Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord God, Who has called us into ventures whose ending we cannot see and into paths as yet untrodden, give us faith to go into this day with courage possessed with the full knowledge that Your hand is leading us and Your strength supporting us. Give us the wisdom to save us from false choices, that in Your light we may see light and that in Your paths we stumble not. Spare us from faithless fears and worldly anxieties. May no cloud hide from us Your beckoning hand.
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. RODGERS moved that when the House adjourns, it adjourn in memory of Colonel Donald Conroy (USMC-Retired), which was agreed to.
The following was received.
Columbia, S.C., May 19, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 45:
S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: A BILL TO AMEND SECTION 16-17-510 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT A FIRST OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT SECOND AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 20, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1219:
S. 1219 -- Senator Land: A BILL TO AMEND ACT 375 OF 1947, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1206 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO AUTHORIZE THE YMCA YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM TO USE THE AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS ON THURSDAY, DECEMBER 3, 1998, AND FRIDAY, DECEMBER 4, 1998, IN ACCORDANCE WITH THE BUILDING POLICY OF THE RESPECTIVE BODIES TO CONDUCT A YOUTH IN GOVERNMENT HIGH SCHOOL PROGRAM, AND TO PROVIDE FOR ASSISTANCE BY APPROPRIATE HOUSE AND SENATE STAFF.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1009 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REJECT ANY LEGISLATION THAT WOULD EXEMPT HEALTH PLANS SPONSORED BY ASSOCIATIONS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS FROM STATE INSURANCE STANDARDS AND OVERSIGHT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4952 -- Reps. Harrison and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1240 -- Senator Courson: A CONCURRENT RESOLUTION TO RECOGNIZE THE COLUMBIA STAR NEWSPAPER AS AN EXEMPLARY FAMILY BUSINESS AND ITS OWNERS, DR. WARNER M. MONTGOMERY AND MIMI M. MADDOCK, AND TO CONGRATULATE THEM FOR THEIR ACHIEVEMENTS IN THE AREA OF COMMUNITY JOURNALISM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5168 -- Rep. D. Smith: A CONCURRENT RESOLUTION RECOGNIZING THE WORK AND ACCOMPLISHMENTS OF WILLIAM D. BILTON, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, AND CONGRATULATING HIM ON THE SUCCESSFUL COMPLETION OF HIS TERM AS PRESIDENT OF THE NATIONAL ASSOCIATION OF PROSECUTOR COORDINATORS AND FOR HIS SERVICE ON THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF DISTRICT ATTORNEYS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5169 -- Reps. Harrison, Wilkins and Sheheen: A HOUSE RESOLUTION TO COMMEND SUSAN OLSON "SUE" McNAMEE, STAFF COUNSEL, FOR HER TWELVE YEARS OF DEDICATED SERVICE TO THE JUDICIARY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND TO EXTEND BEST WISHES IN HER NEW POSITION AS STAFF ATTORNEY WITH THE SOUTH CAROLINA LEGISLATIVE COUNCIL.
Whereas, Susan Olson "Sue" McNamee joined the staff of the Judiciary Committee of the House of Representatives in 1986 as assistant staff counsel and in 1988 became staff counsel to the committee; and
Whereas, she has worked under two Speakers and four Judiciary Committee chairmen in an able, efficient, and effective manner worthy of note; and
Whereas, Sue is a true team player, fair-minded and evenhanded, with a strong work ethic and a warmth, compassion, and kind word for all. Her calm, cool, and collected nature is ever present, very effective, and greatly appreciated; and
Whereas, in her twelve years of service to the Judiciary Committee she has welcomed new challenges and worked diligently on significant issues including judicial reform, House reapportionment, welfare reform, and state government restructuring; and
Whereas, Sue is a highly principled, conscientious person whose ability, intelligence, and dedication have served the Judiciary Committee and this body well; and
Whereas, the members of the House of Representatives would like to take this opportunity to express their deepest gratitude and appreciation to Sue for a job well done, and though she will be missed as a House staffer, we are pleased that the General Assembly will continue to benefit from her expertise and talents in her new position with the Legislative Council. Now, therefore,
Be it resolved by the House of Representatives:
That the members commend Susan Olson "Sue" McNamee, staff counsel, for her twelve years of dedicated service to the Judiciary Committee of the House of Representatives and extend best wishes in her new position as staff attorney with the South Carolina Legislative Council.
Be it further resolved that a copy of this resolution be presented to Susan Olson "Sue" McNamee.
The Resolution was adopted.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 1233 -- Senator Hutto: A BILL TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO COMBINE AREA NO. 4 AND AREA NO. 8 IN ORANGEBURG COUNTY.
Referred to Orangeburg Delegation.
S. 1238 -- Senator Moore: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MAY 8, 1998, MISSED BY THE STUDENTS OF THE SCHOOL DISTRICT OF EDGEFIELD COUNTY WHEN THE SCHOOLS OF THE DISTRICT WERE CLOSED DUE TO SEVERE STORMS AND TORNADOES OCCURRING THE NIGHT OF MAY 7, IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. CLYBURN, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Allison Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Cave Chellis Cobb-Hunter Cooper Dantzler Delleney Easterday Edge Emory Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Pinckney Rhoad Rice Riser Rodgers Sandifer Scott Sharpe Sheheen Smith, D. Smith, F. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, May 21.
Woodrow M. McKay J. Gary Simrill William Clyburn George Campsen III James L.M. Cromer, Jr. Alfred B. Robinson, Jr. G. Ralph Davenport, Jr. Bill Cotty Ronald P. Townsend Bradley L. Jordan James Emerson Smith, Jr. Denny W. Neilson Harry R. Askins Douglas Jennings, Jr. John G. Felder Timothy C. Wilkes Steve P. Lanford Leon Howard Ralph W. Canty Lynn Seithel
LEAVES OF ABSENCE
The SPEAKER granted Rep. ALTMAN a leave of absence for the day.
The SPEAKER granted Rep. BAXLEY a leave of absence for the day.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the day due to illness.
The SPEAKER granted Rep. QUINN a leave of absence for the day.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
Rep. PINCKNEY presented to the House the Estill High School Girls Basketball Team, 1998 Class A State Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 5003
DATE ADD:
5/21/98 Theodore A. Brown
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 5165 -- Rep. Rhoad: A JOINT RESOLUTION TO REQUIRE A REFERENDUM TO BE CONDUCTED AT THE TIME OF THE GENERAL ELECTION OF 1998, AT WHICH TIME THE QUALIFIED ELECTORS OF BAMBERG COUNTY SHALL DETERMINE WHETHER OR NOT THE BAMBERG COUNTY HOSPITAL REMAINS OPEN AND TO PROVIDE THAT IF A MAJORITY OF THE ELECTORS VOTING IN THE REFERENDUM VOTE "YES", THE HOSPITAL MAY NOT BE CLOSED FOR THREE YEARS.
On motion of Rep. RHOAD, with unanimous consent, it was ordered that H. 5165 be read the third time tomorrow.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1110 -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.
S. 994 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
The following Bill was taken up.
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.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1170 -- Banking and Insurance 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.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1212 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY
AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.
Rep. LOFTIS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1215 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REHABILITATION AND LIQUIDATION OF INSURERS, FORMAL PROCEEDINGS, AND LIABILITY OF THE REINSURER, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE ORIGINAL INSURED OR POLICYHOLDER SHALL NOT HAVE ANY RIGHTS AGAINST THE REINSURER WHICH ARE NOT SPECIFICALLY SET FORTH IN THE REINSURANCE CONTRACT OR OTHER AGREEMENT BETWEEN THE REINSURER AND THE ORIGINAL INSURED OR POLICYHOLDER.
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 757 -- Senators Ravenel and Mescher: A BILL TO AMEND CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 6-11-65, SO AS TO PROVIDE THAT ELECTORS OF A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE BOARD OF COMMISSIONERS OF THE SPECIAL PURPOSE DISTRICT SHOULD BE ELECTED, BY ADDING SECTION 6-11-66 TO PROVIDE THAT IN THOSE DISTRICTS WHICH ADOPT THE REFERENDUM THE COMMISSIONERS WILL BE ELECTED ON AN AT-LARGE BASIS IN A NON-PARTISAN ELECTION AT THE GENERAL ELECTION; AND TO AMEND SECTION 6-11-70 OF THE 1976 CODE, RELATING TO THE ELECTION OF BOARD MEMBERS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO ELECTIONS HELD PURSUANT TO THIS ACT.
Rep. LLOYD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 758 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.
Rep. F. SMITH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not
been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 936 -- Senators J. Verne Smith and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-19-125, SO AS TO AUTHORIZE STUDENT PERMITS ALLOWING STUDENTS ENROLLED IN AN ACCREDITED MORTUARY SCIENCE COLLEGE IN SOUTH CAROLINA TO ENGAGE IN THE PRACTICE OF FUNERAL SERVICE.
Rep. LITTLEJOHN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 981 -- Senator Giese: A BILL TO AMEND SECTION 40-35-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO REQUIRE AN ASSOCIATE DEGREE WITH ONE YEAR OF ON-SITE SUPERVISED EXPERIENCE RATHER THAN A HIGH SCHOOL EDUCATION.
Rep. BATTLE explained the Bill.
Rep. T. BROWN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 5003 -- Reps. Miller and T. Brown: A BILL TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS WHEN THE AGREEMENT CREATING THE COUNCIL PROVIDES FOR MEMBERSHIP OF ANY MEMBERS OF THE GENERAL ASSEMBLY ON THAT POLICYMAKING BODY.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1977DW.98).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 6-7-130 of the 1976 Code is amended to read:
"Section 6-7-130. Each county and municipality executing the agreement creating the regional council of government shall must be a member. Representation of members on the policymaking body of the regional council of government shall must be as prescribed in the agreement creating the council of governments. The agreement shall specify the procedure for the appointment of representatives of the member local governments; provided, however, at least a majority of the members of the policymaking body shall must be members of the governing bodies of the participating cities and counties. Provided, further, that a resident member of the General Assembly must be appointed by their respective resident county legislative delegation from each county comprising the council with these members serving ex officio. If a county has no resident member of the General Assembly, then the county council shall select a member of the General Assembly who represents some or all of the county in question to serve ex officio. The representatives of the members serving on the policymaking body shall serve without salary for a term of four years; however, such these representatives may be reimbursed for expenses incurred in the performance of their duties. The regional council of government shall adopt bylaws designating the officers and their method of selection and providing for the conduct of its business." /
Amend title to read:
/TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY APPOINTED BY THEIR RESPECTIVE RESIDENT COUNTY LEGISLATIVE DELEGATION FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS AND PROVIDE FOR SELECTION OF A MEMBER WHEN A COUNTY HAS NO RESIDENT MEMBER OF THE GENERAL ASSEMBLY./
Renumber sections to conform.
Rep. MILLER explained the amendment.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4876 -- Rep. Cromer: A BILL TO AMEND SECTION 32-8-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY AUTHORIZE CREMATION OF A DECEDENT, SO AS TO PROVIDE THAT A PERSON DESIGNATED AS AGENT FOR THIS PURPOSE BY THE DECEDENT IN A WILL OR OTHER VERIFIED AND ATTESTED DOCUMENT HAS THE FIRST PRIORITY TO AUTHORIZE CREMATION OF A DECEDENT.
Rep. BREELAND explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 5166 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO CHILD SUPPORT GUIDELINES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2269, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. FLEMING made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1195 -- Senator Leatherman: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PEE DEE REGIONAL AIRPORT DISTRICT, SO AS TO CHANGE THE COMPOSITION OF THE GOVERNING BODY BY REMOVING DARLINGTON COUNTY FROM MEMBERSHIP ON THE GOVERNING BODY; REDUCE THE JURISDICTION OF THE DISTRICT BY REMOVING DARLINGTON COUNTY; LIMIT THE NUMBER OF TERMS A MEMBER MAY SERVE; AUTHORIZE THE GOVERNING BODIES OF THE COUNCILS COMPOSING THE AUTHORITY TO INCREASE THE AMOUNT OF COMPENSATION OF MEMBERS OF THE AUTHORITY; AUTHORIZE THE AUTHORITY TO LICENSE, LEASE, SUBLEASE, RENT, SELL, OR OTHERWISE PROVIDE FOR THE USE OF REAL PROPERTY IN ADDITION TO OTHER PROPERTY; DELETE THE POWER OF THE AUTHORITY TO DEVELOP AN INDUSTRIAL OR BUSINESS PARK; DELETE THE POWER TO DIRECT THE AUDITORS OF THE COUNTIES COMPOSING THE AUTHORITY TO LEVY A TAX ON THE PROPERTIES WITHIN THE DISTRICT; AUTHORIZE THE AUTHORITY TO DEVELOP LANDS LEASED BY, SUBLEASED BY, OWNED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY; PROVIDE THAT ALL FINES AND FORFEITURES COLLECTED UNDER THIS ARTICLE MUST BE FORWARDED TO THE COUNTY WHERE THE FINAL DISPOSITION OF THE CASE IS MADE INSTEAD OF TO THE DISTRICT; DELETE PROVISIONS RELATING TO THE AUTHORITY DEPOSITING OR EXPENDING MONIES, ACCEPTING DONATIONS, ISSUING NEGOTIABLE INSTRUMENTS, AND THE AUTHORITY TO ISSUE BONDS; CHANGE THE USES OF REVENUES DERIVED BY THE AUTHORITY FROM THE OPERATION OF REVENUE PRODUCING FACILITIES; DELETE PROVISIONS WHICH PROHIBITED THE AUTHORITY FROM CONSTITUTING ALL OR PART OF THE LANDS OWNED BY, LEASED BY, SUBLEASED BY, OR UNDER THE JURISDICTION OF THE AUTHORITY AS AN INDUSTRIAL OR BUSINESS PARK UNDER THE PROVISIONS OF SECTION 13 OF ARTICLE VIII OF THE CONSTITUTION; DELETE THE PROVISION RELATING TO THE ESTABLISHMENT OF INDUSTRIAL OR BUSINESS PARK; AND TO PROVIDE THAT NOTHING IN THIS ARTICLE SHALL PROHIBIT ANNEXATION BY THE CITY OF FLORENCE OF THE PROPERTY OF THE DISTRICT.
Rep. WALKER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION WITH BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES.
Rep. GOURDINE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. SCOTT asked unanimous consent to recall S. 325 from the Committee on Judiciary.
Rep. KIRSH objected.
Rep. LEACH asked unanimous consent to recall S. 1188 from the Committee on Education and Public Works.
Rep. MOODY-LAWRENCE objected.
Rep. COBB-HUNTER asked unanimous consent to recall S. 547 from the Committee on Ways and Means.
Rep. SANDIFER objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 4569 -- Reps. Cato and Gamble: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS AND ORIGINATORS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, AND TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO SIX HUNDRED DOLLARS AND IMPOSE A TWENTY-FIVE DOLLAR ADDITIONAL ANNUAL RENEWAL FEE FOR EACH ORIGINATOR.
Rep. GAMBLE explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 1070 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 RELATING TO INTERMODAL TRAILER, CHASSIS, OR CONTAINER SO AS TO PROVIDE THAT NO PERSON MAY TENDER A VEHICLE THAT IS IN VIOLATION OF FEDERAL MOTOR CARRIER SAFETY REGULATIONS TO A CARRIER OR DRIVER, TO PROVIDE FOR PUBLIC SERVICE SAFETY INSPECTIONS BY THE DEPARTMENT OF PUBLIC SAFETY UNDER CERTAIN CONDITIONS, AND TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS.
Rep. SHARPE made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 4505 -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: A BILL TO AMEND SECTION 56-5-4090, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO INCLUDE FLAT-BED TRAILERS WITHIN CERTAIN EXCEPTIONS TO LENGTH OF VEHICLES AND LOADS, TO FURTHER PROVIDE FOR THE MATERIALS WHICH EXEMPT TRAILERS MAY TRANSPORT, AND TO MAKE A TECHNICAL CORRECTION TO A REFERENCE.
Rep. TOWNSEND explained the Senate amendment.
Rep. MOODY-LAWRENCE made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 3901 -- Reps. Sharpe and McLeod: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Rep. SHARPE made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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.
S. 477 -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.
S. 1069 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455, SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
The following Concurrent Resolution was taken up.
S. 993 -- Senators J. Verne Smith, Passailaigue, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL.
Whereas, nearly eighty years have elapsed since the scandal of the 1919 World Series; and
Whereas, although the story has frequently seen print, fact, and fancy have been so confused that today it still is not known what actually took place; and
Whereas, Joe Jackson was acquitted of all charges of conspiracy by a jury of "twelve good men and true"; and
Whereas, although set aside by the judge, a jury verdict against the Chicago White Sox was awarded him for the balance of his contract; and
Whereas, the fact that his fielding average for the Series of 1919 was perfect and the fact that in that Series he set a record of twelve hits for a World Series offer strong evidence that he was no party to a conspiracy to "throw" the Series; and
Whereas, he suffered lifelong ignominy as a result of the scandal of 1919 and his subsequent banishment from organized baseball; and
Whereas, eighty years is far too long for any man or the memory of him to be tainted for an act as to which strong evidence exists that it was never committed by him; and
Whereas, Joe Jackson was active in civic matters, particularly in programs for the benefit of young boys, after his return to private life; and
Whereas, the General Assembly of South Carolina recognizes the desire of the family, friends, and baseball fans, who have loyally supported "Shoeless Joe", that he be exonerated; and
Whereas, the General Assembly of South Carolina believes him to have been innocent of any conspiracy to "throw" the World Series of 1919; and
Whereas, although he is now deceased, the General Assembly feels that he should be exonerated by baseball as he was exonerated in both criminal and civil courts. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes that "Shoeless Joe" Jackson was exonerated of any wrong doing in the 1919 World Series in both criminal and civil courts and, therefore, the Commissioner of Baseball is memorialized to reinstate "Shoeless Joe" Jackson as a member in good standing in organized baseball.
Be it further resolved that copies of this resolution be forwarded to the Commissioner of Baseball, the President of the American Baseball League, the President of the National Baseball League, and the family of Joe Jackson.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The motion period was dispensed with on motion of Rep. HASKINS.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. MEACHAM having the floor.
S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE, OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
Rep. MEACHAM continued speaking.
Rep. KIRSH spoke against the Bill.
The SPEAKER granted Reps. SPEARMAN, TROTTER and McMAHAND a leave of absence for the remainder of the day.
Rep. KIRSH continued speaking.
The SPEAKER granted Rep. EASTERDAY a leave of absence for the remainder of the day to attend a funeral.
Rep. KIRSH continued speaking.
Rep. VAUGHN spoke in favor of the Bill.
Rep. BECK spoke against the Bill.
Rep. SHEHEEN moved to table the Bill.
Rep. MEACHAM demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Barrett Bauer Beck Bowers Breeland Brown, J. Brown, T. Byrd Campsen Cotty Dantzler Davenport Delleney Fleming Gourdine Harrell Hawkins Hines, M. Hinson Inabinett Jordan Keegan Kelley Kennedy Kirsh Knotts Koon Lanford Law Limehouse Littlejohn Lloyd Loftis Mack Maddox Mason McCraw Miller Moody-Lawrence Neal Neilson Rhoad Scott Sheheen Simrill Smith, R. Townsend Walker Webb Whatley Witherspoon Woodrum
Those who voted in the negative are:
Allison Askins Bailey Battle Boan Brown, G. Brown, H. Cato Cave Chellis Clyburn Cobb-Hunter Edge Emory Felder Gamble Hamilton Harris Harrison Harvin Haskins Howard Jennings Kinon Klauber Leach Lee Martin McAbee McGee McLeod McMaster Meacham Mullen Pinckney Rice Riser Rodgers Sandifer Smith, D. Smith, J. Stoddard Stuart Tripp Vaughn Whipper Wilder Wilkes Wilkins Young
So, the Bill was tabled.
While this is a worthwhile service, I think the consumer should be given the choice of the service for a fee, as with call forwarding, voice mail and other services made available. Technology is available to allow the servicing companies to determine which customers have chosen other services and I believe this determination could be ascertained for this service also. Many areas of our State presently do not have 911 service and this charge would apply without service except and unless the caller traveled to an area that provided the service.
Rep. DWIGHT A. LOFTIS
The following Bill was taken up.
H. 4767 -- Reps. Young, Harrison and Wilkins: A BILL TO AMEND SECTION 14-1-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SURCHARGE IMPOSED ON A PERSON CONVICTED IN GENERAL SESSIONS COURT, SO AS TO PROVIDE THAT THE REVENUE COLLECTED PURSUANT TO THE SURCHARGE SHALL NOT BE USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM BUT ONLY FOR VICTIMS' SERVICES; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONCERNING VICTIM AND WITNESS SERVICES, SO AS TO PROVIDE DEFINITIONS RELATING TO VICTIMS OF CRIME AND CRIMINAL OFFENSES; AND TO AMEND SECTION 16-3-1525 RELATING TO THE ARREST OR DETENTION OF A PERSON ACCUSED OF COMMITTING AN OFFENSE, CERTAIN NOTIFICATION PROVIDED TO CRIME VICTIMS, PROTECTION PROVIDED TO CERTAIN WITNESSES, AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY IS NOT RESPONSIBLE FOR PROVIDING A VICTIM NOTICE OF A BOND HEARING.
Reps. ROBINSON, FLEMING, WILDER and KIRSH proposed the following Amendment No. 3 (Doc Name P:\AMEND\KGH\15649CM.98), which was adopted.
Amend the bill, as and if amended, Section 14-1-211, as contained in SECTION 1.G. on Page 4767-9, by striking Section 14-1-211 in its entirety and inserting:
/Section 14-1-211. (A) In addition to all other assessments and surcharges, a one hundred dollar surcharge is imposed on all convictions obtained in general sessions court and a twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and municipal court in this State. The surcharge must not be imposed on convictions for misdemeanor traffic offenses. However, the surcharge applies to all violations of Section 56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.
(B) The revenue collected pursuant to subsection (A) must be retained by the jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection (A) must be deposited into a separate account for the exclusive use for all activities related to the requirements contained in this provision. For the purpose of funds allocation and expenditure, these funds are a part of the general funds of the city or county. However, these funds first must be appropriated to the local agencies and offices providing victim services and not previously funded by the State. These funds must be used for, but are not limited to, salaries, equipment that includes computer equipment and internet access, or other expenditures necessary for providing services to crime victims. Any funds which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.
(C) The surcharged revenue retained by the general sessions court, magistrates, or municipal courts in this State pursuant to subsection (B) must be reported by the city or county treasurer to the State Treasurer monthly. Any funds retained by the city or county treasurer pursuant to this subsection which are not used for the provision of victims' services at the end of the fiscal year may be used for the capital and operating needs of the judicial system./
Amend title to conform.
Rep. ROBINSON 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 Askins Barfield Barrett Battle Bauer Beck Boan Bowers Brown, G. Brown, H. Brown, J. Byrd Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Leach Limehouse Littlejohn Mack Maddox Martin Mason McCraw McGee McLeod McMaster Meacham Moody-Lawrence Neilson Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stoddard Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. YOUNG asked unanimous consent that H. 4767 be read a third time tomorrow.
Rep. SCOTT objected.
I wish to be recorded as voting in favor of this Bill.
Rep. SHIRLEY R. HINSON
If I had been on the House Floor during the vote on H. 4767, I would have voted in the affirmative. My absence from the floor was due to a meeting with Senator Hutto in Senate Chambers.
Rep. WILBUR L. CAVE
The SPEAKER granted Rep. BOWERS a leave of absence for the remainder of the day.
The following Bill was taken up.
H. 4870 -- Reps. Jennings, Baxley, Harrell, Knotts and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 61-4-525, 61-6-185, AND 61-6-1825 SO AS TO PROVIDE THE MANNER IN WHICH PROTESTS MAY BE HEARD IN ISSUING OR RENEWING A BEER AND WINE PERMIT, A RETAIL LIQUOR LICENSE, AND A MINIBOTTLE LICENSE, TO DEEM AN UNPURSUED PROTEST TO BE INVALID, AND TO AUTHORIZE A PENALTY TO INCLUDE COURT COSTS AND ATTORNEY'S FEES WHEN A PROTESTANT FAILS TO APPEAR AT A HEARING AFTER AFFIRMING A DESIRE TO ATTEND; AND TO AMEND SECTION 61-6-1820, RELATING TO THE CRITERIA APPLICABLE TO ISSUE A MINIBOTTLE LICENSE, SO AS TO DELETE LANGUAGE MADE OBSOLETE BY THE PROVISIONS OF SECTION 61-6-1825 AS ADDED ABOVE.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5655MM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 5, Chapter 4, Title 61 of the 1976 Code is amended by adding:
"Section 61-4-525. A person residing in the county in which a beer and wine permit is requested to be granted, or a person residing within five miles of the location for which a beer and wine permit is requested, may protest the issuance or renewal of the permit if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the permit and the address of the premises sought to be licensed, or the name and address of the permit holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.
Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent permit but shall forward the file to the Administrative Law Judge Division.
If the protestant, during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the permit if all other statutory requirements are met.
A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing without written notification to the court five days in advance of the hearing may be assessed a fine or penalty to include court costs."
SECTION 2. Subarticle 1, Article 3, Chapter 61 of the 1976 Code is amended by adding:
"Section 61-6-185. A person residing in the county in which a retail liquor license is requested to be granted, or a person residing within five miles of the location for which a retail liquor license is requested, may protest the issuance or renewal of the license if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.
Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division.
If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing without written notification to the court five days in advance of the hearing may be assessed a penalty to include court costs."
SECTION 3. Subarticle 3, Article 5, Chapter 6, Title 61 of the 1976 Code is amended by adding:
"Section 61-6-1825. A person residing in the county in which a minibottle license is requested to be granted, or a person residing within five miles of the location for which a minibottle permit is requested, may protest the issuance or renewal of the license if he files a written protest setting forth:
(1) the name, address, and telephone number of the person filing the protest;
(2) the name of the applicant for the license and the address of the premises sought to be licensed, or the name and address of the license holder if the application is for renewal;
(3) the specific reasons why the application should be denied; and
(4) whether or not he wishes to attend a contested case hearing before the Administrative Law Judge Division.
Upon receipt of a timely filed protest, the department shall determine the protestant's intent to attend a contested hearing before the Administrative Law Judge Division. If the protestant intends to attend a contested hearing, the department may not issue the permanent license but shall forward the file to the Administrative Law Judge Division.
If the protestant during the investigation expresses no desire to attend a contested hearing and offer testimony, the protest is deemed invalid, and the department shall continue to process the application and shall issue the license if all other statutory requirements are met.
A person who files a protest and fails to appear at a hearing after affirming a desire to attend the hearing without written notification to the court five days in advance of the hearing may be assessed a penalty to include court costs."
SECTION 4. Section 61-6-1820 of the 1976 Code, as added by Act 415 of 1996, is amended by amending the last paragraph to read:
"Upon the written request of a person who resides in the county where the license is requested to be issued, the department must not issue the permanent license until interested persons have been given an opportunity to be heard."
SECTION 5. This act takes effect on the first day of the second month following approval by the Governor and applies with respect to applications for beer and wine permits and minibottle licenses filed on or after that date./
Amend title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
Reps. MEACHAM, CHELLIS, FELDER and CATO proposed the following Amendment No. 2 (Doc Name P:\AMEND\PSD\7436AC.98), which was adopted.
Amend the bill, as and if amended, Section 61-4-525, page 4870-2, by deleting lines 12-13 and inserting / affirming a desire to attend the hearing may be assessed a /.
Amend the bill further, Section 61-6-185, page 4870-2, by deleting line 41, and on page 4870-3 by deleting line 1 and inserting / affirming a desire to attend the hearing may be assessed a /.
Amend the bill further, Section 61-6-1825, page 4870-3, by deleting lines 29-30 and inserting / affirming a desire to attend the hearing may be assessed a /.
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM 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:
Askins Barfield Barrett Battle Bauer Beck Boan Brown, G. Brown, J. Brown, T. Byrd Campsen Cato Cave Chellis Cobb-Hunter Cooper Dantzler Edge Emory Felder Fleming Gamble Govan Harrell Harris Harvin Hines, J. Howard Inabinett Keegan Kelley Kennedy Klauber Knotts Koon Lanford Law Limehouse Mack Maddox Martin Mason McAbee McGee McLeod Meacham Miller Neilson Rhoad Riser Rodgers Sandifer Scott Sharpe Smith, D. Smith, R. Stille Stoddard Stuart Townsend Vaughn Webb Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Allison Clyburn Cotty Davenport Delleney Hamilton Haskins Hawkins Hines, M. Kirsh Leach Littlejohn Loftis McCraw McMaster Moody-Lawrence Rice Robinson Sheheen Simrill Smith, J. Tripp Walker Whipper Wilder Wilkins
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.
The following was received.
Columbia, S.C., May 20, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointments of:
Reappointment, Beaufort County Master-in-Equity, with term to commence June 6, 1997, and to expire June 6, 2003:
Honorable Thomas Kemmerlin, Jr., Post Office Drawer 1228, Beaufort, S.C. 29901
Initial Appointment, Berkeley County Master-in-Equity, with term to commence November 7, 1996, and to expire November 7, 2002:
Honorable D. Mark Stokes, 5812 Lakeview Drive, Hanahan, S.C. 29406 VICE Daniel F. Pieper (resigned)
Reappointment, Charleston County Master-in-Equity, with term to commence December 24, 1998, and to expire December 24, 2004:
Honorable Roger M. Young, 8121 Greenridge Road, North Charleston, S.C. 29406-9769
Reappointment, Dorchester County Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
Honorable Patrick Robert Watts, 212 Deming Way, Bin 12, Summerville, S.C. 29483
Reappointment, Greenville County Master-in-Equity, with term to commence December 31, 1997, and to expire December 31, 2003:
Honorable Charles B. Simmons, Jr., 11 West Hillcrest Drive, Greenville, S.C. 29609
Reappointment, Horry County Master-in-Equity, with term to commence July 31, 1997, and to expire July 31, 2003:
Honorable James Stanton Cross, Jr., Post Office Box 1236, Conway, S.C. 29528
Reappointment, Orangeburg County Master-in-Equity, with term to commence August 14, 1997, and to expire August 14, 2003:
Honorable Olin D. Burgdorf, Post Office Box 9000, Orangeburg, S.C. 29116
Reappointment, Richland County Master-in-Equity, with term to commence April 30, 1997, and to expire April 30, 2003:
Honorable Joseph M. Strickland, Richland County Master-in-Equity, Post Office Box 192, Columbia, S.C. 29202
Initial Appointment, Spartanburg County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:
Honorable Roger L. Couch, 1612 Holly Berry Lane, Spartanburg, S.C. 29301 VICE Thomas J. DeZern (retired)
Reappointment, Sumter County Master-in-Equity, with term to commence December 31, 1998, and to expire December 31, 2004:
Honorable Linwood S. Evans, Jr., Post Office Box 1273, Sumter, S.C. 29150
Reappointment, York County Master-in-Equity, with term to commence June 30, 1997, and to expire June 30, 2003:
Honorable J. Buford Grier, 383 Grady Drive, Rock Hill, S.C. 29732
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 21, 1998
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. HASKINS the invitation was accepted.
The following was introduced:
H. 5170 -- Rep. Knotts: A HOUSE RESOLUTION TO CONGRATULATE THE GLENFOREST SCHOOL "BULLDOGS" BOYS' BASKETBALL TEAM OF LEXINGTON COUNTY ON WINNING THE 1997-1998 SOUTH CAROLINA INDEPENDENT SCHOOL ATHLETIC ASSOCIATION CLASS A BOYS' BASKETBALL STATE CHAMPIONSHIP.
The Resolution was adopted.
The following was introduced:
H. 5171 -- Reps. Meacham, Allison, Bailey, Barfield, Battle, Beck, Breeland, J. Brown, Canty, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Emory, Gamble, Gourdine, Hamilton, A. Harris, J. Hines, M. Hines, Hinson, Howard, Jennings, Jordan, Keegan, Kinon, Kirsh, Koon, Lanford, Lee, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, McGee, McMahand, Miller, Moody-Lawrence, Mullen, Neilson, Rhoad, Riser, Rodgers, Sandifer, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stuart, Tripp, Vaughn, Walker, Webb, Wilder, Wilkes and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST THE DIRECTOR OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO STUDY THE EFFECT OF OBESITY IN BOTH ADULTS AND CHILDREN ON COSTLY HEALTH COMPLICATIONS SUCH AS DIABETES, HYPERTENSION, HEART DISEASE, AND STROKE, AND HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS AND TREATMENT OF THE PROBLEMS OF OBESITY, AND TO REPORT THE FINDINGS OF THE STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY ON OR BEFORE JANUARY 1, 1999.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 5172 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING DR. W. F. GIBSON OF GREENVILLE FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO THE COMMUNITY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 5173 -- Rep. Govan: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH CAROLINA STATE UNIVERSITY BULLDOGS AND THEIR COACH CY ALEXANDER AND HIS STAFF ON THURSDAY, MAY 28, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF BEING RECOGNIZED AND HONORED ON THEIR OUTSTANDING TEAM AND INDIVIDUAL ACCOMPLISHMENTS DURING THE 1997-98 MEN'S BASKETBALL SEASON, INCLUDING A MEAC TITLE, A TRIP TO THE NCAA TOURNAMENT, AND AN OVERALL RECORD OF 22-8.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the South Carolina State University Bulldogs and their Coach Cy Alexander and his staff on Thursday, May 28, 1998, at a time to be determined by the Speaker for the purpose of being recognized and honored on their outstanding team and individual accomplishments during the 1997-98 men's basketball season, including a MEAC title, a second trip to the NCAA tournament, and an overall record of 22-8.
The Resolution was adopted.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 5174 -- Reps. Edge, Barfield, Witherspoon, Keegan and Kelley: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF HORRY COUNTY FAVOR REDUCING THE SIZE OF THE HORRY COUNTY BOARD OF EDUCATION IN A SPECIFIED MANNER.
On motion of Rep. EDGE, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
On motion of Rep. EDGE, with unanimous consent, it was ordered that H. 5174 be read the second time tomorrow.
On motion of Rep. GOVAN, with unanimous consent, the following was taken up for immediate consideration:
H. 5175 -- Rep. Govan: A HOUSE RESOLUTION CONGRATULATING THE ORANGEBURG-WILKINSON BOYS' TRACK TEAM ON ITS 1998 REGION 3-AAAA CHAMPIONSHIP, ITS SEVENTEENTH CONFERENCE CROWN IN THE PAST TWENTY-SIX YEARS; WISHING HEAD COACH RON GEOGHAGAN AND STAFF AND THE ORANGEBURG-WILKINSON ATHLETES CONTINUED SUCCESS IN TRACK AND FIELD COMPETITIONS; AND EXTENDING TO THEM THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON THURSDAY, MAY 28, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER FOR THE PURPOSE OF PERSONALLY RECEIVING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.
Whereas, the Orangeburg-Wilkinson Boys' track team is the 1998 Region 3-AAAA Champion; and
Whereas, in winning the 1998 Region 3-AAAA Championship this team simply maintained its competitive edge, standards of excellence, and winning ways, The Bruins Boys' Track Team having earned the Region 3-AAAA crowns in 1972, 1973, 1974, 1975, 1977, 1978, 1979, 1980, 1981, 1982, 1983, 1984, 1985, 1994, 1995, 1996, and 1998; and
Whereas, the outstanding boys' track and field teams fielded by Orangeburg-Wilkinson won the State AAAA Championship in 1972, 1996, and again, in 1998, and were State AAAA Runners-up in 1981 and 1985; and
Whereas, under Coach Ron Geoghagan, 1994-95 Region Coach of the Year, the Orangeburg-Wilkinson Track Team has won thirty-one meets, losing only one; the Bruins hold state records in the 100 meter relay, and the 400 meter relay; in 1996 the Bruins 200 meter relay team ran the sixth fastest time in the country; in 1996 the Bruins 100 meter relay, 200 meter relay, and 400 meter relay teams made the Atlantic Track Club All American Team; and in 1997 the Bruins 100 meter relay and sprint medley relay teams made the National Scholastic Track and Field Magazine All American Team; and
Whereas, under Coach Geoghagan's tutelage, a Bruin team member, Damon Davis, was the 1995 High School Track All American and Gatorade Athlete of the Year, and, in 1996, another Bruin team member, William Graham, was National Track and Field All American in the 200 meters; and
Whereas, the Orangeburg-Wilkinson Boys' Track Team has compiled an outstanding record of sustained excellence over the years, with all of the Bruins athletes turning in top flight and personal best performances under Coach Geoghagan. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives congratulate the Orangeburg-Wilkinson Boys' Track Team on its 1998 Region 3-AAAA Championship, its seventeenth conference crown in the past twenty-six years; wishing Head Coach Ron Geoghagan and staff and the Orangeburg-Wilkinson athletes continued success in track and field competitions; and extending to them the privilege of the floor of the House of Representatives on Thursday, May 28, 1998; at a time to be determined by the Speaker for the purpose of personally receiving the congratulations and best wishes of the members of the House of Representatives.
Be it further resolved that copies of this resolution be presented to Coach Ron Geoghagan, and to Mr. John E. Brunson, Athletic Director for Orangeburg-Wilkinson High School, on behalf of the 1998 championship Orangeburg-Wilkinson Boys' Track Team.
The Resolution was adopted.
Rep. D. SMITH moved that the House stand at ease until the Ratification of Acts and upon completion, the House stand adjourned, which was agreed to.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R340) S. 12 -- Senators McConnell, Rose, Ravenel, Passailaigue, Mescher, Washington and Ford: AN ACT TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
(R341) S. 45 -- Senators Leventis, Waldrep, Rose, Ford and Holland: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO PRIVATE SCHOOLS AND TO PROVIDE THAT A FIRST OR SECOND OFFENSE MUST BE TRIED EXCLUSIVELY IN MAGISTRATE'S COURT AND THAT THIRD AND SUBSEQUENT OFFENSES MUST BE TRIED IN THE COURT OF GENERAL SESSIONS.
(R342) S. 124 -- Senators McConnell and Giese: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROVIDE THAT, IF A PRIMARY CARE PHYSICIAN MAKES A REFERRAL TO A DERMATOLOGIST, THE ENROLLEE IN A MANAGED CARE HEALTH PLAN MAY SEE THE IN-NETWORK DERMATOLOGIST TO WHOM THE ENROLLEE IS REFERRED, WITHOUT FURTHER REFERRAL, FOR A MINIMUM OF SIX MONTHS OR FOUR VISITS, WHICHEVER OCCURS FIRST, FOR DIAGNOSIS, TREATMENT, OR SURGERY FOR THE REFERRAL PROBLEM OR CONNECTED COMPLICATIONS, AND TO PROVIDE FOR RELATED MATTERS.
(R343) S. 130 -- Senator Giese: AN ACT TO AMEND CHAPTER 43, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS, SO AS TO REVISE THE PRACTICE AND REGULATION OF PHARMACY INCLUDING, BUT NOT LIMITED TO FURTHER DEFINING "PHARMACEUTICAL DEVICES" AND FURTHER PROVIDING FOR THEIR REGULATION, REVISING THE ROLE OF PHARMACISTS IN DRUG THERAPY MANAGEMENT, REQUIRING PHARMACISTS TO COUNSEL PATIENTS ON NEW MEDICATION, AUTHORIZING PHARMACISTS TO SUPERVISE TWO, RATHER THAN ONE, PHARMACY TECHNICIAN, FURTHER PROVIDING FOR THE REQUIREMENTS FOR COMPOUNDING PRESCRIPTION DRUGS, PROVIDING FOR THE TRANSFER OF PRESCRIPTIONS BETWEEN PHARMACIES UNDER CERTAIN CONDITIONS, AND REVISING PROCEDURES FOR THE DISCLOSURE OF CONFIDENTIAL PRESCRIPTION INFORMATION.
(R344) S. 278 -- Senators Leventis, Reese, Glover, Ravenel, O'Dell, Gregory, McConnell, Land, McGill, Russell, Jackson, Courson, Thomas, Waldrep, Rose, Passailaigue, Hutto and Ryberg: AN ACT TO AMEND SECTION 47-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "ANIMAL", OR "ANIMALS", SO AS TO REDEFINE THESE TERMS 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 THE DISPOSITION OF A FIRST OFFENSE CASE OF A PERSON WHO HAS ALLEGEDLY VIOLATED THIS SECTION BY PERMITTING THE CASE TO BE HEARD EITHER IN MAGISTRATE'S COURT 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", AND ALLOW OFFENSES UNDER THIS SECTION TO BE TRIED EITHER IN MAGISTRATE'S COURT OR MUNICIPAL COURT; 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 FOR PROPERLY BY THE PERSON MAKING THE ARREST "UNTIL THE OWNER TAKES CHARGE OF THE ANIMAL", ALLOW AN ANIMAL TO BE SEIZED PRECEDING AN ARREST AND PURSUANT TO SECTION 47-1-150, AND DELETE THE REQUIREMENT THAT THE OWNER TAKE CHARGE OF THE ANIMAL WITHIN FIFTEEN DAYS FROM THE DATE OF NOTICE FROM THE PERSON MAKING THE ARREST; TO AMEND SECTION 47-1-150, RELATING TO ANIMAL CRUELTY LAWS, SO AS TO PROVIDE THAT, IF AN ANIMAL IS SEIZED PURSUANT TO THIS SECTION AND THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OTHER SOCIETY INCORPORATED FOR THAT PURPOSE IS INVOLVED WITH THE SEIZURE, THE AMOUNT MAY BE HELD PENDING CRIMINAL DISPOSITION OF THE CASE AT A FACILITY MAINTAINED OR CONTRACTED BY THAT AGENCY, AND TO ADD FURTHER PROVISIONS WHICH PROVIDE, AMONG OTHER THINGS, THAT ANY LAW ENFORCEMENT OFFICER OR AGENT OF ANY COUNTY OR OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR ANY SOCIETY INCORPORATED FOR THAT PURPOSE MAY MOVE BEFORE A MAGISTRATE FOR CERTAIN ORDERS AND THAT IF ANY SEIZED ANIMAL HELD BY COURT ORDER AT THE OWNER'S PREMISES IS REMOVED WITHOUT NOTIFICATION TO THE INVESTIGATING AGENCY, OR IF AN ANIMAL BECOMES SICK OR DIES AND THE OWNER OR CUSTODIAN FAILS IMMEDIATELY TO NOTIFY THE INVESTIGATING AGENCY, THE OWNER MUST BE HELD IN CONTEMPT OF COURT AND FINED UP TO THE PENALTIES PROVIDED BY LAW; TO AMEND SECTION 47-1-170, RELATING TO PENALTIES, FINES, AND LIENS ASSESSED UPON CRUEL USE OF AN ANIMAL, 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".
(R345) S. 284 -- Senators Leventis, Courson, Waldrep, Wilson, Giese, Anderson, Elliott, Land, Short, Reese, Cork, Rose, Holland, Moore and Washington: AN ACT 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" AND REQUIRE HIM TO NOTIFY EACH CHARITABLE ORGANIZATION THAT HE IS THE ADMINISTRATOR OF THE 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, 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.
(R346) S. 289 -- Senator Anderson: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION, IN PRIVATE INDUSTRY OR BUSINESS OR COMMERCIAL ENTERPRISES TO ENHANCE THE GENERAL WELFARE OF THE STATE OF SOUTH CAROLINA, TO PROVIDE THAT VIOLENT OFFENDERS NOT PERFORM LABOR FOR NONPROFIT ORGANIZATIONS OUTSIDE THE CONFINES OF A CORRECTIONAL INSTITUTION, AND THAT INMATES PARTICIPATING IN SUCH LABOR SHALL NOT BENEFIT IN ANY MANNER CONTRADICTORY TO EXISTING STATUTES.
(R347) S. 332 -- Senator Hayes: AN ACT TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT CONFISCATED THE WEAPON, AND TO PROVIDE THAT A WEAPON MUST NOT BE DISPOSED OF IN ANY MANNER UNTIL A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT MAY BE INVOLVED IN IS ISSUED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED BY THE LAW ENFORCEMENT AGENCY THAT CONFISCATED THE WEAPON, AND TO PROVIDE THAT A WEAPON MUST NOT BE DISPOSED OF UNTIL A FINAL DETERMINATION OF ANY LEGAL PROCEEDING IT MAY BE INVOLVED IN IS ISSUED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS OR HANDGUNS DECLARED TO BE CONTRABAND, SO AS TO PROVIDE THAT THESE WEAPONS MUST BE FORFEITED TO OR SEIZED BY A MUNICIPAL OR COUNTY LAW ENFORCEMENT AGENCY, TO NOT ALLOW THESE WEAPONS TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED AFTER A FINAL DETERMINATION OF ANY LEGAL PROCEEDING THEY MAY BE INVOLVED IN IS ISSUED; TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS; AND TO ADD SECTION 23-31-240 SO AS TO PROVIDE THAT CERTAIN ACTIVE JUDGES, SOLICITORS, ASSISTANT SOLICITORS, AND WORKERS' COMPENSATION COMMISSIONERS WHO POSSESS A VALID CONCEALABLE WEAPONS PERMIT MAY CARRY A CONCEALABLE WEAPON ANYWHERE IN THE STATE.
(R348) S. 396 -- Senators J. Verne Smith and Leatherman: AN ACT TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTENTS OF PROPERTY TAX ASSESSMENT NOTICES, SO AS TO DELETE THE REQUIREMENT THAT THE NOTICE CONTAIN THE PERCENTAGE INCREASE OVER THE PRIOR MARKET VALUE IF THERE WAS NO CHANGE IN USE OR CHARACTERISTICS.
(R349) S. 443 -- Senator Leatherman: AN ACT TO AMEND SECTION 12-37-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE COUNTY ASSESSOR, SO AS TO PROVIDE FOR THE RESPONSIBILITY AND RIGHT TO ENTER AND EXAMINE NEW NONRESIDENTIAL BUILDINGS AND STRUCTURES AND PORTIONS OF EXISTING NONRESIDENTIAL BUILDINGS AND STRUCTURES COVERED BY BUILDING PERMITS.
(R350) S. 472 -- Senators Land and Wilson: AN ACT TO AMEND CHAPTER 36, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF OCCUPATIONAL THERAPY, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS TO INCREASE THE BOARD OF OCCUPATIONAL THERAPY FROM FIVE TO SEVEN; REVISE DEFINITIONS; TO AUTHORIZE SANCTIONS FOR PRACTICING WITHOUT A LICENSE; TO PROVIDE FOR A CIVIL PENALTY; TO INCREASE CRIMINAL PENALTIES; TO REQUIRE AN APPLICANT TO BE IN GOOD STANDING WITH THE NATIONAL CERTIFICATION BOARD; AND TO PROVIDE FOR BIENNIAL LICENSURE.
(R351) S. 535 -- Banking and Insurance Committee: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 93 SO AS TO ENACT PROVISIONS REGULATING THE PRIVACY OF GENETIC INFORMATION.
(R352) S. 593 -- Senators Ravenel, Passailaigue, Rose, McConnell and Hayes: AN ACT TO AMEND TITLE 45, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LODGING FACILITIES, BY ADDING CHAPTER 4, SO AS TO ENACT THE "SOUTH CAROLINA BED AND BREAKFAST ACT", TO SPECIFICALLY DEFINE "BED AND BREAKFAST" TO INCLUDE A "BED AND BREAKFAST INN", A "HOME STAY BED AND BREAKFAST", AND A "COUNTRY INN", TO SPECIFICALLY EXCLUDE CERTAIN OTHER TYPES OF TRANSIENT ACCOMMODATIONS, AND TO PROVIDE HEALTH AND SAFETY REGULATIONS FOR OPERATION OF A NEW OR EXISTING BED AND BREAKFAST IN SOUTH CAROLINA.
(R353) S. 772 -- Senators Holland, Bryan and Courson: AN ACT TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN THAT THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.
(R354) S. 843 -- Senators Peeler, Reese and Mescher: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-195 SO AS TO REQUIRE A STUDENT WITH PEDICULOSIS (HEAD LICE) TO RETURN TO SCHOOL ONLY UPON PRESENTATION OF EVIDENCE OF TREATMENT AND A PHYSICAL SCREENING CONDUCTED BY THE SCHOOL INDICATING AN ABSENCE OF PEDICULOSIS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PROVIDE ELIGIBLE FAMILIES WITH PRODUCTS OR PRODUCT VOUCHERS FOR THE TREATMENT OF PEDICULOSIS, AND TO MAKE IMPLEMENTATION CONTINGENT UPON THE APPROPRIATION OF ADEQUATE FUNDING.
(R355) S. 876 -- Senators Drummond and Alexander: AN ACT TO AMEND SECTION 11-3-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPORTS OF THE COMPTROLLER GENERAL TO THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY TAXES COLLECTED, SO AS TO DELETE OBSOLETE LANGUAGE AND REFER TO ALL TAXING ENTITIES; TO AMEND SECTIONS 12-39-140, 12-39-310, AND 12-45-300, RELATING TO THE DUTIES OF COUNTY AUDITORS, SO AS TO DELETE OBSOLETE REQUIREMENTS AND MODERNIZE REPORTING REQUIREMENTS TO THE COMPTROLLER GENERAL; AND TO REPEAL SECTIONS 11-3-190, 12-39-290, AND 12-45-340, RELATING TO OBSOLETE REPORTING AND RECORDKEEPING REQUIREMENTS.
(R356) S. 958 -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: AN ACT 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 AND TO PROVIDE A PENALTY FOR VIOLATIONS; 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 MEETING AS TRUSTEE OF THE RETIREMENT SYSTEMS AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES, AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
(R357) 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: AN ACT 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 INCLUDE METHADONE TREATMENT FACILITIES IN THE DEFINITION OF "HEALTH CARE FACILITY" AND TO DELETE KIDNEY DISEASE TREATMENT CENTERS AND HEMODIALYSIS CENTERS FROM THAT DEFINITION; 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 AND TO CLARIFY THE EDUCATIONAL AND PENAL INSTITUTION EXEMPTION; AND TO AMEND SECTION 44-7-210, AS AMENDED, RELATING TO THE CERTIFICATE OF NEED APPLICATION PROCESS, SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL FROM APPROVING A CERTIFICATE OF NEED FOR A METHADONE TREATMENT FACILITY UNTIL LICENSURE STANDARDS FOR SUCH FACILITIES ARE PROMULGATED.
(R358) S. 986 -- Senators Holland and Martin: AN ACT TO AMEND SECTION 7-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF REGISTRATION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE BOARD MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH BOARD MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; TO AMEND SECTION 7-5-35, AS AMENDED, RELATING TO PROVISIONS FOR INCLUSION OF MAJORITY AND MINORITY PARTY REPRESENTATIVES APPLICABLE TO CERTAIN ELECTION AND REGISTRATION COMMISSIONS AS CONSTITUTED FOR PRIMARY ELECTIONS AND PROTESTS, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR; AND TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION, SO AS TO PROVIDE THAT SUCH STAFF DESIGNATED BY THE COMMISSION MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM, AND TO FURTHER PROVIDE THAT UPON INITIAL CERTIFICATION, EACH COMMISSION MEMBER AND DESIGNATED STAFF MUST TAKE AT LEAST ONE TRAINING COURSE EACH YEAR.
(R359) S. 1003 -- Senator Peeler: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-535 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO HUNT, TAKE, OR POSSESS MIGRATORY GAME BIRDS WITHOUT FIRST OBTAINING A MIGRATORY GAME BIRD PERMIT FROM THE DEPARTMENT OF NATURAL RESOURCES, TO PROVIDE THAT THE DEPARTMENT MAY NOT CHARGE A FEE FOR THE PERMIT UNLESS APPROVED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT THIS PERMIT MUST BE INTEGRATED INTO ALL HUNTING LICENSES AFTER FINAL IMPLEMENTATION OF THE MIGRATORY BIRD HARVEST INFORMATION PROGRAM.
(R360) S. 1007 -- Senators Holland, McConnell and Giese: AN ACT TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE OR GAMMA HYDROXY BUTYRATE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND TRAFFICKING IN FLUNITRAZEPAM AS FELONIES; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
(R361) S. 1084 -- Senator Land: AN ACT TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, SO AS TO ADOPT 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.
(R362) S. 1095 -- Judiciary Committee: AN ACT TO AMEND ARTICLE 13, CHAPTER 7 OF TITLE 14, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRAND JURIES, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE TO CLARIFY LANGUAGE CONCERNING THE DRAWING OF GRAND JURORS, TO DELETE CERTAIN OBSOLETE PROVISIONS, TO PROVIDE THAT THE NUMBER OF GRAND JURORS TO BE DRAWN BY THE JURY COMMISSIONERS MUST BE A NUMBER WHICH THE CLERK OF COURT OR CHIEF ADMINISTRATIVE JUDGE FOR THE CIRCUIT HAS DETERMINED TO BE SUFFICIENT IN ORDER TO IMPANEL A GRAND JURY, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS; AND TO AMEND CHAPTER 7 OF TITLE 14, RELATING TO JURIES AND JURORS IN CIRCUIT COURT, BY ADDING ARTICLE 17 SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR SELECTING AND IMPANELING GRAND JURIES IN WHICH GRAND JURORS SHALL SERVE TERMS OF SIX MONTHS RATHER THAN ONE YEAR AND MAY HOLD OVER FOR ONE ADDITIONAL SIX-MONTH TERM, TO PROVIDE THE PROCEDURES FOR SELECTING AND IMPANELING SUCH JURORS UNDER THIS ALTERNATIVE METHOD, AND TO PROVIDE THAT A PERSON COMPLETING HIS SERVICE AS A GRAND JUROR UNDER THIS ALTERNATIVE METHOD, INCLUDING ANY SERVICE AS A HOLDOVER GRAND JUROR, IS EXEMPT FROM ANY FURTHER JURY SERVICE IN ANY COURT OF THIS STATE FOR A PERIOD OF FIVE CALENDAR YEARS.
(R363) S. 1108 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO RENTAL TEXTBOOKS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2259, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R364) S. 1137 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP: 1997-1998, DESIGNATED AS REGULATION DOCUMENT NUMBER 2256, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R365) S. 1138 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO NEED-BASED GRANTS PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2238, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R366) S. 1167 -- Senator Holland: AN ACT TO AMEND TITLE 26, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTARIES PUBLIC AND ACKNOWLEDGMENTS, BY ADDING CHAPTER 5 SO AS TO ENACT THE "SOUTH CAROLINA ELECTRONIC COMMERCE ACT" WHICH PROVIDES FOR THE LEGAL STATUS OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES AND AUTHORIZES THE BUDGET AND CONTROL BOARD AND SECRETARY OF STATE TO PROMULGATE REGULATIONS RELATED TO ELECTRONIC COMMERCE.
(R367) S. 1175 -- Senator Alexander: AN ACT TO AMEND ACT 613 OF 1992, AS AMENDED, RELATING TO THE OCONEE COUNTY SUPERINTENDENT OF EDUCATION AND THE SCHOOL DISTRICT OF OCONEE COUNTY, SO AS TO STAGGER THE TERMS OF THE MEMBERS OF THE BOARD OF TRUSTEES OF THE DISTRICT.
(R368) S. 1185 -- Senator Reese: AN ACT 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.
(R369) S. 1186 -- Senators Hutto and Lander: AN ACT TO AMEND CHAPTER 22, TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WAREHOUSE SYSTEM, BY ADDING SECTION 39-22-15 SO AS TO DEFINE LOSS OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND AND TO PROVIDE THAT DEPOSITORS MAY RECOVER LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND; TO AMEND SECTION 39-22-80, AS AMENDED, RELATING TO EXEMPTION OF ELECTRONIC WAREHOUSE RECEIPTS, SO AS TO PROVIDE FOR WRITTEN NOTICE AND CONSENT IN CONNECTION WITH THE USE OF ELECTRONIC WAREHOUSE RECEIPTS, TO AMEND SECTION 39-22-90, AS AMENDED, RELATING TO PROHIBITED ACTS AND PENALTIES IN CONNECTION WITH WAREHOUSE RECEIPTS, SO AS TO PROHIBIT ISSUING OR TRANSFER OF AN ELECTRONIC WAREHOUSE RECEIPT WITHOUT WRITTEN NOTICE TO OR THE CONSENT OF THE DEPOSITOR, TO AMEND SECTION 39-22-150, RELATING TO CLAIMS AGAINST THE STATE WAREHOUSE SYSTEM GUARANTY FUND, SO AS TO PROTECT DEPOSITORS AGAINST LOSSES OVER THE AMOUNT PROTECTED BY A WAREHOUSEMAN'S BOND, TO PROVIDE FOR PENALTIES, AND TO PROVIDE THAT CERTAIN PROVISIONS OF THE ACT APPLY RETROACTIVELY.
(R370) S. 1196 -- Senator Bryan: AN ACT 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; AND TO REPEAL ACT 603 OF 1984 AND TO DELETE SECTION 4 OF ACT 241 OF 1983, BOTH RELATING TO BOUNDARIES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56.
(R371) H. 3184 -- Rep. Davenport: AN ACT TO AMEND SECTION 16-17-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DESTRUCTION OR DESECRATION OF HUMAN REMAINS OR REPOSITORIES AND THE PENALTIES THEREFOR, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS, TO REQUIRE COMMUNITY SERVICE FOR CERTAIN VIOLATIONS, TO PROVIDE THAT A CREMATORY OPERATOR IS NEITHER CIVILLY NOR CRIMINALLY LIABLE FOR CREMATING A BODY WHICH HAS BEEN INCORRECTLY IDENTIFIED OR THE FUNERAL DIRECTOR HAS OBTAINED INVALID AUTHORIZATION TO CREMATE, AND TO PROVIDE THAT THIS IMMUNITY DOES NOT APPLY TO A CREMATORY OPERATOR WHO KNEW OR SHOULD HAVE KNOWN THAT THE BODY WAS INCORRECTLY IDENTIFIED.
(R372) H. 3351 -- Rep. Felder: AN ACT TO AMEND SECTION 50-11-704, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF ARTIFICIAL LIGHTS IN CERTAIN GAME ZONES TO OBSERVE OR HARASS WILDLIFE, SO AS TO INCLUDE GAME ZONE 3 AS A GAME ZONE TO WHICH THESE PROVISIONS APPLY.
(R373) H. 3789 -- Reps. Limehouse, Altman, Hawkins, Chellis, J. Brown, Easterday, Cato, Edge, Maddox, Beck, Webb, Tripp, Byrd, Whatley, Littlejohn, Riser, Inabinett and Harrell: AN ACT TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON TAKING SPOTTED SEA TROUT, SO AS TO PROHIBIT TAKING SPOTTED SEA TROUT OF LESS THAN THIRTEEN INCHES; AND TO AMEND SECTION 50-17-520, AS AMENDED, RELATING TO LIMITS ON THE MAXIMUM NUMBER OF DAILY TAKE OF CERTAIN FISH, SO AS TO REDUCE THE NUMBER OF SPOTTED SEA TROUT A PERSON MAY TAKE OR HAVE IN POSSESSION IN ONE DAY FROM FIFTEEN TO TEN.
(R374) H. 4107 -- Rep. Rhoad: AN ACT TO AMEND SECTION 7-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BAMBERG COUNTY, SO AS TO DESIGNATE THE VOTING PLACE OF THE EDISTO PRECINCT AS THE EDISTO RURAL FIRE DEPARTMENT.
(R375) H. 4303 -- Reps. Inabinett, Govan, Jordan, Maddox, Cromer, Kennedy, Whipper, Campsen, Tripp, Jennings, J. Hines, Breeland, Cobb-Hunter, Robinson, Pinckney, Neal, Miller, Cotty, Baxley and Parks: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 33 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MARRIAGES OF WHITES AND NEGROES AND THE AGE OF CONSENT FOR AN UNMARRIED WOMAN, SO AS TO DELETE THE PROVISION MAKING A MARRIAGE BETWEEN A WHITE AND NEGRO OR MULATTO UNLAWFUL.
(R376) H. 4467 -- Rep. Klauber: AN ACT TO AMEND SECTION 35-1-1590, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING THE UNIFORM SECURITIES ACT, SO AS TO CREATE CERTAIN FELONY OFFENSES AND PENALTIES AND REVISE THE PENALTY FOR THE EXISTING MISDEMEANOR OFFENSE.
(R377) H. 4486 -- Reps. Jennings, Inabinett, Kirsh, Meacham, H. Brown, Spearman, Moody-Lawrence, Neilson, J. Hines, Cobb-Hunter, Seithel, Bailey, Battle, D. Smith, Tripp, Harrison, Rodgers, Leach, Scott, Gamble, Govan, McCraw, Riser, Stille, Stuart, Young-Brickell, Vaughn, Keegan, Neal, Kelley, Loftis, Witherspoon, Cato, A. Harris, Wilder, Stoddard, McMaster, Jordan, Martin and Cromer: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-140 SO AS TO PROVIDE THAT A VALID PROTECTION ORDER RELATED TO DOMESTIC OR FAMILY VIOLENCE ISSUED IN ANOTHER STATE IS VALID IN THIS STATE AND MUST BE ENFORCED AS IF IT WERE ISSUED IN THIS STATE; TO PROVIDE THE PREREQUISITES TO AND PROCEDURES FOR ENFORCING SUCH ORDER; TO PROVIDE CIVIL AND CRIMINAL IMMUNITY; TO AMEND SECTION 16-25-50, AS AMENDED, RELATING TO PENALTIES FOR VIOLATION OF AN ORDER OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO ALSO APPLY THE PENALTIES TO VIOLATIONS OF ORDERS ISSUED IN ANOTHER STATE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION OF THE FAMILY COURT IN DOMESTIC MATTERS, SO AS TO AUTHORIZE THE COURT TO ORDER SIBLING VISITATION.
(R378) H. 4507 -- Rep. Davenport: AN ACT TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF CONTRACTORS AS A PROFESSION, BY ADDING SECTION 40-11-165 SO AS TO PROVIDE THAT A PERSON WHO IS OR HAS BEEN LICENSED PURSUANT TO THIS CHAPTER WHO LEAVES THE STATE WITH UNPAID DEBTS AND SUBSEQUENTLY RETURNS AND SEEKS LICENSURE AGAIN, OR TO DO BUSINESS AGAIN UNDER A STILL-VALID, PREVIOUSLY ISSUED LICENSE, SHALL FILE A SIGNED, NOTARIZED STATEMENT LISTING CERTAIN FINANCIAL INFORMATION, AND TO PROVIDE FOR RELATED MATTERS.
(R379) H. 4540 -- Reps. Loftis and Leach: AN ACT TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
(R380) H. 4594 -- Reps. Rhoad, Bowers, R. Smith, Koon, Limehouse, Bauer, Bailey, Inabinett, Battle, J. Smith, Witherspoon, Sharpe, Davenport, T. Brown, Law, Webb, McAbee, Wilkes, Lloyd, Neal, Knotts, Edge, Miller, Hamilton, Loftis, Riser, Cave, Barfield, Littlejohn, Dantzler, Harvin, Phillips, Maddox, Hinson, Rodgers, Baxley, Leach, Cromer, Jennings and Neilson: AN ACT TO AMEND SECTION 50-13-1187, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAIT AUTHORIZED TO BE USED WITH TROTLINES, SET HOOKS, AND JUGS, SO AS TO AUTHORIZE THE USE OF LIVE NONGAME FISH AND BREAM ON SPECIFIED SET HOOKS ON THE EDISTO, BLACK, SAMPIT, BIG PEE DEE, LITTLE PEE DEE, LUMBER, AND WACCAMAW RIVERS, LIMIT THE NUMBER OF BREAM A PERSON MAY HAVE IN HIS POSSESSION WHILE FISHING WITH NONGAME TACKLE ON THESE RIVERS, PROHIBIT THE USE OF BREAM AS BAIT AFTER JUNE 30, 2001, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R381) H. 4686 -- Rep. Stoddard: AN ACT TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO CHANGE THE NAME OF WOODVILLE PRECINCT TO GREENPOND PRECINCT, DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED, AND DIRECT THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD TO CHANGE THE BOUNDARIES OF TWO PRECINCTS IN LAURENS COUNTY.
(R382) H. 4691 -- Reps. Sharpe, Rhoad, Spearman, Limehouse, Davenport, Witherspoon, Littlejohn and McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 47 SO AS TO ENACT THE SOUTH CAROLINA RENDERING ACT OF 1998, INCLUDING PROVISIONS AND DEFINITIONS RELATING TO ADMINISTRATION OF THE ACT BY THE STATE LIVESTOCK-POULTRY HEALTH COMMISSION AND THE DIRECTOR, DIVISION OF LIVESTOCK-POULTRY HEALTH PROGRAMS, CLEMSON UNIVERSITY, PROVIDING MINIMUM STANDARDS FOR RENDERING PLANTS AND FOR CONDUCTING RENDERING OPERATIONS, AND PROVIDING PROVISIONS FOR PERMITS, INSPECTIONS, AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS.
(R383) H. 4694 -- Reps. Neilson, Bailey, Barfield, Baxley, Bowers, Byrd, Cave, Clyburn, Cobb-Hunter, J. Hines, M. Hines, Howard, Inabinett, Jennings, Martin, McCraw, McLeod, Moody-Lawrence, Neal, Phillips, Scott, J. Smith, R. Smith and Stoddard: AN ACT TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE PLANS, SO AS TO CLARIFY THAT THE DIVISION ON AGING IS UNDER THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RATHER THAN UNDER THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 9-1-10, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO AMEND THE DEFINITION OF "EMPLOYEE" AND "EMPLOYER" SO AS TO INCLUDE EMPLOYEES OF LOCAL COUNCILS ON AGING IN THE STATE RETIREMENT SYSTEM.
(R384) H. 4753 -- Rep. Cave: AN ACT TO AMEND SECTION 7-7-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PLACES IN ALLENDALE COUNTY, SO AS TO DELETE THE SPECIFIC POLLING PLACES FOR EACH VOTING PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE ESTABLISHED BY THE REGISTRATION AND ELECTIONS COMMISSION FOR ALLENDALE COUNTY SUBJECT TO THE APPROVAL OF A MAJORITY OF THE ALLENDALE COUNTY LEGISLATIVE DELEGATION.
(R385) H. 4787 -- Reps. Klauber, McLeod, J. Smith, McAbee, Harrison, Hawkins and Kinon: AN ACT TO AMEND CHAPTER 17, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD MUSEUM AND STATE WEAPONS COLLECTION SO AS TO CHANGE ITS NAME TO THE SOUTH CAROLINA MILITARY MUSEUM, RENAME AND REVISE ITS GOVERNING BOARD, AND MAKE OTHER REQUIRED CONFORMING AMENDMENTS.
(R386) H. 4809 -- Reps. Harvin and Young: AN ACT TO AMEND ACT 959 OF 1972, AS AMENDED, RELATING TO THE CLARENDON COUNTY AREA VOCATIONAL SCHOOL AND MANPOWER TRAINING CENTER AND ITS GOVERNING BOARD, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE CLARENDON COUNTY BOARD OF EDUCATION, OR HIS DESIGNEE, ALSO SHALL SERVE AS AN EX OFFICIO MEMBER OF THIS BOARD.
(R387) H. 4912 -- Reps. Baxley, Neilson and J. Hines: AN ACT TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
(R388) H. 4932 -- Rep. Kinon: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR THE FISCAL YEAR BEGINNING JULY 1, 1998, AND ENDING JUNE 30, 1999.
(R389) H. 4941 -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF MARCH 9, 1998, MISSED BY THE STUDENTS OF UNION HIGH SCHOOL OF THE SCHOOL DISTRICT OF UNION COUNTY WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IN UNION COUNTY THAT SERVES UNION HIGH SCHOOL IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R390) H. 4965 -- Reps. Walker, Allison, Lanford, Lee, Phillips, Davenport, D. Smith, Littlejohn and Hawkins: AN ACT TO ESTABLISH A SPARTANBURG COUNTY EDUCATION OVERSIGHT COMMITTEE AND TO DEVOLVE THE DUTIES AND FUNCTIONS OF THE SPARTANBURG COUNTY BOARD OF EDUCATION INCLUDING THE DISTRIBUTION OF MINIMUM FOUNDATION MONIES UPON THE OVERSIGHT COMMITTEE, TO PROVIDE THE PROCEDURES UNDER WHICH THESE MINIMUM FOUNDATION MONIES MUST BE DISTRIBUTED, AND TO ABOLISH THE SPARTANBURG COUNTY BOARD OF EDUCATION.
(R391) H. 4968 -- Reps. Hawkins, Littlejohn, Lee and Davenport: AN ACT TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO INCREASE THE BOARD FROM THREE TO FIVE MEMBERS.
(R392) H. 4999 -- Reps. Lloyd, Inabinett, Bailey, Bowers and Rhoad: AN ACT TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE BOARD OR THE FORMER SEPARATE BOARDS OF ELECTIONS AND VOTER REGISTRATION IS ELIGIBLE TO SERVE AS A MEMBER OF THE BOARD.
(R393) H. 5002 -- Rep. Vaughn: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO RENAME AND CORRECT ERRORS IN THE NAMES OF CERTAIN POLLING PLACES.
(R394) H. 5012 -- Reps. Stille, Carnell and Townsend: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF NOVEMBER 25, 1997, MISSED BY THE STUDENTS OF LONG CANE ELEMENTARY SCHOOL OF THE ABBEVILLE COUNTY SCHOOL DISTRICT WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R395) H. 5014 -- Reps. Spearman, Wilder and McLeod: AN ACT TO REPEAL ACT 768 OF 1966 RELATING TO THE NEWBERRY-SALUDA REGIONAL LIBRARY ON JULY 1, 1998, TO TRANSFER THE ASSETS AND LIABILITIES OF THE REGIONAL LIBRARY TO THE COUNTY WHEREIN THESE ASSETS AND LIABILITIES ARE LOCATED, AND TO PROVIDE THE GOVERNING BODIES OF NEWBERRY AND SALUDA COUNTIES SHALL EACH ESTABLISH A COUNTY PUBLIC LIBRARY SYSTEM IN THE MANNER PROVIDED BY SECTION 4-9-35 OF THE 1976 CODE EFFECTIVE JULY 1, 1998.
(R396) H. 5023 -- Reps. M. Hines, McGee, J. Hines, McKay and Askins: A JOINT RESOLUTION TO PROVIDE FOR A BINDING REFERENDUM TO BE HELD AT THE SAME TIME AS THE 1998 GENERAL ELECTION TO DETERMINE WHETHER OR NOT THE QUALIFIED ELECTORS OF FLORENCE COUNTY SCHOOL DISTRICT ONE FAVOR GRANTING TO THE BOARD OF TRUSTEES OF THE DISTRICT THE AUTHORITY BEGINNING IN 1999 TO RAISE THE MILLAGE FOR SCHOOL OPERATIONS BY NOT MORE THAN FIVE MILLS OVER THAT LEVIED FOR THE PREVIOUS YEAR WITHOUT THE REQUIREMENT OF A REFERENDUM, TO LIMIT THAT AUTHORITY TO A TWENTY-MILL INCREASE IN ANY FIVE-YEAR PERIOD, AND TO GRANT SUCH LIMITED FISCAL AUTONOMY TO THE BOARD BEGINNING IN 1999 IF THE RESULTS OF THE BINDING REFERENDUM ARE IN FAVOR THEREOF.
(R397) H. 5029 -- Reps. McGee, J. Hines, McKay and M. Hines: AN ACT TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
(R398) H. 5031 -- Reps. Lloyd, Bowers, Inabinett, Bailey and Rhoad: AN ACT TO ENACT THE COLLETON COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT WHICH AUTHORIZES A SPECIAL ONE PERCENT SALES AND USE TAX IN THE COUNTY OF SPECIFIED DURATION AND FOR SPECIFIED PURPOSES UPON APPROVAL IN A REFERENDUM.
(R399) 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.
(R400) H. 5050 -- Rep. Rhoad: AN ACT TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.
(R401) H. 5052 -- Rep. Bauer: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO AUTHORIZE THE DISTRICT TO COMMISSION AND TRAIN QUALIFIED ENFORCEMENT OFFICERS.
(R402) H. 5072 -- Reps. Harrison and Knotts: 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 IN NONCAPITAL CASES IF THE CONFLICT FUND IS EXHAUSTED.
(R403) H. 5083 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA ACADEMIC ENDOWMENT INCENTIVE ACT OF 1997/SOUTH CAROLINA HIGHER EDUCATION MATCHING GIFT FUND, DESIGNATED AS REGULATION DOCUMENT NUMBER 2296, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R404) H. 5103 -- Reps. Miller and T. Brown: AN ACT TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS AND PROVIDE THAT APPOINTMENTS TO THESE OFFICES, BOARDS, AND COMMISSIONS BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH ADVICE AND CONSENT OF THE SENATORS.
Rep. NEAL moved to reconsider the vote whereby S. 778 was tabled and the motion was noted.
The Senate returned to the House with concurrence the following:
H. 5168 -- Rep. D. Smith: A CONCURRENT RESOLUTION RECOGNIZING THE WORK AND ACCOMPLISHMENTS OF WILLIAM D. BILTON, EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION, AND CONGRATULATING HIM ON THE SUCCESSFUL COMPLETION OF HIS TERM AS PRESIDENT OF THE NATIONAL ASSOCIATION OF PROSECUTOR COORDINATORS AND FOR HIS SERVICE ON THE BOARD OF DIRECTORS OF THE NATIONAL ASSOCIATION OF DISTRICT ATTORNEYS.
H. 5172 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING DR. W. F. GIBSON OF GREENVILLE FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO THE COMMUNITY AND THE STATE OF SOUTH CAROLINA.
At 12:15 P.M. the House in accordance with the motion of Rep. RODGERS adjourned in memory of Colonel Donald Conroy (USMC-Retired) of Beaufort, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 10:32 A.M.