Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Our Father God, Who overarches our fleeting days with eternity and Who undergirds our weakness with Your strength, cause us to lean heavily upon Your strong right arm. In our human limitations, we are beset by so many and varied problems and perplexities. We turn, then, to You, O Lord, Whose mercy is like the wideness of the sea. Fill us with Your wisdom; then send us forth as heralds bearing the bread of kindness and the red wine of sacrificial service.
At this alter of prayer, we lift up our humble and grateful hearts. Favor us with Your divine presence now and always. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HAWKINS moved that when the House adjourns, it adjourn in memory of Melvin Parker, Jr. of Spartanburg, which was agreed to.
The following were received.
Document No. 2226
Promulgated By Department of Education
Statutory Authority: 1976 Code Sections 59-5-60, 59-30-10, 59-39-100
Graduation Requirements
Received By Speaker January 13, 1998
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration May 13, 1998
Revised May 29, 1998
Withdrawn and Resubmitted April 16, 1998
Document No. 2223
Promulgated By Department of Education
Statutory Authority: 1976 Code Sections 59-5-65 and 56-26-10, et seq.
Assisting, Developing and Evaluating Professional Teaching (ADEPT)
Received By Speaker January 12, 1998
Referred to House Committee on Education and Public Works
120 Day Review Period Expiration May 12, 1998
Revised May 28, 1998
Withdrawn and Resubmitted April 16, 1998
The following was received.
Columbia, S.C., April 15, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on H. 4725, R. 321 by a vote of 45 to 0.
(R321) H. 4725 -- Reps. Cato and Vaughn: A JOINT RESOLUTION TO PROVIDE FOR DISBURSEMENT OF EXCESS FUNDS COLLECTED BY THE UPPER GREENVILLE COUNTY HOSPITAL DISTRICT BY WAY OF GENERAL OBLIGATION BONDS AUTHORIZED BY ACT 744 OF 1967 AND ACT 1533 OF 1968 UPON HOLDING OF A PUBLIC HEARING AND APPROVAL OF THE DISBURSEMENT PLAN BY THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
Very respectfully,
President
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-5-40 SO AS TO DESIGNATE THE SECRETARY OF STATE TO MONITOR ALL ELECTED OR APPOINTED STATE BOARDS AND COMMISSIONS IN ORDER TO ASCERTAIN WHEN VACANCIES OCCUR AND PUBLICIZE THESE VACANCIES AND POSITIONS ON THESE BODIES WHOSE TERMS EXPIRE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5056 -- Labor, Commerce and Industry Committee: A BILL TO AMEND CHAPTER 19, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC MUTUAL INSURERS, BY ADDING ARTICLE 13 SO AS TO PROVIDE FOR THE REORGANIZATION OF A DOMESTIC OR FOREIGN MUTUAL INSURER AS A DOMESTIC MUTUAL INSURANCE HOLDING COMPANY SYSTEM.
Without reference.
S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
Referred to Committee on Judiciary.
S. 914 -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1998", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.
Referred to Committee on Judiciary.
S. 1008 -- Senators Anderson and Branton: A BILL TO AMEND SECTION 44-6-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TITLE XIX STATE PLAN, SO AS TO PROVIDE THAT SUBJECT TO THE AVAILABILITY OF FUNDING, THE HEALTH AND HUMAN SERVICES DEPARTMENT IS DIRECTED TO PROVIDE PAYMENT FOR FOUR PRESCRIPTIONS PER MONTH FOR MEDICAID ELIGIBLE RECIPIENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
Referred to Committee on Education and Public Works.
S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Referred to Committee on Judiciary.
The following was introduced:
H. 5057 -- Reps. Wilder, Carnell, McLeod and McAbee: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE AT THE INTERSECTION OF INTERSTATE 385 AND UNITED STATES HIGHWAY 221 IN LAURENS COUNTY IN HONOR OF EUGENE C. STODDARD AND TO PLACE APPROPRIATE MARKERS OR SIGNS AT THE INTERCHANGE REFLECTING THIS DESIGNATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Cato Cave Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gourdine Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Martin Mason McCraw McGee McKay McLeod McMahand Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Sharpe Sheheen Smith, D. Smith, F. Smith, R. Spearman Stoddard Stuart Tripp Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, April 16.
Jennings G. McAbee James N. Law Teddy N. Trotter Alfred B. Robinson, Jr. J. Gary Simrill Ronald P. Townsend Joseph H. Neal Joe McMaster Shirley R. Hinson J. Cordell Maddox, Jr. John G. Felder Steve P. Lanford Timothy C. Wilkes Alma W. Byrd Harry C. Stille John L. Scott, Jr. W. Jeffrey Young Leon Howard James L.M. Cromer, Jr. Douglas Jennings, Jr. Gilda Cobb-Hunter Lynn Seithel Clementa C. Pinckney Theodore A. Brown Jerry N. Govan, Jr. William D. Boan
LEAVE OF ABSENCE
The SPEAKER granted Rep. MOODY-LAWRENCE a leave of absence for the day due to illness.
Rep. BOAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 15.
Rep. STUART signed a statement with the clerk that she was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, April 15.
Announcement was made that Dr. Brenna Delaine of Lancaster 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:
4/16/98 Robert W. Leach
4/16/98 Terry E. Haskins
4/16/98 Glenn Lewis Hamilton
4/16/98 Dwight A. Loftis
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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.
H. 5031 -- Reps. Lloyd, Bowers, Inabinett, Bailey and Rhoad: A BILL TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
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.
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.
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, LEASE PURCHASE AGREEMENTS, OR CONTRACTS WHICH A GOVERNMENTAL ENTITY IS PERMITTED TO ENTER INTO WITHOUT THEIR BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, AND TO MAKE TECHNICAL REFERENCE CHANGES.
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.
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.
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.
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.
H. 4634 -- Reps. Sandifer, Quinn, R. Smith, Easterday, Cooper, Simrill, Townsend, Kennedy, Rice, Trotter, Woodrum, Barrett, Cotty, Webb, Martin, Law, Kelley, Koon, Dantzler, McMaster, Harrell, Sharpe, McKay, H. Brown, Robinson, Young, McGee, Cato, Harrison, Riser, Boan, Jennings, Vaughn, Young-Brickell, Keegan, Felder, Haskins, Kirsh, Leach, Meacham and Lanford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-735 SO AS TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES BETWEEN TRANSFEROR AND TRANSFEREE ON ITEMS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING MOTOR VEHICLES OR UNITS OF MANUFACTURED HOUSING, AND TO PROVIDE FOR THE LIABILITY FOR PAYMENT OF THE PRORATED TAXES.
H. 4822 -- Rep. Jennings: A BILL TO AMEND SECTION 12-54-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF A WARRANT OF DISTRAINT IN INSTANCES OF PAST DUE TAXES, SO AS TO CREATE A LIEN IN FAVOR OF THE DEPARTMENT OF REVENUE AGAINST ALL PROPERTY OF A PERSON WHO DOES NOT PAY PAST DUE TAXES; AND BY ADDING SECTION 12-54-122 SO AS TO REFER TO THE LIEN AS "TAX LIEN" AND TO DESCRIBE ITS EFFECTS, TO DEFINE MATERIAL TERMS, AND TO SET FORTH PROCEDURES FOR ESTABLISHING AND ENFORCING THE VALIDITY AND PRIORITY OF THE TAX LIEN IMPOSED FOR PAST DUE TAXES.
H. 4868 -- Reps. H. Brown, Keegan and Cooper: A BILL TO AMEND SECTIONS 12-37-2810, 12-37-2820, AS AMENDED, 12-37-2830, AS AMENDED, 12-37-2840, AS AMENDED, AND 12-37-2850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO MOTOR CARRIERS AND THE ASSESSMENT OF PROPERTY TAXES ON MOTOR VEHICLES OF MOTOR CARRIERS, SO AS TO REVISE THE DEFINITION OF "MOTOR CARRIER" TO CLARIFY THAT THE DEFINITION EXTENDS TO THE TRANSPORTATION OF BOTH PROPERTY AND PERSONS, AND TO DEFINE "BUS" AND "GROSS CAPITALIZED COST"; TO DELETE THE REQUIREMENT OF VALUATION BY THE DEPARTMENT OF REVENUE; TO PROVIDE FOR PROPOSED ASSESSMENT BY THE DEPARTMENT IF A MOTOR CARRIER FAILS TO FILE A RETURN; AND TO PROVIDE FOR ASSESSMENT BASED ON THE PRECEDING CALENDAR YEAR.
H. 4119 -- Reps. Miller, Edge, G. Brown, Whipper, Seithel, Mullen, Hawkins, Delleney, Meacham, M. Hines, Kelley, Cotty, Inabinett, Walker, McMahand, Sheheen, McCraw, Battle, Phillips, T. Brown, Kennedy, Neal, Keegan, Rhoad, Govan, Witherspoon, Whatley, Fleming, Carnell, Knotts, Webb, Cromer, Lee, F. Smith, Allison, McLeod, J. Brown, Byrd, Boan, Hodges, Stille, Maddox, Townsend, Sandifer, Cave, Barrett, Riser, Moody-Lawrence, Robinson, D. Smith, Gourdine, Harvin, Bauer and Martin: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO INDEBTEDNESS PAYABLE FROM REVENUE-PRODUCING PROJECTS AND FROM SPECIAL SOURCES, SO AS TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRANCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
H. 4120 -- Rep. Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.
H. 4785 -- Reps. Wilkins and Harrison: A BILL TO AMEND SECTION 33-42-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL OF A LIMITED PARTNER FROM A LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT A LIMITED PARTNER MAY WITHDRAW ONLY AT THE TIME OR UPON THE HAPPENING OF EVENTS SPECIFIED IN A WRITTEN PARTNERSHIP AGREEMENT.
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
The following Joint Resolution was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
S. 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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
S. 443 -- Senator Leatherman: A BILL TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL STRUCTURES BEFORE OCCUPANCY AND PORTIONS OF EXISTING BUILDINGS COVERED BY BUILDING PERMITS.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 5050 -- Rep. Rhoad: A BILL TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.
S. 1175 -- Senator Alexander: A BILL TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO STAGGER THE TERMS OF THE MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
H. 5052 -- Rep. Bauer: A BILL TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO AUTHORIZE THE DISTRICT TO COMMISSION AND TRAIN QUALIFIED ENFORCEMENT OFFICERS.
H. 4884 -- Rep. Harrison: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
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.
Rep. STILLE explained the Joint Resolution.
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.
Rep. WALKER explained the Joint Resolution.
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.
Rep. WALKER explained the Joint Resolution.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 5050 be read the third time tomorrow.
On motion of Rep. SANDIFER, with unanimous consent, it was ordered that S. 1175 be read the third time tomorrow.
On motion of Rep. BAUER, with unanimous consent, it was ordered that H. 5052 be read the third time tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. HARRELL having the floor.
H. 4854 -- Reps. Boan and R. Smith: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-45-420 SO AS TO ALLOW A COUNTY TREASURER TO WAIVE OR REDUCE TAX PENALTIES, BUT NOT INTEREST; BY ADDING SECTION 12-49-85 SO AS TO PROVIDE A PROCEDURE FOR REMOVAL OF UNCOLLECTIBLE AD VALOREM PROPERTY TAXES FROM THE PROPERTY TAX LIST; TO AMEND SECTION 12-37-251, AS AMENDED, RELATING TO THE HOMESTEAD EXEMPTION FROM PROPERTY TAXATION, SO AS TO DELETE THE LIMIT ON THE REASSESSMENT MILLAGE RATE FOR REAL AND PERSONAL PROPERTY; TO AMEND SECTION 12-43-220, AS AMENDED, RELATING TO ASSESSMENT RATIOS FOR PROPERTY TAXATION, SO AS TO REQUIRE THE RECORDING OF A CONTRACT OF SALE WHEN THE FOUR PERCENT ASSESSMENT RATE ON A LEGAL RESIDENCE IS CLAIMED PURSUANT TO A CONTRACT OF SALE; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS ON ASSESSMENT OF TAXES AND FEES, SO AS TO ESTABLISH THAT PROPERTY TAX ASSESSMENT OCCURS ON THE LATER OF THE LAST DAY THE TAX MAY BE PAID OR THE DATE OF THE TAX NOTICE; TO AMEND SECTION 12-60-2520, RELATING TO A TAXPAYER'S WRITTEN REQUEST TO MEET WITH THE ASSESSOR, SO AS TO REQUIRE CORRECTION OF THE ASSESSMENT UPON DETERMINATION THAT TAXPAYER'S WRITTEN REQUEST IS MERITORIOUS; TO AMEND SECTION 12-60-2550, RELATING TO APPEAL OF AN ASSESSMENT, SO AS TO ESTABLISH AN INTEREST RATE OF ONE-HALF OF ONE PERCENT EACH MONTH TO BE COLLECTED IN SPECIFIED CIRCUMSTANCES; TO AMEND SECTION 12-60-2910, AS AMENDED, RELATING TO A TAXPAYER'S REQUEST TO MEET WITH THE AUDITOR, SO AS TO FURTHER PROVIDE FOR WHEN THE OBJECTION TO THE TAX AND A REQUEST FOR A MEETING WITH THE AUDITOR MUST BE MADE; AND TO REPEAL SECTION 12-43-225 RELATING TO APPLICATIONS FOR SPECIAL ASSESSMENT RATIOS AND SECTION 12-49-80 RELATING TO COLLECTION OF BACK TAXES BY THE STATE WITHIN TEN YEARS OF THEIR DUE DATE.
Rep. SHEHEEN proposed the following Amendment No. 3 (Doc Name P:\AMEND\PT\1889HTC.98).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. Section 12-43-220(c)(2)(i) of the 1976 Code, as last amended by Section 24, Act 431 of 1996, is further amended to read:
"(i) To qualify for the special property tax assessment ratio allowed by this item, the owner-occupant must have actually owned and occupied the residence as his legal residence and been domiciled at that address for some period during on or before December thirty-first preceding the applicable tax year for which the assessment ratio is first claimed and remain in that status at the time of filing the application required by this item."/
Renumber sections to conform.
Amend title to conform.
Rep. HARRELL continued speaking.
Reps. SHEHEEN and SCOTT objected to the Bill.
Rep. HARRELL continued speaking.
Reps. MILLER, BATTLE, WITHERSPOON, SPEARMAN, CAVE, GOVAN and INABINETT objected to the Bill.
Reps. HARRELL, KNOTTS, KLAUBER, HAWKINS, WOODRUM, EASTERDAY, LEACH, HAMILTON, CAMPSEN, VAUGHN and R. SMITH requested debate on the Bill.
The following Bill was taken up.
H. 4933 -- Reps. Townsend, Byrd and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-126 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION IS AUTHORIZED TO GRANT A WAIVER TO CERTAIN SCHOOL DISTRICTS WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
The Committee on Education and Public Works proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9828SD.98).
Amend the bill, as and if amended, by striking Section 59-25-126 as contained in SECTION 1 and inserting:
/"Section 59-25-126. If a school district is not able to employ a sufficient number of foreign language teachers for its elementary or secondary foreign language programs, the State Board of Education is authorized to grant a waiver to that school district which shall permit it to employ foreign nationals to teach their native or acquired language in the schools of the district for a period not exceeding three years.
These foreign nationals so employed must have appropriate work clearances from the federal Immigration and Naturalization Service to enter and work in the United States and must meet all requirements for South Carolina teacher certification prior to employment except that they are not required to be United States citizens or meet the requirements of Section 59-25-120 with regard to the United States Constitution.
The State Department of Education shall promulgate regulations for the implementation of this section."/
Amend title to conform.
Rep. WALKER explained the amendment.
Reps. SIMRILL and KENNEDY requested debate on the Bill.
Rep. WALKER continued speaking.
Rep. KNOTTS requested debate on the Bill.
Rep. WALKER continued speaking.
Reps. KLAUBER, KIRSH, SANDIFER, NEILSON, LITTLEJOHN, LANFORD, LOFTIS, McMAHAND, STUART, WALKER, J. BROWN, BYRD, INABINETT, HINSON, GOVAN, TOWNSEND and MACK requested debate on the Bill.
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22072CM.98), which was adopted.
Amend the bill, as and if amended, Section 57-5-1495(M), as contained in SECTION 1, by striking /public/ on lines 24 and 25 on page 992-7.
As amended Section 57-5-1495(M) shall read:
/"(M) Notwithstanding any other provision of law, school buses transporting school children for a school event, shall be exempt from the payment of any tolls."/
amend the bill further SECTION 2 by deleting lines 33 through 37 on page 992-7.
As amended SECTION 2 shall read:
/ SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. STODDARD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. ROBINSON, SPEARMAN, DAVENPORT and WOODRUM withdrew their requests for debate on S. 22; however, other requests for debate remained upon the Bill.
On motion of Rep. WALKER, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1185 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE WILLIAM C. BOWEN, SO AS TO INCLUDE WITHIN THE EXCEPTION INBOARD BOATS DESIGNED BY THE MANUFACTURER FOR TOWING WATERSKIERS.
The SPEAKER granted Rep. SIMRILL a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration.
H. 3184 -- Rep. Davenport: A BILL TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE MONETARY PENALTIES FOR CERTAIN VIOLATIONS AND
REQUIRE ONE HUNDRED TWENTY HOURS OF COMMUNITY SERVICE WHERE THE OFFENSE IS A MISDEMEANOR.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
On motion of Rep. BYRD, with unanimous consent, the following was taken up for immediate consideration:
H. 5058 -- Rep. Byrd: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BENEDICT COLLEGE "TIGERS" MEN'S BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON A DATE AND AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE EASTERN INTERCOLLEGIATE ATHLETIC CONFERENCE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the Benedict College "Tigers" men's basketball team, coaches, and other school officials on a date and at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the Eastern Intercollegiate Athletic Conference Championship.
The Resolution was adopted.
The following was introduced:
H. 5059 -- Reps. Clyburn and Spearman: A CONCURRENT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE TIMBER, PULPWOOD, AND FOREST PRODUCTS INDUSTRY IN SOUTH CAROLINA AND TO MAKE RECOMMENDATIONS FOR CHANGES IN STATE LAWS AND REGULATIONS WHICH WOULD ALLOW THIS INDUSTRY TO MORE EFFECTIVELY DO BUSINESS IN THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
The following Joint Resolution was taken up.
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.
Rep. STODDARD explained the Joint Resolution.
Rep. TOWNSEND spoke in favor of the Joint Resolution.
Reps. KNOTTS, CAMPSEN, LAW and FLEMING requested debate on the Joint Resolution.
Rep. TOWNSEND continued speaking.
Rep. RICE requested debate on the Joint Resolution.
The following Joint Resolution was taken up.
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 11, Article X of the Constitution of this State be amended by adding a paragraph at the end to read:
"Provided, however, that endowment funds donated specifically to state-supported institutions of higher learning and held by the State Treasurer may be invested and reinvested in equity securities of a corporation within the United States that is registered on a national securities exchange, as provided in the Securities Exchange Act of 1934 or a successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. The General Assembly shall implement this paragraph by enacting legislation establishing the procedures by which these funds may be invested, in coordination with the State Retirement System Investment Panel, the State Treasurer, and the boards of trustees of the respective colleges and universities."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 11, Article X of the Constitution of this State relating to the pledging of the credit of the State and prohibiting ownership of the State in a company, association, or corporation be amended 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?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Rep. LANFORD explained the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, H. Brown, J. Campsen Canty Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Loftis Mack Martin Mason McCraw McGee McLeod McMaster Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, F. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
On motion of Rep. RISER, with unanimous consent, it was ordered that H. 4998 be read the third time tomorrow.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
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.
Rep. SHARPE explained the Bill.
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.
Rep. SPEARMAN explained the Bill.
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.
Rep. BATTLE explained the Bill.
H. 4939 -- Reps. Tripp, Wilkins, Haskins, McMahand and F. Smith: A JOINT RESOLUTION TO REQUIRE COLONIAL PIPELINE SETTLEMENT REVENUES TO BE CREDITED TO THE MITIGATION TRUST FUND FOR ENVIRONMENTAL CLEANUP OF THE REEDY RIVER.
Rep. DAVENPORT explained the Joint Resolution.
H. 4683 -- Rep. Harrison: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO ADD PROVISIONS AUTHORIZING A PROCEDURE FOR AN ASSOCIATION WHICH ISSUES PROFESSIONAL INSURANCE DESIGNATIONS, OR OTHER INSURANCE RELATED DESIGNATIONS, WHICH REQUIRE CONTINUING EDUCATION TO REQUEST AN EXEMPTION ON BEHALF OF ITS DESIGNEES FROM COMPLYING WITH THE CONTINUING EDUCATION REQUIREMENTS OF THIS SECTION DURING EACH BIENNIAL REPORTING PERIOD FOR THE LINES OF AUTHORITY COVERED BY THE DESIGNATION.
Rep. MASON explained the Bill.
H. 5049 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO INITIAL COMPLAINT; FORMAL COMPLAINT; DUTY OF THE PANEL; REVIEW BY THE BOARD; DUTY OF BOARD AFTER REVIEW; APPEAL OF DECISION; PROCEEDINGS PRIVATE UNTIL FILED; ADMINISTRATOR IS AGENT FOR SERVICE OF NOTICES ON NONRESIDENT PHYSICIANS; INVESTIGATIONS AND INJUNCTIONS; DOCKET OF COMPLAINTS; CONFIDENTIALITY OF DISCIPLINARY PROCEEDINGS; FINAL ORDERS OF THE BOARD; CONTENT OF PETITION FOR REINSTATEMENT; BOARD'S REPORT TO BE FILED; AND PROCEDURES THEREUPON; INVESTIGATION AT INSTANCE OF BOARD OR COMMISSION MEMBERS; AND PROCEDURE THEREUNDER, DESIGNATED AS REGULATION DOCUMENT NUMBER 2272, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. BATTLE explained the Joint Resolution.
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 explained the Bill.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 5001 be read the third time tomorrow.
On motion of Rep. SPEARMAN, with unanimous consent, it was ordered that H. 5014 be read the third time tomorrow.
On motion of Rep. BATTLE, with unanimous consent, it was ordered that H. 5015 be read the third time tomorrow.
On motion of Rep. TRIPP, with unanimous consent, it was ordered that H. 4939 be read the third time tomorrow.
On motion of Rep. CATO, with unanimous consent, it was ordered that H. 4683 be read the third time tomorrow.
On motion of Rep. BATTLE, with unanimous consent, it was ordered that H. 5049 be read the third time tomorrow.
On motion of Rep. BAXLEY, with unanimous consent, it was ordered that H. 4991 be read the third time tomorrow.
The following Bill was taken up.
S. 130 -- Senator Giese: A BILL TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE MANNER IN WHICH PHARMACISTS ARE LICENSED, REGULATED, AND SUPERVISED, AND THE MANNER IN WHICH PHARMACISTS CONDUCT THEIR BUSINESS.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4886 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER IN SPECIFIC GAME ZONES, SO AS TO PROVIDE THAT IN GAME ZONES 1, 2, AND 4 THE DEPARTMENT OF NATURAL RESOURCES MUST PROMULGATE REGULATIONS IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURES ACT TO PROVIDE THAT UPPER LIMB HANDICAPPED PERSONS MAY USE A CROSSBOW FOR HUNTING AND TAKING OF DEER DURING SEASONS WHEN ARCHERY TACKLE IS USED TO HUNT AND TAKE DEER.
Rep. McLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4689 -- Reps. Sharpe, Davenport, McLeod and Limehouse: A BILL TO AMEND SECTION 44-55-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE SAFE DRINKING WATER ACT, SO AS TO REVISE AND ADD DEFINITIONS; TO AMEND SECTION 44-55-30 RELATING TO THE DESIGN AND CONSTRUCTION OF PUBLIC WATER SUPPLIES, SO AS TO CHANGE REFERENCES FROM "WATER SUPPLIES" TO "WATER SYSTEMS"; TO AMEND SECTION 44-55-40, AS AMENDED, RELATING TO APPLICATIONS FOR PUBLIC WATER SYSTEM CONSTRUCTION PERMITS, SO AS TO REVISE VARIOUS REQUIREMENTS, INCLUDING REVISING THE WATER SYSTEMS CLASSIFICATIONS; TO AMEND SECTION 44-55-45, AS AMENDED, RELATING TO THE ADVISORY COMMITTEE ON WELLS, SO AS TO CONFORM A REFERENCE TO THE REVISED DEFINITIONS; TO AMEND SECTION 44-55-50 RELATING TO RECREATIONAL ACTIVITIES IN RESERVOIRS, SO AS TO REVISE AN EXEMPTION; TO AMEND SECTION 44-55-60, AS AMENDED, RELATING TO ISSUANCE OF EMERGENCY ORDERS WHERE THERE IS AN IMMINENT HAZARD IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-70 RELATING TO PUBLIC NOTICE OF A VIOLATION IN A PUBLIC WATER SYSTEM, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-80 RELATING TO UNLAWFUL ACTS RELEVANT TO PUBLIC WATER SYSTEMS, SO AS TO CONFORM TERMS TO REVISED DEFINITIONS; TO AMEND SECTION 44-55-90 RELATING TO PENALTIES AND INJUNCTIVE RELIEF, SO AS TO CLARIFY THE PENALTY FOR CONTINUOUS VIOLATIONS; TO AMEND SECTION 44-55-120, AS AMENDED, RELATING TO THE SAFE DRINKING WATER FUND, SO AS TO DELETE THE PROVISION THAT ANNUAL WATER SYSTEM FEES MUST BE ESTABLISHED ANNUALLY IN THE GENERAL APPROPRIATIONS ACT.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4453 -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT ANY PERSON WHO BAITS, ASSISTS WITH BAITING, OR CAUSES TO HAVE BAITED A DOVE FIELD OVER WHICH ONE OR MORE PERSONS ARE CHARGED WITH ILLEGALLY SHOOTING DOVES OVER BAIT IS GUILTY OF A MISDEMEANOR AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5405SD.98).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-15. A person who baits, assists with baiting, or causes to have baited an area that otherwise would be legal to hunt and over which migratory birds are being hunted is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for thirty days."/
Amend title to conform.
Rep. WITHERSPOON explained the amendment.
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 sustained the Point of Order.
The following Bill was taken up.
S. 1084 -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1058 -- Senators Ravenel, Washington and McConnell: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
Rep. KELLEY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: A BILL TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF ANIMAL, SO AS TO REDEFINE THE TERM ANIMAL AND DEFINE THE WORDS SUSTENANCE AND SHELTER; TO AMEND SECTION 47-1-40, AS AMENDED, RELATING TO THE ILL-TREATMENT OF AN ANIMAL SO AS TO ALLOW FOR DISPOSITION OF A PERSON'S CASE, WHO HAS ALLEGEDLY DISOBEYED THIS SECTION, TO BE HEARD IN EITHER MAGISTRATE'S OR MUNICIPAL COURT; TO AMEND SECTION 47-1-50, AS AMENDED, RELATING TO PENALTIES FOR THE MISUSE AND ABANDONMENT OF AN ANIMAL SO AS TO DELETE THE PROVISION THAT A PERSON MAY NOT KNOWINGLY OR WILFULLY AUTHORIZE OR PERMIT AN ANIMAL TO BE SUBJECTED TO UNNECESSARY TORTURE, SUFFERING, OR CRUELTY; TO AMEND SECTION 47-1-70, AS AMENDED, RELATING TO THE ABANDONMENT OF AN ANIMAL AND THE DEFINITION OF THE TERM NECESSITIES OF LIFE SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL MUST BE GIVEN A SUPPLY OF CLEAN, FRESH, AND POTABLE WATER AT LEAST ONCE DAILY; TO AMEND SECTION 47-1-90, RELATING TO THE TRANSPORTATION OF AN ANIMAL IN RAILROAD CARS SO AS TO REQUIRE ANY COMPANY CARRYING OR TRANSPORTING AN ANIMAL NOT TO OVERLOAD THE VEHICLE CARRYING THE ANIMAL AND TO PROVIDE THAT AN ANIMAL MUST NOT BE CONFINED IN A VEHICLE FOR A PERIOD LONGER THAN TWENTY-FOUR CONSECUTIVE HOURS UNLESS CIRCUMSTANCES STATED IN THIS SECTION ALLOW; TO AMEND SECTION 47-1-100, RELATING TO THE CARE OF AN ANIMAL UNLOADED DURING TRANSIT SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 47-1-120, RELATING TO THE CUSTODY OF AN ANIMAL WHEN ITS KEEPER IS ARRESTED, SO AS TO DELETE LANGUAGE AND PROVISIONS REGARDING CERTAIN VEHICLES; TO AMEND SECTION 47-1-140, RELATING TO THE CARE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST SO AS TO DELETE THE REQUIREMENT THAT AN ANIMAL TAKEN AFTER ITS CUSTODIAN'S ARREST BE CARED AND PROVIDED PROPERLY FOR BY THE PERSON MAKING THE ARREST UNTIL THE OWNER TAKES CUSTODY OF THE ANIMAL AND TO ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST PURSUANT TO SECTION 47-1-150; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO ALLOW AN ANIMAL TO BE HELD BY THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INVOLVED IN THE SEIZURE OF AN ANIMAL AFTER ITS CUSTODIAN'S ARREST PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON AN ANIMAL CRUELLY USED SO AS TO DELETE THE CURRENT PROVISIONS AND REQUIRE THE CONVICTED OWNER OR PERSON HAVING CUSTODY OF A CRUELLY USED ANIMAL TO FORFEIT OWNERSHIP OF THE ANIMAL AND BE RESPONSIBLE FOR COSTS INCURRED AS ORDERED BY THE SENTENCING COURT; AND TO REPEAL SECTION 47-1-30, RELATING TO WILFUL ABUSE OF HORSES OR OTHER "BEASTS OF BURDEN".
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5510SD.98), which was adopted.
Amend the bill, as and if amended, by striking SECTIONS 5 and 6 in their entirety.
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The SPEAKER granted Rep. McCRAW a leave of absence for the remainder of the day.
The amendment was then adopted.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4547 -- Rep. Felder: A BILL TO AMEND SECTION 61-2-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS ENTITLED TO BE LICENSEES OR PERMITTEES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT AND THE SALE OF BEER AND WINE, SO AS TO AUTHORIZE SUCH LICENSES AND PERMITS TO BE ISSUED TO A QUALIFYING PERSON WHO IS THE TRUE OWNER OF THE BUSINESS SEEKING THE PERMIT OR LICENSE, TO REQUIRE BUSINESSES LICENSED OR PERMITTED TO DESIGNATE AN AGENT AND MAILING ADDRESS FOR SERVICE OF NOTICES AND PROVIDE FOR SERVICE AND PROHIBIT ANY ONE PERSON FROM ACTING AS AN AGENT FOR MORE THAN ONE BUSINESS ENTITY UNLESS THE PERSON HAS AN OWNERSHIP INTEREST IN THE BUSINESS ENTITIES, TO PROHIBIT THE ISSUE OF A LICENSE OR PERMIT TO ANY PERSON UNLESS THE PERSON AND ALL PRINCIPALS ARE OF GOOD MORAL CHARACTER AND DEFINE "GOOD MORAL CHARACTER", TO PROHIBIT THE ISSUE OF A LICENSE OR PERMIT TO AN INDIVIDUAL UNDER TWENTY-ONE YEARS OF AGE OR A BUSINESS WITH AN INDIVIDUAL PRINCIPAL UNDER TWENTY-ONE YEARS OF AGE, TO REQUIRE THE DEPARTMENT OF REVENUE PROMPTLY TO INITIATE REVOCATION OF ANY PERMIT OR LICENSE ISSUED TO A PERSON NOT THE TRUE OWNER, OR WHEN THE LICENSED PERSON OR A PRINCIPAL HAS BEEN CONVICTED OF A FELONY OR CERTAIN MISDEMEANORS, OR WHEN THE LICENSED INDIVIDUAL OR AN INDIVIDUAL PRINCIPAL IS UNDER TWENTY-ONE YEARS OF AGE, TO APPLY THE REQUIREMENT THAT AN APPLICANT BE CURRENT WITH STATE AND FEDERAL TAXES TO ALL PRINCIPALS, AND TO DEFINE "PERSON" AND "PRINCIPAL".
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5522HTC.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-2-100 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-2-100. (A) No license or permit may be issued to an organization, an association, or a corporation as an entity. If an application is made for an organization, an association, or a corporation, the license or permit, if issued, must be issued to an officer of the organization, association, or corporation or a person specifically designated in writing by the Chief Executive Officer of the organization, association, or corporation. The officer or designated person is responsible under the license or permit as an individual and is subject to the provisions and penalties set forth in this title applicable to individual licensees and permittees.
(B) A person may hold multiple permits and licenses. However, a person, his agent, or his attorney must not be issued a permit or license for more than one business entity.
(C) No license or permit may be issued by the department to a person under twenty-one years of age.
(A) The department may issue licenses and permits authorized under this title to qualifying persons. Licenses and permits may be issued only to the person who is the owner of the business seeking the permit or license.
(B) The department shall initiate action to revoke any permit or license that is issued to any person who is not the owner of the licensed business or when the licensed individual or an individual principal of the licensed business is under twenty-one years of age.
(C) If application is made for a license or permit under this title by a person other than an individual, all principals are deemed to be the applicant under Section 61-2-160.
(D) The department may not issue a license or permit under this title to any person unless the person and all principals are of good moral character.
(E) The department may not issue a license or permit under this title to an individual under twenty-one years of age or a business with an individual principal under twenty-one years of age.
(F) Businesses licensed or permitted by the department under this title must designate with the department an agent and mailing address for service of notices. Any required notice may be given by handing it to the agent in person or leaving the notice at his office with a clerk or other person in charge of the office, or if there is no one in charge, leaving it in a conspicuous place in the office; or, if the office is closed or the person to be served has no office, leaving a copy at his dwelling place with a person of suitable age and discretion residing in the dwelling place; or by serving it on an employee at the licensed place of business; or by mailing it by first class mail to the agent at his last known address, postage prepaid. No person may act as agent for more than one business entity unless the person has an ownership interest in the business entities.
(G) Nothing in this section may be construed to alter the effect of Sections 61-6-140 and 61-6-150.
(H) As used in this title and unless otherwise required by the context:
(I) 'Person' includes an individual, a trust, estate, partnership, limited liability company, receiver, association, company, corporation, or any other group.
(2) 'principal' of a business or entity means a person who is described in any one or more of the following terms:
(a) an officer of the business or entity which owns the business;
(b) a partner other than a limited partner who cannot exercise any management control;
(c) a manager of limited liability company which is managed by managers;
(d) a member of the limited liability company which is not managed by managers;
(e) a fiduciary, including personal representatives, trustees, guardians, committees, and receivers, who manage, hold, or control title to or who is otherwise in direct or indirect control of the business;
(f) a person who owns twenty-five percent or more of the combined voting power of the business or entity;
(g) a person who owns twenty-five percent or more of the value of the business entity; or
(h) an employee who has day-to-day operational management responsibilities for the business or entity.
(i) a license or permit may be issued to a publicly held corporation, which is deemed the applicant under Section 61-2-160 and the corporation shall designate an officer or other employee of good moral character, over the age of twenty-one and a resident of this State in whose name the permit or license must be held on behalf of the corporation and the corporation may substitute an officer or employee if the individual is of good moral character, over the age of twenty-one, and a resident of this State, and upon notice in writing of the substitution to the department."
Section 2. Section 61-6-505 of the 1976 Code, as added by Act 458 of 1996, is amended to read:
"Section 61-6-505. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic beverages from a holder of a retail liquor license at the business, upon initiating the application process for a permanent retail liquor license, may be issued a temporary retail liquor license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department by regulation and:
(1) the applicant currently holds a valid retail liquor license; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed with obtaining pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State."
SECTION 3. Section 61-6-2005 of the 1976 Code, as added by Act 458 of 1996, is amended to read:
"Section 61-6-2005. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells alcoholic liquors in sealed containers of two ounces or less from a holder of a license to sell alcoholic liquors in sealed containers of two ounces or less at the business, upon initiating the application process for a permanent license, may be issued a temporary license by the department at the time of the purchase or acquisition if the location for which the temporary license is sought is not considered by the department to be a public nuisance as defined by the department by regulation and:
(1) the applicant currently holds a valid license to sell alcoholic liquors in sealed containers of two ounces or less; or
(2) the applicant has had a criminal history background check conducted by the State Law Enforcement Division within the past thirty days.
(B) A temporary license issued pursuant to subsection (A) is valid until a permanent license is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary license if the applicant fails to proceed with obtaining pursue the permanent license in a timely manner, as set forth by the department by regulation.
(D) The department shall collect a fee of twenty-five dollars for each temporary license sought. The funds generated by this fee must be deposited in the general fund of the State."
SECTION 4. Section 61-4-210 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-4-210. (A) A person who purchases or acquires by lease, inheritance, divorce decree, eviction, or otherwise a retail business which sells beer or wine from a holder of a retail permit to sell beer or wine at the business, upon initiating the application process for a biennial retail beer or beer and wine permit, may be issued a temporary retail beer or beer and wine permit by the department at the time of the purchase or acquisition if the location for which the temporary permit is sought is not considered by the department to be a public nuisance as defined by regulation of the department and:
(1) the applicant currently holds a valid beer or beer and wine permit; or
(2) the applicant has had a criminal history background check conducted by the division within the past thirty days.
(B) A temporary beer or beer and wine permit issued pursuant to subsection (A) is valid until a biennial retail beer or beer and wine permit is approved or disapproved by the department, but in no case is it valid for longer more than one hundred twenty days from the date of issuance.
(C) Notwithstanding subsection (B), the department may revoke a temporary retail beer or beer and wine permit if the applicant fails to proceed with obtaining pursue the biennial retail beer or beer and wine permit in a timely manner, as set forth by regulation of the department.
(D) The department must charge shall collect a fee of twenty-five dollars for each temporary beer or beer and wine permit. The funds generated by this fee must be deposited in the general fund of the State."
SECTION 5. Section 61-6-2890 of the 1976 Code, as added by Act 415 of 1996, is amended to read:
"Section 61-6-2890. (A) A registered producer may not store alcoholic liquors only in a warehouse of the registered producer unless licensed by the department. The department must require sufficient bond with respect to a licensed warehouse to ensure proper handling of liquors stored in the warehouse. Application for license to operate a warehouse must be filed on forms prescribed by the department.
(B) When an application for a warehouse license is submitted, a fee of four hundred dollars must be paid to the department. Where application is made for a warehouse license on or after March first 1, the fee is one hundred fifty dollars. A warehouse license is valid from the date of issue until the second August thirty-first 31 after the issuance of the license."
SECTION 6. Sections 61-6-300, 61-6-310, 61-6-320, 61-6-330, 61-6-340, and 61-6-350, of the 1976 Code are repealed.
SECTION 7. Section 1 of this act takes effect upon approval by the Governor and applies for applications pending on that date and for applications filed on or after that date. The remaining provisions of this act take effect July 1, 1998./
Amend title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 4547 be read the third time tomorrow.
The following Bill was taken up.
H. 4810 -- Rep. Felder: A BILL TO AMEND SECTION 44-63-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARING BIRTH CERTIFICATES OF ILLEGITIMATE CHILDREN WHEN A FATHER ACKNOWLEDGES PATERNITY, SO AS TO PROVIDE THAT IF EITHER SIGNATORY TO THE ACKNOWLEDGMENT RESCINDS WITHIN SIXTY DAYS, A NEW CERTIFICATE MAY ONLY BE PREPARED WHEN A COURT OR AN AUTHORIZED ADMINISTRATIVE AGENCY DETERMINES PATERNITY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7358AC.98), which was adopted.
Amend the bill, as and if amended, Section 44-63-165, page 1, line 36, by deleting /if/ and inserting /. If/ so when amended, Section 44-63-165 reads:
"Section 44-63-165. A certificate must be prepared for a child born out of wedlock in this State to include the name of the father upon receipt of a sworn acknowledgment of paternity signed by both parents to include the surname by which the child is to be known. However, if the reputed father or the mother is deceased, if another man is shown as the father of the child on the original birth certificate or if the original birth certificate states that the mother was married, a new certificate may be prepared only when a determination of paternity is made by the Family Court a court of competent jurisdiction pursuant to Section 20-7-952. If either signatory or both signatories of a voluntary paternity acknowledgment rescinds within sixty days, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or an administrative agency pursuant to Sections 20-7-952 and 20-7-9505. A rescission made after sixty days must be made in accordance with Section 20-7-958(B). A paternity acknowledgment must be provided to the State Department of Social Services from the appropriate state agency upon request at no charge for the purpose of establishing a child support obligation and otherwise a paternity acknowledgment is not subject to inspection except upon order of the family court."
Amend the bill further by deleting SECTION 2 and inserting:
/SECTION 2. Section 20-7-956(A)(4) of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:
"(4) A verified voluntary acknowledgment of paternity. This acknowledgment creates a rebuttable presumption of the putative father's paternity except that a verified voluntary acknowledgment of paternity executed after January 1, 1998, creates a conclusive presumption of the putative father's paternity subject to the provisions of Section 20-7-958. The person acknowledging paternity must be given the opportunity to seek legal advice prior to signing a verified voluntary acknowledgment. A verified voluntary acknowledgment must be made by a sworn document, signed by the person acknowledging paternity and witnessed by (1) that person's attorney, parent, or guardian or (2) a person eighteen years of age or older who is not related to the child and not employed or acting under the authority of the Department of Social Services. The witness must attach to the acknowledgment a written certification which specifies that prior to signing the acknowledgment, the provisions of the acknowledgment were discussed with the person acknowledging paternity and that, based upon this discussion, it is the witness' opinion that the acknowledgment is being given voluntarily and that it is not being obtained under duress or through coercion. Any form used to obtain an acknowledgment of paternity shall contain or be accompanied by a plain language explanation, meeting the minimum standards for readability, of the legal consequences of signing such an acknowledgment and the effect of rescission as set forth in Sections 44-63-165, 20-7-956, and 20-7-958.
SECTION 3. This act takes effect upon approval by the Governor."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Reps. FLEMING and COTTY proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7377AC.98), which was adopted.
Amend the bill, as and if amended, Section 20-7-956(A)(4), page 4810-2, line 13, by deleting /conclusive/ and inserting
/ conclusive rebuttable /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. COTTY explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. COTTY, with unanimous consent, it was ordered that H. 4810 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 5048 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2195, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CAVE explained the Joint Resolution.
Rep. LEACH made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4622 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF PROPERTY AND THE APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF THE PROPERTY TAX, SO AS TO ESTABLISH OWNERSHIP AS OF DECEMBER THIRTY-FIRST PRECEDING THE TAX YEAR AS THE DATE BY WHICH RESIDENTIAL PROPERTY MUST BE OWNED BY THE OWNER-OCCUPANT IN ORDER TO QUALIFY FOR THE FOUR PERCENT ASSESSMENT RATIO ALLOWED FOR OWNER-OCCUPIED RESIDENTIAL PROPERTY.
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 sustained the Point of Order.
The following Bill was taken up.
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4919MM.98) which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-3-1040 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 16-3-1040. (A) It is unlawful for any a person to knowingly and wilfully to deliver or convey to a public official or to a teacher or principal of an elementary or secondary school any letter or paper, writing, print, missive, document, or electronic communication or any verbal or electronic communication which contains any a threat to take the life of or to inflict bodily harm upon the public official, teacher, or principal, or members of their his immediate families family.
(B) It is unlawful for a person knowingly and wilfully to deliver or convey to a public employee a letter or paper, writing, print, missive, document, or electronic communication or verbal or electronic communication which contains a threat to take the life of or to inflict bodily harm upon the public employee or members of his immediate family.
(C) Any A person violating who violates the provisions of this section subsection (A) must, upon conviction, must be punished by a term of imprisonment of fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) A person who violates the provisions of subsection (B), upon conviction, must be fined not more than five hundred dollars or imprisoned not more than thirty days, or both.
(E) For purposes of this section:
(1) 'Public official' means any an elected or appointed official of the United States or of this State or of a county, municipality, or other political subdivision of this State.
(2) 'Public employee' means a person employed by the State, a county, a municipality, a school district, or a political subdivision of this State, except that for purposes of this section, a 'public employee' does not include a teacher or principal of an elementary or secondary school.
(3) 'Immediate family' means the spouse, child, grandchild, mother, father, sister, or brother of the public official, teacher, or principal, or public employee."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 4804 be read the third time tomorrow.
The motion period was dispensed with on motion of Rep. HARRISON.
The following Bill was taken up.
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Rep. KLAUBER explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Cato Cave Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris, A. Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Martin Mason McGee McLeod McMahand McMaster Meacham Miller Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, F. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KLAUBER, with unanimous consent, it was ordered that S. 22 be read the third time tomorrow.
I wish the record to reflect that I would have voted in favor of the passage of this Bill.
Rep. J. GARY SIMRILL
At 11:40 A.M. the House in accordance with the motion of Rep. HAWKINS adjourned in memory of Melvin Parker, Jr. of Spartanburg, to meet at 10:00 A.M. tomorrow.
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