, REVOCATION, AND RENEWAL OF A BEGINNER'S PERMIT, SPECIAL RESTRICTED DRIVER'S LICENSE, PROVISIONAL DRIVER'S LICENSE, AND REGULAR DRIVER'S LICENSE, THE EFFECT OF CERTAIN CONVICTIONS ON A PERSON'S DRIVING RECORD, ISSUANCE OF CERTIFICATES FOR COMPLETING A DRIVER TRAINING COURSE, EXCEPTIONS FROM THE DRIVER'S LICENSING REQUIREMENT, THE TESTING OF THE BAC DATAMASTER, THE ISSUANCE OF LAW ENFORCEMENT OFFICER CERTIFICATES, AND THE OPERATION OF COMMERCIAL MOTOR VEHICLES, SO AS TO PROVIDE THAT A PERSON WHO IS A HOLDER OF A SPECIAL RESTRICTED DRIVER'S LICENSE MAY OBTAIN A REGULAR DRIVER'S LICENSE BEFORE THE AGE OF SEVENTEEN UNDER CERTAIN CIRCUMSTANCES.
Rep. SHEHEEN 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4750 -- Reps. Townsend and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-35 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO ESTABLISH A SPECIAL FUNDS ACCOUNT; BY ADDING SECTION 57-1-38 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION DISCRETIONARY AUTHORITY TO RELAX DESIGN AND CONSTRUCTION STANDARDS FOR HIGHWAY PROJECTS IN THE SECONDARY STATE HIGHWAY SYSTEM WITHOUT INCURRING LIABILITY; BY ADDING SECTION 57-11-95 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO EXPEND ALL CASH BALANCES FROM A PRIOR YEAR UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 57-11-100 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO SECURE BONDS AND INSURANCE COVERING CERTAIN ACTIVITIES; BY ADDING SECTION 57-11-105 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO COMPENSATE ITS EMPLOYEES PURSUANT TO THE STATE'S ANNUAL APPROPRIATIONS ACT; AND BY ADDING SECTION 57-11-110 SO AS TO PROVIDE THE DEPARTMENT OF TRANSPORTATION THE AUTHORITY TO ESTABLISH A SCHEDULE OF DOCUMENT FEES.
Rep. SHEHEEN 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4614 -- Reps. Walker, Littlejohn, Allison, Davenport, Lee, Townsend, McCraw, D. Smith, Hawkins and Cato: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE-PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO FURTHER PROVIDE FOR THOSE FINANCING AGREEMENTS OR CONTRACTS WHICH ARE NOT CONSIDERED A LEASE-PURCHASE OR FINANCING AGREEMENT SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS.
Rep. SHEHEEN 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
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.
Rep. STUART 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4694 -- Reps. Neilson, Bailey, Barfield, Baxley, Bowers, Byrd, Cave, Clyburn, Cobb-Hunter, J. Hines, M. Hines, Howard, Inabinett, Jennings, Martin, McCraw, McLeod, Moody-Lawrence, Neal, Phillips, Scott, J. Smith, R. Smith and Stoddard: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
Rep. TRIPP 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 3932 -- Reps. Wilkins, H. Brown, Easterday, Klauber, Haskins, Young-Brickell, Cato, Cooper, Sharpe, Sandifer, Bailey, Robinson, Harrell, Boan, Knotts, Whatley, Young and Altman: A BILL TO AMEND CHAPTER 36 OF TITLE 12, RELATING TO SALES AND USE TAX, BY ADDING SECTION 12-36-160 SO AS TO ADD APPROPRIATE DEFINITIONS; TO AMEND SECTIONS 12-36-60, AS AMENDED, 12-36-70, AS AMENDED, 12-36-110, AS AMENDED, 12-36-120, AS AMENDED, 12-36-910, AS AMENDED, AND 12-36-1310, RELATING TO TAXING PROCEEDS OF RETAIL AND WHOLESALE SALES OF TANGIBLE PERSONAL PROPERTY, SO AS TO IMPOSE A FIVE PERCENT SALES AND USE TAX ON LOCAL TELECOMMUNICATION SERVICES, CABLE TELEVISION SUBSCRIBER SERVICES, AND PAGING SERVICES; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO DELETE THE EXEMPTION FOR TOLL CHARGES FOR VOICE OR MESSAGE TRANSMISSION, CHARGES FOR TELEGRAPH MESSAGES AND CARRIER AND CUSTOMER ACCESS LINE CHARGES; AND TO REPEAL SECTION 12-36-2645 RELATING TO TAXES ON THE PROCEEDS OF 900/976 TELEPHONE SERVICES.
Rep. SHEHEEN 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4435 -- Reps. Campsen, F. Smith, Bailey, Quinn, Meacham, Cromer, Beck, Wilkes, Clyburn, Woodrum, Young, Barrett, T. Brown, Hamilton, Limehouse, Robinson, Easterday, Vaughn, Walker, Littlejohn, Sandifer, Davenport, Haskins, Tripp, Leach, Bowers, Bauer, Lanford and Phillips: A BILL TO AMEND SECTION 12-6-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REFERENCE DATE WHEREBY THIS STATE ADOPTS VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE AND OTHER MATTERS RELATING TO FEDERAL INCOME CONFORMITY, SO AS TO UPDATE THE REFERENCE DATE AND ALLOW A TAXPAYER TO ELECT A 1985 REFERENCE DATE WITH RESPECT TO CERTAIN CORPORATE LIQUIDATIONS.
Rep. SHEHEEN 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 Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4894MM.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 4-10-90(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(C) The Department of Revenue shall furnish data to the State Treasurer and to the governing bodies of the counties and municipalities receiving revenues for the purpose of calculating distributions and estimating revenues. The information which may be supplied to counties and municipalities includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information by taxpayer received by appropriate county or municipal officials is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240. The State Treasurer may correct misallocations from the Property Tax Credit Fund and County/Municipal Revenue Fund by adjusting subsequent allocations, but these adjustments may be made only in allocations made in the same fiscal year as the misallocation. However, allocations made as a result of city or county code errors must be corrected prospectively."
B. This section is effective for tax years beginning after December 31, 1998./
Amend further by adding an appropriately numbered SECTION to read:
/SECTION __. A. Section 4-12-20 of the 1976 Code, as added by Act 125 of 1995, is amended to read:
"Section 4-12-20. Every agreement between a county, council or county councils municipality, school district, water and sewer authority, or other political subdivision and another party in the form of a lease must contain a provision requiring the industry other party to make payments to the county or counties, municipality or municipalities, school district or school districts, water and sewer authority, and other political units subdivisions in which the project is located in lieu of taxes, in the amounts that would result from taxes levied on the project by the a county or counties, municipality or municipalities, school district or school districts, water and sewer authority, and other other political unit or units subdivisions, if the project were owned by the industry other party, but with appropriate reductions similar to the tax exemptions, if any, which would be afforded to the industry other party if it were owner of the project."
B. This section is effective for leases entered into after the approval by the Governor./
Amend further , page 4, by deleting SECTION 6 in its entirety and inserting:
/SECTION 6. The 1976 Code is amended by adding:
"Section 12-20-175. License fees may be reduced by credits provided in Section 12-6-3410 or Section 12-6-3480, or both of them."/
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. JENNINGS moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., April 14, 1998
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:15 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. H. BROWN the invitation was accepted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 5030 -- Reps. Tripp, Klauber, Wilkins, H. Brown, Robinson, Law, Campsen, Haskins, Meacham, Littlejohn, Sharpe, Mason, Cromer, Whatley, Vaughn, Rice, Kirsh, Cato, Harrison, Walker, R. Smith, Simrill, Harrell, Davenport, Easterday, Hamilton, Loftis, Leach, D. Smith and Limehouse: A BILL TO AMEND SECTIONS 8-13-1302, 8-13-1308, AS AMENDED, AND 8-13-1360, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO MAINTENANCE AND REPORTING OF ELECTION CAMPAIGN CONTRIBUTIONS AND EXPENDITURES, SO AS TO REQUIRE THAT A CANDIDATE FOR PUBLIC OFFICE DISCLOSE THE OCCUPATION OF A PERSON WHO CONTRIBUTES FIVE HUNDRED DOLLARS OR MORE TO THE CANDIDATE'S CAMPAIGN.
Referred to Committee on Judiciary.
H. 5031 -- Reps. Lloyd, Bowers, Inabinett, Bailey and Rhoad: A BILL TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
On motion of Rep. LLOYD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5032 -- Reps. Jennings, Altman and Maddox: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1095, SO AS TO ESTABLISH THE CRIME OF CRIMINAL SOLICITATION, TO PROVIDE A PENALTY, TO ABOLISH THE COMMON LAW CRIME OF CRIMINAL SOLICITATION, AND TO PROVIDE A PENALTY; AND TO AMEND SECTION 16-11-325, RELATING TO THE CLASSIFICATION OF THE COMMON LAW OFFENSE OF ROBBERY AS A FELONY, SO AS TO DEFINE ROBBERY AND ABOLISH ROBBERY AS A COMMON LAW OFFENSE.
Referred to Committee on Judiciary.
H. 5033 -- Rep. Fleming: A BILL TO AMEND SECTION 40-47-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REEXAMINATION FOR LICENSURE AS A PHYSICIAN, SO AS TO PROVIDE THAT A PERSON MAY BE REEXAMINED FIVE TIMES RATHER THAN FOUR TIMES AND TO REVISE THE CRITERIA FOR QUALIFYING FOR REEXAMINATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5034 -- Rep. Witherspoon: A BILL TO AMEND SECTION 44-56-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHING REHABILITATION PRIORITIES AT CONTAMINATED DRYCLEANING FACILITIES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MAY NOT EXPEND FROM THE DRYCLEANING FACILITY RESTORATION FUND MORE THAN TWO HUNDRED FIFTY THOUSAND DOLLARS ANNUALLY FOR INVESTIGATION AND REHABILITATION ACTIVITIES, RATHER THAN TO LIMIT EXPENDITURES TO FIVE PERCENT OF THE AVERAGE COLLECTED ANNUAL BALANCE OF THE FUND AND TO AMEND SECTION 44-56-470 RELATING TO ANNUAL DRYCLEANING FACILITY REGISTRATION FEES, SO AS TO EXTEND FROM DECEMBER 1, 1996 TO JULY 1, 1999 THE TIME WITHIN WHICH A FACILITY OWNER OR OPERATOR MUST DEMONSTRATE, THROUGH OBTAINING CERTIFICATION, COMPETENCY TO OPERATE A FACILITY AND MUST INSTALL DIKES OR OTHER CONTAINMENT STRUCTURES AROUND EQUIPMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 5035 -- Rep. Townsend: A BILL TO AMEND CHAPTER 7 OF TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PEACE, BY ADDING SECTION 16-7-180 SO AS TO PROVIDE THAT A PERSON WHO ADVOCATES, THROUGH CERTAIN NAMED ACTS, THE VIOLENT OR FORCEFUL OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES, THE STATE OF SOUTH CAROLINA, OR ANY POLITICAL SUBDIVISION IS GUILTY OF A FELONY AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 5036 -- Reps. McMaster, Inabinett, Cromer, Govan, Fleming and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-377 SO AS TO PROVIDE THAT AN EMPLOYER WHO KNOWINGLY PLACES AN EMPLOYEE AT GRAVE RISK OF EXTREME INJURY OR DEATH MAY BE SUED FOR DAMAGES, PROVIDE FOR THE WAIVER OF RIGHTS AND REMEDIES FOR COMPENSATION UNDER THE SOUTH CAROLINA WORKERS' COMPENSATION LAW IN THE EVENT THAT SUCH AN ACTION IS INSTITUTED, PROVIDE THAT ANY PUNITIVE DAMAGES WHICH ARE AWARDED MUST BE PAID TO THE WORKERS' COMPENSATION COMMISSION, AND PROVIDE DEFINITIONS FOR THE TERMS "EXTREME INJURY" AND "GRAVE RISK" AS USED IN THIS SECTION.
Referred to Committee on Labor, Commerce and Industry.
H. 5037 -- Reps. McMaster, Harrison, Stille, Cromer, Byrd and Jordan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 63 SO AS TO ENACT THE "COMPUTER NETWORK ECONOMIC IMPACT ACT OF 1998", TO PROVIDE FOR THE CREATION OF AN IMPACT FUND AND ESTABLISH GUIDELINES FOR USE OF THE FUNDS, AND PROVIDE TAX CREDITS FOR QUALIFIED APPLICANTS.
Referred to Committee on Ways and Means.
H. 5038 -- Rep. Seithel: A BILL TO AMEND THE 1976 CODE BY ADDING SECTION 44-41-25 SO AS TO PROVIDE THAT THE FACILITIES WHERE ANY ABORTIONS ARE PERFORMED, REGARDLESS OF THE TRIMESTER OF THE PREGNANCY, MUST BE REGULATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Judiciary.
H. 5039 -- Reps. McMaster, Inabinett, Harrison, Cromer and Byrd: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-352 SO AS TO REQUIRE A COMMUNITY RESIDENTIAL CARE FACILITY, AS A CONDITION OF LICENSURE, TO OBTAIN A BOND TO ENSURE THE SAFETY, SECURITY, AND HEALTH OF THE FACILITY RESIDENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 5040 -- Reps. McMaster, Harrison, Stuart, Inabinett, Simrill, McGee, Young-Brickell, Govan, Robinson and Byrd: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF LOCAL CHILD PROTECTIVE AGENCIES WITH REGARD TO CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE LAW ENFORCEMENT TO NOTIFY THE SOLICITOR WHEN A PERSON HAS BEEN ARRESTED FOR VIOLATION OF A CRIMINAL LAW IN CONNECTION WITH COMMITTING ABUSE OR NEGLECT FOR THE PURPOSE OF SEEKING AN INDICTMENT.
Referred to Committee on Judiciary.
H. 5041 -- Reps. McMaster, Bowers, Sharpe, Wilkes, Whatley, Vaughn, McLeod, Cotty, McCraw, Stoddard, Davenport, Wilder, Barfield, Neilson, Gamble, Littlejohn, Rodgers, Rhoad and Phillips: A BILL TO AMEND ARTICLE 25, CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INCOME TAX CREDITS, BY ADDING SECTION 12-6-3375 SO AS TO PROVIDE FOR AN ADDITIONAL CREDIT OF FIVE HUNDRED DOLLARS AGAINST THE TAXABLE INCOME OF AN INDIVIDUAL TAXPAYER WHO HAS A MENTALLY OR PHYSICALLY HANDICAPPED DEPENDENT AND TO DEFINE "MENTALLY OR PHYSICALLY HANDICAPPED" FOR PURPOSES OF THE CREDIT.
Referred to Committee on Ways and Means.
H. 5044 -- Reps. Whatley and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-16 SO AS TO PROVIDE THAT IN ORDER TO QUALIFY AS A CANDIDATE TO RUN IN A PRIMARY OR GENERAL ELECTION, CANDIDATES MUST FILE WITH THE APPROPRIATE SUPERVISING AUTHORITY A CRIMINAL RECORDS CHECK REGARDING THEMSELVES FROM THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION OR THE FEDERAL BUREAU OF INVESTIGATION.
Referred to Committee on Judiciary.
H. 5045 -- Reps. Campsen, Easterday, Young, Altman, Loftis, Simrill, Leach, Jordan, Fleming, Littlejohn, Allison, Walker, D. Smith, Davenport, Cato, Barrett, Harrison, H. Brown, Woodrum, Hamilton, Delleney, Vaughn, Robinson, Beck, Tripp, Haskins, Hawkins and Limehouse: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 32 SO AS TO ENACT THE "SOUTH CAROLINA RELIGIOUS FREEDOM RESTORATION ACT" UNDER WHICH THE STATE OF SOUTH CAROLINA AND ANY POLITICAL SUBDIVISION OF THE STATE IS PROHIBITED FROM BURDENING A PERSON'S CONSTITUTIONAL EXERCISE OF RELIGION EXCEPT UNDER CERTAIN CONDITIONS AND UNDER WHICH A PERSON WHOSE EXERCISE OF RELIGION HAS BEEN BURDENED IN VIOLATION OF THIS CHAPTER MAY ASSERT THAT VIOLATION AS A CLAIM OR DEFENSE IN A JUDICIAL PROCEEDING AND OBTAIN APPROPRIATE RELIEF AGAINST THE STATE OR ANY POLITICAL SUBDIVISION OF THE STATE.
Referred to Committee on Judiciary.
The following was introduced:
H. 5042 -- Reps. McMaster, Cotty, Harrison, Stoddard, Hinson, Littlejohn, Mason, Barfield, Sharpe, Neilson, Whatley, McLeod, Beck, R. Smith, Vaughn, Bailey, Rodgers, Rhoad, Moody-Lawrence, Kelley, Phillips, Breeland, Boan, Emory, J. Hines, McCraw, Hamilton, Wilkes, Mack, Gamble, Kirsh, Dantzler and Gourdine: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND MANY FRIENDS OF ONE OF THIS STATE'S MOST PROMINENT AND RESPECTED LEADERS, MAJOR GENERAL ROBERT BAILEY SOLOMON, U.S. ARMY RETIRED, AND FORMER COMMANDER OF FORT JACKSON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. QUINN, with unanimous consent, the following was taken up for immediate consideration:
H. 5043 -- Reps. Quinn, Woodrum, Inabinett, Gamble, Rhoad, Barrett, Martin, Bailey, McGee, Sandifer, Stuart, Koon, Spearman, McKay, Rodgers, Riser and H. Brown: A CONCURRENT RESOLUTION DESIGNATING THE WEEK OF APRIL 27, 1998, AS "TRANSPORTATION WEEK" IN SOUTH CAROLINA FOR 1998 TO RECOGNIZE THE IMPORTANT ROLE TRANSPORTATION PLAYS IN OUR DAILY LIVES.
Whereas, the economic well-being of this State and of our nation is dependent upon a sound transportation system; and
Whereas, the impressive growth of the various means of transportation has been responsive to the public's increasing demands for specialized, flexible, low-cost, and efficient transportation services to meet the changing business patterns of this century; and
Whereas, the military security of this county and of the world is contingent upon the capacity of the transportation industry to move the armed forces; and
Whereas, the men and women who constitute the work force of the transportation industry are committed to meeting the needs of every home and business in the Palmetto State; and
Whereas, the South Carolina Department of Transportation has been recognized as the most efficient highway department in the nation for three consecutive years; and
Whereas, the South Carolina Transportation Policy and Research Council for the past seventeen years has been an advocate for a sound transportation policy in the Palmetto State. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, designates the week of April 27, 1998, as "Transportation Week" in South Carolina for 1998 to recognize the important role transportation plays in our daily lives.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Transportation Policy and Research Council, Post Office Box 50142, Columbia, South Carolina 29250.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5046 -- Reps. Harvin, Kennedy and Koon: A CONCURRENT RESOLUTION TO CONGRATULATE MR. STANLEY DONEN, A NATIVE OF SOUTH CAROLINA, UPON HIS RECEIPT OF A LIFETIME ACHIEVEMENT OSCAR AT THE 1998 ACADEMY AWARDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. J. BROWN moved that upon the completion of the Ratification of Acts that the House stand adjourned, which was agreed to.
At 1:15 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R326) S. 920 -- Senators Lander, Courson and Giese: AN ACT 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, TO DEFINE THE "SOUTH CAROLINA DONOR REFERRAL NETWORK", AND TO REQUIRE THE NETWORK TO CONDUCT DEATH RECORD REVIEWS PURSUANT TO AGREEMENTS ENTERED INTO WITH HOSPITALS FOR THE PURPOSE OF ENSURING COMPLIANCE WITH THIS ARTICLE; 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.
(R327) S. 921 -- Senators Lander, Courson and Giese: AN ACT 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.
(R328) H. 3619 -- Rep. Wilkes: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-11-28 AND 50-11-29 SO AS TO MAKE IT UNLAWFUL TO HUNT MIGRATORY WATERFOWL ON LAKES GREENWOOD AND WATEREE RESPECTIVELY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER AND OCCUPANT, TO DEFINE LAKES GREENWOOD AND WATEREE FOR THE ABOVE PURPOSES, AND TO PROVIDE PENALTIES FOR VIOLATION.
(R329) H. 3792 -- Reps. Cato and Walker: AN ACT TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASUALTY AND SURETY INSURANCE RATES AND ASSIGNED RISK, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT INSURERS PARTICIPATING IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS AND SHALL PAY THEIR ASSESSMENTS AND THAT THE ASSIGNED RISK PLAN ADMINISTRATOR SHALL MAINTAIN NECESSARY RATE-MAKING DATA IN ORDER TO PERMIT THE ACTUARIAL DETERMINATION OF RATES AND RATING PLANS APPROPRIATE FOR THE BUSINESS INSURED THROUGH THE PLAN; TO AMEND SECTION 38-73-1210, AS AMENDED, RELATING TO PROPERTY, CASUALTY, INLAND MARINE, AND SURETY INSURANCE RATES, RATING ORGANIZATIONS, AND THE PROVISION THAT MEMBERS OF A RATING ORGANIZATION ARE NOT REQUIRED TO FILE INDIVIDUALLY, SO AS TO AUTHORIZE A RATING ORGANIZATION TO COLLECT, COMPILE, AND DISSEMINATE TO INSURERS COMPILATIONS OF PAST AND CURRENT PREMIUMS OF INSURERS; AND TO PROVIDE THAT NOTHING CONTAINED IN THIS ACT APPLIES TO SELF-INSURERS.
(R330) H. 3974 -- Reps. Campsen, Seithel, Woodrum, Altman and Young: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME, AND TO AUTHORIZE THE PLACING AGENCY TO PETITION FOR AN EXCEPTION FOR GOOD CAUSE.
(R331) H. 4354 -- Reps. Cato, Kirsh, Mason, Sandifer and Seithel: AN ACT TO AMEND SECTION 34-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT OF MEMBERS TO THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO REALLOCATE BETWEEN THE SOUTH CAROLINA BANKERS ASSOCIATION AND THE STATE COOPERATIVE CREDIT UNION LEAGUE THE TWO MEMBERS FORMERLY REPRESENTING THE STATE SAVINGS AND LOAN LEAGUE.
(R332) H. 4543 -- Rep. Gamble: AN ACT TO AMEND SECTION 34-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM AMOUNTS OF BANK LOANS, SO AS TO CONFORM THE AMOUNTS TO FEDERAL LAW BY SETTING THE MAXIMUMS AS PERCENTAGES OF THE BANK'S UNIMPAIRED CAPITAL AND BY DEFINING "UNIMPAIRED CAPITAL".
(R333) H. 4596 -- Reps. Harrison and Cromer: AN ACT TO AMEND SECTION 7-3-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ELECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO MEET AT SUCH TIMES AS IT CONSIDERS NECESSARY.
(R334) H. 4640 -- Reps. Rhoad, Sharpe, Barfield, T. Brown and Webb: A JOINT RESOLUTION TO REQUIRE A PERSON ENGAGED IN PESTICIDE OPERATIONS TO ENSURE THAT ALL COMPRESSED GAS TANKS OR CYLINDERS USED TO SUPPLY PROPELLANT FOR PESTICIDES ARE EQUIPPED WITH PROPERLY FUNCTIONING BACK FLOW PREVENTION DEVICES AND TO PROVIDE CRIMINAL AND CIVIL PENALTIES.
(R335) 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.
(R336) H. 4826 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO IMPORTATION OF LIVESTOCK, SHEEP AND GOATS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2234, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R337) H. 4827 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF CLEMSON UNIVERSITY, LIVESTOCK, POULTRY HEALTH DIVISION, RELATING TO VESICULAR STOMATITIS RESTRICTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2235, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R338) H. 4867 -- Reps. Simrill and Kirsh: AN ACT 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.
(R339) H. 4887 -- Reps. Meacham, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: AN ACT 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.
At 1:30 P.M. the House in accordance with the motion of Rep. SCOTT adjourned in memory of Dr. Benjamin Franklin Canty, Jr., brother of Representative CANTY, to meet at 10:00 A.M. tomorrow.
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