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:
Eternal God and Father Whose faithfulness abides in spite of our waywardness, as we travel along this day's busy ways, enable us to meet our comrades with cheerful minds and understanding thoughts. Keep us kind and courteous even when we are weary. Cause us to be so dedicated to the highest and the holiest that we may come to each eventide with joy that is the sweet reward of work well done. May the words that we speak and the decisions we make be in accord always with the will of our Heavenly Father.
Thank You, Lord, for this privilege of prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. ROBINSON moved that when the House adjourns, it adjourn in memory of Kenneth Holcombe, former Chief of Police of Easley, which was agreed to.
The following was received.
Columbia, S.C., April 21, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Land, Moore and Martin of the Committee of Conference on the part of the Senate on S. 958:
S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 21, 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. 4637, R. 318 by a vote of 44 to 0.
(R318) H. 4637 -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 21, 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. 4402, R. 312 by a vote of 44 to 0.
(R312) H. 4402 -- Rep. Kirsh: AN ACT TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO ADD TO THE AREA IN YORK COUNTY.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 21, 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 R. 315, H. 4574 by a vote of 44 to 0.
(R315) H. 4574 -- Reps. Limehouse, Campsen, Mack, Breeland, Whatley and Altman: AN ACT TO AMEND ACT 1235 OF 1970, AS AMENDED, RELATING TO THE CHARLESTON COUNTY AIRPORT DISTRICT AND ITS GOVERNING BOARD, SO AS TO ADD THE MAYOR OF MOUNT PLEASANT, EX OFFICIO, TO THE GOVERNING BOARD OF THE DISTRICT.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 21, 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. 4630, R. 317 by a vote of 44 to 0.
(R317) H. 4630 -- Reps. Fleming and Wilder: AN ACT TO AMEND ACT 951 OF 1970, AS AMENDED, RELATING TO THE SOUTH SIDE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM TWENTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
Very respectfully,
President
Received as information.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3714 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4446 -- Rep. Gamble: A BILL TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY OR IF A WITNESS ATTESTS THAT THE REPRODUCTION IS A TRUE AND CORRECT COPY OF THE ORIGINAL.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 963 -- Senators J. Verne Smith, Alexander, Branton, Courson, Elliott, Fair, Giese, Glover, Hayes, Holland, Hutto, Jackson, Land, Lander, Matthews, Mescher, Moore, O'Dell, Passailaigue, Patterson, Ravenel, Reese, Short and Leventis: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THE DEFINITION OF "HEALTH CARE FACILITY"; AND TO AMEND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, SO AS TO EXEMPT KIDNEY DISEASE TREATMENT CENTERS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3685 -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 893 -- Senators Lander and Reese: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
Ordered for consideration tomorrow.
The following was introduced:
H. 5063 -- Rep. Robinson: A HOUSE RESOLUTION EXPRESSING SORROW AT THE DEATH OF KENNETH HOLCOMBE, FORMER CHIEF OF POLICE OF THE CITY OF EASLEY, AND EXTENDING SYMPATHY TO HIS FAMILY AND FRIENDS.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1207 -- Senators Peeler, Fair and Anderson: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION AND HEARTFELT GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE STAFF OF THE ST. FRANCIS HEALTH SYSTEM OF GREENVILLE COUNTY FOR THEIR OUTSTANDING CONTRIBUTIONS AND VALUABLE SUPPORT TO THE EXCHANGE PROGRAM BETWEEN ST. FRANCIS, CROATIA'S GENERAL HOSPITAL OF ZADAR, AND THE GERIATRIC AND ORTHOPEDIC HOSPITAL OF BIOGRAD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1208 -- Senators Peeler, Lander and Short: A CONCURRENT RESOLUTION EXPRESSING SORROW AT THE DEATH OF MR. ROCHELLE BOYLE, FORMER SHERIFF OF UNION COUNTY AND THE LAST SURVIVING MEMBER OF THE ORIGINAL SOUTH CAROLINA HIGHWAY PATROL, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5064 -- Reps. Cooper and Townsend: A BILL TO AMEND ARTICLE 9, CHAPTER 41 OF TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDS REQUIRED OF RETAILERS OF TRANSIENT AND TEMPORARY BUSINESSES, BY ADDING SECTION 40-41-720 SO AS TO PROVIDE THAT NO PERSON, EXCEPT AN AUTHORIZED MANUFACTURER'S OR DISTRIBUTOR'S REPRESENTATIVE, MAY SELL, OFFER FOR SALE, OR KNOWINGLY PERMIT THE SALE OF CERTAIN SPECIFIED ITEMS AT A TRANSIENT OR TEMPORARY BUSINESS, PROVIDE EXCEPTIONS, ESTABLISH A MISDEMEANOR OFFENSE AND PENALTIES, AND PROVIDE FOR CENTRALIZED REPORTING AND RECORDKEEPING OF VIOLATIONS OF THIS SECTION AND PUBLIC INSPECTION OF THE SAME.
Referred to Committee on Labor, Commerce and Industry.
H. 5065 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WORKERS' COMPENSATION COMMISSION, RELATING TO REPORTING INSURANCE POLICIES WITH EFFECTIVE DATES ON OR AFTER JULY 1, 1989, EXAMINATION OF CLAIM FILES, ADMISSION OF EXPERT'S REPORT AS EVIDENCE, POSTPONEMENT OR ADJOURNMENT OF A HEARING, INFORMAL CONFERENCE, SELF-INSURANCE APPLICATION, FINANCIAL ANALYSIS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2258, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
S. 1196 -- Senator Bryan: A BILL TO AMEND ACT 779 OF 1988, AS AMENDED, RELATING TO LAURENS SCHOOL DISTRICTS 55 AND 56, SO AS TO CHANGE THE BOUNDARIES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56 TO CONFORM THEM WITH THE TRANSPORTATION LINES ESTABLISHED IN 1977 BY AN AGREEMENT BETWEEN THE BOARDS OF TRUSTEES FOR THE DISTRICTS.
Referred to Laurens Delegation.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Hines, J. Hines, M. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Rhoad Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Spearman Stille Stoddard Stuart 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 Wednesday, April 22.
James L.M. Cromer, Jr. John David Hawkins Rex Fontaine Rice James N. Law C. Alex Harvin III Denny W. Neilson G. Ralph Davenport, Jr. James Emerson Smith, Jr. Olin R. Phillips Bradley L. Jordan George H. Bailey Alma W. Byrd Ronald P. Townsend Harry R. Askins Wilbur L. Cave Clementa C. Pinckney John G. Felder Joseph H. Neal Lynn Seithel Richard M. Quinn, Jr. Jackson S. Whipper
LEAVES OF ABSENCE
The SPEAKER granted Rep. GOVAN a leave of absence for the day.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
Rep. STUART signed a statement with the Clerk that she came in after the roll call of the House and was present for the Session on Tuesday, April 21. (Subcommittee still in session until after 10:10 A.M.)
Reps. ALLISON, BAXLEY, CROMER, FLEMING and BAUER presented to the House the 1997 "Miss South Carolina," Janet Powers and the 1998 Miss South Carolina contestants.
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. 5054
DATE ADD:
4/22/98 André Bauer
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5061 -- Rep. G. Brown: A BILL TO CREATE THE LEE COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE LEE COUNTY ELECTION COMMISSION AND LEE COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
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 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. TRIPP requested debate on the Bill.
Rep. SCOTT moved to adjourn debate upon the Bill until Wednesday, April 29, which was adopted.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4886 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH "ARCHERY EQUIPMENT", "BOW AND ARROWS", AND "CROSSBOWS" MAY BE USED IN THE HUNTING AND TAKING OF CERTAIN GAME.
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.
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.
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.
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.
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 raised a Point of Order that H. 4689 was out of order in that the Bill did not have a fiscal impact statement attached as required in accordance with Rule 5.13.
SPEAKER WILKINS overruled the Point of Order.
The Bill was read the third time and ordered sent to the Senate.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4925MM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 17, Title 16 of the 1976 Code is amended by adding:
"Section 16-17-735. (A) It is unlawful for a person to impersonate a state or local official or employee or a law enforcement officer in connection with a sham legal process. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.
(B) It is unlawful for a person falsely to assert authority of state law in connection with a sham legal process. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.
(C) It is unlawful for a person to act without authority under state law as a Supreme Court Justice, a court of appeals judge, a circuit court judge, a master-in-equity, a family court judge, a probate court judge, a magistrate, a clerk of court or register of deeds, a notary public who has never been so commissioned, or other authorized official in determining a controversy, adjudicating the rights or interests of others, or signing a document as though authorized by state law. A person violating the provisions of this subsection is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand five hundred dollars or imprisoned not more than one year, or both.
(D) It is unlawful for a person falsely to assert authority of law, in an attempt to intimidate or hinder a state or local official or employee or law enforcement officer in the discharge of official duties, by means of threats, harassment, physical abuse, or use of sham legal process. A person violating this subsection is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not less than one year and not more than three years, or both.
(E) For purposes of this section:
(1) 'Law enforcement officer' is as defined in Section 16-9-310.
(2) 'State or local official or employee' means an appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, other school district, political subdivision, or other unit of government of this State.
(3) 'Sham legal process' means the issuance, display, delivery, distribution, reliance on as lawful authority, or other use of an instrument that is not lawfully issued, whether or not the instrument is produced for inspection or actually exists, which purports to:
(a) be a summons, subpoena, judgment, lien, arrest warrant, search warrant, or other order of a court of this State, a law enforcement officer, or a legislative, executive, or administrative agency established by state law;
(b) assert jurisdiction or authority over or determine or adjudicate the legal or equitable status, rights, duties, powers, or privileges of a person or property; or
(c) require or authorize the search, seizure, indictment, arrest, trial, or sentencing of a person or property.
(4) 'Lawfully issued' means adopted, issued, or rendered in accordance with the applicable statutes, rules, regulations, and ordinances of the United States, a state, an agency or a political subdivision of a state."
SECTION 2. Chapter 9, Title 30 of the 1976 Code is amended by adding:
"Section 30-9-35. (A) A clerk of court or register of deeds may not accept for filing a judgment or other lien against a present or former federal, state, or local official or employee unless the judgment or other lien is issued by a court of competent jurisdiction or appropriate governmental entity, or the judgment or other lien is otherwise authorized by statute.
(B)(1) If a judgment or other lien is accepted for filing against an individual in contravention of subsection (A), the clerk of court or register of deeds shall accept for filing a notice of invalid judgment or lien. The notice must be signed by the:
(a) assistant United States attorney or other attorney representing the federal agency of which the individual is an official or employee;
(b) assistant attorney general or other attorney representing the state agency, board, commission, department, or institution of higher education of which the individual is an employee or official;
(c) attorney representing the political subdivision or unit of local government of the State which the official or employee serves if the individual is a local official or employee.
(2) Within thirty days of filing of a notice of invalid judgment or lien, a copy of the notice of invalid judgment or lien must be mailed by the appropriate attorney to the person shown as the judgment or lien creditor or obligee at the return address provided in the judgment or lien. If no name or return address is provided in the judgment or lien, no notice must be given.
(3) An attorney who files a notice of invalid judgment or lien pursuant to this subsection is not liable for damages as a result of filing the notice of invalid judgment or lien.
(4) In addition to the procedure provided in this subsection, the clerk of court or register of deeds may remove a judgment or other lien pursuant to Section 30-9-30.
(C)(1) The filing of a notice of invalid judgment or lien voids the judgment or other lien retroactively to the date it was filed.
(2) A person who challenges the claim of invalid judgment or lien must commence suit in a state court of competent jurisdiction within thirty days after the date of mailing of the notice of invalid judgment or lien or the filing of the notice is binding and conclusive as to the invalidity of the judgment or other lien.
(D) A person who is injured by the filing of a judgment or other lien in contravention of subsection (A), has the following civil remedies against the person who filed the judgment or other lien:
(1) actual damages;
(2) punitive damages;
(3) costs; and
(4) reasonable attorney's fees.
(E) For purposes of this section:
(1) 'State or local official or employee' means an appointed or elected official or an employee of a state agency, board, commission, department, in a branch of state government, institution of higher education, other school district, political subdivision, or other unit of government of this State.
(2) 'Federal official or employee' means an employee or official of the United States government or a federal agency as defined for purposes of the Federal Tort Claims Act, 28 U.S.C. Section 2671 (1988)."
SECTION 3. Section 30-9-30 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:
"Section 30-9-30. (A) Except as otherwise provided by statute, each clerk of court and register of deeds in this State shall keep a record, in his the office in which he shall file files all conveyances, mortgages, liens, contracts, and papers relating to real and personal property required by statute to be kept by him, by entering in the record the names of the grantor and grantee, mortgagor and mortgagee, obligor and obligee, or other parties to the written instruments, date of filing, and nature of the instrument immediately upon its lodgment for record. The filing is notice to all persons, sufficient to put them upon inquiry of the purport of the filed instrument so filed and the property affected by the instrument.
(B)(1) If a person presents a conveyance, mortgage, judgment, lien, contract, or other document to the clerk of court or the register of deeds for filing or recording, the clerk of court or the register of deeds may refuse to accept the document for filing or recording if he reasonably believes that the conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent or is a sham legal process. This subsection does not create a duty upon the clerk of court or the register of deeds to inspect, evaluate, or investigate a written document that is presented for filing or recording.
(2) If the clerk of court or register of deeds reasonably believes that a conveyance, mortgage, judgment, lien, contract, or other document is materially false or fraudulent, is a sham legal process, or was not issued by a court of competent jurisdiction or appropriate government entity, the clerk of court or register of deeds may remove the conveyance, mortgage, judgment, lien, contract, or other document from the public records after mailing notice to the person on whose behalf the document was filed at the return address provided in the document. If no return address was provided on the document, no notice must be given.
(3) If a clerk of court or a register of deeds improperly refuses to accept for filing or recording or improperly removes from the public records a conveyance, mortgage, judgment, lien, contract, or other document pursuant to this section, the clerk of court or register of deeds is not liable for damages, personally or in his official capacity, for the improper refusal or removal.
(4) For purposes of this subsection:
(a) 'Sham legal process' means a document that is not issued lawfully and that purports to be a judgment, lien, or order of a court or appropriate government entity, or otherwise purports to asset jurisdiction over or determine the legal or equitable status, rights, duties, powers, or privileges of a person or property.
(b) 'Lawfully issued' means adopted, issued, or rendered in accordance with applicable statutes, rules, regulations, and ordinances of the United States, a state, or an agency or a political subdivision of a state."
SECTION 4. Chapter 75, Title 15 of 1976 Code is amended by adding:
"Section 15-75-60. A person who is injured by a sham legal process involving a violation of Section 16-17-735 has the following civil remedies against the person who committed the violation or who caused the violation to be committed:
(1) actual damages;
(2) punitive damages;
(3) costs; and
(4) reasonable attorney's fees. The amount of the recovery for the plaintiff is not determinative of the attorney's fee."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. JENNINGS spoke in favor of the amendment.
The amendment was then adopted.
Rep. F. SMITH proposed the following Amendment No. 2.
Amend the bill by adding on Line 29, page 1, after the word "process.":
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
Amend title to conform.
Rep. F. SMITH explained the amendment.
Reps. TRIPP, CATO, VAUGHN, LOFTIS, LEACH, HAMILTON, DAVENPORT, MASON, R. SMITH, WHATLEY and KNOTTS requested debate on the Bill.
Rep. CAMPSEN asked unanimous consent to recall S. 1548 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. ROBINSON asked unanimous consent to recall H. 4902 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. BATTLE asked unanimous consent to recall H. 4877 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. HOWARD objected.
Rep. KLAUBER asked unanimous consent to recall H. 5007 from the Committee on Judiciary.
Rep. SCOTT objected.
Rep. LIMEHOUSE asked unanimous consent to recall H. 4462 from the Committee on Judiciary.
Rep. SCOTT objected.
The veto on the following Act was taken up.
(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.
Rep. HARRISON explained the veto.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Cromer McLeod
Those who voted in the negative are:
Allison Bailey Barrett Battle Bauer Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Cato Cave Chellis Clyburn Cobb-Hunter Cooper Dantzler Easterday Edge Emory Gamble Gourdine Hamilton Harrell Harris Harvin Hines, J. Hines, M. Hinson Howard Inabinett Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Mason McAbee McCraw McGee Meacham Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Sandifer Scott Simrill Smith, R. Spearman Stuart Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkins Woodrum Young-Brickell
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The motion period was dispensed with on motion of Rep. CROMER.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 7, Rep. BOWERS 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. BOWERS proposed the following Amendment No. 7 (Doc Name P:\AMEND\PSD\7378MM.98), which was tabled.
Amend the bill, as and if amended, Section 12-43-220(c) as located in SECTION 3, page 4854-6, by adding before line 14:
/(1) The legal residence and not more than five acres contiguous thereto, when owned totally or in part in fee or by life estate and occupied by the owner of the interest, is taxed on an assessment equal to four percent of the fair market value of the property. If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence, then the assessment ratio allowed by this item applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust. When the legal residence is located on leased or rented property and the residence is owned and occupied by the owner of a residence on leased property, even though at the end of the lease period the lessor becomes the owner of the residence, the assessment for the residence is at the same ratio as provided in this item. If the lessee of property upon which he has located his legal residence is liable for taxes on the leased property, then the property upon which he is liable for taxes, not to exceed five acres contiguous to his legal residence, must be assessed at the same ratio provided in this item. If this property has located on it any rented mobile homes or residences which are rented or any business for profit, this four percent value does not apply to those businesses or rental properties. For purposes of the assessment ratio allowed pursuant to this item, a residence does not qualify qualifies as a legal residence unless if the residence is determined to be the primary or secondary domicile of the owner-applicant. A taxpayer may receive the four percent assessment ratio on only one residence his legal residence which is his primary domicile and his legal residence which is his secondary domicile for a tax year./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS moved to table the amendment, which was agreed to.
Rep. BOAN moved to adjourn debate upon the Bill until Tuesday, April 28, which was adopted.
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), which was adopted.
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. TOWNSEND explained the amendment.
The amendment was then adopted.
Rep. HINSON proposed the following Amendment No. 2 (Doc Name P:\AMEND\PT\1891DW.98), which was adopted.
Amend the bill, as and if amended, page 1, line 31, by inserting after /years./
/No public funds, including school activity funds, may be used to travel to foreign countries to recruit foreign nationals to teach their native or acquired language in a district./
Amend title to conform.
Rep. HINSON explained the amendment.
Rep. TOWNSEND moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Breeland Brown, J. Byrd Cobb-Hunter Cromer Hines, M. Howard Lloyd Mack Neal
Those who voted in the negative are:
Allison Altman Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, G. Brown, H. Brown, T. Campsen Cato Cave Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gourdine Hamilton Harrell Harris Harvin Hawkins Hines, J. Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Littlejohn Loftis Maddox Martin Mason McCraw McGee McLeod McMahand Meacham Miller Mullen Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stuart Trotter Vaughn Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KIRSH moved to recommit the Bill.
Rep. TOWNSEND moved to table the motion, which was agreed to by a division vote of 55 to 15.
Rep. ROBINSON proposed the following Amendment No. 3 (Doc Name P:\AMEND\DKA\4923MM.98), which was adopted.
Amend the bill, as and if amended, Section 59-25-126, SECTION 1, by adding a paragraph at the end to read:
/Before a position may be filled pursuant to this section, the school district must advertise the position and otherwise document attempts to fill the position with a noncertified but otherwise qualified foreign language teacher who is an American citizen./
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. SPEARMAN, ALLISON and SHEHEEN proposed the following Amendment No. 4 (Doc Name P:\AMEND\BBM\9834SD.98), which was adopted.
Amend the bill, as and if amended, in Section 59-25-126 of the 1976 Code, as contained in SECTION 1, by adding at the end of the first paragraph of Section 59-25-126 the following:
/These teachers must be proficient in the English language prior to employment./
Amend title to conform.
Rep. SPEARMAN explained the amendment.
The amendment was then adopted.
Rep. TOWNSEND explained the Bill.
Rep. KNOTTS proposed the following Amendment No. 5, which was ruled out of order.
SECTION. All school bus route stops must be checked and approved by Department of Public Safety for safety purposes only beginning prior to the beginning of each school year for safety purposes only approved upon the signing by the Governor.
Amend title to conform.
Rep. KNOTTS explained the amendment.
Rep. TOWNSEND raised a Point of Order that Amendment No. 5 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the Amendment out of order.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Bailey Barfield Barrett Battle Bauer Baxley Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cromer Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jennings Jordan Keegan Kelley Kinon Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McGee McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Pinckney Quinn Rhoad Rice Riser Robinson Sandifer Scott Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille 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.
Rep. KELLEY moved to adjourn debate upon the following Bill until Thursday, April 23, which was adopted.
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 moved to adjourn debate upon the following Bill until Thursday, April 23, which was adopted.
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.
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".
Rep. RHOAD 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 Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Hawkins Hines, J. Hinson Howard Jennings Keegan Kelley Kinon Kirsh Klauber Knotts Koon Leach Lee Limehouse Loftis Mack Martin Mason McAbee McCraw McGee McLeod Meacham Miller Moody-Lawrence Mullen Neilson Phillips Pinckney Rhoad Rice Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stuart Tripp Trotter Vaughn Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5530DW.98), which was adopted.
Amend the bill, as and if amended, page 284-5, line 42, by striking / quarterly / and inserting /semiannual/.
When amended subsection (C) of Section 1-5-40 of the 1976 Code shall read:
/(C) The Secretary shall publicize vacancies, expired terms, and those terms expiring within one year on a semiannual basis statewide."/
Amend further, by striking SECTION 2 and inserting:
/SECTION 2. The duties, functions, and responsibilities of the Public Charities Section of the office of the Attorney General are devolved upon the Secretary of State's office on July 1, 1998. All personnel originally transferred from the Secretary of State's office and still employed by the Attorney General in the Public Charities Section, appropriations, and full-time equivalent positions of the Public Charities Section also are transferred to the Secretary of State's office on July 1, 1998.
SECTION 3. The Secretary of State shall administer the 'South Carolina Solicitation of Charitable Funds Act' as contained in Chapter 56 of Title 33 of the 1976 Code.
SECTION 4. Section 33-56-20 of the 1976 Code, as last amended by Section 28C, Part II, Act 458 of 1996, is further amended by adding:
"(5) 'Secretary' means the Secretary of State."
SECTION 5. Section 33-56-30 of the 1976 Code, as last amended by Section 28D, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-30. Except as otherwise provided in this chapter, every charitable organization which intends to solicit contributions within this State or have contributions solicited on its behalf shall file a registration statement with the Attorney General Secretary of State on forms prescribed by the Attorney General Secretary of State by July first of each year but in all cases prior to solicitation. It is the duty of the chief executive officer or chief financial officer of each charitable organization to file the statements required under this chapter. The statements must be sworn to and contain:
(1) the name of the organization;
(2) the purpose for which it was organized;
(3) the principal address of the organization and the address of any offices in this State. If the organization does not maintain an office, the name and address of the person having custody of its financial records;
(4) the names and addresses of the chief executive officer and chief financial officer;
(5) the names and addresses of any chapters, branches, or affiliates in this State;
(6) the place and date the organization was legally established, the form of its organization, and a reference to any determination of its tax exempt status under the Internal Revenue Code;
(7) whether the organization intends to use professional solicitors or hire individuals to solicit;
(8) whether it is certified as a tax exempt organization and is authorized by any other governmental authority in this State to solicit contributions;
(9) whether it is or has ever been enjoined by any court from soliciting contributions; and
(10) the general purpose for which the contributions to be solicited shall must be used.
The registration forms and other documents prescribed by the Attorney General Secretary of State must be signed by the chief executive officer and chief financial officer of the charitable organization and certified as true. Every charitable organization which submits a registration to the Attorney General Secretary of State must pay an annual registration fee of fifty dollars."
SECTION 6. Section 33-56-40 of the 1976 Code, as last amended by Section 28E, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-40. The Children's Trust Fund of South Carolina as established by Section 20-7-5010 is required to register with the Attorney General Secretary of State but is not required to pay the annual registration fee provided for in Section 33-56-30."
SECTION 7. Section 33-56-50 of the 1976 Code, as last amended by Section 28F, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-50. The following are not required to file registration statements with the Attorney General Secretary of State, provided none of its fund-raising activities are carried on by professional solicitors:
(1) an educational institution which solicits contributions only from its students and their families, alumni, faculty, friends and other constituencies, trustees, corporations, foundations, and individuals who are interested in and supportive of the programs of the institution;
(2) persons requesting contributions for the relief of an individual specified by name at the time of the solicitation when all of the contributions collected without any deductions of any kind are turned over to the named beneficiary for his use, provided that a person soliciting the contributions is not a named beneficiary;
(3) charitable organizations which (a) do not intend to solicit nor receive contributions from the public in excess of twenty thousand dollars during a calendar year or do not receive contributions from more than ten persons during a calendar year and (b) have received letters of tax exemption from the Internal Revenue Service, if all of their functions, including fund-raising activities, are carried on by persons who are unpaid for their services and if no part of their assets or income inures to the benefit of or is paid to any officer or member. If the contributions raised from the public, whether all of the contributions are or are not received by a charitable organization during any calendar year, are in excess of twenty thousand dollars or are received from more than ten people, within thirty days after the date the contributions exceed twenty thousand dollars or the number of contributors exceeds ten, it must register with and report to the department as required by this chapter;
(4) organizations which solicit exclusively to their members, including utility cooperatives; and
(5) any veteran's organization which has a congressional charter; and
(6) the State, its political subdivisions, and any agencies or departments thereof of it which are subject to the disclosure provisions of the Freedom of Information Act.
Any charitable organization claiming to be exempt from the registration provisions of this chapter and which will or does solicit charitable contributions shall submit annually to the Attorney General Secretary of State on forms to be prescribed by the Attorney General Secretary of State, the name, address, and purpose of the organization and a statement setting forth the reason for the claim for exemption. If exempted, the Attorney General Secretary of State or his appropriate division shall issue a letter of exemption which may be exhibited to the public. No filing fee is required of an exempt organization."
SECTION 8. Section 33-56-60 of the 1976 Code, as last amended by Section 28G, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-60. (A) Each charitable organization soliciting funds in this State and not exempt under Section 33-56-50, whether individually or collectively with other organizations, shall file a report of its financial activities, on forms prescribed by the Attorney General Secretary of State, certified to be true by the chief executive officer and the chief financial officer of it, in the office of the Attorney General Secretary of State. The report must cover the preceding fiscal year and must be filed within four and one-half months of the close of the organization's fiscal year unless a written extension has been granted by the Attorney General Secretary of State.
The report must include:
(1) specific and itemized support and revenue statements disclosing direct public support from solicitation, indirect public support, government grants, program service revenue, and any other revenue. The report must disclose the amount of direct public support received from direct mail solicitation, telephone solicitation, commercial co-venturers, door-to-door solicitations, telethons, and all other itemized sources;
(2) specific and itemized expense statements disclosing program services, public information expenditures, fund-raising costs, payments to affiliates, management costs, and salaries paid; and
(3) balance sheet disclosures containing total assets and liabilities.
(B) However, if a charitable organization is required to file Internal Revenue Service Form 990 with the Internal Revenue Service, the organization may file such the form with the Attorney General Secretary of State in lieu of the report required under subsection (A) of this section, provided that the form may exclude such the information which the Internal Revenue Service would not release pursuant to a Freedom of Information request.
(C) An organization failing to file the report required by this section may be enjoined from further solicitation of funds in this State in an action brought by the Attorney General Secretary of State. An organization failing to file a timely report required by this section may be assessed by the Attorney General Secretary of State administrative fines not to exceed two thousand dollars."
SECTION 9. Section 33-56-70 of the 1976 Code, as last amended by Section 28H, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-70. Every contract or agreement between professional fund-raising counsel or professional solicitor and a charitable organization must be in writing and filed with the Attorney General Secretary of State within ten days after the contract is made. Every agreement or written statement of the nature of the arrangement to prevail in the absence of a contract between a professional fund-raising counsel or solicitor and a charitable organization must be filed with the Attorney General Secretary of State within ten days after the contract or written agreement is made. Every contract filed under this section must disclose the amount of compensation the professional fund-raising counsel or solicitor will receive, or if there is no flat fee, the percentage of collected revenues the professional fund-raising counsel or solicitor will receive. Every contract or agreement filed under this section must disclose the name and residence address of each person directing or supervising the conduct of services. Every contract or agreement filed under this section and involving telephone solicitation must disclose the location and telephone numbers from which the soliciting will be conducted.
Within ninety days after a solicitation campaign has been completed, and on the anniversary of the commencement of a solicitation campaign lasting more than one year, the professional solicitor or the charitable organization must file with the Attorney General Secretary of State a joint financial report for the campaign, including gross revenue and an itemization of expenses. The report must be completed on a form prescribed by the Attorney General Secretary of State and signed by an authorized official of the paid solicitor or an authorized official from the charitable organization and certified to be true.
A professional fund-raising counsel, professional solicitor, or charitable organization failing to comply with this section is liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under each nonregistered agreement of two thousand dollars."
SECTION 10. Section 33-56-80 of the 1976 Code, as last amended by Section 28I, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-80. Registration statements and applications, reports, professional fund-raising counsel contracts or professional solicitor contracts, and all other documents and information required to be filed under this chapter or by the Attorney General Secretary of State are public records in the office of the Attorney General Secretary of State and are open to the general public for inspection at such time and under such conditions as the Attorney General Secretary of State may prescribe. The Attorney General Secretary of State shall publish and make available to the public and to persons subject to this chapter explanatory information concerning this chapter, the duties imposed by this chapter, and the means for enforcing this chapter."
SECTION 11. Section 33-56-90(4) of the 1976 Code, as last amended by Section 28J, Part II, Act 458 of 1996, is further amended to read:
"(4) Upon request, a professional solicitor shall display or deliver to the solicited party a copy of his registration certification from the Attorney General Secretary of State."
SECTION 12. Section 33-56-100 of the 1976 Code, as last amended by Section 28K, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-100. In accordance with the regulations promulgated by the Attorney General Secretary of State, every charitable organization and professional fundraiser subject to the provisions of this chapter shall keep the true fiscal records as to its activities in this State. The records must be retained for at least three years after the end of the period of registration to which they relate."
SECTION 13. Section 33-56-110 of the 1976 Code, as last amended by Section 28L, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-110. No person shall act as a professional fund-raising counsel or professional solicitor for a charitable organization subject to the provisions of this chapter, unless he has first registered with the Attorney General Secretary of State. Applications for registration must be in writing under oath or affirmation in the form prescribed by the Attorney General Secretary of State and contain that information as the Attorney General Secretary of State may require. The application for registration by professional fund-raising counsel or professional solicitor must be accompanied by an annual fee of fifty dollars.
At the time of making application, professional solicitors shall file with and have approved by the Attorney General Secretary of State a surety bond in which the applicant or his employer shall must be the principal obligor in the sum of fifteen thousand dollars with one or more sureties satisfactory to the Attorney General Secretary of State, whose liability in the aggregate as such the sureties will at least equal that sum and maintain the bond in effect so long as a registration is in effect. However, a deposit of cash in the amount of fifteen thousand dollars may be accepted in lieu of the bond. The bond shall run to the State of South Carolina for the use of the Attorney General Secretary of State or his appropriate division and any person who may have a cause of action against the obligor of the bonds for losses resulting from malfeasance, nonfeasance, or misfeasance in the conduct of solicitation activities. A partnership or corporation which is a professional solicitor may file a consolidated bond on behalf of all its members, officers, and employees.
Each registration is valid throughout the State for one year and may be renewed for additional one-year periods upon written application under oath in the form prescribed by the Attorney General Secretary of State and the payment of the fee prescribed in this chapter.
Professional fundraisers or professional fund-raising counsel who fail to comply with the provisions of this section are liable for an administrative fine not to exceed ten dollars for each day of noncompliance, with a maximum fine under this paragraph of two thousand dollars."
SECTION 14. Section 33-56-120(2) of the 1976 Code, as last amended by Section 28M, Part II, Act 458 of 1996, is further amended to read:
"(2) No charitable organization, professional fund-raising counsel, or professional solicitor shall use or exploit the fact of registration so as to lead the public to believe that the registration in any way constitutes an endorsement or approval by the State. However, the use of the following statement is not considered a prohibited exploitation: 'Registered with the Attorney General Secretary of State as required by law. Registration does not imply endorsement of a public solicitation for contributions."
SECTION 15. Section 33-56-130 of the 1976 Code, as last amended by Section 28N, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-130. If any charitable organization, professional fund-raising counsel, or professional solicitor soliciting contributions from people in this State and having a principal place of business outside the State, or organized under and by virtue of the laws of a foreign state, is subject to the provisions of this chapter and does not otherwise appoint a registered agent for service of process, then that charitable organization, professional fund-raising counsel, or professional solicitor is considered to have irrevocably appointed the Attorney General Secretary of State as an agent upon whom may be served summons, subpoena, subpoena duces tecum, or other process directed to the charitable organization, professional fund-raising counsel, or professional solicitor or any partner, principal officer, or director of it in any action or proceeding brought under the provisions of this chapter. Service of process upon the Attorney General Secretary of State must be made by delivering to and leaving with him personally a copy thereof of it at the office of the Attorney General Secretary of State and the service shall be is sufficient service, provided, that notice of the service and a copy of the process are sent by the Attorney General Secretary of State to the charitable organization, professional fund-raising counsel, or professional solicitor, by registered or certified mail with return receipt requested, at the address set forth in the registration form required to be filed with the Attorney General Secretary of State pursuant to this chapter or, in default of the filing of such the form, at the last address known to the Attorney General Secretary of State. Service of the process is complete ten days after the receipt by the Attorney General Secretary of State of a return receipt purporting to be signed by the addressee or a person qualified to receive the registered or certified mail, in accordance with the accepted practices of the United States Postal Service, or, if acceptance was refused by the addressee, ten days after the return to the Attorney General Secretary of State of the original envelope bearing a notation by the postal authorities that receipt thereof of it was refused."
SECTION 16. Section 33-56-140 of the 1976 Code, as last amended by Section 28O, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-140. (1) Upon his own motion or upon complaint of any person, the Attorney General Secretary of State may investigate any charitable organization, professional fund-raising counsel, or professional solicitor to determine whether the charitable organization, professional fund-raising counsel, or professional solicitor has violated the provisions of this chapter or has filed an application or other information required under this chapter which contains false or misleading statements. The Attorney General Secretary of State may subpoena persons and require the production of books, papers, and other documents to aid in the investigation of alleged violations of this chapter.
(2) If any charitable organization, professional fund-raising counsel, or professional solicitor fails to file a registration application, statement, report, or other information required to be filed with the Attorney General Secretary of State under this chapter, or violates the provisions of this chapter, the Attorney General Secretary of State shall notify the delinquent charitable organization, professional fund-raising counsel, or professional solicitor of this fact by mailing a notice by registered or certified mail, with return receipt requested, to its last known address. If the required registration application, statement, annual report, assurance of voluntary compliance, or other information is not filed or if the existing violation is not discontinued within fifteen days after the formal notification or receipt of the notice, the Attorney General Secretary of State may assess an administrative fine not to exceed two thousand dollars against the delinquent organization.
(3) In addition to all other actions authorized by law, the Attorney General Secretary of State, if he has reason to believe that one or more of the following acts or violations listed below has occurred, may bring an action to enjoin the charitable organization, professional fund-raising counsel, professional solicitor, or other person from continuing the act or violation, doing any other acts in furtherance of it, and for such other relief as to the court considers appropriate:
(a) a person is knowingly and wilfully operating in violation of the provisions of this chapter;
(b) a person has knowingly and wilfully made any false statement in any registration application, statement, report, or other information required to be filed by this chapter;
(c) a person has failed to file a registration statement or financial report required by this chapter;
(d) a person is employed or is about to be employed in any solicitation or collection of contributions any device, scheme, or artifice to defraud or to obtain money or property by means of false pretense, representation, or promise;
(e) the officers or representatives of a charitable organization, professional fund-raising counsel, or professional solicitor have refused or failed after notice to produce any records of the organization; or
(f) whenever the funds raised by solicitation activities are not devoted or will not be devoted to the charitable purposes of the charitable organization.
(4) In addition to the provisions of subsection (3), any person who knowingly and wilfully violates the provisions of this chapter or who knowingly and wilfully gives false or incorrect information to the Attorney General Secretary of State in filing statements or reports required by this chapter, is guilty of a misdemeanor and, upon conviction, for a first offense shall must be fined not more than one thousand dollars or be imprisoned for not more than thirty days, and for a second or any subsequent offense shall must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both.
(5) Any registration application, statement, report, or other information required to be filed with the Attorney General Secretary of State under this chapter by a charitable organization, professional fund-raising counsel, or professional solicitor which contains false or misleading statements may be rejected by the Attorney General Secretary of State and returned to the submitting party without being filed.
(6) If a person is assessed an administrative fine under this chapter, the person has thirty days to pay the fine. After thirty days, the Attorney General Secretary of State shall give the delinquent person thirty days' notice that he will seek to enjoin the activities of the person. Before the Attorney General Secretary of State seeks an injunction, the person may pay the fines or request a hearing before the Attorney General Secretary of State. A person who fails to remit fines after the required notice is given may be enjoined from engaging in further charitable solicitation activities until the fine is paid. A person assessed a fine may request an evidentiary hearing before the Attorney General Secretary of State. A person may appeal an adverse ruling by the Attorney General Secretary of State to the circuit court. An appeal to the circuit court shall be is governed by the standard of review provided in the Administrative Procedures Act and the case law interpreting that provision.
(7) The Attorney General Secretary of State may exercise the authority granted in this section against a person who operates under the guise or pretense of being an organization exempted by the provisions of Section 33-56-40 or 33-56-50 and is not in fact an organization entitled to such an the exemption."
SECTION 17. Section 33-56-150 of the 1976 Code, as last amended by Section 28P, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-150. There shall be is created in the office of the Attorney General Secretary of State a Division of Public Charities which, under the direction and control of the Attorney General Secretary of State, shall perform the duties imposed upon it by the provisions of this chapter. The executive and administrative head of the division shall be the Director of Public Charities designated by the Attorney General Secretary of State."
SECTION 18. Section 33-56-160 of the 1976 Code, as last amended by Section 28Q, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-160. The first two hundred thousand dollars in administrative fine revenue received pursuant to this chapter in a fiscal year may be retained by the Attorney General Secretary of State to offset the expenses of enforcing this chapter. All administrative fines collected pursuant to this chapter in excess of two hundred thousand dollars in a fiscal year must be transmitted to the State Treasurer and deposited in the state general fund. All fees collected under this chapter must be transmitted to the State Treasurer and deposited in a fund separate and distinct from the state general fund and used by the Attorney General Secretary of State for the purpose of administering the provisions of this chapter."
SECTION 19. Section 33-56-190 of the 1976 Code, as last amended by Section 28R, Part II, Act 458 of 1996, is further amended to read:
"Section 33-56-190. The Attorney General Secretary of State may enter into agreements with the appropriate authority of any other state for the purpose of exchanging information with respect to charitable organizations, professional fund-raising counsel, and professional solicitors."
SECTION 20. This act takes effect July 1, 1998. /
Amend title to read:
/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; PROVIDE THAT THE DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE PUBLIC CHARITIES SECTION OF THE OFFICE OF THE ATTORNEY GENERAL'S OFFICE ARE DEVOLVED UPON THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO TRANSFER ALL PERSONNEL ORIGINALLY TRANSFERRED FROM THE SECRETARY OF STATE'S OFFICE AND STILL EMPLOYED BY THE ATTORNEY GENERAL IN THE PUBLIC CHARITIES SECTION, APPROPRIATIONS, AND FULL-TIME EQUIVALENT POSITIONS OF THE PUBLIC CHARITIES SECTION TO THE SECRETARY OF STATE'S OFFICE ON JULY 1, 1998; TO PROVIDE THAT THE SECRETARY OF STATE SHALL ADMINISTER THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT"; TO AMEND SECTIONS 33-56-20, 33-56-30, 33-56-40, 33-56-50, 33-56-60, 33-56-70, 33-56-80, 33-56-90, 33-56-100, 33-56-110, 33-56-120, 33-56-130, 33-56-140, 33-56-150, 33-56-160, AND 33-56-190, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE SOLICITATION OF CHARITABLE FUNDS, SO AS TO DELETE REFERENCES TO THE ATTORNEY GENERAL AND REFLECT THE SECRETARY OF STATE AND HIS OFFICE AS THE OFFICIAL AGENCY TO ADMINISTER THE PROVISIONS OF THE "SOUTH CAROLINA SOLICITATION OF CHARITABLE FUNDS ACT", AND TO ALLOW THE SECRETARY OF STATE TO RETAIN A PORTION OF ADMINISTRATIVE FINES TO OFFSET THE EXPENSES OF ENFORCEMENT./
Renumber sections to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Hawkins Hines, M. Hinson Inabinett Jennings Jordan Keegan Kelley Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Howard Sheheen
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Rep. F. SMITH proposed the following Amendment No. 2, which was adopted.
Amend the bill by adding on Line 29, page 1, after the word "process.":
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor if, knowing that his conduct is illegal, he:
(1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
Rep. JENNINGS explained the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Harvin Hawkins Hines, J. Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Lee Limehouse Littlejohn Mack Maddox Martin Mason McAbee McCraw McGee McLeod McMahand Meacham Miller Moody-Lawrence Mullen Neilson Phillips Pinckney Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Spearman Stille Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Tripp
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4805 -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse and Harrell: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4971 -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO INCLUDE IN THE FINDINGS REQUIRED WHEN A CHILD IS NOT RETURNED TO THE PARENTS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF THE CHILD; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO REVISE THE CRIMINAL OFFENSES THAT ARE PROHIBITED AND TO CLARIFY THAT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES INCLUDES A CHILD IN THE CUSTODY OF AN AGENCY LICENSED OR REGISTERED BY THE DEPARTMENT; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXCHANGE.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5047 -- Rep. Barfield: A HOUSE RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES AND ESPECIALLY THOSE MEMBERS AND COMMITTEES CHARGED WITH OVERSEEING MILITARY PREPAREDNESS TO INVESTIGATE AND ENSURE THAT THE CHEMICAL AND BIOLOGICAL PROTECTION EQUIPMENT WHICH IS PROVIDED TO UNITED STATES' SERVICE MEMBERS, WHEREVER THEY MAY BE DEPLOYED, IS THE BEST AND MOST EFFICACIOUS PROTECTIVE EQUIPMENT THAT IS REASONABLY AVAILABLE THROUGH CURRENT TECHNOLOGY.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4985 -- Reps. Hamilton, Easterday, Leach, Loftis, Haskins, Tripp, Cato, Sharpe and Vaughn: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS, AND THE CONGRESS TO OPPOSE THE BIOSPHERE RESERVES DESIGNATION OF THE MAN AND THE BIOSPHERE PROGRAM AND TO URGE THAT THE PROPOSED BIODIVERSITY TREATY NOT BE RATIFIED BY THE UNITED STATES.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
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.
On motion of Rep. QUINN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
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.
Whereas, Eugene Creighton Stoddard was born November 10, 1927, in Gray Court to Lander B. And Selina R. Stoddard; and
Whereas, he married Joyce Armstrong in 1952 and together reared five children; and
Whereas, among the many outstanding contributions made and achievements accomplished by Representative Stoddard are his service on the Board of Visitors for Clemson University and Board of Trustees for the University of South Carolina and Winthrop University; as a member of the Educational Television Commission, Tuition Grants Commission, Aeronautics Commission, and the South Carolina Highway Commission; as a deacon and trustee at New Harmony Presbyterian Church; and as a former magistrate; and
Whereas, he is a World War II veteran having served in the United States Navy in both the European and Pacific theatres; and
Whereas, Representative Stoddard has served continuously in the South Carolina House of Representatives since 1971; and
Whereas, he served as Chairman of the Education and Public Works Committee from 1975-1976 and 1979-1987; he also was Chairman of the Joint Legislative Committee to Screen Trustees of Colleges and Universities and Secretary of the Agriculture Study Committee; and
Whereas, it is fitting and proper that the interchange at the intersection of Interstate 385 and United States Highway 221 be named in honor of Eugene Creighton Stoddard in recognition of his many contributions to our State and his community. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly, by this resolution, request that the South Carolina Department of Transportation name the interchange at the intersection of Interstate 385 and United States Highway 221, in Laurens County, the "Eugene C. Stoddard Interchange" and to place appropriate markers or signs on the highway reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation and to the Honorable Eugene C. Stoddard.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 5066 -- Rep. Cobb-Hunter: A HOUSE RESOLUTION TO RECOGNIZE WARREN CHAPEL BAPTIST CHURCH IN ORANGEBURG COUNTY ON THE HAPPY OCCASION OF THE INSTALLATION OF THE REVEREND WILLARD S. SABB AS ITS PASTOR ON SUNDAY, APRIL 26, 1998.
The Resolution was adopted.
The following was introduced:
H. 5067 -- Reps. Stuart, Webb, Riser, Witherspoon, 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, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Whatley, Whipper, Wilder, Wilkes, Wilkins, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO COMMEND DR. JAMES C. HITE, ALUMNI PROFESSOR OF AGRICULTURAL AND APPLIED ECONOMICS AT CLEMSON UNIVERSITY AND SENIOR FELLOW AT THE STROM THURMOND INSTITUTE OF GOVERNMENT AND PUBLIC AFFAIRS, FOR HIS DISTINGUISHED CAREER AS A TEACHER, AUTHOR, CONSULTANT, AND CIVIC LEADER UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5068 -- Rep. Cobb-Hunter: A CONCURRENT RESOLUTION TO HONOR THE WORKING MEN AND WOMEN OF THE STATE OF SOUTH CAROLINA WHO HAVE DIED ON THE JOB AND TO REQUEST THAT THE GOVERNOR DECLARE APRIL 28, 1998, "WORKERS MEMORIAL DAY".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5069 -- Reps. McMaster, Sandifer, Campsen, Woodrum, Cobb-Hunter, Whatley, Baxley, J. Hines, Beck, Neilson, Harrell, Littlejohn, Clyburn, Sheheen, Cave, Miller, Keegan, Robinson, Battle, Vaughn, M. Hines, Harrison, Bailey, Cotty, McMahand, Stille, J. Brown, McCraw, Young-Brickell, Law, Moody-Lawrence, Dantzler, Young, Klauber, Knotts, Barrett, Tripp, Kinon, J. Smith, Fleming, Chellis, McGee, Gourdine, Harvin and Wilkins: A CONCURRENT RESOLUTION TO COMMEND MRS. VIOLET W. FETNER FOR HER EXEMPLARY CAREER AS AN EMPLOYEE WITH THE UNITED STATES DEPARTMENT OF INTERIOR UPON HER RETIREMENT, TO COMMEND HER HUSBAND, MR. CHARLES W. FETNER, FOR HIS WORK AS A COMMUNITY AND CIVIC LEADER INCLUDING SERVICE ON THE FOREST ACRES CITY COUNCIL FOR OVER TWENTY YEARS, AND TO WISH THEM THE VERY BEST IN THEIR RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5070 -- Rep. Altman: A BILL TO CREATE SEVEN INDEPENDENT AND AUTONOMOUS SCHOOL DISTRICTS IN CHARLESTON COUNTY, EACH DISTRICT TO BE GOVERNED BY A SEVEN-MEMBER BOARD TO BE ELECTED IN THE GENERAL ELECTION BEGINNING IN 2000, TO DEVOLVE THE POWERS AND DUTIES OF THE CHARLESTON COUNTY SCHOOL BOARD AND CONSTITUENT BOARDS UPON THESE DISTRICTS AND THEIR RESPECTIVE BOARDS; TO ESTABLISH THE COUNCIL OF BOARD CHAIRMEN FOR EDUCATIONAL SERVICES TO PROVIDE CERTAIN SUPPLIES AND SERVICES TO THE DISTRICTS WITH THE AUTHORITY TO LEVY TAXES FOR OPERATING COSTS; TO CONDITION THE ESTABLISHMENT OF THESE DISTRICTS AND THEIR RESPECTIVE BOARDS ON A REFERENDUM TO BE HELD AT THE TIME OF THE GENERAL ELECTION IN 1998; AND TO REPEAL ACT 340 OF 1967 RELATING TO THE CHARLESTON COUNTY SCHOOL BOARD AND ALL OTHER ACTS INCONSISTENT WITH THIS ACT.
Referred to Charleston Delegation.
H. 5071 -- Reps. Limehouse, Campsen, Hamilton, Harrell and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-495 SO AS TO PROVIDE THAT A SEX OFFENDER MUST TENDER HIS DRIVER'S LICENSE TO A SENTENCING COURT AND BE ISSUED A DRIVER'S LICENSE WITH A "Y" RESTRICTION BY THE DEPARTMENT OF PUBLIC SAFETY FOR A FEE, THAT THE RESTRICTION MUST BE REMOVED ONCE THE OFFENDER IS REMOVED FROM THE REGISTRY, AND THAT THE SENTENCING COURT SHALL FORWARD TO THE DEPARTMENT OF PUBLIC SAFETY ALL DRIVERS' LICENSES IT RECEIVES WITH A COPY OF EACH SENTENCING ORDER.
Referred to Committee on Judiciary.
H. 5072 -- Rep. Harrison: A JOINT RESOLUTION AUTHORIZING THE OFFICE OF INDIGENT DEFENSE FOR FISCAL YEAR 1997-98 ONLY TO USE UP TO FIVE HUNDRED THOUSAND DOLLARS OF THE DEATH PENALTY TRIAL FUND TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES IF THE CONFLICT FUND IS EXHAUSTED.
On motion of Rep. HARRISON, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5073 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.
Without reference.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5053 -- Rep. Hawkins: A CONCURRENT RESOLUTION TO EXTEND THE SINCERE CONDOLENCES OF THE STATE OF SOUTH CAROLINA TO THE FAMILY AND FRIENDS OF MELVIN LAWRENCE (MEL) PARKER, JR., WHO DIED FRIDAY, APRIL 10, 1998, AT HIS HOME IN SPARTANBURG.
At 12:05 P.M. the House in accordance with the motion of Rep. ROBINSON adjourned in memory of Kenneth Holcombe, former Chief of Police of Easley, to meet at 10:00 A.M. tomorrow.
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