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:
Lord of all mankind, save us from making the same mistakes over and over again, from yielding to the same temptation time after time, from doing things we should not do until a habit is fixed we cannot break. Help us daily to grow stronger, to shed old faults and gain new virtues. Teach us to work as though everything depended upon us, and to pray as though everything depended upon God. Be present with us every hour of this day so that at evening time, we may know the deep contentment that we have done our best.
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. LITTLEJOHN moved that when the House adjourns, it adjourn in memory of Corey Jamelle Pitts of Pacolet, which was agreed to.
May 26, 1998
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4540, R. 379, 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.
This veto is based upon my belief that H. 4540, R. 379, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 4540, R. 379 of 1998.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 26, 1998
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4912, R. 387, 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.
This veto is based upon my belief that H. 4912, R. 387, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 4912, R. 387 of 1998.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 26, 1998
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 4968, R. 391, 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.
This veto is based upon my belief that H. 4968, R. 391, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 4968, R. 391 of 1998.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 26, 1998
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 5029, R. 397, 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.
This veto is based upon my belief that H. 5029, R. 397, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 5029, R. 397 of 1998.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 26, 1998
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 5052, R. 401, 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.
This veto is based upon my belief that H. 5052, R. 401, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 5052, R. 401 of 1998.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 26, 1998
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 5103, R. 404, 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.
This veto is based upon my belief that H. 5103, R. 404, is unconstitutional. Article VIII, Section 7 of the South Carolina Constitution states that "[n]o laws for a specific county shall be enacted."
For the above reason, I am vetoing H. 5103, R. 404 of 1998.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5148 -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1998, AS "GANG VIOLENCE AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE, AND TO REQUEST THE ATTORNEY GENERAL TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF GANG VIOLENCE IN SOUTH CAROLINA TO INFORM PARENTS AND OTHERS OF THE PROBLEM OF CRIMINAL GANGS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 534 -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER1,TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1179 -- Senator Drummond: A BILL TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.
Ordered for consideration tomorrow.
The following was introduced:
H. 5190 -- Rep. Cooper: A HOUSE RESOLUTION TO CONGRATULATE MR. AND MRS. JACOB W. (JAKE) ROGERS OF ANDERSON UPON THE OCCASION OF THEIR SIXTIETH WEDDING ANNIVERSARY, AND TO THANK THEM FOR A LIFETIME OF DEDICATED SERVICE AS ANDERSON COUNTY EDUCATORS.
The Resolution was adopted.
The following was introduced:
H. 5191 -- Reps. Neilson, J. Hines, A. Harris, Sheheen, G. Brown, Jennings, Boan, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Beck, Bowers, Breeland, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hawkins, M. Hines, Hinson, Howard, Inabinett, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION COMMENDING AND THANKING THE HONORABLE J. MICHAEL BAXLEY OF DARLINGTON COUNTY, OUR DISTINGUISHED COLLEAGUE IN THE GENERAL ASSEMBLY, FOR HIS OUTSTANDING PUBLIC SERVICE AS A LEGISLATOR, AND EXTENDING BEST WISHES TO HIM FOR HAPPINESS AND SUCCESS IN ALL OF HIS FUTURE ENDEAVORS.
Whereas, since 1987, the Honorable John Michael (Mike) Baxley has represented the citizens of House District Number 65 (Chesterfield, Darlington, Kershaw, and Lee counties) in the General Assembly; and
Whereas, for the past twelve years Representative Baxley has labored tirelessly for the best interests of his constituents and for the good of the State; and
Whereas, he was Chairman of the Freshman Caucus in the House of Representatives from 1987 to 1988, has been a member of the House Judiciary Committee since 1987, and has served on the Joint Legislative Committee on AIDS, the Joint Legislative Solid Waste Disposal Study Committee, and the Joint Legislative Committee on the Problems of the Disabled; and
Whereas, he was named 1988 Legislator of the Year by the South Carolina American Ex-Prisoners of War, 1989 Legislator of the Year by the South Carolina Association of the Deaf, 1989 Legislator of the Year by the South Carolina National Association for the Advancement of Colored People Youth Division, and 1991 Legislator of the Year by the South Carolina Rural Water Association; and
Whereas, Mike is practically uniquely respected and admired by a very broad cross-section of society for his intelligence, his leadership, his vision, his determination, his hard work, and most especially, his compassion; he has meant much for progress in his beloved Palmetto State, has truly left his mark on state government, and he has been a great friend to all of his legislative colleagues; and
Whereas, he has decided not to seek reelection to the House of Representatives in 1998, a fact which is unfortunate for the citizens of South Carolina and sad for us, his colleagues; however, we have every confidence that his excellent qualities and characteristics will enable him to succeed in everything he undertakes. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina, by this resolution, commend and thank the Honorable J. Michael Baxley of Darlington County, our distinguished colleague in the General Assembly, for his outstanding public service as a legislator and extend best wishes to him for happiness and success in all of his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to the Honorable J. Michael Baxley.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5192 -- Rep. R. Smith: A HOUSE RESOLUTION TO HONOR THE LATE MIKE DWYER DUNCAN OF AIKEN COUNTY, WHO SERVED HIS COUNTRY WELL DURING WORLD WAR II AND WHOSE WORDS PENNED FIFTY-TWO YEARS AGO AS A YOUNG MEMBER OF THE UNITED STATES NAVY REMIND US OF THE COURAGE OF OUR VETERANS AND THE BATTLES WHICH CONTINUE TO FACE OUR YOUTH.
The Resolution was adopted.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 5193 -- Reps. Chellis, Young-Brickell and Bailey: A HOUSE RESOLUTION TO CONGRATULATE THE SUMMERVILLE HIGH SCHOOL "GREEN WAVE" GIRL'S TRACK TEAM ON ITS 1998 AND FIRST EVER STATE AAAA CHAMPIONSHIP, FOR ITS RECORD OF RUNNER-UP IN FOUR STATE CHAMPIONSHIP MEETS SINCE 1978; TO WISH HEAD COACH VIKI KRAMER, HER STAFF, AND THE SUMMERVILLE "GREEN WAVE" ATHLETES CONTINUED SUCCESS IN TRACK AND FIELD COMPETITIONS; AND TO EXTEND 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 OF THE HOUSE OF REPRESENTATIVES, FOR THE PURPOSE OF PERSONALLY RECEIVING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.
Whereas, the Summerville High School "Green Wave" Girl's Track Team won its first state AAAA championship at the state track meet on May 14, 1998, and is the 1998 Girl's High School Class AAAA State Champion for 1998; and
Whereas, the winning 1998 "Green Wave" Girl's Class AAAA state championship team has finished in second place as runner-up at the state championship level four times since 1978, three of those four times being since 1991 under the tutelage of Coach Viki Kramer; and
Whereas, under Coach Viki Kramer and distance running coach Irving Batten, the breakthrough victory for the 1998 state championship was a true team effort, where every point counted, and the team had to get everything it could from every girl on the team and, putting it all together, the Lady Waves made it happen as true champions; and
Whereas, in addition to the 1998 state championship, other highlights and accomplishments of this truly outstanding team in 1998 include an undefeated regular season, finishing first place as Patriot Track Meet champions, first place as Tri County Meet champions, first place as lower state champions, first place for the fourteenth consecutive year as Region 6-AAAA champions, and finishing second only in the Azalea Outback Invitational Meet; and
Whereas, the members of this outstanding championship team are: seniors Latoya Glenn, Dana Stephens, and Katrell Green; junior: Kellie Buice; sophmores: Carre Joyce and Andrea Walker; freshmen: Kelly Sandler and Shayla Tarte; eighth grade: Kelsey Jones and Katie Hodge; Assistant Coach, Irving Batten; and Head Coach Viki Kramer, this being her final season after twenty years. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, hereby congratulate the Summerville High School "Green Wave" Girl's Track Team on its 1998 and first ever state AAAA championship, for its record of runner-up in four state championship meets since 1978, wish head coach Viki Kramer, her staff, and the Summerville "Green Wave" athletes continued success in track and field competitions; and extend 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 of the House of Representatives, for the purpose of personally receiving the congratulations and best wishes of the members of the House of Representatives.
Be it further resolved that a copy of this resolution be presented to Summerville High School head coach, Viki Kramer, and athletic director, John McKissick.
The Resolution was adopted.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Law Leach Lee Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Mullen Neilson Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Townsend Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum
I came in after the roll call and was present for the Session on Wednesday, May 27.
W. Jeffrey Young Richard M. Quinn, Jr. H.B. Limehouse III Daniel L. Tripp James Emerson Smith, Jr. G. Ralph Davenport, Jr. John David Hawkins Steve P. Lanford Jackson S. Whipper Bessie Moody-Lawrence Henry E. Brown, Jr. Douglas Jennings, Jr. Larry L. Koon Fletcher Nathaniel Smith, Jr. Timothy C. Wilkes Annette Young-Brickell Joseph H. Neal Lynn Seithel William D. Boan
LEAVES OF ABSENCE
The SPEAKER granted Rep. BAXLEY a leave of absence for the day due to illness in the family.
The SPEAKER granted Rep. SEITHEL a temporary leave of absence.
The SPEAKER granted Rep. F. SMITH a temporary leave of absence.
Reps. SHARPE, COTTY, BAILEY, SEITHEL and QUINN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 26.
Announcement was made that Dr. Joe Myslinski of Columbia and Dr. Del Schutte of Charleston are the Doctors of the Day for the General Assembly.
Rep. KNOTTS and the Lexington County Delegation presented to the House the Glenforest School "Bulldogs" Boys Basketball Team of Lexington County, 1997-98 SCISAA Class A State Champions, and their coach.
Rep. MASON and the Aiken Delegation presented to the House the South Aiken High School "Thoroughbreds" Boys Tennis Team, 1997-98 Class AAAA State Tennis Champions, their coach and other school officials.
Rep. MEACHAM presented to the House the Fort Mill High School Boys "Yellow Jackets" Tennis Team, 1998 Class AAA State Tennis Champions, their coaches and other school officials.
Rep. WILKINS presented to the House the Christ Church Episcopal School's Golf Team, Class A State Golf Champions, their coach and other school officials.
The following was received.
Columbia, S.C., May 26, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of H. 4526:
H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Very respectfully,
President
The House refused to return the Bill to the Senate and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 40-2-55. A certified public accountant may charge a contingency fee or commission, or both, for performing services under this chapter if the client and the certified public accountant enter into a separate written contract, executed by both parties, specifying the terms of the contingency fee or commission, or both, for each transaction to be conducted. No contingency fee or commission is payable or enforceable in the absence of a clearly executed written contract."
SECTION 2. Section 40-2-30 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"Section 40-2-30. (A) It is unlawful for a person to hold himself out as a certified public accountant or to use the title 'certified public accountant' or the designation 'CPA' in this State unless the person has obtained a certificate of registration from the South Carolina Board of Accountancy as provided in this article. It is unlawful for a partnership to hold itself out as a partnership of certified public accountants unless it is registered with the South Carolina Board of Accountancy and:
(1) At least one general partner is a certified public accountant of this State in good standing;
(2) Each partner personally engaged within this State in the practice of public accounting as a member of the partnership is a certified public accountant of this State in good standing;
(3) Each partner is a certified public accountant in good standing of some state of the United States;
(4) (2) Each resident manager in charge of an office of the firm in this State is a certified public accountant of this State in good standing. Application for registration must be made upon the affidavit of a general partner of the partnership who is a certified public accountant of this State in good standing. The board shall determine whether the applicant is eligible for registration. A partnership which is registered may use the words 'certified public accountants' or the designation 'CPA's' in connection with its partnership name. Notification must be given the board, within one month, after the admission to or withdrawal of a partner from a registered partnership.
(B) No person may assume or use the title or designation 'certified public accountant' in conjunction with names indicating or implying that there is a partnership or in conjunction with the designation 'and Company' or 'and Co.' or a similar designation if there is in fact no bona fide partnership; however, a sole proprietor or partnership lawfully using that title or designation in conjunction with names or designation on July 1, 1965, may continue to do so if the person or partnership otherwise complies with this article."
SECTION 3. The fourth unnumbered paragraph of Section 40-2-190 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"A candidate for the certificate of certified public accountant who has successfully completed the examination required under Section 40-2-170 has no status as a certified public accountant unless and until he has the requisite experience and has received his certificate as a certified public accountant. The experience required is either:
(1) two years of accounting experience in public, governmental, or private employment under the direct supervision and review of a certified public accountant licensed to practice accounting in some state or territory of the United States or the District of Columbia;
(2) five years' experience teaching accounting in a college or university recognized by the board; or
(3) a combination of experience determined by the board to be substantially equivalent to items (1) and (2). The experience must include experience satisfactory to the board, in applying generally accepted auditing standards to financial statements prepared in accordance with generally accepted accounting principles; however, this experience shall not require a minimum number of hours in auditing financial statements."
SECTION 4. Section 40-2-380 of the 1976 Code, as added by Act 453 of 1996, is amended to read:
"Section 40-2-380. (A) The board shall promulgate regulations implementing the requirements and reporting for continuing education which must be met by certified public accountants, public accountants, and accounting practitioners. The board shall require no less than sixty hours of continuing educational activities in a two-year period; however, this continuing education requirement shall not prescribe a minimum number of hours in accounting and/or auditing subjects. The board shall require compliance with the regulations as a prerequisite to the issuance of a current license to practice as a certified public accountant, public accountant, or accounting practitioner. The requirements may be waived by the board in individual cases for good cause.
In promulgating these regulations, the board shall recognize the following as meeting the continuing educational requirements:
(1) professional development programs of national and state accounting organizations. Only class hours, or the equivalent, and not students' hours devoted to preparation are counted;
(2) technical sessions at meetings of national and state accounting organizations and their chapters;
(3) courses offered by colleges, universities, technical education centers, and other appropriate educational institutions, including credit and noncredit courses. Each semester-hour credit equals fifteen hours toward the requirement; each quarter-hour credit equals ten hours. In noncredit courses, each classroom hour equals one qualifying hour.
(4) other activities, methods, procedures, devices, and programs which, in the opinion of the board, contribute directly to the professional competence of the licensee.
(B) The board also shall promulgate regulations for forms of practice, contingent fees, and commissions which shall conform to the professional standards of the American Institute of Certified Public Accountants as of December 31, 1996, or the National Association of Boards of Accountancy, or both."
SECTION 5. Within ninety days of this act's effective date, the Board of Accountancy shall promulgate the regulations required by Section 40-2-380(B), as contained in SECTION 4 of this act.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to read:
/A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-2-55 SO AS TO REQUIRE A CERTIFIED PUBLIC ACCOUNTANT (CPA) TO ENTER A SEPARATE WRITTEN CONTRACT WITH A CLIENT IN ORDER TO CHARGE A CONTINGENCY FEE OR COMMISSION; TO AMEND SECTION 40-2-30, RELATING TO REQUIREMENTS FOR USING THE TITLE AND DESIGNATION OF "CERTIFIED PUBLIC ACCOUNTANT" AND FOR REPRESENTING AN ENTITY AS A CPA PARTNERSHIP, SO AS TO REVISE THE PARTNERSHIP REQUIREMENTS; TO AMEND SECTION 40-2-190, RELATING TO CERTIFICATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST INCLUDE CERTAIN AUDITING EXPERIENCE AND TO PROHIBIT THE BOARD FROM REQUIRING A MINIMUM NUMBER OF HOURS IN AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY, SO AS TO PROHIBIT THE BOARD FROM PRESCRIBING A MINIMUM NUMBER OF HOURS IN ACCOUNTING OR AUDITING FOR CONTINUING EDUCATION AND TO REQUIRE THE BOARD TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OR NATIONAL ASSOCIATION OF BOARDS ACCOUNTANCY STANDARDS FOR FORMS OF PRACTICE, CONTINGENT FEES, AND COMMISSIONS./
/s/Senator Thomas L. Moore /s/Rep. Converse A. Chellis III /s/Senator Ernest L. Passailaigue, Jr. /s/Rep. Ralph W. Canty /s/Senator Thomas C. Alexander /s/Rep. Margaret J. Gamble On Part of the Senate. On Part of the House.
Rep. GAMBLE explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bills and Joint Resolution 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. 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.
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.
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.
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.
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.
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.
The following Bill was taken up.
H. 5018 -- Reps. Townsend, Martin, Stille and Cooper: A BILL TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION, FOR THE MANNER IN WHICH IT SELECTS ITS OFFICERS, FOR THE MANNER IN WHICH AN ANNUAL TAX LEVY IS IMPOSED AND COLLECTED, FOR THE MANNER IN WHICH MONIES MAY BE BORROWED, FOR THE MANNER IN WHICH CERTAIN FIRE PERSONNEL ARE EMPLOYED, AND FOR OTHER RELATED MATTERS.
Rep. TOWNSEND proposed the following Amendment No. 1 (Doc Name P:\AMEND\PT\1962DW.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 1 of Act 294 of 1961, as reflected in Section 14-891 of the 1962 Code, as last amended by Act 927 of 1964, is further amended to read:
"Section 1. There is hereby created a Commission commission in Anderson County to bear the name of Anderson County Fire Protection Commission. The Commission commission shall be is composed of five resident electors to be appointed by the Governor on the recommendation of a majority of the county legislative delegation, including the Senator senators. Any vacancies that occur on the Commission commission shall must be filled in like manner. The commissioners shall reside within or own property in an area to be served by the Anderson County Fire Protection System. The term of office of each commissioner shall be is for four years and until his successor shall be is appointed and qualifies. Upon the expiration of the terms of the present members of the Commission, two of the five members shall be appointed for two-year terms and three of the members shall be appointed for the regular four-year terms. The five commissioners shall determine by lot which of them shall serve for terms of two years and which shall serve for terms of four years. Their successors shall be appointed for terms of four years. A Commissioner commissioner shall be is eligible to succeed himself. If for any reason a commissioner is removed or resigns during his term, a successor must be appointed to complete that term. Vacancies occurring during a commissioner's term must be filled only for the remainder of that term. The commissioners shall select a chairman and a secretary treasurer from among themselves,. and the treasurer of Anderson County shall ex officio be the treasurer of the Commission. The commissioners shall serve without pay."
SECTION 2. Section 2(d) of Act 294 of 1961, as reflected in Section 14-893(4) of the 1962 Code, as last amended by Act 146 of 1969, is further amended to read:
"(d) To annually levy recommend to the Anderson County Legislative Delegation a tax not to exceed four six mills in the aggregate on all of the taxable property of the county for the development and operation of the fire protection system except that property within the municipal limits of the cities of Anderson, Belton, Honea Path, Williamston, Pelzer and that portion of Piedmont that comprises old School District No. 23."
SECTION 3. Section 2(e) of Act 294 of 1961, as reflected in Section 14-893(5) of the 1962 Code, as last amended by Act 216 of 1967, is further amended to read:
"(e) To borrow money for a period of two years for its purposes in its name in advance and in anticipation of the collection of taxes so levied for such years, and to pledge such those taxes as security for the payment of any and all such notes with the approval of the Anderson County Legislative Delegation;"
SECTION 4. Section 2(f) of Act 294 of 1961, as reflected in Section 14-893(6) of the 1962 Code, as last amended by Act 927 of 1964, is further amended to read:
"(f) To engage a competent fire marshal county fire chief and fix his compensation and terms of employment and duties and to engage such other agents and servants as from time to time may be needed;"
SECTION 5. Section 3 of Act 294 of 1961, as reflected in Section 14-894 of the 1962 Code, as last amended by Act 927 of 1964, is further amended to read:
"Section 3. In each section or subdivision of the county set up in the fire protection system where the Commission commission may establish a fire station, there shall must be a volunteer unit chief and such volunteer unit members and fire fighters as the Commission commission shall determine. Such These units shall must be known as the fire department of the designated area. It shall be is the duty of such the unit chief to enforce the rules of the Commission commission in the section and protect and care for the property of the Commission commission there placed. Each unit chief shall must be appointed by the fire marshal county fire chief, after an election by the members of the respective units, for a term of one year, or until his successor is appointed and qualifies, and shall perform such other duties as may be set forth in the rules of the Commission commission. Vacancies in the office of the unit chief shall must be filled in the manner of the original appointment. The unit chief may be removed only for cause following a hearing by the full Commission commission."
SECTION 6. Section 4 of Act 294 of 1961, as reflected in Section 14-896 of the 1962 Code, is amended to read:
"Section 4. Prior to Before July first of each year, the Commission commission shall determine and present to the Anderson County Legislative Delegation a budget in which is recommended the amount of money needed for its purposes for the fiscal year. and After the delegation approves the budget, the necessary levy is sent to the county auditor who shall levy a tax on all taxable property of the county adequate for raising such sums so needed, but such the levy shall may not exceed two six mills on the dollar of the taxable assessed values of the property. On or before July first of each year, the Commission shall report the levy to the county auditor, who shall enter the same upon the tax records of the county, and the The tax shall must be collected by the county treasurer the same as taxes are collected for county purposes. The tax so levied by the Commission county auditor shall constitute a lien upon the taxable property of the county in the same manner as other taxes constitute liens on such property. All moneys monies assessed and collected for the purpose of the Commission commission shall must be paid out by the county treasurer for such these purposes upon the warrant of the chairman and secretary treasurer of the Commission commission. The county treasurer shall at regular intervals, not less than every two months, file a statement with the Commission commission as to the moneys monies collected on the tax and the disbursements that have been made."
SECTION 7. Section 9 of Act 294 of 1961, as reflected in Section 14-897 of the 1962 Code, is amended to read:
"Section 9. The county supervisor governing body of Anderson County may make available for the Commission commission any real estate owned by the county and not otherwise needed to place thereon a building or other property in the development and operation of the fire protection system. But the supervisor must obtain prior approval of the county road commissioners and the county legislative delegation, including the Senator, before any real property of the county may be made available for use by the Commission."
SECTION 8. Section 5(d) of Act 294 of 1961, as reflected in Section 14-898(4) of the 1962 Code, is amended to read:
"(d) Drive any vehicle over fire hose except upon specific orders from the marshal, county fire chief, or other officer in charge where the hose is issued; or"
SECTION 9. Section 1(B) of Act 711 of 1990 is amended to read:
"(B) Pursuant to the results of a favorable referendum heretofore which previously was conducted pursuant to Section 6-11-273 of the 1976 Code, the commission, beginning with the year 1988, may annually levy recommend to the Anderson County Legislative Delegation a tax not to exceed six mills on all taxable property in its service area for the operation of the commission. If the commission recommends and the delegation agrees to a levy of more than six mills, a referendum must be conducted, initiated by the delegation, within the service area of the commission to approve that levy. A majority of the qualified electors voting on the levy over the six mills must approve the levy before the additional taxes may be levied. The service area of the commission for this purpose for the years 1988, 1989, and 1990 consists of the entire area of the county of Anderson except for those areas within the municipal limits of the cities of Anderson, Belton, Honea Path, Williamston, Pelzer, and that portion of Piedmont that comprises old School District No. 23. Effective with the year 1991 and thereafter, the area within the town of Pelzer is also part of the service area of the commission."
SECTION 10. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSIONERS TO SELECT A TREASURER INSTEAD OF A SECRETARY, DELETE THE PROVISION AUTHORIZING THE COMMISSION TO LEVY A TAX NOT EXCEEDING FOUR MILLS AND SUBSTITUTING A PROVISION WHICH AUTHORIZES THE COMMISSION TO RECOMMEND TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AN ANNUAL TAX NOT TO EXCEED SIX MILLS FOR THE OPERATION OF THE FIRE PROTECTION SYSTEM, DELETE THE MUNICIPALITY OF PELZER FROM THE EXCEPTIONS OF THE AREA SUBJECT TO THE TAX FOR THE FIRE SYSTEM, REQUIRE THE APPROVAL OF THE ANDERSON COUNTY LEGISLATIVE DELEGATION FOR THE COMMISSION TO ISSUE TAX ANTICIPATION NOTES, CHANGE REFERENCES FROM FIRE MARSHAL TO COUNTY FIRE CHIEF, CLARIFY THE PROCESS AND PROVIDE THAT THE COMMISSION MAKES AN ANNUAL RECOMMENDATION TO THE DELEGATION, WITH THE DELEGATION APPROVING THE BUDGET AND THE COUNTY AUDITOR LEVYING THE AMOUNTS APPROVED BY THE DELEGATION, AND CORRECT ARCHAIC REFERENCES; AND TO AMEND ACT 711 OF 1990 RELATING TO THE AUTHORIZATION OF CERTAIN COMPENSATION FOR MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO CLARIFY THE ANNUAL SUBMISSION OF THE BUDGET TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AND PROVIDE FOR A REFERENDUM IN THE SERVICE AREA OF THE COMMISSION WHEN THE COMMISSION REQUESTS AND THE DELEGATION APPROVES MORE THAN SIX MILLS IN THE ANNUAL BUDGET REQUEST./
The Bill, as amended, was read the second time and ordered to third reading.
Rep. BAUER moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 1139 -- Senator Wilson: A BILL TO AMEND ACT 387 OF 1963, AS AMENDED, RELATING TO THE CREATION OF THE IRMO FIRE DISTRICT IN LEXINGTON COUNTY, SO AS TO CORRECT TECHNICAL ERRORS IN THE DESCRIPTION OF ITS BOUNDARIES, PROVIDE FOR THE ELECTION OF THE GOVERNING BOARD, AND AT THE TIME OF THE GENERAL ELECTION IN 1998, PROVIDE FOR THE TERMS OF THE MEMBERS OF THE BOARD, CHANGE THE POWERS OF THE BOARD, PROVIDE THAT THE PROPERTY OF ANY PERSON CONTIGUOUS TO THE DISTRICT MUST BE ADDED TO THE DISTRICT UPON RECEIPT AND ACCEPTANCE BY THE BOARD OF COMMISSIONERS OF A REQUEST FROM THE PROPERTY OWNER REQUESTING THE INCLUSION, AND AUTHORIZE THE DISTRICT TO ISSUE GENERAL OBLIGATION BONDS NOT EXCEEDING ONE MILLION DOLLARS.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 5183 -- Rep. Cave: A BILL TO PROVIDE FOR FOUR ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN 2002, TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL MEMBERS SHALL BE APPOINTED, AND TO PROVIDE THAT THEIR SUCCESSORS SHALL BE ELECTED AT THE 2002 ELECTION IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
H. 5189 -- Rep. Edge: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT AND COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH MEMBERS ARE APPOINTED EFFECTIVE JULY 1, 1998.
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. CATO explained the Bill.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
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.
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. HARRELL moved to adjourn debate upon the following Joint Resolution until Thursday, May 28, which was adopted.
H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7423AC.98).
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 40-55-55. It is unlawful for a person to engage in the practice of psychology in this State without obtaining a license from the board, except as otherwise authorized by this chapter."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-55-120. All psychologists subject to this chapter must provide patients with a statement of their rights and procedures to file a complaint as prescribed by the board."
SECTION 3. Section 40-55-50 of the 1976 Code is amended to read:
"Section 40-55-50. (A) A person practices as a psychologist within the meaning of this chapter when he:
(1) Holds himself out to be a psychologist or
(2) Renders to individuals or to the public for a fee, monetary or otherwise, any service involving the recognized principles, methods and procedures of the science and profession of psychology, such as: (a) assessment or measurement, through the use of psychological tests and interviews, of intelligence, aptitudes, skills, personality traits, behavior adjustment, attitudes and interests; (b) techniques of personality and behavior readjustment, such as group and individual psychotherapy, remotivation and conditioning. that person holds himself or herself out as a psychologist or applies the principles, methods, or procedures of psychology in the conduct of any of the following activities:
(1) Assessment of individual, family, or group behavioral, emotional, and/or intellectual functioning for the purpose of one or more of the following:
(a) diagnosing mental disorders;
(b) identifying psychological or neuropsychological aspects of other dysfunctions, diseases, or disabilities;
(c) evaluating mental or emotional status including intelligence and aptitude;
(d) identifying personality characteristics;
(e) identifying psychological factors influencing well-being;
(f) selecting, placing, or referring into treatments, programs, or settings;
(g) evaluating the effectiveness of treatments, programs, or settings;
(h) preventing mental disorders or maladaptive behavior related to other dysfunction, disease, or disability.
For purposes of this section, 'assessment' refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: observation, description, testing, appraisal, evaluation, screening, test interpretation, interviewing, diagnosis of mental disorders, neuropsychological testing, psychological testing or evaluation or psycho-educational testing or evaluation, or a combination of any of these for any of the purposes identified in this item.
(2) Engaging in a therapeutic relationship with an individual, family, or group for the purpose of one or more of the following:
(a) improving the quality of mental health or social adjustment, or both;
(b) reducing, preventing, modifying, or eliminating maladaptive or undesired behaviors, cognitions, emotions, or psychological or physical characteristics;
(c) treating diagnosed mental disorders, whether treatment is focused on behavioral manifestations of the disorder, the environmental context of the disorder, or underlying causal processes;
(d) improving individual performance;
(e) modifying cognitions, emotions, or behaviors, or a combination of these, in order to influence psychological well-being;
(f) psychological research; or
(g) any combination of subitems (a) through (f).
For purposes of this section, a 'therapeutic relationship', except as provided for in Section 40-55-90, refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: psychotherapy, psychoanalysis, therapy, family therapy, marital therapy, couples therapy, play therapy, counseling, rehabilitation, intervention, hypnotherapy, biofeedback, behavior therapy, behavior modification, psychological counseling, human potential psychology, vocational counseling, school counseling, growth psychology, alcohol or substance abuse counseling, or both, or remediation, or a combination of any of these for any of the purposes identified in this item.
(3) Engaging in a psychological consulting relationship with an individual organization, group or community, or a combination of these, for the purpose of:
(a) designing or delivering psychological programs or services, or both;
(b) evaluating psychological programs or services.
For purposes of this section a 'psychological consulting relationship' refers to, but is not limited to, one or more of the following practices insofar as they predominately involve the application of psychological principles, methods, or procedures: consulting, intervention, program evaluation, organizational psychology, environmental psychology, community psychology, and experimental psychology.
(B) A person not otherwise exempt from this chapter is engaged in the practice of psychology when performing any of the activities enumerated in subsection (A), regardless of whether or not payment is received for the services.
Specifically excluded from psychological practice within the meaning of this chapter shall be all of are the physical, chemical, and nonbehavioral aspects of Chapter 47 of Title 40. Nothing in this chapter shall prohibit or limit a licensed physician in the practice of his profession as provided by law.
(C) A person is deemed to be practicing as a psychologist within the meaning of this chapter if the person engages in any of the activities enumerated in subsection (A) electronically within this State including, but not limited to, by means of the internet, phone lines, and personal computer modems."
SECTION 4. Section 40-55-80 of the 1976 Code, as last amended by Act 391 of 1994, is further amended to read:
"Section 40-55-80. To be licensed as a psychologist a person shall make application to the Board of Examiners in Psychology upon forms and in such manner as prescribed by the board. A candidate for licensure shall furnish the board with:
(1) references of individuals having personal knowledge of the candidate's professional experience and competency and the board may not require more than three references unless there are mitigating circumstances; and
(2) satisfactory evidence that the candidate has obtained a doctoral degree in psychology from:
(a) an institution of higher education that is:
(i) regionally accredited by an accrediting body recognized by the United States Department of Education; or
(ii) authorized by provincial statute or royal charter to grant doctoral degrees; and
(b) a program accredited by the American Psychological Association or the Canadian Psychological Association or designated as a psychology program by the designation committee of the National Register of Health Service Providers in Psychology and the Association of State and Provincial Psychology Boards (ASPPB); or
(c) an institution of higher education that is:
(i) regionally accredited by an accrediting body recognized by the U. S. Department of Education; or
(ii) authorized by provincial statute or royal charter to grant doctoral degrees; and
(d) a program that includes at least three years of full-time graduate study not including predoctoral internship as specified in the ASPPB Agreement of Reciprocity and includes instruction in the scientific and professional subject areas specified by the ASPPB Agreement of Reciprocity. Competence must be demonstrated by appropriate course work in each content area as determined by the Board of Examiners in Psychology;
(3) satisfactory evidence that the candidate is competent in psychology as shown by passing written and oral examinations as required by the board;
(4) satisfactory evidence that the candidate has completed two years of supervised experience as approved by the board and specified in the ASPPB Agreement of Reciprocity;
(5) satisfactory evidence that the candidate has not engaged in unethical practices;
(6) satisfactory evidence that the candidate has not within the preceding six months failed an examination given by the board;
(7) a copy of a criminal history record if the applicant has been convicted or plead guilty or nolo contendere to any criminal offense excluding traffic violations; and
(8) documentation of any disciplinary action taken against the applicant while the applicant was participating in a psychology internship program or other psychology-related training program, or during previous psychology-related employment.
(a) has had four years of combined academic training in psychology and qualifying experience including a doctor's degree in psychology from an educational institution which is accredited by a recognized regional accrediting agency of colleges and universities and whose program is accredited by a recognized national accrediting agency or meets criteria established by the American Association of State Psychology Boards (AASPB) or, in lieu of a doctor's degree in psychology, a doctor's degree in a closely allied field if the board finds that the training obtained in that field was substantially equivalent to that obtained in programs leading to the doctor's degree in psychology;
(b) is competent in psychology as shown by passing the examination, written or oral, as the board considers necessary;
(c) has completed two years of supervised experience as approved by the board;
(d) is not engaged in unethical practices; and
(e) has not within the preceding six months failed an examination given by the board.
However, the board may, without an assembled examination, accept adequate evidence of qualifying degrees and experience and award a license to practice psychology."
SECTION 5. Section 40-55-90 of the 1976 Code is amended to read:
"Section 40-55-90. Nothing in (A) This chapter shall be construed: (a) To prevent qualified members of other professional groups, such as physicians, clergymen, lawyers, and social workers, from doing work of a psychological nature consistent with their training and with the codes of ethics of their respective professions; (b) as restricting the use of the term 'social psychologist' by any person (1) who has been graduated with a doctoral degree in sociology from an institution whose credits are accepted by the University of South Carolina and (2) who has passed comprehensive examinations in the field of social psychology as part of the requirement for the doctoral degree or has had equivalent specialized training in social psychology and (3) who has filed with the Board a statement of the facts demonstrating his compliance with conditions (1) and (2); (c) to exclude or prevent psychologists certified by the South Carolina Department of Education from performing services in connection with schools as authorized by such certification; (d) to exclude or prevent school counselors, reading specialists and other educators certified by the South Carolina Department of Education from performing services of a psychological nature consistent with their competency and certification, or college student personnel counselors in accredited colleges and universities from performing services consistent with their competency and occupational roles in such institutions; and (e) to exclude or prevent any person certified by the Department of Education from providing psychological services on a contractual basis with any public or private school or any federal or state agency as authorized by such certification does not require these persons to obtain a license pursuant to this chapter:
(1) a licensed member of another profession who is regulated by the Department of Labor, Licensing and Regulation and who is rendering services of a psychological nature, if the person:
(a) is acting within the scope of practice, as set out by the law regulating the practice;
(b) acts in a manner consistent with the code of ethics of the respective profession; and
(c) does not represent himself to be a psychologist or his services to be psychological;
(2) a member of the clergy of an organized religious society or denomination functioning in a ministerial capacity, if the person does not represent himself to be a psychologist or his services to be psychological;
(3) a matriculated intern or student, enrolled in a recognized training program engaging in activities defined as the practice of psychology if the intern or student does not represent himself by the title of 'psychologist'; however, the intern or student may refer to himself as 'psychology-trainee', 'psychology-intern', or 'psychology-resident', if performing activities under the supervision of a psychologist licensed in this State, in accordance with regulations promulgated by the board;
(4) an individual pursuing board approved postdoctoral training or experience in professional psychology who is performing appropriately supervised activities;
(5) a person certified as a school psychologist by the South Carolina Department of Education if the person's practice is restricted to regularly salaried employment within a setting under the purview of the South Carolina Department of Education and as specified by the terms of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(6) a person certified as a school psychologist by the South Carolina Department of Education who provides contract services of a psychological nature to public schools or private schools or any federal or state agency as authorized by the certification. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(7) a person certified as a school guidance counselor or social worker by the South Carolina Department of Education who provides counseling services or school social work services consistent with the person's certification and training and as specified by the terms of employment. Such practice is restricted to regularly salaried employment within a setting under the purview of the South Carolina Department of Education. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(8) a person employed by a private school as a guidance counselor or social worker who provides services consistent with the person's training. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(9) a government employee of this State or a federal government employee providing services of a psychological nature within the scope of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(10) a South Carolina Department of Alcohol and Other Drug Abuse Services employee who:
(a) holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or is a counselor in the process of obtaining such a credential who is currently under the supervision of a South Carolina Association of Alcohol and Drug Abuse Counselors' certified counselor;
(b) is employed in a position that is directly or indirectly funded through the South Carolina Department of Alcohol and Other Drug Abuse Services or its local contract providers; and
(c) provides services of a psychological nature within the scope of his or her employment but does not in any way describe himself or herself or his or her services by any title or description which states or implies that he or she holds a license as otherwise required by this chapter;
(11) a college student personnel counselor in an accredited college or university performing services consistent with the person's training and occupational role in the institution. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(12) an individual including, but not limited to, an educator, day care provider, hospital worker, member of a police or fire department, or other community worker providing, within the person's normal scope of employment, emotional support, guidance, nurturance, or crisis management intervention to persons in need;
(13) a person employed by any entity whose professional employment is funded through an agency of the State and who provides services of a psychological nature within the scope of employment if the person does not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter.
(B) Nothing in this chapter is intended to prevent an individual from providing, on a voluntary basis, emotional support, nurturance, or crisis management intervention to persons in need.
(C) This chapter is for the regulation of the practice of psychology only and does not prevent human resource professionals, business consultants, and other persons from providing advice and counseling in their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment."
SECTION 6. Section 40-55-170 of the 1976 Code, as last amended by Act 391 of 1994, is further amended to read:
"Section 40-55-170. (A) A person who practices or offers to practice psychology without being licensed as required by this chapter who violates a provision of this chapter is guilty of a misdemeanor felony and, upon conviction, must be fined not less than one hundred dollars nor more than one fifty thousand dollars or imprisoned not more than one year. Upon reasonable investigation, the board shall refer all complaints which involve possible criminal violations of this chapter to the solicitor in the county where the violation occurred. A resident of the county in which a violation has been found to occur occurred may initiate injunction procedures to prevent the violation from continuing.
(B) Pursuant to Section 40-1-210, the board may in its own name maintain a suit for an injunction against a person who violates a provision of this chapter. The suit must be commenced and prosecuted before an administrative law judge as provided under Article 5, Chapter 23, Title 1. An injunction may be issued without proof of actual damage sustained by a person. An injunction may be issued in addition to any other sanctions provided for in this chapter and the injunction does not relieve a person from criminal prosecution for violation of a provision in this chapter as provided for in subsection (A). The South Carolina Department of Labor, Licensing, and Regulation shall, if requested by the board, represent the board in connection with legal proceedings undertaken pursuant to this chapter."
SECTION 7. Chapter 75, Title 40 of the 1976 Code is amended by adding:
Section 40-75-310. The Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialist shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.
Section 40-75-320. (A) The practice of a licensed psycho-educational specialist is the utilization of a unique blend of training, incorporating skills and knowledge of psychology and education, to provide services addressing the educational, personal, and social needs of children and adolescents through assessment, intervention, consultation, counseling, information and referral, planning, training, and supervision in return for compensation. The practice of a licensed psycho-educational specialist includes:
(1) conducting psycho-educational assessments of individual needs using formal and informal psycho-educational measurement techniques including standardized measures of intelligence, aptitude, achievement, skills, development, personality traits, personal and social adjustment, interests, functional assessment, direct observation, interviews with parents, teachers, and other professionals, family histories, ecological data, criterion referenced measures, and curriculum-based assessment;
(2) interpreting assessment data and design and, when appropriate, providing interventions as indicated by the information;
(3) participating in instructional support and intervention teams;
(4) providing group and individual educational counseling for problems of learning, school adjustment, and academic performance;
(5) evaluating information and determining the need for referral to appropriate specialists and supportive services;
(6) providing consultation to clients, parents, teachers, school administrators, school systems, and professional colleagues;
(7) assisting in designing, planning, and developing instructional programs and curriculum;
(8) supervising the work of other licensed psycho-educational specialists.
(B) Whenever important aspects of a case fall outside the licensed psycho-educational specialist's competence, the specialist must obtain appropriate consultations and referrals. A licensed psycho-educational specialist must not attempt to diagnose, prescribe for, treat, or advise a client with reference to a complaint which is outside the scope of practice as provided for in this article.
(C) A licensed psycho-educational specialist employed by a school district may provide private sector services to students living within that district if the:
(1) parent, guardian, surrogate, or adult client is informed in writing, before services are provided, of the individual's eligibility for free services of the same kind from the school district;
(2) client is not a student assigned to any school to which the licensed psycho-educational specialist is assigned;
(3) parent, guardian, surrogate, or adult client is informed that the licensed psycho-educational specialist may not function as an independent evaluator;
(4) licensed psycho-educational specialist does not provide private sector services during hours of contracted employment with a school district;
(5) licensed psycho-educational specialist does not use his or her position within a school district to offer or promote private sector services;
(6) licensed psycho-educational specialist does not utilize tests, materials, or services belonging to the school district in providing private sector services.
(D) School districts employing licensed psycho-educational specialists on a contractual basis during the school year may require, upon contract renewal, notification of intent to perform psycho-educational services in the private sector.
(E) Persons whose practice is covered in this section shall use the title 'Licensed Psycho-Educational Specialist' in any advertisement, solicitation, or other written contract with members of the public. The term 'South Carolina Department of Education Certified in School Psychology', along with the certificate number, must be used only in conjunction with the title 'Licensed Psycho-Educational Specialist', and only on letterhead, on business cards, and as a signature line in reports written for South Carolina Department of Education schools or private schools.
Section 40-75-330. An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialists. An applicant must furnish the board with satisfactory evidence that the applicant:
(1) holds from a regionally accredited institution of higher education whose program is approved by the National Association of School Psychologists or the American Psychological Association or from a degree program which the board finds to be substantially equivalent based on criteria established by the board in regulation:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which must require sixty semester hours or ninety quarter hours;
(d) or a doctorate in school psychology;
(2) is certified by the South Carolina Department of Education as a school psychologist level II or III;
(3) has served successfully for at least two years as a certified school psychologist in a school psychology or comparable setting, at least one year of which must have been under the supervision of a Licensed Psycho-Educational Specialist;
(4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.
Section 40-75-340. The board shall promulgate regulations in accordance with Chapter 23, Title 1 (Administrative Procedures Act) establishing requirements for continuing education which must be met by a person licensed as a licensed psycho-educational specialist. An applicant for license renewal shall present evidence satisfactory to the board that continuing education requirements have been met.
Section 40-75-360. Upon application, accompanied by the required fee, the board may issue a license to a person who has furnished evidence satisfactory to the board of licensure in another state, a territorial possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico, if the requirements for licensure are equivalent to the requirements of this article, pursuant to the determination of the board.
Section 40-75-370. (A) A person licensed pursuant to this article may use the title 'Licensed Psycho-Educational Specialist' and the letters 'LPES' following his or her name.
(B) It is unlawful for a person who is not licensed in accordance with this article to use the title 'Licensed Psycho-Educational Specialist'.
(C) A licensee shall display his or her license in a prominent place at each place of practice.
Section 40-75-375. Notwithstanding the provisions of Chapter 55, additional credential lines must be used to indicate legitimate qualifications of the licensee whenever the work being done is for use by a school district or private school. Credential lines shall follow the typed or printed name of the licensee. For South Carolina Department of Education school psychologists, level II, the credential line shall read 'Licensed Psycho-Educational Specialist, Certified by South Carolina Department of Education in School Psychology, Certification No. ______'; For Department of Education school psychologists, level III, the credential line shall read 'Licensed School Psychologist, Certified by South Carolina Department of Education in School Psychology, Certification No. ____'; however, to use this credential line a level III school psychologist must be licensed by the South Carolina Board of Examiners in Psychology.
Section 40-75-380. The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to professional counselors, associate counselors, and marital and family therapists that are not inconsistent with this article also pertain to the licensure and regulation of licensed psycho-educational specialists.
Section 40-75-390. The board shall promulgate regulations necessary to carry out the provisions of this article including a code of ethics for licensed psycho-educational specialists using as resources the code of ethics of the National Association of School Psychologists and other relevant organizations.
Section 40-75-400. Nothing in this chapter may be construed to create a right in a psycho-educational specialist to:
(1) have paid to a licensed psycho-educational specialist a benefit under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this State;
(c) a plan of operation established by a health maintenance organization licensed in this State; or
(2) have a claim against a third party payer, however situated."
SECTION 8. Section 40-75-20 of the 1976 Code is amended to read:
"Section 40-75-20. There is created the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists, and Licensed Psycho-Educational Specialists (hereafter called the 'board'), composed of eight nine members. The Governor shall appoint the following members as follows:
(1) There must be six professional members, one from each of the congressional districts in the State district, three of whom are must be licensed professional counselors and three of whom are must be licensed marital and family therapists.;
(2) one licensed psycho-educational specialist;
(2)(3) There must be two members at large from the general public who are may not be associated with, or financially interested in, the practice of either professional counseling, associate counseling, or marital and family therapy, or school psychology.
The membership must be representative of racial and ethnic minorities and of women. The six professional members and the Licensed Psycho-Educational Specialist must have been actively engaged in the practice of their respective professions or, in the education and training of professional counselors, associate counselors, or marital and family therapists, or school psychologists, respectively, for at least five years prior to before appointment. The initial professional members must, respectively, be eligible for licensure at the time of their appointment and qualification as members. All subsequent professional members must be licensed prior to appointment. Terms of the members are for four years and until their successors are appointed and qualify. Incumbent Members may not hold dual licensure both as a licensed professional counselor and a licensed marital and family therapist. Members are eligible for reappointment but may not serve more than two consecutive terms, except as otherwise specifically provided in this section. Initial members from the first, third, and fifth congressional districts and one of the initial at-large members, as designated by the Governor, shall serve for terms of two years, and these four initial members may serve for up to ten consecutive years on the board. The members must qualify by taking an oath of office before a notary public or other official authorized to administer oaths in the State. Vacancies must be filled in the same manner as original appointment for the unexpired portion of the term. Each member shall receive for his board services per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of his the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to and for time actually spent in conducting examinations."
SECTION 9. An individual qualified on July 1, 1998, to practice as a licensed psycho-educational specialist in this State in accordance with Article 3, Chapter 75, Title 40 of the 1976 Code, as added by Section 7 of this act, must apply for licensure under this act before October 1, 1998. The board shall consider all applications within one year of receiving the applications. The applicant for licensure shall furnish the board with satisfactory evidence that the applicant:
(1) holds South Carolina Department of Education Level II or Level III School Psychology certification or is a Nationally Certified School Psychologist;
(2) has completed two years of experience as a certified school psychologist in a school psychology or comparable setting;
(3) has completed a program of study and field experiences from an accredited educational institution that are primarily psychological in nature, culminating in:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which requires sixty semester hours or ninety quarter hours; or
(d) a doctorate.
SECTION 10. (A) Sections 40-75-10 through 40-75-190 of the 1976 Code, are designated as Article 1, Chapter 75, Title 40, entitled 'Professional Counselors, Associate Counselors, and Marital and Family Therapists'.
(B) Chapter 75, Title 40 of the 1976 Code is renamed 'Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialists'.
SECTION 11. It is the intent of the General Assembly that the provisions of Article 3, Chapter 75, Title 40 of the 1976 Code, as added by this act, supersede the provisions of that article as they may be added by any other enactment in the 1998 Session of the General Assembly.
SECTION 12. This act takes effect July 1, 1998./
Rep. LAW explained the amendment.
Reps. COTTY, MOODY-LAWRENCE, J. BROWN, SCOTT, McMAHAND, LLOYD, INABINETT, CATO, COBB-HUNTER, LAW, LIMEHOUSE, GOURDINE, TRIPP, SHARPE, BECK, R. SMITH, J. HINES, CLYBURN and BREELAND requested debate on the Bill.
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.
Reps. YOUNG, HARRISON, WOODRUM, ROBINSON, COTTY, QUINN, LAW and McGEE requested debate on the Bill.
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), which was adopted.
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. ASKINS explained the amendment.
Reps. RODGERS and WHIPPER requested debate on the Bill.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5696HTC.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Items (1) and (3) of Section 6-7-110 of the 1976 Code are amended to read:
"1--Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg, and Union;
3--Chester, Lancaster, Union, and York;"/
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
Reps. MILLER and ASKINS proposed the following Amendment No. 3 (Doc Name P:\AMEND\JIC\5697HTC.98), which was adopted.
Amend the report, as and if amended, Section 6-7-130, as contained in SECTION 1, page 5003-1, line 37, by strikiing /must/ and inserting /may/ and on page 5003-2, by inserting before the period on line 2 /, but no member is required to serve pursuant to such selection./
Amend title to conform.
Rep. MILLER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. NEILSON moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
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.
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. R. SMITH explained the Bill.
Rep. R. SMITH continued speaking.
The Bill was rejected by a division vote of 31 to 31.
Rep. BOWERS moved to reconsider the vote whereby S. 1078 was rejected and the motion was noted.
Rep. RODGERS asked unanimous consent to recall H. 4956 from the Committee on Education and Public Works.
Rep. KNOTTS objected.
Rep. HOWARD asked unanimous consent to recall S. 249 from the Committee on Judiciary.
Rep. HARRISON objected.
Rep. LANFORD asked unanimous consent to recall H. 5062 from the Committee on Ways and Means.
Rep. SHEHEEN objected.
Rep. WHIPPER asked unanimous consent to recall S. 1188 from the Committee on Education and Public Works.
Rep. STUART objected.
Rep. COBB-HUNTER asked unanimous consent to recall S. 547 from the Committee on Ways and Means.
Rep. KELLEY objected.
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. STUART 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.
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. STUART explained the Senate amendment.
Rep. HOWARD demanded the yeas and nays on the motion to concur or non-concur, which were not ordered.
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 by a division vote of 54 to 12.
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 moved to adjourn debate upon the Senate amendments until Thursday, May 28, which was adopted.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM.
Rep. STUART explained the Senate amendment.
The Senate amendments were agreed to, and the Joint Resolution, 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 by a division vote of 51 to 34.
The Senate amendments to the following Bill were taken up for consideration.
H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: A BILL TO AMEND SECTION 12-21-2420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE ADMISSIONS LICENSE TAX, SO AS TO PROVIDE THAT THE MEASURE OF THIS TAX DOES NOT INCLUDE ANY TAX OR FEE IMPOSED BY A POLITICAL SUBDIVISION OF THE STATE THAT CONSTITUTES A PART OF THE CHARGE FOR ADMISSION.
Rep. KELLEY 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.
H. 3784 -- Reps. Haskins, Jordan, Neal, H. Brown, Allison, Altman, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Bowers, G. Brown, Byrd, Cato, Cave, Clyburn, Cobb-Hunter, Cooper, Davenport, Edge, Fleming, Hamilton, J. Hines, M. Hines, Hodges, Howard, Jennings, Kelley, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Maddox, McCraw, McKay, Meacham, Miller, Parks, Phillips, Pinckney, Quinn, Rice, Riser, Robinson, Sandifer, Scott, Sharpe, Simrill, F. Smith, R. Smith, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Woodrum, Young, Govan, Campsen and Harrell: A BILL TO AMEND CHAPTER 45, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING AND REGULATION OF PHYSICAL THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF PHYSICAL THERAPISTS INCLUDING, BUT NOT LIMITED TO, DELETING THE REQUIREMENT FOR TREATMENT BY PRESCRIPTION OF A PHYSICIAN OR DENTIST, CLARIFYING THE SCOPE OF PRACTICE, PROHIBITING, RECEIVING, OR IN ANY WAY PARTICIPATING IN REFUNDING FEES FOR PATIENT REFERRALS, REVISING REQUIREMENTS FOR LICENSEES NOT GRADUATING FROM AN APPROVED SCHOOL, ESTABLISHING PROVISIONAL LICENSES AND BIENNIAL LICENSURE, REQUIRING CONTINUING EDUCATION FOR RENEWAL, PROVIDING A CIVIL PENALTY, AND INCREASING CRIMINAL PENALTIES.
Rep. HASKINS proposed the following Amendment No. 1A (Doc Name P:\AMEND\PSD\7438AC.98), which was adopted.
Amend the bill, as and if amended, Section 40-45-10, page 3784-11, line 22, by deleting /with the advice and consent of the Senate./.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
Rep. STUART explained the Senate amendment.
Rep. LIMEHOUSE spoke in favor of the Senate amendment.
Rep. STUART spoke in favor of the Senate amendment.
Rep. TRIPP inquired that if the House were to nonconcur on the Bill then it would have the same effect as putting the same exemption back into the Bill.
SPEAKER WILKINS stated that if the House nonconcurred, the Bill would then go to a Conference Committee and the House's version of the Bill would be different from the Senate's version and therefore the Bill would have to be negotiated in a Conference Committee.
Rep. STUART continued speaking.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly, by a division vote of 5 to 70.
The SPEAKER granted Rep. WILKES a leave of absence for the remainder of the day.
The Senate amendments to the following Bill were taken up for consideration.
H. 4439 -- Rep. Cooper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-14-410 SO AS TO REGULATE WHEN A CLAIMANT MAY COMMENCE A SUIT OR OTHER PROCEEDING AGAINST A FORMER SHAREHOLDER OF A DISSOLVED CORPORATION FOR CERTAIN CLAIMS AND TO REGULATE WHEN A CLAIMANT MAY SATISFY A JUDGMENT RENDERED AGAINST A DISSOLVED CORPORATION BY PROCEEDING AGAINST OR JOINING AN INDIVIDUAL SHAREHOLDER, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL APPLY RETROACTIVELY.
Rep. KLAUBER 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, by a division vote of 79 to 12.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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 following was received.
Columbia, S.C., May 27, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3764. The Report of the Committee of Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:
H. 3764 -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following Concurrent Resolution was taken up.
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.
Whereas, the YMCA Youth in Government high school program of South Carolina is designed to provide first-hand experience in the state legislature and governmental matters for high school students; and
Whereas, students participating in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the YMCA's Youth in Government high school program is to encourage the state's high school students to develop enthusiasm and appreciation for governmental and community matters.
Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the YMCA Youth in Government high school program is authorized to use the facilities of the Blatt and Gressette office buildings, as designated by the respective clerks of the House and Senate, on Thursday, December 3, 1998, and Friday, December 4, 1998, from 8:00 A.M. until 5:00 P.M. on both days, to conduct a Youth in Government high school program.
Be it further resolved that the clerks of the House and Senate shall provide such assistance and access as appropriate for this meeting in accordance with applicable procedures and rules.
Be it further resolved that a copy of this resolution be forwarded to Mary Capers Bledsoe, Executive Director of the YMCA Youth in Government.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
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.
Rep. QUINN explained the Concurrent Resolution and moved to adjourn debate upon the Concurrent Resolution until Thursday, May 28, which was adopted.
The motion period was dispensed with on motion of Rep. SHARPE.
The SPEAKER granted Rep. NEILSON a leave of absence.
Rep. SHARPE moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Beck Bowers Breeland Brown, G. Brown, H. Brown, J. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Fleming Gamble Gourdine Hamilton Harrell Harris Harrison Haskins Hawkins Hines, J. Hinson Inabinett Jennings Keegan Kelley Kennedy Kinon Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Martin McCraw McGee McKay McLeod McMaster Meacham Miller Moody-Lawrence Pinckney Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stoddard Stuart Trotter Vaughn Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, T. Canty Loftis Stille Tripp
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. RHOAD, SHARPE and WITHERSPOON to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-21-136. (A) There are established no wake zones on the following creeks and coves on Hilton Head Island in Beaufort County:
Broad Creek, to begin at the end of the existing no wake zone at Palmetto Bay Marina, running upstream in an easterly direction to the Cross Island Parkway Bridge, including all waters to the high tide line; to begin 50 feet downstream of the Broad Creek Marina, running in a northwest to southeast direction to the low tide lines that bound its channel, to 50 feet upstream of Nautical Day Marker Number 10, running in a southwest to northeast direction to 550 feet west of a dock located at 63 River Club Drive (Lot 3) to the low tide lines that bound its channel; to begin 50 feet downstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel, to 50 feet upstream of the Long Cove docks, running in a north to south direction to the low tide lines that bound its channel; and to begin at Nautical Day Marker Number 19, running upstream in a northeasterly direction to the headwaters of Broad Creek, including all waters to the high tide line.
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Cove);
Folly Creek;
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek;
Jenkins Creek;
Skull Creek between Nautical Day Marker Number 13 and Nautical Day Marker Number 14.
There is also established a no wake zone between one hundred yards north of Nautical Day Marker Number 40 and Nautical Day Marker Number 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed and installed as specified by the department.
(B) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both, for a first offense or a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both, for a second or subsequent offense."
SECTION 2. Section 50-17-1010 of the 1976 Code, as last amended by Act 348 of 1992, is further amended by adding:
"(5) All that area bounded by a closed line beginning at the point on the southwestern end of Seabrook Island where the inshore trawl boundary crossing North Edisto River Inlet intersects the shoreline, thence following the shoreline of Seabrook Island and crossing Captain Sams Inlet; thence following the shoreline of Kiawah Island to the easternmost point of Kiawah Island (Sandy Point) at latitude 32° 37.18' N, longitude 079° 59.65' W; thence southerly following a straight line on a geodetic azimuth of 180 degrees, to the point one-fourth nautical mile seaward from the shoreline; thence southwesterly following a line that is one-fourth nautical mile seaward of the shoreline to the point at the intersection of said line and the inshore trawl boundary, thence easterly following the inshore trawl boundary to the point of beginning; the above-described area being based on NOS chart 11521 (22nd edition, January 20, 1996)."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-136 SO AS TO ESTABLISH NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND AND ON THE NEW RIVER IN BEAUFORT COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-17-1010, AS AMENDED, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES./
/s/Senator John C. Land, III /s/Rep. Charles R. Sharpe /s/Senator Holly A. Cork /s/Rep. Thomas N. Rhoad Senator McKinley Washington, Jr. /s/Rep. William D. Witherspoon On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following Bill was taken up.
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. KIRSH spoke against the Bill.
Rep. CATO spoke in favor of the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Battle Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cotty Cromer Davenport Edge Emory Felder Gamble Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hines, J. Hines, M. Jennings Kennedy Kinon Klauber Knotts Lanford Leach Lee Limehouse Littlejohn Lloyd Maddox Martin McAbee McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Mullen Neal Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, J. Smith, R. Stille Stuart Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Young
Those who voted in the negative are:
Barrett Bauer Beck Bowers Campsen Cooper Dantzler Delleney Easterday Fleming Hinson Inabinett Keegan Kelley Kirsh Koon Loftis McCraw Miller Sheheen Spearman Witherspoon Woodrum
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4977 -- Rep. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE OF A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22129CM.98), which was adopted.
Amend the bill, as and if amended, Section 56-5-6240(C)(2), as contained in SECTION 1, by striking Section 56-5-6240(C)(2) in its entirety and inserting:
/(2) if the identity or address of the last registered owner cannot be determined, or if it is impossible to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in the area where the motor vehicle was forfeited is sufficient to meet all requirements of notice pursuant to this subsection. The notice by publication may contain multiple listings of abandoned vehicles. This notice must be within the time requirements prescribed for notice by registered mail or certified mail and must have the same contents required for notice by registered mail;/
Amend title to conform.
Rep. ALTMAN explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barrett Battle Bauer Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Gamble Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Maddox Martin McAbee McCraw McGee McLeod McMahand McMaster Meacham Miller Moody-Lawrence Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder 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. HARRISON moved to adjourn debate upon the following Bill until Thursday, May 28, which was adopted.
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.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9847MM.98).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-45-90 of the 1976 Code is amended to read:
"Section 12-45-90. Taxes shall be are payable in the following kinds of funds and no other: silver coin, United States currency, United States postal money orders, and checks subject to collection, and credit cards if the county governing body approves payment by credit card. The county governing body authorizing acceptance of credit card payments must impose a surcharge upon the payer by credit card equal to or less than the amount of a discount or administrative fee charged to or incurred by the local government. When a person voluntarily elects to make a payment to a local government by credit card and a surcharge is imposed, payment of any surcharge by the payer is mandatory and nonrefundable under all circumstances. Jury certificates and per diem of witnesses in the circuit court and all county claims which have been approved and certificates issued by the governing body of the county shall be are receivable for taxes due the county in which such the services were rendered or such the claims approved, not including school taxes."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. GAMBLE explained the amendment.
Rep. CATO moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of Amendment No. 1, Rep. GAMBLE having the floor.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 862 -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, AND 17-13-110.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 78 -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE PARTNERSHIP; AND BY ADDING SECTION 39-5-37, SO AS TO DESIGNATE THE USE OF AN ASSUMED OR FICTITIOUS NAME TO INTENTIONALLY MISREPRESENT THE GEOGRAPHIC ORIGIN OR LOCATION OF ANY PERSON OR BUSINESS ENTITY AS AN UNLAWFUL TRADE PRACTICE.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 1128 -- Senators Holland, J. Verne Smith, McGill and Elliott: A BILL TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO FURTHER PROVIDE FOR THE LICENSING AND REGULATION OF PROFESSIONAL COUNSELORS AND MARRIAGE THERAPISTS AND INTERNS AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF ALCOHOL AND DRUG ABUSE COUNSELORS.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1223 -- Senators Holland, McGill, and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS IN HONOR OF THE CAMDEN MILITARY ACADEMY ALONGSIDE THE EAST AND WEST BOUND LANES OF INTERSTATE HIGHWAY TWENTY NEAR HIGHWAY 521 IN KERSHAW COUNTY.
On motion of Rep. SHEHEEN, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
S. 1223 -- Senators Holland, McGill, and O'Dell: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO ERECT SIGNS IN HONOR OF THE CAMDEN MILITARY ACADEMY ALONGSIDE THE EAST AND WEST BOUND LANES OF INTERSTATE HIGHWAY TWENTY NEAR HIGHWAY 521 IN KERSHAW COUNTY.
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina Department of Transportation be requested to erect signs in honor of the Camden Military Academy alongside the eastbound and westbound lanes of Interstate Highway Twenty near Highway 521 in Kershaw County. The text, location, type, and placement of the signs must be approved by letter of the Kershaw County Delegation.
Upon receipt of the appropriate letter of communication from the Kershaw County Delegation, the Department of Transportation will erect these signs no later than one hundred twenty days after receipt of the letter.
Be it further resolved that a copy of this resolution be forwarded to the Department of Transportation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
On motion of Rep. RISER, with unanimous consent, the following was taken up for immediate consideration:
H. 5194 -- Reps. Riser, Gamble, Knotts, Bauer, Koon, Spearman and Stuart: A HOUSE RESOLUTION TO CONGRATULATE THE BROOKLAND-CAYCE HIGH SCHOOL "LADY BEARCAT" SOFTBALL TEAM OF LEXINGTON COUNTY AND ITS COACHES ON WINNING THE 1998 CLASS AAA STATE SOFTBALL CHAMPIONSHIP AND TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE BROOKLAND-CAYCE HIGH SCHOOL "LADY BEARCAT" SOFTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, JUNE 3, 1998, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1998 CLASS AAA STATE SOFTBALL CHAMPIONSHIP.
Whereas, the Brookland-Cayce High School "Lady Bearcat" Softball Team of Lexington County defeated Ridge View to win the 1998 Class AAA Softball Championship; and
Whereas, by defeating Ridge View, the Lady Bearcats captured a remarkable fifth state softball title in the school's history; and
Whereas, this accomplishment would not have been possible without a tough top-to-bottom lineup and overpowering pitching and the inspiration and determination instilled in these young ladies by their Head Coach Richard Lundy; and
Whereas, winning the 1998 Class AAA Softball Championship is a genuine source of pride to the citizens and residents of Lexington County and the State of South Carolina. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives hereby extend their congratulations to the Brookland-Cayce High School "Lady Bearcat" Softball Team, Head Coach Richard Lundy, and his staff on winning the 1998 Class AAA State Softball Championship.
Be it further resolved that the privilege of the floor of the House of Representatives is extended to the Brookland-Cayce "Lady Bearcat" Softball Team, its coaches, and other school officials on Wednesday, June 3, 1998, at a time to be determined by the Speaker for the purpose of being recognized and congratulated on winning the 1998 Class AAA State Softball Championship.
Be it further resolved that a copy of this resolution be forwarded to Brookland-Cayce High School in Cayce, South Carolina .
The Resolution was adopted.
The following was introduced:
H. 5195 -- Reps. Govan, Whipper, G. Brown, McLeod, Pinckney, Byrd, Lee, Howard, Lloyd, Moody-Lawrence, Cave, Bailey, Breeland, T. Brown, Kennedy, Scott, Stille, Clyburn, Mack, Emory, Inabinett, McMahand, Gourdine, Cobb-Hunter, J. Hines, Neilson, Askins, McGee, Carnell, Canty, Stoddard, M. Hines, A. Harris, Rhoad, Stuart, Klauber, Spearman, Bowers, Miller, Maddox, Limehouse, Young, J. Brown and Martin: A HOUSE RESOLUTION ESTABLISHING A TASK FORCE TO STUDY EARLY CHILDHOOD DEVELOPMENT AND ITS IMPACT ON SCHOOL READINESS AND SCHOOL SUCCESS AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES.
The Resolution was ordered referred to the Committee on Education and Public Works.
On motion of Rep. RISER, with unanimous consent, the following was taken up for immediate consideration:
H. 5196 -- Reps. Riser, Gamble, Knotts, Koon, Spearman, Stuart and Bauer: A HOUSE RESOLUTION CONGRATULATING THE BROOKLAND-CAYCE HIGH SCHOOL BEARCATS AND COACH CHARLIE ASSEY ON THEIR CLASS AAA STATE BASEBALL TITLE, TAKING THE BEST OF THREE SERIES WITH A 10-4 VICTORY SATURDAY, MAY 23, 1998, OVER THE GEORGETOWN BULLDOGS, AND EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO COACH ASSEY, THE BEARCAT BASEBALL TEAM, AND OTHER SCHOOL REPRESENTATIVES ON WEDNESDAY, JUNE 3, 1998, AT TWELVE O'CLOCK NOON FOR THE PURPOSE OF RECEIVING THE RECOGNITION OF THE MEMBERS.
Whereas, the Brookland-Cayce baseball Bearcats capped their 29-4 season with a 10-4 win over the Georgetown Bulldogs in the best of three series for the Class AAA state championship; and
Whereas, the state crown was the first for Coach Charlie Assey's team in his ten years at the helm of the Brookland-Cayce baseball program; and
Whereas, Coach Assey had three independent school state baseball titles under his belt before taking over at Brookland-Cayce; and
Whereas, this championship and a 349th career win was won against Assey's friend and former coach Mike Johnson, who has earned more than five hundred victories himself; and
Whereas, the Brookland-Cayce Bearcats finished the season with a number one ranking in the State and a collegiate baseball ranking of fourteenth in the nation; and
Whereas, the members of the stellar baseball team are: Matt Riddle, Mark Dudley, Jerad Dunlap, Patrick Chambers, Reese Bessinger, Charles Assey, Russell Triplett, Ashley Farr, Wade Roof, Jeff Gee, Joe Butler, David Kesser, Jamie Oswald, Alex Golden, Jamie Griffin, Jesse McGill, Wesley Cooper, Derek Wilson, and Michael Snelgrove, head coach Charlie Assey, and assistant coaches Stuart Lake and Paul Free, and managers Gerald Caulder and Scott Ray. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives congratulate the Brookland-Cayce High School Bearcats and Coach Charlie Assey on their Class AAA state baseball title, taking the best of three series with a 10-4 victory Saturday, May 23, 1998, over the Georgetown Bulldogs.
Be it further resolved that the privilege of the floor of the House of Representatives is extended to Coach Assey, the Bearcat baseball team, and other school representatives on Wednesday, June 3, 1998, at twelve o'clock noon for the purpose of receiving the recognition of the members.
Be it further resolved that a copy of this resolution be presented to Coach Charlie Assey on behalf of the team.
The Resolution was adopted.
The following was introduced:
H. 5197 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING MR. DAVID "HAPPY DADDY" MCCLOUD OF "HAPPY DADDY" TOWING SERVICE OF RICHLAND COUNTY FOR MORE THAN TWENTY-FIVE YEARS OF OUTSTANDING SERVICE TO CHILDREN.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5198 -- Reps. Spearman, Haskins, Cave and Govan: A CONCURRENT RESOLUTION TO ESTABLISH A STUDY COMMITTEE TO REVIEW THE PROBLEMS ASSOCIATED WITH PROVIDING STATE GOVERNMENTAL SERVICES TO SPANISH-SPEAKING SOUTH CAROLINA RESIDENTS AND MAKE RECOMMENDATIONS ON THE MEANS OF MAKING STATE GOVERNMENT SERVICES AVAILABLE TO SUCH RESIDENTS, TO PROVIDE FOR THE COMMITTEE'S MEMBERSHIP, AND TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN JANUARY 20, 1999.
The Concurrent Resolution was ordered referred to the Committee on Education and Public Works.
The following was introduced:
H. 5199 -- Rep. Govan: A CONCURRENT RESOLUTION RECOGNIZING ST. PAUL'S UNITED METHODIST CHURCH OF ORANGEBURG ON THE OCCASION OF THE CENTENNIAL OBSERVANCE OF THE BUILDING OF ITS PRESENT SANCTUARY, A LANDMARK FIXTURE ON THE SQUARE IN DOWNTOWN ORANGEBURG.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1254 -- Senator Setzler: A CONCURRENT RESOLUTION TO RECOGNIZE AND THANK WILLIAM E. UNTHANK FOR HIS MYRIAD CONTRIBUTIONS TO THE CITY AND CITIZENS OF WEST COLUMBIA AND TO WISH HIM WELL ON THE OCCASION OF HIS RETIREMENT AS CITY ADMINISTRATOR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1256 -- Senators Giese and Hutto: A CONCURRENT RESOLUTION TO REQUEST THE COMMISSIONER 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 STROKES AND HEALTH COMPLICATIONS IN CHILDREN, TO MAKE RECOMMENDATIONS FOR IMPROVEMENT IN AWARENESS OF THE PROBLEM OF OBESITY AND SUGGESTED TREATMENT MODALITIES, AND TO REPORT THE FINDINGS OF THIS STUDY AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE THE CONVENING OF THE 1999 REGULAR SESSION.
The Concurrent Resolution was ordered referred to the Committee on Medical, Military, Public and Municipal Affairs.
The Senate sent to the House the following:
S. 1263 -- Senators McGill and Grooms: A CONCURRENT RESOLUTION RECOGNIZING JOSEPH H. JEFFERSON, JR., FOR HIS SERVICE AS A MEMBER OF THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION COMMISSION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5200 -- Reps. Witherspoon, Barfield and Keegan: A BILL TO AMEND ACT 612 OF 1980, RELATING TO THE COMPENSATION OF MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE ANNUAL COMPENSATION OF MEMBERS OF THE BOARD AND PROVIDE WHEN THE INCREASE IS EFFECTIVE.
On motion of Rep. WITHERSPOON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5201 -- Rep. G. Brown: A BILL TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.
On motion of Rep. G. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1241 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO DEFINITIONS; REGISTRATION REQUIRED; CLASSIFICATIONS REQUIRING REGISTRATION; MAXIMUM TIME FOR REGISTRATION; APPLICATION REQUIRED; QUALIFICATIONS FOR CERTIFICATION; EXEMPTIONS; REGISTRATION RENEWAL; FEES; CONTINUING EDUCATION; POWERS OF COUNCIL; CONFLICT OF INTEREST; DENIAL, SUSPENSION, AND REVOCATION; PREFERRING OF CHARGES AND HEARING; APPEAL FROM ACTION OF COUNCIL; REGISTRATION REINSTATEMENT AND REPLACEMENT; PENALTIES; INJUNCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2282, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1242 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BUILDING CODES COUNCIL, RELATING TO PURPOSE; DEFINITIONS; POWERS, DUTIES, AND RESPONSIBILITIES OF COUNCIL; DUTIES AND RESPONSIBILITIES OF DEPARTMENT; COUNCIL OFFICERS; COUNCIL MEETINGS; BUILDING CODES; ENERGY STANDARDS; INJUNCTIVE RELIEF; PENALTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2283, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1243 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MASSAGE/BODYWORK THERAPY, RELATING TO SCHOOLS, RECIPROCITY; LICENSES, SEXUAL ACTIVITY PROHIBITED; CONTINUING EDUCATION; CHANGE OF ADDRESS OR NAME; COMMUNICABLE DISEASE CONTROL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2284, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1244 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO RE-EXAMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2274, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
S. 1248 -- Senator Elliott: A BILL TO AMEND ACT 742 OF 1946, AS LAST AMENDED BY ACT 177 OF 1997, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE LORIS COMMUNITY HOSPITAL COMMISSION MUST BE APPOINTED.
Referred to Horry Delegation.
Rep. McKAY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
H. 3605 -- Reps. Sharpe and Harrison: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDIA OF PAYMENT OF TAXES COLLECTED BY COUNTY TREASURERS, SO AS TO PROVIDE FOR THE COLLECTION OF CHECKS TENDERED IN PAYMENT OF COUNTY AND MUNICIPAL TAXES THAT ARE DISHONORED BY THE DRAWEE BANK OR FINANCIAL INSTITUTION OR OTHERWISE RETURNED TO THE TREASURER UNPAID, TO PROVIDE THAT PAYMENT OF CHECKS TENDERED AS PAYMENT FOR COUNTY OR MUNICIPAL TAXES THAT ARE DISHONORED OR RETURNED UNPAID BY THE DRAWEE BANK OR FINANCIAL INSTITUTION MAY BE ENFORCED IN THE MANNER PRESCRIBED BY CHAPTER 11, TITLE 34, SO LONG AS NO PERSON SHALL BE TWICE PUT IN JEOPARDY FOR THE SAME OFFENSE, TO PROVIDE THAT COUNTY OR MUNICIPAL TAXES REMAINING UNPAID AS A RESULT OF THE DISHONOR OR RETURN OF A CHECK BY THE DRAWEE BANK REMAIN A LIEN ON PROPERTY SUBJECT TO THE TAX UNTIL THE TAXES AND ALL PENALTIES, INTEREST AND OTHER CHARGES DUE THEREON ARE PAID IN FULL, AND TO PROVIDE THAT THE REMEDIES PROVIDED BY THIS SECTION ARE CUMULATIVE TO ALL OTHER REMEDIES PROVIDED BY LAW FOR THE COLLECTION OF TAXES.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Barrett Battle Bauer Beck Boan Bowers Brown, H. Brown, J. Brown, T. Byrd Campsen Carnell Cato Chellis Cotty Cromer Dantzler Davenport Delleney Edge Emory Fleming Gamble Hamilton Harrell Harris Harrison Haskins Hawkins Hines, J. Hines, M. Jennings Keegan Kinon Klauber Knotts Koon Lanford Leach Lee Limehouse Martin McAbee McCraw McGee McKay McLeod McMaster Meacham Miller Pinckney Quinn Rhoad Rice Riser Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Spearman Stoddard Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Brown, G. Canty Cave Gourdine Govan Inabinett Kennedy Kirsh Lloyd McMahand Moody-Lawrence Neal Scott Tripp
So, Free Conference Powers were rejected.
The motion of Rep. BOWERS to reconsider the vote whereby the following Bill was rejected 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. KIRSH moved to table the motion.
Rep. CROMER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, T. Carnell Davenport Delleney Hamilton Kennedy Kirsh Klauber McCraw Moody-Lawrence Sheheen Simrill Stille Trotter
Those who voted in the negative are:
Bailey Barrett Bauer Beck Bowers Breeland Brown, G. Brown, H. Byrd Campsen Canty Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Edge Emory Fleming Gamble Gourdine Govan Harrell Harris Harrison Haskins Hines, J. Hines, M. Hinson Inabinett Keegan Kelley Kinon Koon Lanford Law Leach Lee Limehouse Lloyd Loftis Maddox Martin McAbee McGee McKay McLeod McMahand McMaster Mullen Neal Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Smith, R. Spearman Stuart Townsend Vaughn Webb Whatley Whipper Wilder Wilkins Woodrum Young Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
The Bill was read the second time and ordered to third reading.
Rep. CROMER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 5180 -- Rep. Riser: A CONCURRENT RESOLUTION TO COMMEND REVEREND WILLIAM F. MILHOLLAND, JR., FOR HIS OUTSTANDING SERVICE AS PASTOR OF ZION LUTHERAN CHURCH IN LEXINGTON, AND TO WISH HIM THE BEST AS HE ASSUMES NEW PASTORAL RESPONSIBILITIES IN NORTH CAROLINA.
H. 5182 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING THE HONORABLE JOHN L. SCOTT, JR., ON HIS MANY ACCOMPLISHMENTS DURING HIS TENURE AS CHAIRMAN OF THE SOUTH CAROLINA LEGISLATIVE BLACK CAUCUS.
H. 5186 -- Reps. Jennings and A. Harris: A CONCURRENT RESOLUTION CONGRATULATING THEE CHRISTMAS FESTIVAL OF BENNETTSVILLE, AND ITS FOUNDER, SPONSORS, PROMOTERS, AND VOLUNTEERS FOR WINNING THE 1998 AWARD FOR MOST OUTSTANDING FESTIVAL IN A COMMUNITY OF 5,000 TO 15,000 PERSONS, AND WISHING THE FESTIVAL CONTINUED SUCCESS.
H. 5187 -- Reps. Vaughn and Haskins: A CONCURRENT RESOLUTION CONGRATULATING BRENDA HART OF GREENVILLE COUNTY ON BEING CHOSEN "OUTSTANDING YOUNG AGRICULTURAL EDUCATION TEACHER IN SOUTH CAROLINA" FOR 1997.
H. 5188 -- Rep. Battle: A CONCURRENT RESOLUTION CONGRATULATING DR. JAMES A. BLAKE, SR., OF MARION COUNTY ON RECEIVING THE "LIFETIME ACHIEVEMENT AWARD" FROM THE MARION COUNTY DIVISION OF THE AMERICAN HEART ASSOCIATION.
H. 4985 -- Reps. Hamilton, Easterday, Leach, Loftis, Haskins, Tripp, Cato, Sharpe and Vaughn: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE REPRESENTATIVE OF THE UNITED STATES TO THE UNITED NATIONS, AND THE CONGRESS TO OPPOSE THE BIOSPHERE RESERVES DESIGNATION OF THE MAN AND THE BIOSPHERE PROGRAM AND TO URGE THAT THE PROPOSED BIODIVERSITY TREATY NOT BE RATIFIED BY THE UNITED STATES.
H. 5197 -- Reps. J. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING MR. DAVID "HAPPY DADDY" MCCLOUD OF "HAPPY DADDY" TOWING SERVICE OF RICHLAND COUNTY FOR MORE THAN TWENTY-FIVE YEARS OF OUTSTANDING SERVICE TO CHILDREN.
H. 5199 -- Rep. Govan: A CONCURRENT RESOLUTION RECOGNIZING ST. PAUL'S UNITED METHODIST CHURCH OF ORANGEBURG ON THE OCCASION OF THE CENTENNIAL OBSERVANCE OF THE BUILDING OF ITS PRESENT SANCTUARY, A LANDMARK FIXTURE ON THE SQUARE IN DOWNTOWN ORANGEBURG.
At 1:05 P.M. the House in accordance with the motion of Rep. LITTLEJOHN adjourned in memory of Corey Jamelle Pitts of Pacolet, to meet at 10:00 A.M. tomorrow.
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