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:
God of our fathers and our God today, You kept Abraham and Sarah during the days of their pilgrimage; You led the children of Israel through the wilderness to the Promised Land; and by a star You led the Wise Men to Bethlehem, equally so guide us and protect us as we travel: make our ways safe and our homecomings joyful. As You have been graciously near to us in our daily sessions since January 13, be with us as well as we go our different ways and as distances separate us.
Inspire us to the greatest and the best. 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. SHARPE moved that when the House adjourns, it adjourn in memory of former Senator Gilbert E. McMillan of Aiken, which was agreed to.
The following were received and referred to the appropriate committees for consideration.
Document No. 2312
Promulgated By Department of Labor, License and Regulation-
Commissioners of Pilotage
Statutory Authority: 1976 Code Section 54-15-140
Port of Port Royal-Short Branch Qualification
Received By Speaker June 3, 1998
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date October 1, 1998
(Subject to Sine Die Revision)
Document No. 2248
Promulgated By Department of Revenue
Statutory Authority: 1976 Code Section 12-4-320
Primary and Substantial Portion (Video Game Machines)
Received By Speaker June 4, 1998
Referred to House Committee on Ways and Means
120 Day Review Expiration Date October 2, 1998
(Subject to Sine Die Revision)
The Senate sent to the House the following:
S. 1287 -- Senator Peeler: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. J. GRADY RANDOLPH OF GAFFNEY, PRESIDENT OF J. GRADY RANDOLPH, INC., ON HIS BEING SELECTED BY THE SOUTH CAROLINA TRUCKING ASSOCIATION AS THE 1998 MOTOR CARRIER EXECUTIVE OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Beck Breeland Brown, J. Brown, T. Campsen Carnell Cato Cave Chellis Cooper Dantzler Edge Emory Fleming Gamble Gourdine Hamilton Harrell Harrison Haskins Hines, J. Hinson Howard Inabinett Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand Meacham Miller Neilson Rice Rodgers Sandifer Scott Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, R. Spearman Stuart Townsend Tripp Trotter Vaughn Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum
I came in after the roll call and was present for the Session on Thursday, June 4.
Eugene C. Stoddard Gilda Cobb-Hunter Clementa C. Pinckney Michael E. Easterday Alfred B. Robinson, Jr. W. Jeffrey Young James N. Law Jackson S. Whipper Mack T. Hines Bill Cotty John David Hawkins C. Alex Harvin III F.G. Delleney, Jr. Bradley L. Jordan John G. Felder John W. Riser James L.M. Cromer, Jr. William K. Bowers G. Ralph Davenport, Jr. William Clyburn Joe McMaster James Emerson Smith, Jr. C. Anthony Harris, Jr. Douglas Jennings, Jr. Thomas N. Rhoad Joseph H. Neal Bessie Moody-Lawrence Jerry N. Govan, Jr. Harry C. Stille Lynn Seithel Annette Young-Brickell Henry E. Brown, Jr. William D. Boan Alma W. Byrd Grady A. Brown Victoria T. Mullen Ralph W. Canty Richard M. Quinn, Jr. J. Michael Baxley Larry L. Koon
LEAVE OF ABSENCE
The SPEAKER granted Rep. WALKER a leave of absence for the day due to a death in the family.
Rep. PINCKNEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, June 3.
May 27, 1998
The Honorable Robert L. Peeler
President of the Senate
Post Office Box 142
Columbia, S.C. 29202
Dear Mr. President and Members of the Senate:
I am hereby returning without my signature S. 12, R. 340, an Act:
TO CHANGE THE METHOD OF NOMINATION OF A CANDIDATE ELECTED TO THE GOVERNING BODY OF A PUBLIC SERVICE DISTRICT IN CHARLESTON COUNTY FROM A PETITION TO A STATEMENT OF CANDIDACY.
This veto is based upon my belief that S. 12, R. 340, 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 S. 12, R. 340 of 1998.
Sincerely,
David M. Beasley
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Breeland Campsen Chellis Harrell Inabinett Limehouse
Those who voted in the negative are:
Dantzler Whatley
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 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.
S. 1271 -- Senators Giese and Patterson: A BILL TO GRANT A WAIVER TO RICHLAND SCHOOL DISTRICT ONE IN RICHLAND COUNTY WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE ELEMENTARY SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
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.
The following Bill was taken up.
S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.
Reps. HARVIN and YOUNG, with unanimous consent, proposed the following Amendment No. 1 (Doc Name l:\S-RES\LEGIS\AMEND\1266R007.KAD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting the following:
/SECTION 1. Notwithstanding any other provision of law, all functions, powers, and duties provided by law to the Board of Trustees for the Vocational Education School for Clarendon County are hereby transferred to the Clarendon County governing body together with all records, property, personnel, and unexpended appropriations. The Board of Trustees for the Vocational Education School for Clarendon County is hereby abolished and governance over the school must be assumed by the county governing body.
Title to all property of the school must be transferred from the board of trustees of the school and from Clarendon County School Districts 1, 2, and 3, if applicable, to the county governing body.
SECTION 2. (A) There is hereby created the Advisory Board for the Vocational Education School for Clarendon County. The board consist of:
(1) one member appointed by the county governing body; and
(2) two members each from the school boards of Clarendon County School Districts No. 1, 2 and 3, to be designated by the respective boards.
(B) The length of the terms of the initial members shall be determined by lot. Upon the expiration of their initial terms, their successors shall be selected for three-year terms, such terms to be co-terminus with their terms on the board which selects them. All members shall serve until their successors are selected. The secretary of each board shall certify to the county board of education the names of the persons selected, and a record shall be kept in that office of such selections.
(C) The county governing body must appoint a chairman from among the members, to serve a two year term. No person shall serve more than two consecutive terms as chairman.
(D) The board when selected shall meet upon the call of a majority of the members. The board may elect a vice chairman and such other officers as it deems necessary. The board shall meet regularly once a month, or more often, at the call of the chairman.
(E) The advisory board shall perform such duties with regard to the school as determined by the county governing body.
SECTION 3. (A) The county governing body may:
(1) enter into reasonable agreements to transfer the management and operations of the school to Central Carolina Technical College or another institution of higher learning;
(2) sell, lease or transfer certain school land, together with all easements, rights, privileges, and appurtenances appertaining thereto, and all of the buildings, structures, fixtures, and other improvements existing and situated on that land; and
(3) sell, lease or transfer furniture, fixtures, equipment, accounts receivable, and other incidental assets associated with or employed in the operation of the school on the land.
(B) The following terms and conditions must be observed and included and accepted in any agreement for the management and operation of the school and in any agreement for the sale, lease, or transfer of the school's real or personal property:
(1) The premises sold, leased, or transferred may be used only for the operation of educational programs agreed upon by the county governing body. If the premises cease to be used for educational programs agreed upon by the county governing body, ownership of the premises shall revert to the county governing body.
(2) An institution of higher learning chosen by the county governing body to operate the school shall not transfer, sell, lease, or assign control of the school, or of the entity operating or controlling the school or of any of its related real estate or other assets, to any other entity without the prior express written approval of the county governing body and without compliance with the same terms and conditions provided in this act. Prior to any such transfer, sale, lease, or assignment of control, the county governing body shall have the right of first refusal and be given sufficient time to consider and decide whether to exercise the right of first refusal.
(3) All agreements, the manner in which all agreements are made and the implementation of all agreements must comply with all applicable laws.
(4) The county governing body shall have access at all times to all records pertaining to the operation of the school.
(C)(1) If an agreement for the management and operation of the school or an agreement for the sale, lease, or transfer of the school is made, Clarendon County School Districts 1, 2, and 3, and any other school district established in Clarendon County in any subsequent act, shall continue to use the school for the vocational education of the students attending schools in the districts.
(2) At the direction of the school districts, the county treasurer shall remit to the Central Carolina Technical College or any other institution of higher education that is a party to the agreement:
(a) any funding provided to the school districts by the State of South Carolina and the federal government for vocational education and Tech Prep that is applicable to students attending the school, and any other funding provided to the districts and designated for use on behalf of students attending the school, provided, that the funding provided shall be based on the funding level per pupil as provided by the state Department of Education; and
(b) any amounts allocated by the school districts to the school from local sources that is applicable to students attending the school.
(3) All funds received from the school districts pursuant to item (2) of this subsection by Central Carolina Technical College or any other institution of higher learning that is a party to the agreement shall be used exclusively for the education of students attending the school from the school districts providing the funds.
(4) The county governing body shall provide funding for the use of the school in an amount which is not less than the amount provided to the school for the 1997-98 fiscal year.
(D)(1) If an agreement for the management and operation of the school or an agreement for the sale, lease, or transfer of the school is made, Central Carolina Technical College or any other institution of higher learning that is a party to the agreement may offer, without limitation, the following services:
(a) secondary school vocational education;
(b) adult education such as remediation, literacy, and vocational/technical courses;
(c) college credit courses leading to an associate's degree;
(d) college credit courses that transfer to a four year institution;
(e) specialized vocational/technical courses, credit or non-credit, for the general population; and
(f) workforce development training.
(2) All services offered shall be agreed upon by:
(a) the county governing body;
(b) Central Carolina Technical College or any other institution of higher learning that is a party to the agreement; and
(c) if the services are provided to high school students, the school districts with students attending the school.
(E) Compliance with the provisions of this act is exclusive and shall satisfy the approval requirements of any and all other statutory provisions requiring the review and/or approval of any agency, department, or division.
SECTION 4. Upon approval by the Governor, this act takes effect upon enactment of an ordinance by the county governing body in which the governing body accepts the responsibilities provided in this act and notifies the Code Commissioner of its acceptance. If the county governing body accepts the responsibilities provided in this act, the Code Commissioner shall make a notation of the acceptance in the volume of the Code of Laws of South Carolina entitled "Index to Local Laws," including any revised volume or cumulative supplement./
Renumber sections to conform.
Amend totals and title to conform.
The Bill, as amended, was read the third time and ordered returned to the Senate with amendments.
Rep. KNOTTS moved to adjourn debate upon the following Bill until Wednesday, July 1, 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.
Rep. HARRISON moved to adjourn debate upon the following Bill, which was adopted.
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.
The motion of Rep. QUINN to reconsider the vote whereby Amendment No. 1 was adopted on the following Concurrent Resolution was taken up.
S. 719 -- Senator Jackson: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF TRANSPORTATION TO CAUSE TO BE ERECTED ALONG POE AVENUE NEAR THE FORT MOULTRIE NATIONAL MONUMENT ON SULLIVAN'S ISLAND A HISTORICAL MARKER THAT RECOGNIZES THE ROLE OF SULLIVAN'S ISLAND AS A POINT OF ENTRY OF AFRICAN-AMERICANS INTO THIS COUNTRY.
Rep. HASKINS moved to adjourn debate upon the motion to reconsider, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3316 -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.
Reps. LITTLEJOHN and McKAY proposed the following Amendment No. 2A (Doc Name P:\AMEND\PSD\7475CM.98), which was ruled out of order.
Amend the bill, as and if amended, by adding the following appropriately numbered SECTION:
/SECTION ___. Section 56-1-30(6) of the 1976 Code is amended to read:
Renumber sections to conform.
Amend title to conform.
Rep. LITTLEJOHN explained the amendment.
Rep. T. BROWN raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. LITTLEJOHN argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. BOAN proposed the following Amendment No. 3A (Doc Name P:\AMEND\DKA\3029MM.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 56-5-2910 of the 1976 Code, as last amended by Act 509 of 1994, is further amended to read:
"Section 56-5-2910. (A) When the death of a person ensues within one year as a proximate result of injury received by the driving of a vehicle in reckless disregard of the safety of others, the person operating the vehicle is guilty of reckless homicide. A person who is convicted of, pleads guilty to, or pleads nolo contendere to reckless homicide is guilty of a felony and must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned not more than ten years, or both. The department shall revoke for five years the driver's license of a person convicted of reckless homicide.
(B) After one year from the date of revocation, the person whose driver's license has been revoked for five years pursuant to Subsection (A) may petition the circuit court in the county of his residence for reinstatement of his driver's license. He shall serve a copy of the petition upon the solicitor of the county and shall notify the representative of the victim of the reckless homicide of his intent to seek reinstatement of his driver's license. The solicitor or his designee within thirty days may respond to the petition and demand a hearing on the merits of the petition. If the solicitor or his designee does not demand a hearing, the circuit court shall consider any affidavit submitted by the petitioner and the solicitor or his designee when determining whether the conditions required for driving privilege reinstatement have been met by the petitioner. The court may order the reinstatement of the person's driver's license upon the following conditions:
(1) intoxicating alcohol, beer, wine, drugs or narcotics were not involved in the vehicular accident which resulted in the reckless homicide conviction or plea;
(2) the petitioner has served his term of imprisonment or paid his fine, assessment and restitution in full, or both; and
(3) the person's overall driving record, attitude, habits, character, and driving ability would make it safe to reinstate the privilege of operating a motor vehicle.
The circuit court may order the reinstatement of the driver's license before the completion of the full five-year revocation period or the judge may order the granting of a provisional license for the remainder of the five-year period to allow the person to drive to and from employment or school or the judge may place other restrictions on the driver's license reinstatement. The order of the judge must be transmitted to the Department of Public Safety within ten days.
(C) If the person's privilege to operate a motor vehicle is reinstated pursuant to Subsection (B), a subsequent violation of the motor vehicle laws for any moving violation requires the automatic cancellation of the person's driver's license and imposition of the full period of revocation for the reckless homicide violation./
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON explained the amendment.
Rep. T. BROWN raised a Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
Rep. HARRISON argued contra.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
Rep. HARRISON moved to adjourn debate upon the Bill, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 4805 -- Reps. McGee, Campsen, Meacham, Knotts, McKay, Kinon, Simrill, Jordan, Martin, Kirsh, J. Brown, Stuart, Wilkins, Barrett, Young, Clyburn, Woodrum, Harrison, Klauber, Easterday, Gourdine, Spearman, Fleming, Haskins, Moody-Lawrence, Limehouse, Harrell and Robinson: A BILL TO AMEND SECTION 23-3-490, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF SEX OFFENDER REGISTRY INFORMATION TO THE PUBLIC, SO AS TO PROVIDE THAT A REQUEST FOR INFORMATION DOES NOT HAVE TO BE WRITTEN; TO AUTHORIZE NOTIFICATION OF RESIDENTS OF AN OFFENDER LIVING WITHIN ONE MILE OF THEIR RESIDENCE IF THE SHERIFF HAS REASON TO BELIEVE THAT NOTIFICATION IS IN THE PUBLIC'S BEST INTEREST AND THAT BASED ON CRITERIA ESTABLISHED BY THE STATE LAW ENFORCEMENT DIVISION THAT THE OFFENDER MAY REPEAT A SEXUAL OFFENSE; AND TO PROVIDE IMMUNITY FOR INFORMATION RELEASED IN GOOD FAITH AND IN ACCORDANCE WITH THIS SECTION.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4850 -- Rep. Boan: A BILL TO AMEND SECTION 12-8-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHHOLDING OF A PORTION OF A TRUST DISTRIBUTION TO A NONRESIDENT BENEFICIARY FOR TAX PURPOSES, SO AS TO EXEMPT ALSO DISTRIBUTIONS TO A NONRESIDENT BENEFICIARY WHO IS EXEMPT FROM TAXATION UNDER SECTION 501 OF THE INTERNAL REVENUE CODE AND A NONRESIDENT BENEFICIARY WHO SUBMITS TO THIS STATE'S JURISDICTION FOR DETERMINING TAX LIABILITY; TO AMEND SECTION 12-8-580, RELATING TO WITHHOLDING OF A PORTION OF THE PURCHASE PRICE BY A BUYER WHEN THE SELLER IS A NONRESIDENT, SO AS TO FURTHER PROVIDE FOR THE PROPERTY WHICH IS SUBJECT TO THE WITHHOLDING REQUIREMENTS; TO AMEND SECTION 12-8-1030, RELATING TO AN INCORRECT WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO ESTABLISH PROCEDURES FOR THE EMPLOYER, EMPLOYEE, AND DEPARTMENT OF REVENUE FOR DETERMINATION OF THE CORRECT NUMBER OF EXEMPTIONS AND APPEAL OF THAT DETERMINATION AND TO GIVE EMPLOYERS UNTIL MARCH 31, 1999, TO COMPLY; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH A WRONGFUL CLAIM OF WITHHOLDING EXEMPTIONS, SO AS TO CHANGE THE REFERENCE TO CHAPTER 8 INSTEAD OF CHAPTER 9, TO INCREASE THE MAXIMUM FINE TO ONE THOUSAND DOLLARS, AND TO MAKE THE OFFENSE TRIABLE IN MAGISTRATE'S COURT; TO AMEND SECTION 12-54-46, RELATING TO THE FILING OF A FALSE WITHHOLDING EXEMPTION CERTIFICATE, SO AS TO DELETE THE MAXIMUM LIMIT ON THE FINE; AND TO REPEAL SECTION 12-54-45 RELATING TO THE PENALTY FOR SUPPLYING AN EMPLOYER WITH FALSE OR FRAUDULENT INFORMATION AS TO THE NUMBER OF EXEMPTIONS.
Rep. VAUGHN explained the 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. 4801 -- Rep. Boan: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION AND TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT.
Rep. VAUGHN explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 157 -- Senator Passailaigue: A BILL TO PROVIDE FOR APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF STATE GOVERNMENT FOR FISCAL YEAR BEGINNING, JULY 1, 1998, BY REAUTHORIZING THE PROVISIONS OF PART I OF ACT 155 OF 1997 EXCEPT AS DELETED, LIMITED, MODIFIED, OR INCREASED BY THE PROVISIONS OF THIS ACT; TO PROVIDE FOR SUPPLEMENTAL APPROPRIATIONS FROM REVENUES AVAILABLE AT THE CLOSE OF FISCAL YEAR 1997-98; AND TO PROVIDE THAT ALL ACTS OR PARTS OF ACTS INCONSISTENT WITH ANY PROVISION OF THIS ACT ARE SUSPENDED FOR FISCAL YEAR 1998-99.
Rep. WILKINS explained the Senate amendment.
Rep. WILKINS moved to table the Bill, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4438 -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
Reps. BAILEY and SANDIFER proposed the following Amendment No. 1A (Doc Name P:\AMEND\PSD\7480AC.98), which was adopted.
Amend the bill, as and if amended, Section 6-9-60(B), page 4438-6 by deleting line 31 and inserting /for terms of four years/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO 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.
H. 5143 -- Rep. Fleming: A BILL TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
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 Joint Resolution were taken up for consideration.
H. 4998 -- Reps. Boan and Lanford: A JOINT RESOLUTION PROPOSING AMENDMENTS TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE, TAXATION, AND DEBT, BY PROPOSING AN AMENDMENT TO SECTION 11 OF THIS ARTICLE SO AS TO ALLOW THE STATE TREASURER TO INVEST ENDOWMENT FUNDS DONATED SPECIFICALLY TO STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING IN EQUITY SECURITIES OF UNITED STATES CORPORATIONS REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH A NATIONAL QUOTATIONS SYSTEM, SUBJECT TO LEGISLATION ENACTED BY THE GENERAL ASSEMBLY WHICH REQUIRES THESE ENDOWMENT FUNDS HELD AND INVESTED BY THE STATE TREASURER TO BE INVESTED PURSUANT TO A PLAN RECOMMENDED BY THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL WHICH MUST BE SUBMITTED TO AND APPROVED BY THE BOARDS OF TRUSTEES OF THE RESPECTIVE COLLEGES AND UNIVERSITIES; AND BY PROPOSING AN AMENDMENT TO SECTION 14 OF THIS ARTICLE TO AUTHORIZE THE GENERAL ASSEMBLY TO PROVIDE BY LAW FOR THE INCURRENCE OF INDEBTEDNESS BY COUNTIES FOR REDEVELOPMENT PURPOSES AND TO PROVIDE FOR THE DEBT SERVICE OF SUCH INDEBTEDNESS TO BE PROVIDED FROM THE ADDED INCREMENT OF TAX REVENUES TO RESULT FROM THE PROJECT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 11, Article X of the Constitution of this State be amended by adding a paragraph at the end to read:
"Provided, however, that endowment funds donated specifically to state-supported institutions of higher learning and held by the State Treasurer may be invested and reinvested in equity securities of a corporation within the United States that is registered on a national securities exchange, as provided in the Securities Exchange Act of 1934 or a successor act, or quoted through the National Association of Securities Dealers Automatic Quotations System or similar service. The General Assembly shall implement this paragraph by enacting legislation in which these endowment funds held and invested by the State Treasurer must be invested pursuant to a plan recommended by the State Retirement Systems Investment Panel which must be submitted to and approved by the boards of trustees of the respective colleges and universities."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 11, Article X of the Constitution of this State relating to the pledging of the credit of the State and prohibiting ownership of the State in a company, association, or corporation be amended so as to allow the State Treasurer to invest endowment funds donated specifically to state-supported institutions of higher learning in equity securities of United States corporations registered on a national securities exchange or quoted through a national quotations system, subject to legislation enacted by the General Assembly which requires these endowment funds held and invested by the State Treasurer to be invested pursuant to a plan recommended by the State Retirement Systems Investment Panel which must be submitted to and approved by the boards of trustees of the respective colleges and universities?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. It is proposed that Section 14(10), Article X of the Constitution of this State be amended to read:
"(10) Indebtedness payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax or license, may be issued upon such terms and conditions as the General Assembly may prescribe by general law; provided, that the General Assembly may authorize by general law that indebtedness for the purpose of redevelopment within incorporated municipalities and counties may be incurred, and that the debt service of such indebtedness be provided from the added increments of tax revenues to result from any such project. Any and all indebtedness incurred pursuant to the provisions of this subsection shall contain a statement on the face thereof specifying the sources from which payment is to be made and shall state that the full faith, credit, and taxing powers are not pledged therefor."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall Section 14, Article X of the Constitution of this State, relating to indebtedness payable from revenue-producing projects and from special sources, be amended so as to provide that the General Assembly may provide by general law for counties to incur indebtedness for the purpose of redevelopment and to provide that the debt service for such indebtedness be provided from the added increments of tax revenues to result from such project?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
The Joint Resolution was read the second time and ordered to third reading under Senate amendments.
The Senate amendments to the following Bill were taken up for consideration.
H. 4942 -- Reps. Lee, Davenport and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT AN INMATE MUST NOT BE USED AS AN INTERPRETER IN A CRIMINAL PROCEEDING IN WHICH A PARTY TO THE PROCEEDING DOES NOT SPEAK ENGLISH.
Rep. HARRISON proposed the following Amendment No. 1A, which was adopted.
On line 1 of page 2 strike words "a qualified" and insert "an".
On line 29 of page strike words "a qualified" and insert "an".
Rep. HARRISON 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.
H. 3685 -- Reps. Cato and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND TO PROVIDE PENALTIES.
Rep. CATO 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. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
Rep. HARRISON proposed the following Amendment No. 1A, which was adopted.
Strike the Senate amendments and return to Bill as passed by House as printed on April 2, 1998.
Rep. KNOTTS 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.
H. 4848 -- Rep. Boan: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING SECTION 12-58-185 SO AS TO ALLOW THE DEPARTMENT OF REVENUE TO GRANT AN EXTENSION OF TIME FOR PAYMENT OF AN AMOUNT DUE TO AN INNOCENT TAXPAYER AND ALLOW THE REQUIREMENT OF A BOND; TO AMEND SECTION 12-54-40, AS AMENDED, RELATING TO PENALTIES IN CONNECTION WITH TAX COLLECTION AND ENFORCEMENT, SO AS TO PROHIBIT THE PREPARATION OF A TAX RELATED DOCUMENT BY ONE WHO HAS BEEN CONVICTED OF PREPARING A FRAUDULENT TAX DOCUMENT AND TO PROVIDE PENALTIES FOR ONE WHO VIOLATES THE PROHIBITION; TO AMEND SECTION 12-54-85, AS AMENDED, RELATING TO TIME LIMITS AND EXCEPTIONS FOR ASSESSMENT OF A TAX OR FEE, SO AS TO ALLOW A CORPORATE TAXPAYER NINETY DAYS TO REPORT TO THE DEPARTMENT OF REVENUE AN ADJUSTMENT IN THE TAXPAYER'S TAXABLE INCOME MADE BY THE INTERNAL REVENUE SERVICE; TO AMEND SECTION 12-54-227, AS AMENDED, RELATING TO OUT-OF-STATE TAX COLLECTION, SO AS TO ALLOW THE NOTICE TO INCLUDE LATER TAX DEBTS; AND TO REPEAL SECTION 12-54-140 RELATING TO REPORTING REQUIREMENTS FOR INTERNAL REVENUE SERVICE ADJUSTMENTS IN TAXABLE INCOME AND SECTION 12-58-140, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF REVENUE TO ENTER INTO AN INSTALLMENT PLAN FOR PAYMENT BY A TAXPAYER.
Rep. VAUGHN explained the 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. 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 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.
Rep. ASKINS explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
S. 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.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
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 CHAPTER 1, 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.
Rep. BAILEY 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. 4971 -- Reps. Wilkins, Harrison and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-645 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO PROVIDE NOTICE OF CERTAIN HEARINGS TO FOSTER PARENTS, PREADOPTIVE PARENTS, AND RELATIVES PROVIDING CARE OF A CHILD; BY ADDING SECTION 20-7-763 SO AS TO CLARIFY WHAT IS REQUIRED OF THE DEPARTMENT OF SOCIAL SERVICES WHEN IT MUST MAKE "REASONABLE EFFORTS" IN WORKING WITH FAMILIES AND CHILDREN AND TO FURTHER AUTHORIZE THE FAMILY COURT TO MAKE DETERMINATIONS AS TO WHEN REASONABLE EFFORTS MAY BE REQUIRED AND WHEN THEY MAY BE TERMINATED OR DISPENSED WITH; BY ADDING SECTION 20-7-768 SO AS TO PROVIDE CONDITIONS UNDER WHICH THE DEPARTMENT SHALL INITIATE, OR JOIN IN A PROCEEDING FOR, TERMINATION OF PARENTAL RIGHTS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING, SO AS TO INCLUDE IN THE FINDINGS REQUIRED WHEN A CHILD IS NOT RETURNED TO THE PARENTS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF THE CHILD; TO AMEND SECTION 20-7-1642, AS AMENDED, RELATING TO PERSONS WITH WHOM A CHILD MAY NOT BE PLACED FOR FOSTER CARE, SO AS TO REVISE THE CRIMINAL OFFENSES THAT ARE PROHIBITED AND TO CLARIFY THAT A CHILD IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES INCLUDES A CHILD IN THE CUSTODY OF AN AGENCY LICENSED OR REGISTERED BY THE DEPARTMENT; TO AMEND SECTION 20-7-1670, AS AMENDED, RELATING TO PERSONS WHO MAY PETITION FOR ADOPTION OF A CHILD, SO AS TO PROVIDE EXCEPTIONS AND TO PROVIDE FOR A HEARING IF THE DEPARTMENT VIOLATES THIS SECTION; AND TO AMEND SECTION 20-7-1895 RELATING TO THE STATEWIDE ADOPTION EXCHANGE, SO AS TO DELETE THE PROVISION THAT ONLY A "SPECIAL NEEDS CHILD" MAY BE REFERRED TO A REGIONAL OR NATIONAL ADOPTION EXCHANGE.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 4775 -- Rep. Wilkins: A BILL TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO REVISE THE PUBLICATION PROCEDURE FOR PUBLISHING OF NOTICE AND TO DELETE REQUIREMENT OF A MAILED NOTICE.
Rep. HARRISON explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 5236 -- Reps. McCraw, Phillips, Littlejohn and Harvin: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. J. GRADY RANDOLPH OF GAFFNEY, PRESIDENT OF J. GRADY RANDOLPH, INC., ON HIS BEING SELECTED BY THE SOUTH CAROLINA TRUCKING ASSOCIATION AS THE 1998 MOTOR CARRIER EXECUTIVE OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5237 -- Rep. Clyburn: A HOUSE RESOLUTION COMMENDING AND EXPRESSING APPRECIATION TO MRS. CHARLOTTE RAIFORD FOR THIRTY-SIX YEARS OF OUTSTANDING AND DEDICATED SERVICE AS TEACHER OF MATHEMATICS AT AIKEN HIGH SCHOOL AND AS EDUCATOR OF THE STUDENTS OF AIKEN COUNTY PUBLIC SCHOOLS.
The Resolution was adopted.
The following was introduced:
H. 5238 -- Rep. Clyburn: A HOUSE RESOLUTION TO EXTEND THE SINCERE APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO MR. WILLIAM C. PRICE, DIRECTOR OF ADMINISTRATION AND OPERATIONS FOR AREA ONE SCHOOLS IN THE SCHOOL DISTRICT OF AIKEN COUNTY, FOR HIS THIRTY-FOUR YEARS OF DEVOTED SERVICE UPON THE OCCASION OF HIS RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 5239 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. CHARLES "CHUCK" LEOPOLD FOR HIS OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5240 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. PHILLIP C. MUSGRAVE FOR HIS OUTSTANDING LEADERSHIP AND SERVICE TO THE SCHOOL DISTRICT OF EDGEFIELD COUNTY UPON HIS RETIREMENT AS PRINCIPAL OF STROM THURMOND HIGH SCHOOL AND EXTENDING BEST WISHES FOR HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5241 -- Reps. D. Smith, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, 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 HOUSE RESOLUTION COMMENDING AND THANKING THE HONORABLE L. HUNTER LIMBAUGH OF FLORENCE COUNTY, DISTINGUISHED FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, FOR HIS EXCELLENT SERVICE IN THIS BODY TO THE PEOPLE OF SOUTH CAROLINA.
Whereas, The Honorable L. Hunter Limbaugh was elected in 1994 to represent the citizens of District 63 (Florence County) in the House of Representatives; and
Whereas, Representative Limbaugh served his constituents with distinction for three years in this body, leaving after the 1997 Session to become Chief Legal Counsel for the Governor; and
Whereas, Hunter Limbaugh was known, respected, and admired during his service in this body for his insight into complex issues, his hard work, his integrity, and his dedication to his legislative duties; he always sought to accomplish the best for the State of South Carolina; as a member he was our good friend and he remains so; and
Whereas, we want Hunter to know that we continue to cherish his friendship and greatly appreciate his contributions to this body as a member. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, commend and thank The Honorable L. Hunter Limbaugh of Florence County, distinguished former member of the House of Representatives, for his excellent service in this body to the people of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to The Honorable L. Hunter Limbaugh. .
The Resolution was adopted.
The following was introduced:
H. 5242 -- Reps. Stille, Carnell and Townsend: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE MEMBERS, COACHES, AND STAFF OF THE ABBEVILLE HIGH SCHOOL BOYS' TRACK TEAM ON THE OCCASION OF THEIR WINNING THE 1998 STATE CLASS AA TRACK AND FIELD CHAMPIONSHIP.
The Resolution was adopted.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
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. Chapter 38, Title 40 of the 1976 Code is amended to read:
Section 40-38-10. As used in this chapter, 'optician' means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from physicians or optometrists duly licensed to practice their professions, and in accordance with such prescriptions mechanically interprets, measures, adapts, fits, and adjusts such lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye. Oral prescriptions are permitted provided a written record is made and filed by the optician. The services and appliances related to ophthalmic dispensing shall be dispensed, furnished, or supplied to the intended wearer or user only upon prescription issued by a physician or an optometrist; but duplications, replacements, reproductions, or repetitions may be done without prescription, in which event any such act shall be construed to be ophthalmic dispensing, the same as if performed on the basis of a written prescription; provided, however, contact lens shall only be dispensed in accordance with Section 40-38-150. Any person shall be deemed to be practicing opticianry within the meaning of this chapter who displays a sign or in any way advertises himself to be an optician.
Section 40-38-20. It shall be unlawful for any person to engage in the practice of opticianry in this State unless such person has obtained a certificate of registration from the South Carolina Board of Examiners in Opticianry. This chapter shall not apply to physicians licensed under the laws of this State for the practice of medicine or osteopathy, nor to optometrists licensed under the laws of this State to practice optometry, nor persons who sell as merchandise from a regular established place of business ready-made eyeglasses or spectacles if such person shall not aid the purchaser in the fitting thereof.
Section 40-38-30. There is created the South Carolina Board of Examiners in Opticianry (board) which shall consist of seven members. Five members shall be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of such nominees so submitted, additional nominees shall be submitted in the same manner. Vacancies shall be filled in like manner by appointment by the Governor for the unexpired portion of the term. Two members of the board shall be members of the general public who do not derive their income or support from any optical or related business or who are not related to any members of these professions. These public members shall be nominated by any individual, group, or association, and appointed by the Governor.
The board shall be responsible for examining applicants for licenses in opticianry, for investigating complaints, and for investigating and prosecuting violations of this chapter.
The members of the board shall be appointed for terms of four years and until their successors are appointed and qualify. No person may serve more than two consecutive four-year terms on the board, except that if any person is appointed to fill an unexpired term on the board, he may be reappointed for two additional four-year terms. The Governor may remove any member of the board who has been guilty of continued neglect of his duties or who is found to be incompetent, unprofessional or dishonorable. No member shall be removed without first giving him an opportunity to refute the charges filed against him. He shall be given a copy of the charges at the time they are filed.
Section 40-38-40. The members of the board shall qualify by taking the oath of office before a notary public or other officer empowered to administer oaths. At the first board meeting, after each annual appointment, it shall elect a president, vice president and secretary-treasurer. A majority of its members shall constitute a quorum. Regular meetings shall be held at least once a year at such time and place as shall be deemed most convenient. Special meetings may be held upon the call of the president.
If a board member is disqualified and his absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual must take the same oath as required of other members of the board.
Section 40-38-50. Each member may receive for his services such per diem and mileage as is provided by law for members of state boards, commissions or committees for each day actually engaged in the duties of his office, including a reasonable number of days for the preparation and reviewing of examinations, in addition to such time actually spent in conducting examinations.
Section 40-38-60. The board may promulgate regulations and bylaws for its own proceedings and government and for the practice of opticianry and examination of applicants for the practice of opticianry.
The board or any member may administer oaths for all purposes requiring the discharge of its duties. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may subpoena witnesses, take evidence, and require the production of any documents or records which it deems relevant to the inquiry. In the case of contumacy by or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board, or a person designated by it, and produce documentary evidence, and to give other evidence concerning the matter under inquiry.
Section 40-38-70. It is unlawful for a person to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of opticianry. In addition, it is unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty which relates to the procurement of ophthalmic goods or services.
It is unlawful for a person to offer or give eye examinations, eyeglasses, spectacles, lenses, or any part used in connection with them as a premium or bonus with merchandise or in any other manner to induce trade. The provisions of this section do not prohibit giving ophthalmic products incidental to the use of the product being offered nor the offering of a reduced price, sale, or discount on purchases if the following disclosures are made with the offer:
(a) If the offered price is represented as being a reduced price, sale price, or discounted price, the offer shall disclose whether the reduced price, sale price, or discounted price is from the offeror's regular selling price, or shall disclose any other price and its source which serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price.
(b) The date the offer terminates.
It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including:
(a) Whether an advertised price for eyeglasses includes single vision or multi-focal lenses;
(b) Whether an advertised price for contact lenses refers to hard or soft contact lenses;
(c) Whether an advertised price for ophthalmic materials includes all dispensing fees;
(d) Whether an advertised price for ophthalmic materials includes an eye examination;
(e) Whether an advertised price for eyeglasses includes both frame and lenses.
The board has no authority to make regulations governing the employment of opticians, the location of optical stores, the number of optical stores operated, the advertising of optical products or services, or the manner in which these products can be displayed.
Nothing in this chapter prevents opticians from using third-party solicitation which does not involve uninvited, in-person solicitation of persons who, because of their particular circumstances, may be vulnerable to undue influences.
Section 40-38-80. Dispensing opticians may hold themselves out as doing business and may advertise under their corporate name, trade name, or as successor to another optician in the State and the board shall make no regulations restricting these rights.
Section 40-38-90. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any board source or activity shall be remitted to the State Treasurer as collected, when practicable, but at least once each week, and shall be credited to the general fund of the State. All assessments, fees or licenses shall be levied in an amount sufficient to at least equal the amount appropriated in the annual general appropriation act for the board.
Section 40-38-100. The board shall make an annual report according to the provisions of Chapter 73 of Title 40 of the 1976 Code.
Section 40-38-110. Any person desiring to be examined by the board must fill out and swear to an application furnished by the board sixty days prior to the holding of the examination. Each applicant, on making application, shall pay to the secretary of the board a fee as determined by regulation of the board.
Section 40-38-120. A person is qualified to receive a certificate of registration as a registered optician who:
(1) Has graduated from an accredited public or private high school or secondary school of equal grade approved by the board or has completed an equivalent course of study approved by the board;
(2) Has received a certificate from a two-year school of opticianry approved by the board, or holds a currently valid optician's license in another state, or has been engaged in opticianry, as defined in this section, for not less than two years or has had two years' apprenticeship under an active state-licensed optician, optometrist, or ophthalmologist. An apprenticeship must be approved by the board in writing before it is begun. All opticianry apprenticeships served under active state-licensed opticians, optometrists, or ophthalmologists are subject to the same regulations of the Board of Opticianry.
(3) Has passed a satisfactory examination conducted by the board and shows proficiency in processing a lens, frame, or any other optical device or appurtenance in accordance with an optometrist's or physician's prescription. Processing does not mean those tasks and functions in surface grinding performed by persons who work in a wholesale laboratory.
Section 40-38-130. Every applicant for examination shall pass the opticianry competency examination prepared by the American Board of Opticianry or, if that examination is not available, the board shall prepare an opticianry competency examination. Examinations in dispensing and other practical areas of opticianry as defined in Section 40-38-10 may be conducted by the board. The board may not require an examination that is substantially duplicative of the national examination if the national examination is available.
An optician or applicant for licensure shall successfully complete a written qualifying contact lens examination prepared by the National Committee of Contact Lens Examination or, if that examination is not available, an equivalent examination prepared by the board before the optician is eligible to dispense contact lens.
Section 40-38-140. All persons, successfully passing the examination shall be numbered and registered in the board register, which shall be kept by the secretary, as licensed to work as an optician and shall receive a certificate of such registration, signed by the president and secretary of the board, upon payment to the board of a sum to be determined by regulation of the board.
Section 40-38-150. Notwithstanding any other provisions of law, in all cases opticians shall act with respect to contact lenses only upon receipt of and based on a prescription for such lenses by an ophthalmologist or optometrist. Nothing in this chapter shall be construed to allow opticians to fit contact lenses or to make professional determinations as to the specifications of such lenses unless under the supervision of an ophthalmologist or optometrist. If such supervision is not direct and if the optician dispenses the contact lenses outside of the presence of the ophthalmologist or optometrist, the optician shall instruct the patient to return to the prescribing ophthalmologist or optometrist for verification of the fitting as soon as an appointment may be obtained.
Section 40-38-160. Every person to whom a certificate of registration is granted under this chapter shall display it in a conspicuous place in his principal office or place of business or employment. A separate certificate of registration granted by the board shall also be displayed for opticians eligible to dispense contact lenses.
Section 40-38-170. Any failure, neglect or refusal on the part of any person holding such a certificate of registration to display it after the issuance of such certificate shall ipso facto work the forfeiture of such certificate of registration and it shall not be restored except upon the payment of twenty-five dollars to the board.
Section 40-38-180. Every optician who desires to continue to be licensed in this State shall annually, on or before the first day of October, pay to the board a renewal registration fee, to be fixed by the board. In case of default in making such payment by any person his certificate shall be automatically revoked by the board on thirty days' notice in writing prior to the effective time of revocation. The deposit of such notice in the United States Post Office addressed to such person at his last place of residence or business, registered with postage prepaid, shall be due and legal service. No certificate shall be revoked for nonpayment of such renewal fee if within the thirty day notice period the person shall pay such a penalty, to be established by regulation of the board and the renewal fee. Any person whose certificate of registration has been revoked for failure to pay his renewal fee may apply to have it regranted to him upon payment of all renewal fees with a penalty as established by regulation of the board. If the license has been lapsed for more than two years he shall appear before the board, which shall then determine if his license should be reinstated, and the terms upon which such reinstatement shall be made. Any person holding a license in South Carolina who is not practicing in this State but is in practice in another state, wishing to keep his license current, may pay annually a fee to be determined by the board, until he decides to practice in South Carolina, at which time he shall pay the current fee being charged to practitioners in South Carolina.
Each active state optician shall annually attend a minimum of three hours of continuing educational courses or meetings. The instruction shall be on subjects relative to opticianry, exclusive of office management or administration, at board approved and recognized educational seminars and courses or accredited institutions of learning. Satisfactory proof of compliance with this requirement is a prerequisite for annual renewal.
Section 40-38-190. It shall be unlawful for any ophthalmic manufacturer, wholesale supply house, or any of their employees, whether licensed as an optician or unlicensed, to dispense spectacles to the public from its manufacturing or wholesale locations.
Section 40-38-200. It shall be unlawful for any such licensee to permit his license to be used by any unlicensed person and shall be a violation of the terms hereof for any unlicensed person to practice or attempt to practice or conduct his business under the rights and privileges conferred upon some other person duly licensed. Notwithstanding any other provision of law, an optician may delegate tasks to his assistants working under his direct supervision. As used herein, 'direct supervision' means that a licensed optician shall be on the premises at all times. Nothing herein shall preclude such optician from being absent from the practice for reasonable periods during the working day, such as lunch or other customary, practice-related absences. No contact lenses shall be dispensed during his absence. Under no circumstances will these assistants be allowed to give a contact lens fitting.
Section 40-38-210. The board shall receive complaints by any person against a licensed optician and shall require a complaint to be submitted in written form. Upon receipt of the complaint, the secretary or such other person as the President may designate shall investigate the allegations in the complaint and make a report to the board concerning his investigation. If the board shall then desire to proceed further, it may, in its discretion, file a formal accusation charging the optician with a violation of a provision of this chapter. The accusation shall be signed by the president or the vice president on behalf of the board. When the accusation is filed and the board shall set a date for hearing thereon, the secretary of the board shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation shall be attached to the notice. The accused may appear and show cause why his license should not be suspended or revoked. The accused shall have the right to be confronted with and to cross-examine the witnesses against him and he shall have the right to counsel. For the purposes of such hearings, the board may require by subpoena the attendance of witnesses, the production of documents, may administer oaths and hear testimony, either oral or documentary, for and against the accused. In instances where a board member has made the initial investigation or complaint, he shall not sit with the board at the hearing of such complaint.
Such notice may be sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused shall be prima facie evidence of service of such notice.
All investigations and proceedings undertaken under the provisions of this chapter shall be confidential.
Every communication whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member thereof, pursuant to this chapter, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf such communication shall have been made.
Section 40-38-220. The board may revoke, suspend, or otherwise restrict the license of any optician or reprimand or otherwise discipline him when it is established that the license holder is guilty of misconduct as defined herein.
Misconduct, which constitutes grounds for revocation, suspension, or restriction of a license, or a limitation on, reprimand or other discipline of an optician shall be a satisfactory showing to the board:
(1) That any false, fraudulent, or forged statement or document has been used, and any fraudulent, deceitful, or dishonest act has been practiced by the holder of a license or certificate in connection with any of the license requirements.
(2) That the holder of a license has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere shall be considered the equivalent of a conviction.
(3) That the holder of a license practiced opticianry while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice opticianry.
(4) That the holder of a license uses alcohol or drugs to such a degree as to adversely affect his ability to practice opticianry.
(5) That the holder of a license has knowingly performed any act which in any way assists a person to practice opticianry illegally.
(6) That the holder of a license has caused to be published or circulated directly or indirectly any fraudulent, false, or misleading statements as to the skill or methods of practice of any optician.
(7) That the holder of a license has failed to provide and maintain reasonable sanitary facilities.
(8) That the holder of a license has sustained any physical or mental impairment or disability which renders further practice by him dangerous to the public.
(9) That the holder of a license has violated the principles of ethics as adopted by the board and published in its rules and regulations.
(10) That the holder of a license has engaged in conduct that is deceptive, fraudulent or harmful to the public.
(11) That the holder of a license is guilty of obtaining fees or assisting in obtaining such fees under deceptive, false, or fraudulent circumstances.
(12) That the holder of a license is guilty of the use of any intentionally false or fraudulent statement in any document connected with the practice of opticianry.
(13) That the holder of a license has been found by the board to lack the professional competence to practice opticianry.
(14) That the holder of a license has violated any provision of this chapter regulating the practice of opticianry.
(15) That the holder of a license has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage.
In addition to all other remedies and actions incorporated in this chapter, the license of an optician adjudged mentally incompetent by any court of proper jurisdiction shall be automatically suspended by the board until he is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
Section 40-38-230. If the board shall be satisfied that the optician is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose such restraint upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of such action shall then be mailed by the secretary of the board to the accused at his last known address as provided to the board.
Any decision by the board to revoke, suspend, or otherwise restrict the license shall be by majority vote and shall be subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. Such review shall be limited to the record established by the board's hearing.
Section 40-38-240. No member of the board, or its secretary, its committees, special examiners, agents, and employees shall be held liable for acts performed in the course of official duties except where actual malice is shown.
Section 40-38-250. Any person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, shall be fined not less than twenty-five dollars nor more than one thousand dollars or imprisoned not less than twenty days nor more than thirty days.
Section 40-38-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1, Title 40 applies to opticians regulated by the Department of Labor, Licensing and Regulation under this chapter. If there is a conflict between this chapter and Article 1, Chapter 1, Title 40, the provisions of this chapter control.
Section 40-38-10. (A) There is created the South Carolina Board of Examiners in Opticianry which consists of seven members. Five members must be licensed opticians appointed by the Governor upon nomination by all licensed opticians in this State through an election conducted by the board. The Governor may reject any or all of those nominated upon satisfactory showing as to the unfitness of those rejected. If the Governor declines to appoint any of the nominees, additional nominees must be elected and submitted in the same manner as the initial nominees. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term. Two members must be members of the general public who do not derive their income or support from any optical or optical-related business or who are not related to an optician or a person engaged in an optical-related business. The members from the general public may be nominated by an individual, group, or association and appointed by the Governor in accordance with Section 40-1-45.
(B) The members of the board serve terms of four years and until their successors are appointed and qualify.
(C) The Governor may remove a member of the board in accordance with Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against the member and the member must be given a copy of the charges at the time they are filed.
Section 40-38-20. As used in this chapter:
(1) 'Optician' means one who prepares and dispenses lenses, spectacles, eyeglasses, and appurtenances to the intended wearers on prescriptions from licensed physicians or optometrists and in accordance with these prescriptions, mechanically interprets, measures, adapts, fits, and adjusts lenses, spectacles, eyeglasses, and appurtenances to the human face for the aid or correction of visual or ocular anomalies of the human eye;
(2) 'Apprentice' means a qualified person registered by the board who is working under the supervision of a licensed optician, optometrist, or opthalmologist and who is being trained in the practice of opticianry;
(3) 'Board' means the South Carolina Board of Examiners in Opticianry; and
(4) 'Direct supervision' means, with regard to a supervisee, the licensed optician must be on the premises at all times.
Section 40-38-30. It is unlawful for a person to practice as an optician without being licensed in accordance with this chapter. A person who displays a sign or in any way advertises himself to be an optician is deemed to be practicing opticianry within the meaning of this chapter.
Section 40-38-50. The board must be administered by the Department of Labor, Licensing and Regulation in accordance with Article 1, Chapter 1, Title 40.
Section 40-38-60. The board may adopt bylaws governing its own proceedings and promulgate regulations for the practice of opticianry and examination of applicants for the practice of opticianry.
Section 40-38-70. The board shall examine or provide for the examination of applicants for licenses in opticianry, investigate complaints, and investigate and prosecute violations of this chapter.
Section 40-38-80. For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.
Section 40-38-90. If a board member files a complaint or conducts the initial investigation of a complaint, the board member must not participate in the capacity as board member at the hearing of that complaint.
Section 40-38-100. The board may seek to enjoin violations of this chapter as provided for in Section 40-1-100.
Section 40-38-110. (A) In addition to the grounds for disciplinary action provided in Section 40-1-110, the board may revoke, suspend, or otherwise restrict or limit the license of an optician or reprimand or otherwise discipline a licensee when it is established upon a satisfactory showing to the board that the licensee:
(1) has been convicted of a felony or crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered a conviction;
(2) has knowingly performed an act which in any way assists a person to practice opticianry illegally;
(3) has caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skill or methods of practice of an optician;
(4) has failed to provide and maintain reasonable sanitary facilities;
(5) is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(6) has violated a provision of this chapter or a regulation promulgated under this chapter; or
(7) has been guilty of using third-party solicitation which is untruthful, deceptive, and coercive to obtain patronage.
(B) In addition to all other remedies and actions provided for in this chapter, the license of an optician adjudged mentally incompetent by a court of proper jurisdiction automatically must be suspended by the board until the optician is adjudged by a court of competent jurisdiction or in any other manner provided by law as being restored to mental competency.
Section 40-38-115. The board has jurisdiction over the action of licensees and former licensees as provided for in Section 40-1-115.
Section 40-38-120. In addition to the sanctions the board may take against a person pursuant to Section 40-38-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
Section 40-38-130. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-38-140. A license for opticianry may be denied based on a person's prior criminal record as provided for in Section 40-1-140.
Section 40-38-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-38-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-38-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-38-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-38-190. All investigations and proceedings undertaken under the provisions of this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
Section 40-38-200. A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than fifty thousand dollars or imprisoned not more than one year. Each violation constitutes a separate offense. Penalties provided for in this chapter or in Article 1, Chapter 1, Title 40 may be imposed against a corporation, association, or person aiding and abetting in a violation.
Section 40-38-210. In addition to initiating a criminal proceeding for a violation of this chapter, the board also may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
Section 40-38-230. (A) A person desiring to be examined by the board must submit an application furnished by the board sixty days before the examination. The application must be accompanied by a fee established by the board in regulation and in accordance with Section 40-1-50(D).
(B) An applicant for examination shall pass the opticianry competency examination prepared by the American Board of Opticianry, or if that examination is not available, an opticianry competency examination prepared by the board. Examinations in dispensing and other practical areas of opticianry may be conducted by the board. The board may not require an examination that is substantially duplicative of the national examination if the national examination is available.
(C) An optician or applicant for licensure as a contact lens optician successfully shall complete a written qualifying contact lens examination prepared by the National Committee of Contact Lens Examination, or if that examination is not available, an equivalent examination prepared by the board.
Section 40-38-240. (A) A person is qualified to receive a certificate of licensure as an optician if the person has:
(1) graduated from an accredited public or private high school or secondary school of equal grade approved by the board or has completed an equivalent course of study approved by the board.
(2)(a) received a certificate from a two-year school of opticianry approved by the board;
(b) a currently valid optician's license in another state;
(c) been engaged in opticianry for not less than two years in a state that does not license opticians; or
(d) had two years' apprenticeship under a South Carolina licensed optician, optometrist, or ophthalmologist. The board must approve in writing an apprenticeship before the apprenticeship commences, and the regulations of the board apply to the apprentice.
(3) satisfactorily passed an examination conducted or recognized by the board and shows proficiency in processing a lens, frame, or any other optical device or appurtenance in accordance with an optometrist's or physician's prescription. Processing does not mean those tasks and functions in surface grinding performed by persons who work in a wholesale laboratory.
Having met the requirements of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as an optician.
(B) A person is qualified to receive a certificate of licensure as a contact lens optician who has:
(1) met all the requirements of subsection (A); and
(2) satisfactorily passed a written qualifying contact lens examination conducted or recognized by the board.
Having met the requirement of this subsection and upon payment of a licensure fee established by the board in regulation, the board shall issue a certificate of licensure and shall enter the person in the board register as licensed to work as a contact lens dispensing optician.
Section 40-38-250. The board shall promulgate regulations for apprentice registration requirements and fees and for the regulation of apprentices and apprenticeships.
Section 40-38-260. (A) A licensed optician or registered apprentice who desires to continue to be licensed or registered in this State annually, on or before the first day of October, shall pay a renewal fee, to be established by the board in regulation and in accordance with Section 40-1-50(D). In case of default in payment of the fee, the person's license or registration is automatically revoked if the board gives the licensee thirty days' notice in writing before the effective date of revocation. Deposit of the notice in the United States Postal Service addressed to the person at the person's last place of residence or business, registered with the board, with postage prepaid, constitutes legal service of the notice. No license or registration may be revoked for nonpayment of the renewal fee if within the thirty-day notice period the person pays a renewal fee and a penalty established by the board in regulation. A person whose license or registration has been revoked for failure to pay the renewal fee may apply to have it reinstated upon payment of all renewal fees and a penalty as established by the board in regulation. If the license or registration has been lapsed for more than two years, the person shall appear before the board, which shall determine if the license or registration should be reinstated and the terms under which the reinstatement is to be made. A person holding a license or registration in South Carolina not practicing in this State who wishes to keep the license or registration current, annually may pay an inactive license or registration fee established by the board in regulation. If the person decides to resume practice in this State, the person shall pay the fee being charged active practitioners in South Carolina at that time.
(B) An optician or apprentice annually shall attend a minimum of four hours of continuing education courses or meetings, one hour of which may be in office management or administration. The instruction must be on subjects relative to opticianry at board- approved and recognized educational seminars and courses or accredited institutions of learning. An optician holding a contact lens license must obtain one additional hour of continuing education courses or meetings, which must be in contact lens education at board-approved and recognized educational seminars and courses or accredited institutions of learning. Satisfactory proof of compliance with this subsection is a prerequisite for annual renewal.
Section 40-38-270. Notwithstanding any other provision of law, with respect to contact lenses, an optician shall act upon receipt of and based on a prescription for the lenses by an ophthalmologist or optometrist. Nothing in this chapter may be construed to allow an optician to fit contact lenses or to make professional determinations as lenses to the specifications of these lenses unless under the supervision of an ophthalmologist or optometrist. If supervision is not direct and if the optician dispenses the contact lenses outside of the presence of the ophthalmologist or optometrist, the optician shall instruct the patient to return to the prescribing ophthalmologist or optometrist for verification of the fitting as soon as an appointment may be obtained.
Section 40-38-280. The services and appliances related to ophthalmic dispensing must be dispensed, furnished, or supplied to the intended wearer or user only upon prescription issued by a physician or an optometrist; however, duplications, replacements, reproductions, or repetitions may be provided without prescription and are deemed to be ophthalmic dispensing, as if performed on the basis of a written prescription. Oral prescriptions are permitted if the optician maintains a written record. Contact lenses may be dispensed only in accordance with Section 40-38-270.
Section 40-38-290. It is unlawful for an ophthalmic manufacturer, wholesale supply house, or any of their employees, whether licensed as an optician or unlicensed, to dispense spectacles to the public from its manufacturing or wholesale locations.
Section 40-38-300. (A) It is unlawful for an optician to permit his license to be used by an unlicensed person, and it is unlawful for an unlicensed person to practice or attempt to practice or conduct optician business under the rights and privileges conferred upon another person who is a licensed optician.
(B) Notwithstanding any other provision of law, an optician may delegate tasks to assistants working under his direct supervision. However, under no circumstances may an assistant be allowed to perform a contact lens fitting. Nothing in this section precludes an optician who is supervising an assistant from being absent from the practice for reasonable periods during the working day including, but not limited to, lunch or other customary, practice-related absences; however, no contact lenses may be dispensed during the optician's absence.
Section 40-38-310. (A) It is unlawful for a person to disseminate, directly or indirectly, or cause to be disseminated any untruthful, deceptive advertisement, or representation concerning eye examinations, ophthalmic goods, ophthalmic services, or the practice of opticianry. It is unlawful for a person, partnership, or corporation to disseminate, directly or indirectly, or cause to be disseminated any untruthful, impossible, improbable, misleading, or deceptive advertisement or representation concerning the terms, guarantee, or warranty which relates to the procurement of ophthalmic goods or services.
(B) It is unlawful for a person to offer or give eye examinations, eyeglasses, spectacles, lenses, or any part used in connection with them as a premium or bonus with merchandise or in any other manner to induce trade. This section does not prohibit giving ophthalmic products incidental to the use of the product being offered or the offering of a reduced price, sale, or discount on purchases.
These disclosures must be made with any offer:
(1) if the offered price is represented as being a reduced price, sale price, or discounted price, the offer shall disclose the reduced price, sale price, or discounted price is from the offeror's regular selling price or shall disclose any other price and its source which serves as the standard from which the offeror represents the offered price as being a reduced price, sale price, or discounted price;
(2) the date the offer terminates.
(C) It is unlawful for a person to disseminate price information concerning ophthalmic goods and services without including an advertised price for:
(1) eyeglasses includes single vision or multi-focal lenses;
(2) contact lenses refers to hard or soft contact lenses;
(3) ophthalmic materials includes all dispensing fees;
(4) ophthalmic materials includes an eye examination; and
(5) eyeglasses includes both frame and lenses.
Section 40-38-320. Nothing in this chapter prevents opticians from using third-party solicitation which does not involve uninvited, in-person solicitation of persons who, because of their particular circumstances, may be vulnerable to undue influences.
Section 40-38-330. The board has no authority to promulgate regulations governing the employment of opticians, the location of optical stores, the number of optical stores operated, the advertising of optical products or services, or the manner in which these products can be displayed.
Section 40-38-340. Dispensing opticians may hold themselves out as doing business and may advertise under their corporate name, trade name, or as successor to another optician in the State, and the board may not promulgate regulations restricting these rights.
Section 40-38-350. (A) A person to whom a certificate of licensure is granted under this chapter shall display it in a conspicuous place in the person's principal office or place of business or employment. A separate certificate of licensure as a contact lens optician granted by the board also must be displayed by an optician eligible to dispense contact lenses.
(B) A person who fails, neglects, or refuses to display the certificate of licensure is deemed to have forfeited the certificate, and it may not be restored except upon the payment of a reinstatement fee of twenty-five dollars.
Section 40-38-360. Notices required by this chapter may be sent by registered mail, return receipt requested, to the person's last mailing address furnished to the board. The post office registration receipt signed by the recipient, his agent, or a responsible member of his household or office staff or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused is prima facie evidence of service of the notice.
Section 40-38-370. This chapter does not apply to:
(1) physicians licensed in this State for the practice of medicine or osteopathy;
(2) optometrists licensed under the laws of this State to practice optometry; or
(3) persons who sell as merchandise from an established place of business ready-made eyeglasses or spectacles if the person does not aid the purchaser in the fitting of the eye glasses or spectacles.
Section 40-38-380. No member of the board, its committees, special examiners, agents, and employees may be held liable for acts performed in the course of official duties except where actual malice is shown.
Section 40-38-390. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Senator Thomas L. Moore /s/Rep. James A. Battle, Jr.
/s/Senator William H. O'Dell /s/Rep. Mack T. Hines
/s/Senator Thomas C. Alexander /s/Rep. Bradley L. Jordan
On Part of the Senate. On Part of the House.
Rep. BATTLE explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
Rep. WILKINS made a statement relative to Rep. CROMER's service in the House.
Rep. CROMER made a statement relative to his service in the House.
Rep. TOWNSEND made a statement relative to Rep. STODDARD's service in the House.
Rep. STODDARD made a statement relative to his service to the House.
Reps. HARRISON and SHEHEEN made a statement relative to Sue McNamee's service in the House.
June 4, 1998
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Reappointment, Anderson-Oconee Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
The Honorable Ellis B. Drew, Jr., Office of the Master-in-Equity, Post Office Box 8002, Anderson, S.C. 29622
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
June 4, 1998
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with advice and consent of the First Congressional District, and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Initial Appointment, State Board for Technical and Comprehensive Education, with term to commence July 1, 1997, and to expire July 1, 2003:
1st Congressional District:
Mr. Paul G. Campbell, Jr., 150 Loganberry Circle, Goose Creek, S.C. 29445 VICE Eugene D. Foxworth, Jr. (Deceased)
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Peeler, McGill and Courtney of the Committee of Conference on the part of the Senate on H. 4802:
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 310:
S. 310 -- Banking and Insurance Committee: A BILL TO AMEND CHAPTER 71, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15, SO AS TO ENACT THE SOUTH CAROLINA PATIENTS' INSURANCE AND BENEFITS PROTECTION ACT WHICH DEFINES CERTAIN HEALTH CARE PLANS AND OTHER TERMS; SPECIFIES CERTAIN HEALTH INSURANCE COVERAGE OPTIONS WHEN THE INSURED OR MEMBER IS EMPLOYED BY AN EMPLOYER THAT HAS MORE THAN FIFTY ELIGIBLE EMPLOYEES; AND PROVIDES CERTAIN EXCLUSIONS FROM THE APPLICATION OF THE PROVISIONS OF THIS ARTICLE.
and asks for a Committee of Conference and has appointed Senators McConnell, Patterson and Martin of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. CATO, KIRSH and TRIPP to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295 SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
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. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-425. A registration of watercraft may not be renewed pursuant to this chapter if the department has notice that property taxes are owed on the watercraft. If renewal of registration has been denied pursuant to this section, a tax receipt from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted as proof that the taxes have been paid."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Woodrow M. McKay /s/Harvey S. Peeler /s/Larry L. Koon /s/C. Tyrone Courtney /s/Thomas G. Keegan /s/J. Yancey McGill On Part of the House. On Part of the Senate.
Rep. McKAY explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
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. Chapter 19 of Title 40 of the 1976 Code is amended to read:
Section 40-19-10. As used in this chapter:
(1) "Board" means the South Carolina State Board of Funeral Service.
(2) "Practice of funeral service" means (a) engaging in providing shelter, care, and custody of the human dead; (b) the practice of preparing the human dead by embalming or other methods for burial or other disposition; (c) arranging for the transportation of the human dead; (d) making arrangements at or prior to the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use; (e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.
(3) "Funeral home", "funeral establishment", or "mortuary" means an establishment where the practice of funeral service and embalming is practiced. All of these establishments must include the following facilities:
(a) A chapel or parlor in which funeral services may be conducted.
(b) A preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies.
(c) A room containing a displayed stock of at least six adult caskets and other necessary funeral supplies.
(d) At least one motor hearse for transporting casketed human remains.
(4) A "branch funeral home" means an establishment separate and apart from the licensed parent funeral home that has either embalming facilities or sales room or both.
(5) A "chapel" means a separate facility from the parent funeral home that has only layout or chapel facilities or both but does not have embalming facilities or a sales room.
(6) "Embalming" means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.
(7) "Funeral merchandise" means that personal property used in connection with the transportation, conduct of funerals, and final disposition of a dead human body, including, but not limited to, the receptacle into which the body is directly placed but does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.
(8) "Funeral service" or "funeral" means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.
(9) "Memorial service" means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased.
(10) "Disposition" means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation.
(11) "Graveside service" means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral.
(12) "Arrangements" means advising, counseling, and planning for a funeral or graveside service.
(13) "Cremation" or "calcination" means the reduction of the dead body by intense heat to residue.
(14) "Advertisement" means the publication, dissemination, circulation, or placing before the public, any announcement or statement in a newspaper, magazine, or other publication, in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label or tag, or over any radio or television, but does not include funeral or death notices and obituaries.
(15) "Apprentice" means a person who is preparing to become licensed for the practice of funeral service under the supervision and instruction of a person licensed for the practice in this State, and who is registered with the Board according to provisions of Section 40-19-120.
(16) "Secretary" means an executive secretary employed by the Director of the Department of Labor, Licensing, and Regulation pursuant to Section 40-73-15.
(17) "Inspector" means an inspector employed by the Board.
(18) "Crematory" means an establishment in which the dead human body is reduced to residue by intense heat. Each establishment shall obtain a permit from the Board and must be managed by a funeral director.
(19) "Funeral director" means a person licensed by the Board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.
(20) "Embalmer" means a person licensed by the Board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method, and includes the restoration or attempted restoration of the appearance of the dead human body.
Section 40-19-20. There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify, except that of the eleven members of the Board initially appointed under this Section three members shall serve one year, four shall serve two years, and four shall serve three years as determined by lot at the first meeting of the reconstituted Board. Two members must be public members not connected with any funeral service establishment. The South Carolina Funeral Directors Association may recommend six nonpublic members, and the South Carolina Morticians Association may recommend three nonpublic members. Any individual or private or public group or organization may also make recommendations concerning appointments to the Board. All recommendations must be made before the second of July in each year the term of office of a member of the Board expires. Appointments by the Governor are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired term. The Board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies to permit prompt recommendations to fill the vacancies.
Except for the public members appointed to the Board, all members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment. All members of the Board must have been residents of this State for not less than five years preceding the date of their appointment.
No member is eligible for immediate reappointment to the Board after having served one full three-year term, but the member is eligible for reappointment to the Board three years from the date he completed his last service as a member. Board members shall remain in office until their successors are appointed and qualify.
Section 40-19-30. The members of the Board, before entering upon their duties, shall take the oath of office prescribed for other state officers. If a board member is disqualified and his absence results in the lack of a quorum, the Governor may deputize an individual to replace him during the period of disqualification. The deputized individual shall meet the same qualifications as the member he is replacing, and shall take the same oath as required of other members of the Board.
Section 40-19-40. The Governor may remove from office any member of the Board for physical or mental incapacity, wilful negligence of duty, or conviction of a crime of moral turpitude. No member may be removed without first giving him an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed.
Section 40-19-50. The Board shall hold not less than one meeting every twelve months for the purpose of examining applications for licenses. Meetings must be held at a time and place as the Board may determine after notice has been given to the public at least thirty days prior to a meeting in a manner to be determined by the Board. The Board may hold other meetings for other purposes as it may consider necessary. A majority of the members of the Board constitutes a quorum.
Section 40-19-60. The Board shall select a president, vice president, and a secretary-treasurer.
The members of the Board shall receive no salary but are allowed the usual mileage, subsistence, and per diem provided by law for state commissions, committees, and boards.
Section 40-19-70. The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, shall employ an executive secretary and an inspector, both of whom must be licensed embalmers and funeral directors with not less than five consecutive years actual experience as a licensee under this chapter. The secretary and inspector shall receive an annual salary and necessary travel and other incidental expenses as are incurred in the performance of their duties.
The inspector is responsible to the board for field inspection and enforcement of the other provisions of this chapter. The secretary is responsible for dissemination of information relating to the practice of funeral service and procedures for inquiries and registration of complaints. He shall maintain a record of the name and business address of every person to whom licenses have been granted, the number and date of each license, and the date of each renewal. He shall supply on request to any person licensed for the practice of funeral service a list of all persons holding a valid license under this chapter, their business address, the number of their license, and a copy of all state laws and regulations relating to the practice of funeral service.
The secretary shall maintain a record of public complaints or allegations concerning licensees and the disposition of complaints.
The secretary shall prepare and have printed all necessary forms used in connection with operations of the board.
The secretary or the inspector may serve and execute any process issued by the board or any court or an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 and shall perform any other duties ordered by the Director of the Department of Labor, Licensing, and Regulation.
Section 40-19-80. The Director of the Department of Labor, Licensing, and Regulation, pursuant to Section 40-73-15, may employ clerical assistants and employees as may be necessary to carry out the provisions of this chapter. The terms and conditions of this employment must be determined by the Director of the Department of Labor, Licensing, and Regulation and applicable state law. The board, when legal services are necessary, must be represented by the Office of the Attorney General.
Section 40-19-90. The Board is authorized to promulgate regulations governing the qualifications, fitness, and practices of those engaged in embalming and funeral directing in this State and the care and disposition of dead human bodies, the standards of sanitation to be observed in the embalming and care of dead human bodies, and the administration of this chapter which shall include regulations regarding the procedure to be followed in the making of applications for licenses, in the issuance and renewal of licenses, and the conduct of examinations.
The board shall develop a continuing education program to require each licensee to receive a minimum of three credit hours annually to sustain competency and to remain current. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary who has been licensed for thirty or more years or who has attained the age of sixty years. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. The board shall develop a continuing education program to require each affected licensee to receive a minimum of three credit hours annually to sustain competency and to remain current.
Section 40-19-100. (A) No person may be issued a license as an embalmer unless he:
(I) is at least eighteen years of age;
(ii) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(iii) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board in its discretion;
(iv) has successfully completed a regular course of not less than one year (twelve scholastic months) in an embalming college accredited by the board;
(v) has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State. A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years is not required to serve an apprenticeship to qualify for examination.
(B) No person may be issued a license as a funeral director unless he:
(I) is at least eighteen years of age;
(ii) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(iii) has a high school education or the equivalent of a high school education, together with a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year (twelve scholastic months) in an accredited mortuary college;
(iv) has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State. A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.
(2) Each applicant for a license must be examined on subjects as are prescribed by the Board. The examination shall be by a standardized written test and the passing grade shall be established by regulation of the Board.
All applications for examination must be upon forms furnished by the Board and must be accompanied by a fee determined by the Board. The applications must be filed at least thirty days prior to the date of the examination.
(3) Any person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to those existing in this State may, upon establishing residence in this State, apply for a license to practice in this State by filing with the executive secretary of the Board a certified statement from the secretary of the examining board of the state or territory in which the applicant holds his license, showing the basis upon which the license was granted, together with his recommendation. If the Board finds that the applicant has fulfilled substantially similar requirements, the Board shall grant a license upon receipt of a fee as fixed by the Board and upon satisfying it that the applicant is familiar with the laws and regulations of this State concerning funeral directing and embalming.
(4) Any embalmer licensed to embalm under the laws of another state, who has held a valid license of the state for a period of at least five years is authorized by license to practice embalming in this State at a designated funeral home in this State under the supervision and guidance of a funeral director licensed under the laws of South Carolina upon application of the director and payment of a fee prescribed by the Board. The Board has the authority to suspend the license upon request of the employing funeral director, or upon its own right.
(5) No license may be issued or renewed for a period exceeding one year, and all licenses and renewals shall expire on the thirtieth day of June unless sooner revoked and cancelled. The date of expiration may be changed by unanimous consent of the Board and upon ninety days' written notice of the change to all persons licensed by the Board.
(6) Any person holding a license under this chapter may have his license renewed for a one-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the Board and payment of a renewal fee as fixed by the Board. Any person who fails to have his license renewed may, at the discretion of the Board, have it renewed by making application and appearing before the Board and paying a renewal and revival fee to be fixed by the Board. The license of any licensee who is actively engaged in the military service of the United States may, at the discretion of the Board, be held in abeyance for the duration of service, and this licensee may be relieved of the payment of renewal fees as the Board may consider justifiable and expedient.
Section 40-19-110. The practice of funeral service may be engaged in only at the licensed establishment which is listed as the licensee's primary place of business except with written permission by the Board. A licensed funeral director shall make arrangements with clients and must be at the place of the funeral and committal services.
Section 40-19-120. A person desiring to become an apprentice funeral director or embalmer shall make application to the Board on forms provided by the Board. The applicant must be at least eighteen years of age, shall take the oath contained on the application form, and shall submit a fee fixed by the Board. If the Board is satisfied as to the qualifications of an applicant, the executive secretary shall issue a certificate of apprenticeship. If an apprentice wishes to engage in in-service training with a person licensed as a funeral director or embalmer, a request must be submitted to the secretary. If permission is granted and the apprentice leaves the preceptorship of the licensee in whose service he has been engaged, the licensee shall give the apprentice an affidavit showing the length of time served with him. The affidavit must be filed with the secretary and made a matter of record. If the apprentice shall thereafter seek permission to continue in-service training, he shall request and obtain permission from the secretary as provided above.
A certificate of apprenticeship must be signed by the apprentice, the preceptor, and the manager of the establishment in which the apprenticeship is to be served and must be renewable twenty-four months after registration for a period of twelve months, by payment of a renewal fee as fixed by the Board. A certificate may not be renewed mor than three times. The registration of any apprentice who is actually engaged in the military service may, at the discretion of the Board be held in abeyance for the duration of service, and this apprentice may be relieved of the payment of renewal fees and penalties.
All certified apprentices shall report to the Board quarterly upon forms provided by it, indicating the work which has been completed during the preceding three months. The report must be certified by the licensee under whom the apprentice has served.
Before an apprentice is eligible to receive a license for the practice of funeral service, evidence required by this chapter must be presented showing that he has successfully completed the educational requirements set forth in Section 40-19-100, along with an affidavit from the licensees under whom the apprentice worked showing that as an apprentice embalmer he has assisted in the embalming of at least fifty bodies, or that as an apprentice funeral director he has assisted in the conducting of at least fifty funerals, during apprenticeship. The eligibility of the applicant for licensing must be determined by the records filed with the Board.
Only two apprentices at a time are permitted to register under any one person licensed as a funeral director or embalmer. Each sponsor for a registered apprentice must be actively connected with a funeral establishment.
Section 40-19-130. No person shall conduct, maintain, manage, or operate a funeral establishment unless a permit for each establishment has been issued by the Board and is conspicuously displayed in the funeral establishment. In case of funeral services held in any private residence, church, or lodge hall, no permit is required.
The secretary, inspector, or members of the Board may enter the offices or premises of any funeral establishment, funeral home, mortuary, branch funeral home, chapel, or crematory for the purposes of inspecting the premises or observing the training given to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this Section without legal process.
No permit to operate a funeral establishment may be issued unless the funeral establishment has a person licensed as a funeral director who resides a reasonable distance from the establishment and is present at all times the establishment is open for any type of funeral business or activity. Upon the death, resignation, or incapacity of the manager of a funeral establishment, the Board has the authority to issue a temporary permit to another person upon terms and conditions the Board considers to be in the best interest of the community in which the establishment is located.
Applications for funeral establishment permits must be made on forms furnished by and filed with the Board before July second of each year and must be accompanied by a fee as fixed by the Board. All permits shall expire on June thirtieth of each year.
When more than one person proposes to engage in the operation of a funeral establishment as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the Board as the manager of the funeral establishment. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless he is licensed.
Section 40-19-140. Any person who actively engages or participates in any way in funeral directing or in the management of a funeral establishment is considered to be practicing as a funeral director and must be licensed under the terms of this chapter.
No permit to operate a funeral home may be issued to any corporation, partnership, or individual when the name of any unlicensed person appears in the name of the corporation, partnership, or individually owned business. This prohibition does not apply to established funeral homes existing prior to July 1, 1969.
Section 40-19-150. All fees and penalties received by the Board must be deposited in the general fund of the State.
Section 40-19-160. Whenever the board has reason to believe that any person to whom a license has been issued has become unfit to practice as a licensed funeral director or embalmer or has violated any of the provisions of this chapter or regulation of the board or, whenever a written complaint charging the holder of a license with the violation of any provision of this chapter is filed with the board, the board shall conduct an investigation within thirty days. If after investigation it appears that probable cause exists for a hearing, a time and place must be set by the board for a hearing to determine whether or not the license must be suspended or revoked. No action to suspend, revoke, or cancel any license may be taken by the board until the licensee has been furnished with a statement of the charges against him and by whom he is charged and the names and addresses of all witnesses against him and a notice of the time and place of the hearing on the charges at least thirty days prior to the date of the hearing. The notice and statement of charges must be mailed to the accused at his last known place of residence. The accused may appear and show cause why his license should not be suspended or revoked, or other disciplinary action taken. The accused has the right to be confronted with and to cross-examine the witnesses against him and he has the right to counsel. A stenographic record of each proceeding to revoke, suspend, or otherwise restrict a license must be made at the expense of the board, and a transcript of the record must be kept in its files.
If the board is satisfied that the licensee is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose restraint upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of the action must then be mailed by the secretary of the board to the accused at his last known address, as provided to the board.
Any final order of the board finding that a licensee is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state professional associations, all firms and facilities with which the respondent is associated, states where the person has a license known to the board, and to any other source that the board wishes to furnish this information.
Any decision by the board to revoke, suspend, or otherwise restrict the license must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
Section 40-19-170. All investigations and proceedings undertaken under the provisions of this chapter must be confidential. Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agent or any hearing panel or member of the panel, pursuant to this chapter, whether by way of complaint or testimony, is privileged. No action or proceeding, civil or criminal, shall lie against any person by whom or on whose behalf the communication has been made, except upon proof that the communication was made with malice. No part of this chapter may be construed as prohibiting the respondent or his legal counsel from exercising the respondent's constitutional right or due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as a part of due process under the law.
No member of the board, or its committees, special examiners, agents and employees may be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to, any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.
Whenever the board has reason to believe that any person is violating or intends to violate any provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from the conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from the conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this Section.
A licensee or funeral home found to be in violation of a provision of this chapter or failing, omitting, or neglecting to obey, observe, or comply with a lawful order of the board is subject to a penalty of not less than twenty-five nor more than five hundred dollars for each offense. Jurisdiction of actions to recover penalties must be brought in the name of the state in magistrate's court.
Section 40-19-180. The Board may refuse to issue or renew or may suspend or revoke the license of any funeral director or embalmer or may place the holder of a license on a term of probation after proper hearing for:
(1) Conviction of a felony; or
(2) Unprofessional conduct which includes:
(a) Misrepresentations made or fraud committed as a holder of a license for the practice of funeral service;
(b) False or misleading advertising or using the name of an unlicensed person in connection with that of any funeral establishment;
(c) Solicitation of dead human bodies by the licensee, his agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, but not including general advertising;
(d) Employment by the licensee of persons known as "cappers" or "steerers" or "solicitors" or other persons to obtain the business for the licensee;
(e) Employment directly or indirectly of any apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;
(f) The direct or indirect payment or offer of payment of a commission by the licensee, his agents, assistants, or employees for the purpose of securing business, but compliance with a state pre-need law does not constitute a violation of this Section;
(g) Aiding or abetting an unlicensed person to practice the funeral service profession;
(h) Using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;
(i) Fraud or misrepresentation in obtaining or renewing a license;
(j) Refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;
(k) Failure to secure a permit for removal or burial of a dead human body prior to interment or disposal;
(l) Knowingly making any false statement on a certificate of death;
(m) Violation of applicable laws of the State relating to the prearrangement or prefinancing of a funeral;
(n) Discriminating in services because of race, creed, color, or national origin;
(o) Permitting an unlicensed person to make arrangements for a funeral at or prior to need;
(p) Violation of any state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of the dead human bodies;
(q) Violation of any of the provisions of this chapter.
Section 40-19-190. (A) No person licensed as a funeral director or embalmer shall remove or embalm a dead human body when he has information indicating crime or violence of any sort in connection with the cause of death until permission of the coroner or medical examiner or some other duly qualified person acting in this capacity has first been obtained.
(B) No public officer or employee, the official of any public institution, physician, surgeon, or any other person having a professional relationship with any decedent shall send or cause to be sent to any funeral establishment or to any person licensed for the practice of funeral service the remains of any deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent. If any kin is found, his authority and directions shall govern except in those instances where the deceased made his prior arrangements in writing.
(C) No company, corporation, or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition, or other similar expenses of the deceased members or of certificate holders, or engaged in the business of providing insurance upon the life of any individual, under which any obligation may arise to care for the remains of the insured, shall contract to pay or shall pay any insurance or benefits, or part of any insurance or benefits, to any funeral establishment, licensee, or individual in any manner which may deprive the representative, next of kin, or family of the deceased person from, or in any way control them in, procuring a funeral establishment, person licensed for the practice of funeral service, or other proper and competent person to perform funeral services and furnish supplies to care for the remains of the decedent.
(D) No person licensed as a funeral director or embalmer or anyone acting for him shall have any part in any transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part of the body is given for anatomical purposes.
(E) It is unlawful for any person, partnership, corporation, or association who has not been licensed or registered as specified in this chapter to transact, practice, or hold himself or itself out as transacting or practicing funeral service or operating or maintaining a funeral establishment within this State.
Section 40-19-200. The personnel of a funeral establishment shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made prior to selection of the casket.
Before the arrangements are completed, the licensee of the funeral service firm shall fully disclose what is included in the funeral and identify other related expenses such as cemeteries and florists.
Any statements of legal requirements must be complete and factual as must statements relative to the conditions under which embalming is required or advisable. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.
Each funeral service establishment shall have a card or brochure in each casket stating the price of the service using the casket and listing the services and other merchandise included in the price. Where there are separate prices for the casket and services and the use of facilities and equipment, the card shall indicate the price of the casket and of the other items separately priced.
The funeral establishment shall provide to the persons making the arrangements, at the time the arrangements are completed and prior to the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known (1) the price of the service that the persons have selected and what is included in the service; (2) the price of each of the supplemental items of service and merchandise requested; (3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family; and (4) the method of payment.
Section 40-19-210. Nothing contained in this chapter may be construed to govern or limit the authority of any administrator or executor, trustee, or other person having a fiduciary relationship with the deceased. Further, nothing contained in this chapter may be construed to prohibit the sale of burial vaults by persons engaged in the business of operating a commercial cemetery.
Section 40-19-220. Any person who violates any of the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars nor more than twenty-five hundred dollars or by imprisonment for not more than six months, or both. The State Board of Funeral Service shall enforce the provisions of this chapter and shall have available to it, in addition to the Attorney General's Office, the services of the solicitors for the respective judicial circuits and all health officers in their respective counties and municipalities to assist them in the prosecution of all persons who are alleged to have violated the provisions of this chapter.
Section 40-19-230. [Section repealed]
Section 40-19-240. The provisions of this chapter do not apply to the preparation and burial of dead bodies of paupers or of inmates of state institutions when the paupers or inmates are buried at the expense of the State.
Section 40-19-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to embalmers and funeral directors; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-19-10. There is created the South Carolina State Board of Funeral Service consisting of eleven members appointed by the Governor from the State at large for terms of three years and until their successors are appointed and qualify. Of the eleven members two must be members from the general public not connected with a funeral service establishment, and the remaining members must have been licensed as funeral directors and embalmers for at least five years immediately preceding their appointment. All members must have been residents of this State for not fewer than five years preceding the date of their appointment.
The South Carolina Funeral Directors Association may recommend six members, the South Carolina Morticians Association may recommend three members, and an individual or private or public group or organization may make recommendations. All recommendations must be made to the Governor before the second of July in each year the term of office of a member expires. Appointments are effective on August fifteenth. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term. The board shall notify the South Carolina Funeral Directors Association and the South Carolina Morticians Association of any vacancies that occur.
Any business conducted by the board must be by a positive majority vote. For purposes of this subsection "positive majority vote" means a majority vote of the entire membership of the board, reduced by any vacancies existing at the time.
Section 40-19-20. As used in this chapter:
(1) 'Advertisement' means the publication, dissemination, circulation, or placing before the public an announcement or statement in a newspaper, magazine, or other publication in the form of a book, notice, circular, pamphlet, letter, handbill, poster, bill, sign, placard, card, label, or tag, or over radio or television. The term does not include funeral or death notices and obituaries.
(2) 'Apprentice' means a person who is preparing to become licensed for the practice of embalming and funeral directing under the supervision and instruction of a person licensed for the practice in this State and who is registered with the board pursuant to Section 40-19-120.
(3) 'Board' means the South Carolina State Board of Funeral Service.
(4) 'Branch funeral home' means an establishment separate and apart from the licensed parent funeral home that has either embalming facilities or a sales room, or both.
(5) 'Chapel' means a separate facility from the parent funeral home that has only layout or chapel facilities, or both, but does not have embalming facilities or a sales room.
(6) 'Cremation' or 'calcination' means the reduction of the dead body by intense heat to residue.
(7) 'Crematory' means an establishment in which the dead body is reduced to residue by intense heat.
(8) 'Disposition' means the final disposal of the body whether by earth interment, aboveground burial, cremation, burial at sea, or delivery to a medical institution for lawful dissection and experimentation.
(9) 'Embalmer' means a person licensed by the board to disinfect and preserve or attempt to disinfect and preserve the dead human body, entirely or in part, by the use of application of chemicals, fluids, or gases, externally or internally, or both, by their introduction into the body by vascular or hypodermic injections, by direct application into the organs or cavities, or by other method and includes the restoration or attempted restoration of the appearance of the dead human body.
(10) 'Embalming' means the disinfection of the dead human body by replacing certain body fluids with preserving and disinfecting chemicals.
(11) 'Funeral director' means a person licensed by the board to engage for hire or profit in the profession of arranging, directing, or supervising funerals.
(12) 'Funeral home', 'funeral establishment', or 'mortuary' means an establishment where the practice of funeral service and embalming is practiced. All of these establishments must include the following facilities:
(a) a chapel or parlor in which funeral services may be conducted.
(b) a preparation room equipped with a sanitary floor and necessary drainage, ventilation, necessary approved tables, hot and cold running water, and a sink separate from table drainage, instruments, and supplies for the preparation and embalming of dead human bodies.
(c) a room containing a displayed stock of at least six adult caskets and other necessary funeral supplies.
(d) at least one motor hearse for transporting casketed human remains.
(13) 'Funeral merchandise' means that personal property used in connection with the conduct of funerals or with the transportation and final disposition of a dead human body including, but not limited to, the receptacle into which the body is directly placed. The term does not mean mausoleum crypts, interment receptacles preset in a cemetery, and columbarium niches.
(14) 'Funeral service' or 'funeral' means a period following death in which there are religious services or other rites or ceremonies with the body of the deceased present.
(15) 'Graveside service' means a rite or ceremony held only at graveside, which is not generally construed as the committal service which follows a funeral.
(16) 'Inspector' means an inspector employed by the board.
(17) 'Manager' means a licensed funeral director who has been a resident of this State for at least one year and who is responsible for the management of funeral establishments including compliance with all applicable laws governed by this chapter and Chapters 7 and 8 of Title 32.
(18) 'Memorial service' means a gathering of persons for a program in recognition of a death without the presence of the body of the deceased.
(19) 'Practice of funeral service' means:
(a) engaging in providing shelter, care, and custody of the human dead;
(b) the practice of preparing the human dead by embalming or other methods for burial or other disposition;
(c) arranging for the transportation of the human dead;
(d) making arrangements at or before the time of death, financial or otherwise, including arrangements for cremation, for providing these services, or the sale of funeral merchandise, whether for present or future use;
(e) engaging in the practice or performing any functions of funeral directing or embalming as presently recognized by persons engaged in these functions.
Section 40-19-30. (A) It is unlawful for a person to engage in the practice of funeral service unless the person is licensed in accordance with this chapter. A person who engages or participates actively in directing or in the management of a funeral establishment is considered to be in the practice of funeral service.
No permit to operate a funeral home may be issued to a corporation, partnership, or individual when the name of an unlicensed person appears in the name of the corporation, partnership, or individually owned business. This prohibition does not apply to established funeral homes existing prior to July 1, 1969.
Section 40-19-50. The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 41-1-50.
Section 40-19-60. The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
Section 40-19-70. In addition to the powers and duties provided for in this chapter, the board also has those powers and duties set forth in Section 40-1-70.
Section 40-19-80. The board shall employ an inspector, who must be a licensed embalmer and funeral director with not fewer than five consecutive years' experience as a licensee under this chapter.
Section 40-19-90. The results of an investigation must be presented to the board, and any subsequent hearing must be conducted in accordance with Section 40-1-90.
Section 40-19-100. In addition to other remedies provided for in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-19-110. The board may refuse to issue or renew or may suspend or revoke the license of a funeral director or embalmer or may place the licensee on probation after notice and a hearing for unprofessional conduct which includes:
(1) making misrepresentations or committing fraud while engaging in the practice of funeral service;
(2) using false or misleading advertising or using the name of an unlicensed person in connection with that of a funeral establishment;
(3) soliciting dead human bodies by a licensee or a licensee's agents, assistants, or employees, whether the solicitation occurs after death or while death is impending, but not including general advertising;
(4) employing persons known as 'cappers' or 'steerers' or 'solicitors' or other persons to obtain business for the licensee;
(5) employing directly or indirectly an apprentice, agent, assistant, employee, or other person, on a part or full-time basis, or on commission, for the purpose of calling upon individuals or institutions to influence them to cause dead human bodies to be turned over to a particular funeral establishment;
(6) directly or indirectly paying or offering to pay a commission by a licensee or a licensee's agents, assistants, or employees to secure business; however, compliance with Chapter 7 of Title 32 is not unprofessional conduct;
(7) aiding or abetting an unlicensed person to engage in the practice of funeral service;
(8) using any funeral merchandise previously sold without prior written permission of the person selecting or paying for the use of the merchandise;
(9) refusing to properly release a dead human body to the custody of the person or entity who has the legal right to effect a release;
(10) failing to secure a permit for removal or burial of a dead human body before interment or disposal;
(11) knowingly making a false statement on a certificate of death;
(12) violating applicable state laws relating to the prearrangement or prefinancing of a funeral;
(13) discriminating in services because of race, creed, color, or national origin;
(14) violating a state law or municipal or county ordinance or regulation affecting the handling, custody, care, transportation, or final disposition of dead human bodies;
(15) permitting an unlicensed person to make arrangements for a funeral at or prior to need.
Section 40-19-115. The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
Section 40-19-120. In addition to the sanctions the board may impose against a person pursuant to this chapter, the board also may take disciplinary action against a person as provided for in Section 40-1-120.
Section 40-19-130. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-19-140. A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
Section 40-19-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter voluntarily may surrender the license in accordance with Section 40-1-150.
Section 40-19-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-19-170. A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-19-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-19-190. Investigations and proceedings conducted under this chapter are confidential, and all communications are privileged as provided for in Section 40-1-190.
Section 40-19-200. A person who practices or offers to practice funeral service in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than twenty-five hundred dollars or imprisoned for not more than six months, or both.
Section 40-19-210. The department, on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-19-230. (A) A person may be issued a license as an embalmer if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school education, the equivalence to be determined by the board;
(4) has completed successfully a regular course in an embalming college accredited by the National Conference of State Examining Boards and approved by the board;
(5) has completed a minimum of twenty-four months of service as an apprentice under the direct supervision of a licensed embalmer actively engaged in the practice of embalming in this State;
(6) has passed an examination prescribed by the board. A person holding a valid embalmer's license in another state or territory which has been in effect continuously for at least five years is not required to serve an apprenticeship to qualify for examination.
(B) A person may be issued a license as a funeral director if the person:
(1) is at least eighteen years of age;
(2) has not been convicted of a violent crime or found guilty of a felony or crime of moral turpitude;
(3) has a high school education or the equivalent of a high school education and has a minimum of two years of successful attendance at an accredited academic college or successful completion of a regular course of not less than one year, twelve scholastic months, in an accredited mortuary college;
(4) has completed a minimum of twenty-four months of service as an apprentice funeral director under the direct supervision of a licensed funeral director actively engaged in the practice of funeral directing in this State;
(5) has passed an examination prescribed by the board. A person holding a valid funeral director's license in another state or territory, which has been in effect continuously for at least five years, is not required to serve an apprenticeship to qualify for examination.
(C) An applicant for licensure must be examined on subjects as are prescribed by the board and the examination must be by a standardized written test. The passing grade must be established by the board in regulation.
An application for examination must be upon a form furnished by the board and must be accompanied by a fee established by the board in regulation. An application for examination must be submitted at least thirty days before the date of the examination.
(D) A person holding a valid embalmer or funeral director license in another state or territory having substantially similar requirements to the requirements of this chapter and has been licensed for a minimum of five years, upon establishing residence in this State, may apply for a license to practice in this State by filing with the board a certified statement from the examining board of the state or territory in which the applicant holds the license, showing the basis upon which the license was granted and a recommendation for licensure. If the board finds that the applicant has fulfilled substantially similar requirements, the board shall grant a license upon receipt of a fee established by the board in regulation and upon satisfying the board that the applicant is familiar with the laws and regulations of this State concerning funeral directing and embalming.
(E) No license may be issued or renewed for a period exceeding one year, and all licenses and renewals expire on the thirtieth day of June unless sooner revoked or canceled. The date of expiration may be changed by unanimous consent of the board and upon ninety days' written notice of the change to all persons licensed by the board.
(F) A person holding a license under this chapter may have the license renewed for a one-year period by applying within thirty days preceding or following the expiration of his license, upon forms provided by the board and payment of a renewal fee as established by the board in regulation. A person who fails to renew the license, at the discretion of the board, may have it renewed by making application and appearing before the board and paying a renewal and revival fee established by the board. The license of a person who is engaged actively in the military service of the United States may be held in abeyance for the duration of service, and the licensee may be relieved of the payment of renewal fees as the board considers justifiable and expedient.
Section 40-19-240. (A) A person desiring to become an apprentice funeral director or embalmer shall apply to the board on forms provided by the board. The applicant must be at least eighteen years of age, shall take the oath contained on the application form, and shall submit a fee established by the board in regulation. If the board is satisfied as to the qualifications of an applicant, the board shall issue a certificate of apprenticeship. If an apprentice wishes to engage in an apprenticeship with a person licensed as a funeral director or embalmer, a request must be submitted to the board. If permission is granted and the apprentice leaves the apprenticeship of the licensee in whose service the apprentice has been engaged, the licensee shall give the apprentice an affidavit showing the length of time served. The affidavit must be filed with the board. If the apprentice subsequently desires to continue the apprenticeship, the apprentice must apply to the board as provided for in this subsection.
(B) A certificate of apprenticeship must be signed by the apprentice, the licensee, and the manager of the establishment in which the apprenticeship is to be served and is renewable twenty-four months after registration for twelve months, by payment of a renewal fee established by the board in regulation. A certificate may not be renewed more than three times. The registration of an apprentice who is actually engaged in the military service may be held in abeyance for the duration of service, and the apprentice may be relieved of the payment of renewal fees and penalties.
(C) An apprentice quarterly shall report to the board on forms provided by the board indicating the work which has been completed during the preceding three months. The report must be certified by the licensee under whom the apprentice has served.
(D) Before an apprentice is eligible to receive a license for the practice of funeral service, evidence required by this chapter must be submitted to the board showing that the apprentice has completed successfully the educational requirements set forth in Section 40-19-230. Affidavits also must be submitted from the licensees under whom the apprentice worked showing that as an apprentice embalmer the apprentice has assisted in the embalming of at least fifty bodies or that as an apprentice funeral director the apprentice has assisted in conducting at least fifty funerals, during apprenticeship. Eligibility for licensure is determined by the board based upon the reports filed with the board pursuant to subsection (C).
(E) Only two apprentices at a time are permitted to register under any one person licensed as a funeral director or embalmer. Each sponsor for a registered apprentice must be actively connected with a funeral establishment.
Section 40-19-250. The board shall develop in regulation a continuing education program and each licensee must attend a minimum of three credit hours annually. This continuing education program must be offered, at a minimum, four times a year at locations easily accessible to participants and must be available through correspondence courses. This continuing education requirement does not apply to a person who is not the manager of record of a funeral home, funeral establishment, or mortuary if the person has been licensed for thirty or more years or is sixty years old or older.
Section 40-19-260. The practice of funeral service may be engaged in only at a licensed establishment. A licensed funeral director shall make arrangements with clients and must be at the place of the funeral and committal services.
Section 40-19-270. (A) No person shall conduct, maintain, manage, or operate a funeral establishment or crematory unless a permit for each establishment or crematory has been issued by the board and is displayed conspicuously in the funeral establishment or crematory. Funeral services held in a private residence, church, or lodge hall require no permit.
(B) The board or its inspector or agents may enter the offices or premises of a funeral establishment, funeral home, mortuary, branch funeral home, chapel, or crematory to inspect the premises or observe the training provided to apprentices. Acceptance of a permit constitutes permission for entry to the premises as provided in this section without legal process.
(C) No permit to operate a funeral establishment or crematory may be issued unless the funeral establishment or crematory has a person licensed as a funeral director who resides a reasonable distance from the establishment or crematory and is accessible at all times the establishment or crematory is open for any type of funeral business or activity. Upon the death, resignation, or incapacity of the manager of a funeral establishment or crematory, the board may issue a temporary permit to another person upon terms and conditions the board considers to be in the best interest of the community in which the establishment or crematory is located.
(D) An application for a funeral establishment permit or crematory permit must be made on forms furnished by the board and must be filed with the board before July second of each year accompanied by a fee established by the board in regulation. All permits expire on June thirtieth of each year.
(E) When more than one person proposes to engage in the operation of a funeral establishment or crematory as a partnership or a corporation, one of the partners or corporation officers must be a licensed funeral director and must be registered by the board as the manager of the funeral establishment or crematory. No partner or corporate officer shall hold himself out through advertising or otherwise as being a licensee unless the person is licensed in accordance with this chapter.
Section 40-19-280. (A) No person licensed as a funeral director or embalmer shall remove or embalm a dead human body when the person has information indicating crime or violence of any sort in connection with the cause of death until permission first has been obtained from the coroner or medical examiner or some other qualified person acting in this capacity.
(B) No public officer or employee, the official of any public institution, physician, surgeon, or any other person having a professional relationship with a decedent may send or cause to be sent to a funeral establishment or to a person licensed for the practice of funeral service the remains of a deceased person without having first made due inquiry as to the desires of the next of kin and of the persons who may be chargeable with the funeral and expenses of the decedent. If any kin is found, authority and directions of the kin govern except in those instances where the deceased made prior arrangements in writing.
(C) No company, corporation, or association engaged in the business of paying or providing for the payment of the expenses of the funeral, disposition, or other similar expenses of the deceased members or of certificate holders, or engaged in the business of providing insurance upon the life of an individual, under which an obligation may arise to care for the remains of the insured, shall contract to pay or shall pay insurance or benefits, or part of insurance or benefits, to a funeral establishment, licensee, or individual in a manner which may deprive the representative, next of kin, or family of the deceased person from, or in any way control them in, procuring a funeral establishment, person licensed for the practice of funeral service, or other proper and competent person to perform funeral services and furnish supplies to care for the remains of the decedent.
(D) No person licensed as a funeral director or embalmer or anyone acting for a funeral director or embalmer shall have a part in a transaction or business which in any way interferes with the freedom of choice of the general public to choose a person licensed for the practice of funeral service or to choose a funeral establishment except where the body or a part of the body is given for anatomical purposes.
(E) It is unlawful for a person, partnership, corporation, or association who has not been licensed or registered as provided for in this chapter to transact, practice, or hold himself or itself out as transacting or practicing funeral service or operating or maintaining a funeral establishment within this State.
Section 40-19-290. (A) The personnel of a funeral establishment shall make every reasonable attempt to fulfill the desires of the deceased and persons making arrangements both as to services and merchandise, and a full disclosure of all its available services and merchandise must be made before selection of the casket. Before the arrangements are completed, the licensee of the funeral service firm shall disclose fully what is included in the funeral and identify other related expenses such as cemeteries and florists.
(B) Statements of legal requirements or statements relative to the conditions under which embalming is required or advisable must be complete and factual. Representations as to legal requirements for embalming, the use of a casket or other receptacle, and the necessity, if any, of an interment receptacle in connection with a funeral must be truthful, and all legal or cemetery interment requirements must be disclosed.
(C) A funeral service establishment shall have a card or brochure in each casket stating the price of the casket.
The funeral establishment shall provide to the persons making the arrangements, at the time the arrangements are completed and before the time of rendering the service, a written statement signed by a representative of the funeral home and by the person authorizing the services showing to the extent then known:
(1) the price of the service that the persons have selected and what is included in the service;
(2) the price of each of the supplemental items of service and merchandise requested;
(3) the amount involved for each of the items for which the funeral service firm shall advance monies as an accommodation to the family;
(4) the method of payment.
Section 40-19-300. Nothing contained in this chapter may be construed to govern or limit the authority of an administrator or executor, trustee, or other person having a fiduciary relationship with the deceased. Further, nothing contained in this chapter may be construed to prohibit the sale of burial vaults by persons engaged in the business of operating a commercial cemetery.
Section 40-19-310. (A) The provisions of this chapter do not apply to the preparation and burial of dead bodies of paupers or of inmates of state institutions when the paupers or inmates are buried at the expense of the State.
(B) Nothing in this chapter alters the responsibilities of the board or limits the board in carrying out its duties and responsibilities as required in Chapters 7 and 8, Title 32.
Section 40-19-320. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION 2. Of the members first appointed to the South Carolina State Board of Funeral Service, as provided for in Section 40-19-10, as amended in Section 1 of this act, three shall serve terms of one year, four shall serve terms of two years, and four shall serve terms of three years as determined by lot at the first meeting of the board as constituted under this act.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Thomas L. Moore /s/Harry R. Askins /s/William H. O'Dell /s/Wilbur L. Cave /s/Thomas C. Alexander /s/William E. Sandifer III On Part of the Senate. On Part of the House.
Rep. SANDIFER explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Bryan, Hayes and Rankin of the Committee of Conference on the part of the Senate on H. 4755:
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Passailaigue, Courtney and Glover of the Committee of Conference on the part of the Senate on H. 3603:
H. 3603 -- Reps. Allison, Rice, Barrett, Seithel, Leach, Chellis, Simrill, Hinson, Spearman, Phillips, Bailey, Cato, McCraw, Sandifer, Walker, Limbaugh, Riser, Kinon, Young, R. Smith, Easterday, Rhoad, Mason, Gamble, Harvin, Bauer, Moody-Lawrence, Miller, Stuart, Limehouse, McMaster and Battle: A BILL TO AMEND SECTION 20-7-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL CONDUCT TOWARD A CHILD BY PERSONS HAVING CHARGE OR CUSTODY OF THE CHILD, SO AS TO SUBSTITUTE A PERSON RESIDING IN THE HOUSE OF A CHILD, OR HAVING RECURRING ACCESS TO A CHILD, OR WHO HAS BEEN GIVEN RESPONSIBILITY TO CARE FOR A CHILD IN PLACE OF A PERSON WHO IS RESPONSIBLE FOR THE CARE AND SUPPORT OF A CHILD, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS CHARGE OR CUSTODY OF A CHILD TO PLACE THE CHILD IN A SITUATION THAT WOULD LIKELY LEAD TO ABANDONMENT.
Very respectfully,
President
Received as information.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 5231 -- Rep. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 395 IN NEWBERRY COUNTY FROM THE KEMPSON FERRY BRIDGE TO THE BUSH RIVER BRIDGE AS JUDGE WALTER LAKE ROAD IN MEMORY OF THE LATE HONORABLE WALTER LAKE WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS THE FIRST FAMILY COURT JUDGE FOR THE EIGHTH JUDICIAL CIRCUIT, AS A STATE REPRESENTATIVE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND AS A COMMISSIONER ON THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION.
On motion of Rep. McLEOD, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 5231 -- Rep. McLeod: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 395 IN NEWBERRY COUNTY FROM THE KEMPSON FERRY BRIDGE TO THE BUSH RIVER BRIDGE AS JUDGE WALTER LAKE ROAD IN MEMORY OF THE LATE HONORABLE WALTER LAKE WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF NEWBERRY WITH DISTINCTION AS THE FIRST FAMILY COURT JUDGE FOR THE EIGHTH JUDICIAL CIRCUIT, AS A STATE REPRESENTATIVE IN THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES, AND AS A COMMISSIONER ON THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION.
Whereas, the Honorable Walter Lake was born on July 6, 1923 in the Utopia Community of Newberry County to Edwin O. and Bessie Nichols Lake; and
Whereas, Judge Lake was a graduate of Silverstreet High School, Newberry College, and the University of South Carolina School of Law; he served as president of the student body at Newberry College; and
Whereas, he married Annelle Ruff and they were blessed with two children, Susan Annelle Lake and Walter T. Lake, Jr.; and
Whereas, Judge Lake practiced law in Newberry for twenty-eight years until being elected to serve in the newly created family court system as Family Court Judge for the Eighth Judicial Circuit; and
Whereas, he was first elected to the House of Representatives in 1948, at the young age of twenty-five, serving until 1952 and upon re-election, served from 1968 to 1974. From 1956 to 1964 he served as a commissioner on the South Carolina Industrial Commission, now known as the South Carolina Workers' Compensation Commission; and
Whereas, Judge Lake was a great leader and humanitarian. He was dedicated to public service and was known as one of Newberry County's most compassionate public servants. As a leader he was prominent in providing enlightened direction to the county government, the public schools, economic development, and the judiciary in Newberry County; and
Whereas, he was the guiding spirit and operative force in upgrading and improving the road passing through the Utopia Community from the county seat at Newberry to Saluda County via the Kempson Ferry Crossing; and
Whereas, it is fitting and proper that the portion of South Carolina Highway 395 in Newberry County from the Kempson Ferry Bridge to the Bush River Bridge be named "Judge Walter Lake Road" as a lasting tribute to this distinguished South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the Department of Transportation to name the portion of South Carolina Highway 395 in Newberry County from the Kempson Ferry Bridge to the Bush River Bridge as the Judge Walter Lake Road in memory of the late Honorable Walter Lake who served the State of South Carolina and the County of Newberry with distinction as a Family Court Judge for the Eighth Judicial Circuit, as a state representative in the South Carolina House of Representatives, and as a commissioner on the South Carolina Workers' Compensation Commission.
Be it further resolved that a copy of this resolution be forwarded to the family of the late Honorable Walter Lake.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 271 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
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. Chapter 3, Title 40 of the 1976 Code is amended to read:
Section 40-3-10. (1) "Architect" means a person who, by reason of his general knowledge of the principles of architecture acquired by professional education and practical experience, is qualified to engage in the practice of architecture as attested by his registration as an architect.
(2) "Architectural practice" means any service or creative work requiring architectural education, training, and experience, and the application of the principles of architecture and related technical disciplines to the professional services or creative work as consulting, evaluating, planning, designing, specifying, coordinating of consultants, administration of contracts, and reviewing of construction for the purpose of assuring compliance with the specifications and design, in connection with any building, or site development. A person is considered to practice or offer to practice architecture who in any manner represents himself to be an architect, who performs or holds himself out as able to perform any architectural service or other services recognized by educational authorities as architecture.
(3) "Professional degree" means the successful completion of a National Architectural Accrediting Board accredited degree in architecture.
(4) "Responsible charge" means direct control and personal supervision of the practice of architecture.
Section 40-3-20. Any person assuming the title of architect or practicing the profession of architecture in this State must be skilled in the principles of design and construction so that he may be entrusted with the design and review of construction of buildings without undue risk to the public safety. Before assuming the title or undertaking the work, he shall have a certificate of registration from the State Board of Architectural Examiners.
Section 40-3-30. The Governor shall appoint a board of examiners to be known as the State Board of Architectural Examiners composed of six persons. One must be a professor of architecture in a university or college controlled by the State who also must be an architect registered in the State of South Carolina, four must be reputable architects engaged in the actual practice of the profession in this State, and one must be a representative of the general public. The first members having been appointed for terms of one, two, three, four, and five years, respectively, in each year as the terms of the members expire, the Governor shall fill the vacancies occurring by appointment under like conditions and qualifications, each appointment to be for a term of five years. Vacancies occurring by reason of death, resignation, or removal must be filled by appointment by the Governor for the unexpired term only.
Section 40-3-40. The members of the board must be compensated for their services at the regular per diem rate established by the General Assembly for other state boards and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board. All costs and expenses may be paid only from the fees and dues received and no claim may be made upon the State Treasury under this chapter.
Section 40-3-50. The board shall organize by the election of a chairman, secretary, and treasurer, shall adopt rules governing its proceedings and shall meet at least once each year. The board shall provide itself with a proper seal, with which all its official documents must be sealed. The board may promulgate regulations governing the practice of architecture and architects not inconsistent with the provisions of this chapter or other existing law and which do not infringe upon the practice of any other profession.
Section 40-3-60. The board shall, at each annual meeting and at other times as it may consider necessary, examine all applicants for admission to practice architecture. These examinations shall consist of an inquiry into the record, character, education, experience, knowledge, attainments, and qualifications of the applicant and may, in the discretion of the board, take the form of written, drawing, or oral tests or an examination of buildings erected by the applicant or photographs, drawings, and specifications of the buildings. After June 30, 1993, applicants not passing all divisions of the examination retain credit for those divisions passed for four years from the date of the examination, after which time those divisions must be retaken. The minimum qualifications for registration are as follows:
(1) Education, the completion of a standard fourteen-unit high school course or the equivalent of the course and courses in mathematics, natural science, history, and language as the board may prescribe. After June 30, 1993, attainment of a National Architectural Accrediting Board accredited professional degree in architecture is required;
(2) Experience, eight years in the employ of a registered practicing architect, covering drafting, designing, computing, estimating, specifications, and review of construction or other comparable experience as the board, by regulation, may prescribe. A professional degree is regarded as equivalent to five years of the required eight years' experience. After June 30, 1993, applicants are required to follow the National Council of Architectural Registration Board's Intern-Architect Development Program adopted by the board by regulation in order to satisfy experience requirements. Changes in the program subsequently adopted by the board shall not affect those persons currently enrolled in a previously adopted IDP program;
(3) Attainments: a sound working knowledge of architectural design, planning, materials, construction, sanitation, mechanical equipment, costs, business administration, building law, and professional practice and ethics;
(4) Once an applicant has qualified to take the Architect Registration Examination, the applicant shall not lose his eligibility because of subsequent changes in the experience requirements.
Any person who is shown upon examination to meet these requirements to the reasonable satisfaction of the board is entitled to a certificate of registration unless he has been convicted of a felony or a crime of moral turpitude, misstated or misrepresented any fact in connection with the application, violated any of the rules of registrant conduct set forth in the law or regulations, or practiced architecture without being registered. If the applicant has committed any of the foregoing acts, the board may register the applicant on the basis of suitable evidence of reform.
Section 40-3-70. An architect registered in another state, territory, or foreign country, having standards of registration equal to those in this State, may be registered upon a satisfactory showing of character and record only.
Section 40-3-80. Every applicant applying for registration in this State shall pay to the board a nonrefundable sum, as determined by the board, not to exceed two hundred dollars, and no applicant may be considered until the fee has been paid. Applicants approved for examination shall pay to the board, prior to being examined, a sum commensurate with the cost of administering the examination, as determined by the board, not to exceed one thousand dollars.
Section 40-3-90. Every architect, architectural firm, architectural business corporation, architectural professional association/corporation, and architectural partnership continuing to practice in this State shall pay to the board each year according to the dates established by the board a fee not to exceed two hundred dollars as determined by the board and upon failure to do so shall have their certificate to practice revoked. The certificate may, however, be renewed at any time within one year from the date of expiration upon payment of the fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the first year.
Section 40-3-100. (a) The right to engage in the practice of architecture is a personal right, based upon the qualifications of the individual evidenced by his registration certificate. The registration is not transferable.
(b) Nothing in subsection (a) of this section shall be construed to prevent the formation of partnerships, business corporations, professional associations, or professional corporations as a vehicle for the practice of architecture subject to the following conditions:
(1) The practice of or offer to practice architecture for others as defined in Section 40-3-10 by individual architects registered under this chapter through a business corporation as officers, employees, or agents, or through a partnership, professional association, or professional corporation as partners, associates, officers, employees, or agents, as may be applicable according to the particular circumstances, or the offering or rendering of architectural services by business corporation, partnership, professional association, or professional corporation through individual architects registered under this chapter is permitted, subject to the provisions of this chapter, if (i) one or more of the corporate officers in the case of a business corporation, or one or more of the partners or associates in the case of a partnership, professional association, or professional corporation, are designated as being responsible for the professional services, as described in Section 40-3-10, of the business corporation, partnership, professional association, or professional corporation and are architects under this chapter, (ii) all personnel of the business corporation, partnership, professional association, or professional corporation, who act in its behalf as architects, are registered under this chapter, and (iii) the business corporation, partnership, professional association, or professional corporation has been issued a certificate of authorization by the board, as provided in item (2).
(2) A business corporation, partnership, professional association, or professional corporation desiring a certificate of authorization shall file with the board an application, on forms provided by the board, listing relevant information, including the names and addresses of all officers and members of the business corporation or officers and partners of the partnership or associates in the professional association or professional corporation and also of an individual or individuals duly registered to practice architecture in this State who are in responsible charge of the practice of architecture in this State through the business corporation, partnership, professional association, or professional corporation and other information required by the board accompanied by an original authorization fee to be determined by the board. A form, giving the same information, must accompany the annual renewal. In the event there should be a change in any of these persons during the year, the change must be designated on the same form and filed with the board within thirty days at the effective date of the change. If all of the requirements of this section are met, the board shall issue a certificate of authorization to the business corporation, partnership, professional association, or professional corporation and the business corporation, partnership, professional association, or professional corporation is authorized to contract for and to collect fees for architectural services.
Section 40-3-110. Every architect, architectural firm, architectural business corporation, architectural professional association, architectural professional corporation, or architectural partnership practicing in this State shall have a seal, the impression of which shall contain the name, the place of business, and the words "Registered Architect, State of South Carolina" with which they shall stamp all drawings, prints, and specifications for use in their profession.
The seal of the individual architect in responsible charge, as well as the seal of the firm, business corporation, professional association, professional corporation, or partnership must appear as an original on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal.
Section 40-3-120. Whenever the board has reason to believe that any registrant has become unfit to practice architecture or has violated any of the provisions of this chapter or regulation of the board, or whenever a written complaint charging the holder of a registration certificate with the violation of any provision of this chapter is filed with the board, the board shall initiate an investigation within thirty days. If after investigation it appears that probable cause exists for a hearing, a time and place must be set by the board for a hearing to determine whether or not the registration must be suspended or revoked or other disciplinary action taken. No action may be taken by the board until the registrant has been furnished with a statement of the charges against him and by whom he is charged and the names and addresses of all witnesses against him and a notice of the time and place of the hearing on the charges pursuant to the Administrative Procedures Act (Section 1-23-310 et seq.). The notice and statement of charges must be sent to the accused by certified mail return receipt requested at his last known place of residence. The accused may appear and show cause why his registration should not be suspended or revoked or other disciplinary action taken. The accused has the right (a) to be confronted with and to cross-examine the witnesses against him, (b) to have witnesses subpoenaed in his behalf, and (c) to be heard in person and by counsel. Any hearing is open to the public. A stenographic record of each proceeding to revoke, suspend, or otherwise restrict or penalize a registrant must be made at the expense of the board.
If a majority of the board is satisfied that the registrant is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke, suspend, reprimand, or otherwise take any other reasonable action short of revocation or suspension, such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board may also impose restraint upon the registrant as circumstances warrant until the registrant demonstrates to the board adequate professional competence. The board may also impose a civil penalty of up to two thousand dollars for each violation of the provisions of this chapter or the regulations promulgated by the board, but the total of the penalties imposed for these violations may not exceed ten thousand dollars. In all cases where disciplinary action is taken by the board, written notice of the action must then be sent by certified mail return receipt requested by the secretary of the board to the accused at his last known address, as provided to the board.
Any final order of the board finding that a registrant is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order.
Any decision by the board to revoke, suspend, or otherwise restrict the architect's registration or impose a civil penalty must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1.
Section 40-3-125. After notice and hearing, as provided in Section 40-3-120, the board may revoke or suspend the certificate of authorization of any business corporation, partnership, professional association, or professional corporation that is not in compliance with the provisions of Section 40-3-100. The board also may impose a civil penalty of up to two thousand dollars for each violation of the provisions of this chapter or the regulations promulgated by the board, but the total of the penalties for these violations may not exceed ten thousand dollars.
Section 40-3-130. It is a misdemeanor for any person to practice architecture in this State, to use the title "architect", or to use or display any title, sign, word, card, advertisement, or other device or method to indicate that the person practices or offers to practice architecture or is an architect, without being registered as an architect, as provided by law. It is also unlawful to give false testimony or knowingly offer forged evidence to the board or any member of the board; or to falsely impersonate any registered architect; or to violate the provisions of this chapter or any other law of this State relating to the registration of architects.
Section 40-3-135. The board or any member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 shall enforce any subpoena issued pursuant to this section.
Section 40-3-140. As cumulative of any other remedy or criminal prosecution, whenever it appears to the board that any person violated any of the provisions of this chapter, or the regulations or orders of the board, or any of the laws of this State relating to architecture, the board may file a suit in equity in its own name or in the name of the state, on its own relation and by its counsel with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, alleging the facts and praying for a temporary restraining order or permanent injunction against the person, restraining him from violating the law, order, or regulation or commanding him to obey the law, order, or regulation.
Upon proper application and showing that the person is not registered, or that a renewal certificate has not been applied for, or that registration has been denied, revoked, or suspended, or that the law, order, or regulation has been or is about to be violated or disobeyed, which showing may be made by affidavit, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 shall issue a temporary restraining order or injunction and, upon final hearing, shall grant and issue an injunction, including mandatory injunction, upon finding the truth and sufficiency of the allegations of the petition. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may enforce the injunction by punishment for contempt and by any other process permitted to circuit courts and make other orders in its discretion. The injunction may be limited in time, perpetual or conditional, as may be necessary and proper to the enforcement of this chapter, or the regulations or orders of the board, or the law of this State relating to architecture.
Section 40-3-150. Any person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than five thousand dollars, or be imprisoned for not less than thirty days nor more than six months, or both, within the discretion of the court.
Section 40-3-160. (1) Nothing in this chapter prohibits a general contractor or a home builder from the preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements of this chapter.
(2) Nothing in this chapter prevents or affects the practice of any other legally recognized profession.
(3) If the drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparations of plans and specifications for:
(a) a building which is to be used for farm purposes only;
(b) a building less than three stories high and containing less than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;
(c) a detached single-family or two-family dwelling, as defined in Group R3 of the Standard Building Code, regardless of size, with each unit having a grade level exit and any sheds, storage buildings, and garages incidental thereto;
(d) alterations to any buildings to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building.
(4) Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 21 of Title 40, nor architectural work incidental to the practice of engineering.
Section 40-3-165. Architects shall not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. Provided, however, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined.
Section 40-3-170. Service of any notice provided for by law upon any nonresident architect who has been admitted to the practice of architecture or upon any resident architect who, having been admitted, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the executive director of the board a copy of this notice and any accompanying documents and by sending to the architect by certified mail an attested copy, with an endorsement on the copy of the service upon the executive director, addressed to the architect at his last known address.
The return receipt for the certified mail must be attached to and made a part of the return of service of the notice by the board. The chairman of the board before which there was pending any proceeding in which notice has been given, as provided in this section, may order a continuance as may be necessary to afford the architect reasonable opportunity to appear and defend. The executive director shall keep a record of the day of the service of the notice and any accompanying documents.
Section 40-3-180. It is the duty of the building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, to be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.
Section 40-3-5. Unless otherwise provided in this chapter, Article 1, Chapter 1 applies to architects; however, if there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-3-10. (A) There is created the Board of Architectural Examiners under the administration of the Department of Labor, Licensing and Regulation. The purpose of this board is to regulate the practice of architecture in South Carolina.
(B) The Board of Architectural Examiners consists of six persons. One must be a professor of architecture in a university or college controlled by the State who also must be an architect registered in the State of South Carolina, four must be architects engaged in the practice of architecture in this State, and one must be a representative of the general public. Members serve terms of five years and until their successors are appointed and qualify. No member may serve more than two consecutive full terms, except the professor of architecture member. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.
(C) Nominations for appointment to the board may be submitted to the Governor from the board or any individual, group, or association.
Section 40-3-20. (1) 'Architect' means an individual who, by reason of the individual's general knowledge of the principles of architecture acquired by professional education and practical experience, is qualified to engage in the practice of architecture as attested by the individual's registration as an architect.
(2) 'Board' means the Board of Architectural Examiners.
(3) 'Firm' means a business entity functioning as a partnership, limited liability partnership, professional association, professional corporation, business corporation, limited liability company, or other firm association which practices or offers to practice architecture.
(4) 'Full authority' means that amount of authority granted to a regularly employed individual in unrestricted, unchecked, and unqualified command of the architectural practice of a firm.
(5) 'Individual' means a single human being.
(6) 'Practice of architecture' means a service or creative work requiring architectural education, training, and experience, and the application of the principles of architecture and related technical disciplines to the professional services or creative work as consulting, evaluating, planning, designing, specifying, coordinating of consultants, administration of contracts, and reviewing of construction for the purpose of assuring compliance with the specifications and design, in connection with a building or site development.
(7) 'Professional degree' means the successful completion of a National Architectural Accrediting Board accredited degree in architecture.
(8) 'Responsible charge' means direct control and personal supervision of the practice of architecture.
Section 40-3-30. (A) No individual may engage in the practice of architecture without a license issued in accordance with this chapter. An individual is considered to engage in the practice of or offer to engage in the practice of architecture who in any manner represents himself to be an architect, who performs or holds himself out as able to perform any architectural service or other services recognized by educational authorities as architecture.
(B) Only an individual licensed under this chapter may use the title 'architect'. An individual assuming the title of architect or engaging in the practice of architecture in this State must be skilled in the principles of design and construction so that the individual may be entrusted with the design and review of construction of buildings without undue risk to the public safety. Before assuming the title 'architect' or undertaking the work, the individual shall have a certificate of registration from the board.
(C) A firm offering to engage in the practice of architecture in this State must have a certificate of authorization issued by the board before undertaking architectural work. Each firm must employ one or more architects registered in this State who are designated as being in full authority and responsible charge of the architectural practice. Additionally, all personnel of the firm who act in its behalf as architects in this State must be registered under this chapter and must hold a current registration. If there is a change in ownership, management, or the architect in responsible charge during the year, the change must be filed with the board within thirty days.
(D) It is unlawful for an individual or firm to engage in the practice of architecture in this State, to use the title 'architect', or to use or display any title, sign, word, card, advertisement, or other device or method to indicate that the individual or firm engages in or offers to engage in the practice of architecture or is an architect, without being registered as an architect or firm.
Section 40-3-50. (A) The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 40-1-50.
(B) Fees for examination, licensure, renewal, and other assessments must be established by the board in regulation. Applicants must be notified of the fee amount before payment.
Section 40-3-60. The board may adopt rules governing its proceedings and shall elect a chairman, vice-chairman, and secretary who shall serve a term of one year. The board may promulgate regulations necessary to carry out the provisions of this chapter and shall adopt a seal with which all its official documents must be sealed.
Section 40-3-70. In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-3-80. (A) If the director of the Department of Labor, Licensing and Regulation or the board has reason to believe that an individual or firm has become unfit to engage in the practice of architecture or has violated a provision of this chapter or a regulation promulgated under this chapter, if an individual files a written complaint with the board or the director of the Department of Labor, Licensing and Regulation, charging an individual or firm with the violation of a provision of this chapter or a regulation promulgated under this chapter, the director or board may initiate an investigation.
(B) The board or a member of the board may issue subpoenas to compel the attendance of witnesses and the production of documents and also may administer oaths, take testimony, hear proofs, and receive exhibits in evidence for all purposes required in the discharge of duties under this chapter.
Section 40-3-90. Any hearing that is conducted as a result of an investigation must be conducted in accordance with Section 40-1-90.
Section 40-3-100. In addition to other remedies provided in this chapter or Article 1, Chapter 1, the board in accordance with Section 40-1-100 also may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-3-110. The board may cancel, fine, suspend, revoke, or restrict the authorization to practice architecture of an individual who has had a license to practice a profession or occupation regulated under Title 40 canceled, revoked, or suspended or who has otherwise been disciplined.
Section 40-3-115. The board has jurisdiction over the actions of licensees and former licensees as provided in Section 40-1-115.
Section 40-3-120. (A) The board may impose a civil fine of up to two thousand dollars for each violation of a provision of this chapter or a regulation promulgated under this chapter; however, the total fines may not exceed ten thousand dollars.
(B) A final order of the board finding that a registrant is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or imposing a private reprimand.
Section 40-3-130. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-3-140. A license may be denied based on a person's prior criminal record only as provided in Section 40-1-140.
Section 40-3-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-3-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-3-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-3-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-3-190. Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided in Section 40-1-190.
Section 40-3-200. A person who engages in or offers to engage in the practice of architecture in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars.
Section 40-3-210. The Department of Labor, Licensing and Regulation on behalf of the board and in accordance with Section 40-1-120, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-3-230. (A) The privilege of engaging in the practice of architecture is a personal privilege based upon the qualifications of the individual and evidenced by the person's registration certificate which is not transferable.
(B) The board shall review the application of all applicants for admission to practice architecture. The review shall consist of an inquiry into the record, character, education, experience, knowledge, and qualifications of the applicant. An applicant approved by the board as qualified must take the National Council of Architectural Registration Boards Architect Registration Examination (A.R.E.).
(C) To be licensed as an architect, an individual must:
(1) have a professional degree in architecture from a school or college program accredited by the National Architectural Accrediting Board (NAAB). The school or program must be accredited by NAAB not later than two years after the applicant's graduation. Foreign-educated applicants who do not hold an NAAB accredited degree may have their educational credentials evaluated through Education Evaluation Services for Architects (EESA) to determine if their foreign degree is equivalent to an NAAB professional degree in architecture. Additionally, foreign educated applicants must satisfy National Council of Architectural Registration Boards' general educational requirements;
(2) have satisfactorily completed the training requirements established by the National Council of Architectural Registration Boards (NCARB) for the Intern Development Program (IDP). Changes in the program subsequently adopted by the board do not affect those persons currently enrolled in a previously adopted IDP program;
(3) have attained a passing score on all subject areas of the NCARB Architect Registration Examination (A.R.E.). Subject areas may include, but are not limited to, predesign, site design, building design, structural technology, materials and methods of construction, mechanical, plumbing, electrical, acoustical, life safety systems, and construction documents and services.
(D) An applicant may not be licensed as an architect if the individual has been convicted of a felony or a crime of moral turpitude, misstated or misrepresented any fact in connection with the application, violated any of the rules of registrant conduct set forth in the law or regulations, or practiced architecture without being registered. However, if an applicant has committed any of these acts, the board may register the applicant on the basis of suitable evidence of reform.
Section 40-3-240. (A) An application for licensure must be made on board application forms. A completed application signed and sworn to by the applicant must be filed with the board office and must be accompanied by all applicable fees. No application may be considered until the fees have been paid.
(B) The Architectural Registration Examination will be administered in a format and manner prescribed by the National Council of Architectural Registration Boards (NCARB) to all applicants for initial licensure. Applicants must pass all subject areas. Scores for the individual subject areas cannot be averaged. Applicants not passing all subject areas of the examination retain credit for those subject areas passed for four years from the date of the examination, after which time those subject areas must be retaken.
(C) An applicant must satisfy the requirements of Section 40-3-230(C)(1) and (2) in order to be approved by the board to take the Architectural Registration Examination. Once an applicant has been approved to take the examination, the applicant does not lose eligibility because of subsequent changes in the education or experience requirements.
(D) The board may accept transfer credits for individual subject areas of the examination passed by the applicant from another jurisdiction.
Section 40-3-250. (A) An individual and firm licensed under this chapter shall satisfy license renewal requirements as established by the board in regulation and annually shall pay the required renewal fee on a date set by the board in order to continue practicing architecture in South Carolina.
(B) Both individual and firm certificates may be renewed at any time within one year from the date of expiration upon payment of the established fee and a penalty of fifty dollars during the first thirty days and an additional one hundred dollars thereafter during the year.
(C) If an individual or firm fails to renew within one year from the date of expiration, the certificate may be reissued upon submission of a new application accompanied by the application fee and approval by the board.
Section 40-3-260. An architect registered in another state, territory, or foreign country, having standards of registration equal to those in this State, may be registered upon a satisfactory showing of character and record only.
Section 40-3-270. (A) A firm desiring a certification of authorization shall file with the board an application on forms provided by the board and pay an application fee. Before a certificate of authorization may be issued to an out-of-state business or professional corporation, the corporation must be approved to transact business in this State. A copy of the approved certificate of authority issued by the State must be filed with the board application.
(B) A firm must maintain on file in the board office the name of the individual in full authority and responsible charge and written evidence of authority. Failure to provide accurate and timely information may constitute a violation of this subsection.
(C) For the purpose of this chapter, a sole proprietorship means a business in which one or more registered architects are engaged as employees; however, the practice must be conducted under the name registered with the board as an individual (i.e., John Doe, Architect). Any other practice name, i.e., Doe & Company, or Doe & Associates, requires a certification of authorization to practice.
(D) If a South Carolina firm seeks to register under a name referring to persons rather than a trade name, the persons referred to in the firm's name must be licensed as individual architects, engineers, land surveyors, or landscape architects in this State.
(E) If an out-of-state firm seeks to register under a name referring to persons rather than a trade name, the persons referred to in the firm's name must be licensed as individual architects, engineers, land surveyors, or landscape architects in this State or in another state or jurisdiction.
(F) The requirement to obtain a certificate of authorization applies to associations for one or more projects but does not apply to an out-of-state firm or individual retained by a registered South Carolina architect as a consultant only.
(G) A registered architect practicing in his name who does not employ a registered architect is not required to obtain a certificate of authority.
Section 40-3-280. (A) Every architect and firm practicing in this State shall have a seal, the impression of which shall contain the name, the place of business, and the words 'Registered Architect, State of South Carolina' with which they shall stamp all drawings, prints, and specifications for use in their profession.
(B) The seal of the individual architect in responsible charge, as well as the seal of the firm, must appear as an original on each print of the drawings and the index sheet, or sheets, of each set of specifications offered to secure a building permit and one record set for use on the construction site. The required seal identification may be a rubber stamp impression placed on original drawings and specification copy. The architect in responsible charge shall affix his signature over his seal.
Section 40-3-290. (A) Nothing in this chapter prohibits a general contractor or a home builder from the preparation and use of details and shop drawings, assembly or erection drawings, or graphic descriptions used to detail or illustrate a portion of the work required to construct the project in accordance with the plans and specifications prepared or to be prepared under the requirements of this chapter.
(B) Nothing in this chapter prevents or affects the practice of any other legally recognized profession.
(C) If the drawings and specifications are signed by the authors with the true title of their occupations, this chapter does not apply to the preparations of plans and specifications for:
(1) a building which is to be used for farm purposes only;
(2) a building less than three stories high and containing fewer than five thousand square feet of total floor area except buildings of assembly, institutional, educational, and hazardous occupancies as defined by the Standard Building Code, regardless of area;
(3) a detached single-family or two-family dwelling, as defined in Group R3 of the Standard Building Code, regardless of size, with each unit having a grade level exit and sheds, storage buildings, and garages incidental to the dwelling;
(4) alterations to a building to which this chapter does not apply, if the alterations do not increase the areas and capacities beyond the limits of this chapter or affect the structural safety of the building.
(D) Nothing in this chapter prevents or affects the practice of engineering, as defined in Chapter 22 of Title 40, or architectural work incidental to the practice of engineering.
Section 40-3-300. An architect may not enter into a contract for professional services on any basis other than direct negotiation thereby precluding participation in any system requiring a comparison of compensation. However, an architect may state compensation to a prospective client in direct negotiation where architectural services necessary to protect the public health, safety, and welfare have been defined.
Section 40-3-310. (A) Service of a notice provided for by law upon a nonresident architect who has been admitted to the practice of architecture or upon a resident architect who, having been admitted, subsequently becomes a nonresident or after due diligence cannot be found at his usual abode or place of business in this State, may be made by leaving with the administrator of the board a copy of the notice and any accompanying documents and by sending to the architect by certified mail an attested copy, with an endorsement on the copy of the service upon the administrator, addressed to the architect at his last known address.
(B) The return receipt for the certified mail must be attached to and made a part of the return of service of the notice by the board. The chairman of the board before which there was pending a proceeding in which notice has been given, as provided in this section, may order a continuance as may be necessary to afford the architect reasonable opportunity to appear and defend. The administrator shall keep a record of the day of the service of the notice and any accompanying documents.
Section 40-3-320. The building official or other authority charged with the responsibility of issuing building or other similar permits of any county, municipality, or other subdivision, before issuing the permit, must be in possession of a sealed set of plans and specifications for which the seal of a registered architect is required and to verify that the architect who sealed the architectural plans and specifications is an architect registered in South Carolina.
Section 40-3-330. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION 2. This act takes effect July 1, 1997./
Amend title to conform.
/s/Thomas L. Moore /s/James N. Law /s/William H. O'Dell Olin R. Phillips /s/Thomas C. Alexander /s/Teddy N. Trotter On Part of the Senate. On Part of the House.
Rep. LAW explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The House stood at ease subject to the call of Chair.
At 12:25 P.M. the House resumed, the SPEAKER in the Chair.
The motion of Rep. QUINN to reconsider the vote whereby Amendment No. 1 was adopted on the following Concurrent Resolution was taken up.
S. 719 -- Senator Jackson: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF TRANSPORTATION TO CAUSE TO BE ERECTED ALONG POE AVENUE NEAR THE FORT MOULTRIE NATIONAL MONUMENT ON SULLIVAN'S ISLAND A HISTORICAL MARKER THAT RECOGNIZES THE ROLE OF SULLIVAN'S ISLAND AS A POINT OF ENTRY OF AFRICAN-AMERICANS INTO THIS COUNTRY.
Rep. QUINN moved to table the motion to reconsider, which was agreed to.
Rep. RODGERS made a statement relative to Rep. MULLEN's service in the House.
Rep. MULLEN made a statement relative to her service in the House.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Martin and Anderson of the Committee of Conference on the part of the Senate on H. 4975:
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 719:
S. 719 -- Senator Jackson: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF ARCHIVES AND HISTORY AND THE DEPARTMENT OF TRANSPORTATION TO CAUSE TO BE ERECTED ALONG POE AVENUE NEAR THE FORT MOULTRIE NATIONAL MONUMENT ON SULLIVAN'S ISLAND A HISTORICAL MARKER THAT RECOGNIZES THE ROLE OF SULLIVAN'S ISLAND AS A POINT OF ENTRY OF AFRICAN-AMERICANS INTO THIS COUNTRY.
Very respectfully,
President
Received as information.
Rep. JENNINGS 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.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Bailey Barfield Battle Baxley Bowers Brown, H. Brown, J. Brown, T. Byrd Carnell Cato Cave Chellis Clyburn Cotty Delleney Edge Emory Felder Gamble Gourdine Govan Hamilton Harris Harvin Haskins Hines, M. Howard Inabinett Jennings Keegan Kelley Kinon Klauber Leach Limehouse Littlejohn Loftis Mack Maddox McGee McLeod McMahand McMaster Miller Moody-Lawrence Mullen Neal Neilson Pinckney Rhoad Riser Rodgers Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Townsend Tripp Trotter Webb Whipper Wilder Wilkins Woodrum Young Young-Brickell
Those who voted in the negative are:
Altman Barrett Bauer Beck Brown, G. Campsen Dantzler Davenport Fleming Harrell Kennedy Kirsh Knotts Koon Lanford Lee Lloyd Mason Scott Seithel Whatley Wilkes
So, Free Conference Powers were rejected.
I missed roll call vote. I would have voted yes. I was unable to vote because I was in the lobby for business reasons.
Please let the records reflect.
Rep. SHIRLEY R. HINSON
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1266:
S. 1266 -- Senator Land: A BILL TO AMEND ACT 959 OF 1972 SO AS TO REVISE THE GOVERNANCE OF THE VOCATIONAL EDUCATIONAL SCHOOL FOR CLARENDON COUNTY.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. J. BROWN moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised. A quorum was later present.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Anderson, Wilson and Giese of the Committee of Conference on the part of the Senate on S. 1025:
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 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. 4802:
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration.
H. 4821 -- Rep. Jennings: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-735 SO AS TO PROHIBIT THE IMPERSONATION OF A STATE OR LOCAL OFFICIAL OR EMPLOYEE IN CONNECTION WITH A SHAM LEGAL PROCESS AND TO PROVIDE PENALTIES; TO AMEND CHAPTER 9, TITLE 30, RELATING TO INDEXING AND FILING OF WRITTEN INSTRUMENTS, BY ADDING SECTION 30-9-35 SO AS TO PROHIBIT THE FILING OF A JUDGMENT OR OTHER LIEN AGAINST A FEDERAL, STATE, OR LOCAL OFFICIAL OR EMPLOYEE WITHOUT A COURT OR ADMINISTRATIVE ORDER OR OTHER PROPER AUTHORIZATION, TO PROVIDE A PROCEDURE FOR REMOVING AN INVALID LIEN, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON INJURED BY THE FILING OF AN INVALID LIEN; AND TO AMEND SECTION 30-9-30, AS AMENDED, RELATING TO FILING OF WRITTEN INSTRUMENTS, SO AS TO ALLOW A CLERK OF COURT OR REGISTER OF DEEDS TO REFUSE TO ACCEPT A DOCUMENT FOR FILING IF HE REASONABLY BELIEVES IT IS FALSE OR FRAUDULENT OR IS A SHAM LEGAL PROCESS.
The 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. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
Reps. WILKINS and HARRISON proposed the following Amendment No. 2A (Doc Name P:\AMEND\GJK\21617AC.98), which was adopted.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Section 20-3-180 of the 1976 Code is amended to read:
"Section 20-3-180. The court may, upon the granting of final judgment of divorce or an order of separate maintenance, may allow a wife party to resume her maiden name a former surname or the name surname of any a former husband spouse."
SECTION 2. Section 20-7-420(8) of the 1976 Code is amended to read:
"(8) To hear and determine actions for changing names, whether in connection with a divorce or a separate support and maintenance action or apart therefrom."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
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.
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
The 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 following Bill was taken up.
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.
Rep. HARRISON moved to recommit the Bill, which was agreed to.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
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. Chapter 13, Title 40 of the 1976 Code is amended to read:
Section 40-13-5. (1) 'Cosmetology' means engaging in any one or a combination of the following practices, when done for compensation either directly or indirectly: arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair of any person, or wig or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances, or by the use of cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations, or otherwise, or by waxing, tweezing, cleansing, stimulation, manipulating, beautifying, or similar work, the scalp, face, neck, arms, hands, or by manicuring or pedicuring the nails of any person, or similar work. No person licensed under this chapter shall use any substance or device which is proscribed for cosmetic use by state or federal agencies.
(2) 'Cosmetologist' means any person, not a student, who is licensed to practice cosmetology.
(3) 'Manicurist' means any person who is licensed to practice manicuring or pedicuring the nails or similar work.
(4) 'Esthetician' means any person who is licensed to practice skin care, make-up or similar work. Skin care shall be limited to moisturizing, cleansing, or facial or neck massage for the sole purpose of beautifying the skin.
(5) 'Student' means any person who is engaged in learning or acquiring the practices of cosmetology and, while so learning, performs or assists in any of the practices of cosmetology in a school licensed under this chapter and under the instruction or immediate supervision of an instructor, licensed under this chapter.
(6) 'Instructor' means any person who is licensed to teach cosmetology or any practices thereof in accordance with this chapter.
(7) 'Place of Cosmetology', or 'Beauty Salon', or 'Hairdressing Establishment', hereinafter called 'salon', means any building, or any place or part thereof, in which cosmetology or any of its practices are performed on the general public for compensation.
(8) 'School of Cosmetology' or 'Beauty School', hereinafter called 'school', means any place or part thereof, in which cosmetology or any of its practices are taught.
Section 40-13-15. Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of such establishments. No school shall operate in conjunction with a salon or any other business or have doors which interconnect with such salons or other businesses.
This chapter shall not be construed to affect the operation of any beauty shop, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned.
Section 40-13-20. No person shall engage in, or attempt to engage in, or be employed to practice as a cosmetologist, manicurist, esthetician, or instructor, or operate a salon or school without having first obtained a license from the State Board of Cosmetology.
Section 40-13-30. The State Board of Cosmetology is created composed of seven members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired terms. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments are made. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years before appointment. Two members must not be connected with the practice of cosmetology. One member must be either an esthetician or a manicurist.
No appointed member of the board may serve more than two consecutive terms on the board. Members of the present board are eligible for reappointment for one more term, if they have not served two consecutive terms.
It is unlawful for a member of the board appointed or reappointed after July 1, 1981, or an inspector or employee of the board, or spouse, to own an interest in a cosmetology school or substantial interest in a company which deals in wholesale sales or services to beauty salons.
The member of the board who is not connected with the practice of cosmetology has all rights and privileges of other members of the board except he may not participate in the examination of an applicant for a license.
Section 40-13-35. There is created an Advisory Committee (committee) to the State Board of Cosmetology (board) composed of six members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies on the committee shall be filled in the manner of original appointment for the unexpired term. No member shall be allowed to succeed himself.
The following associations or groups shall recommend one person to the Governor for appointment to the committee: the South Carolina Registered Cosmetologist Association, the South Carolina State Cosmetologist Association, the South Carolina Vocational Directors Association, the South Carolina Association of Cosmetology Schools, the South Carolina Beauty Supply Dealers, and the teachers of cosmetology in vocational or private schools.
Such recommendations shall be submitted to the Governor not later than the thirty-first day of December of the year prior to the year in which appointments are made. The Governor may reject any person recommended for appointment upon a satisfactory showing that the person is unfit to serve. If a person is rejected, the group or association which recommended him shall submit additional names to the Governor for consideration.
The terms of the members of the committee shall commence on the first day of April, beginning with April 1, 1983, for initial terms; provided, that the initial terms of the members recommended by the South Carolina Registered Cosmetologist Association, the South Carolina State Cosmetologist Association, and the South Carolina Vocational Directors Association shall be for two years; provided, further, that these three members shall be allowed to succeed to a full four-year term of service on the committee if recommended and appointed pursuant to the provisions of this section.
Committee members shall serve without compensation. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings shall be kept by the board as part of its public record.
Section 40-13-40. Members of the board shall receive no salary but shall be allowed the usual mileage, subsistence and per diem authorized by law for state boards, committees, and commissions not to exceed fifteen days in any one month.
Section 40-13-50. (1) The board shall adopt and use a common seal for the authentication of its orders and records.
(2) The books and records of the board shall constitute public records, and shall be open for public inspection at all reasonable times.
Section 40-13-60. The board shall elect its own officers. The Director of the Department of Labor, Licensing, and Regulation may appoint a full-time secretary and any other employees, pursuant to Section 40-73-15, as may be necessary to carry out the work of the board. The compensation and expenses of the members of the board, the salaries of the secretary and the clerical employees, and all other expenses of the board shall be paid from appropriations of the General Assembly based on fees collected under the provisions of this chapter and deposited in accordance with Section 40-13-70. The secretary shall keep all records of the board, issue necessary notices to the licensees and perform such other duties, clerical and otherwise, as defined by the Director of the Department of Labor, Licensing, and Regulation. Such secretary shall furnish bond to the board with a duly licensed bonding company doing business in this State in the penal sum of ten thousand dollars conditioned on the faithful performance of the duties of his office.
Section 40-13-70. All revenues and income from licenses, examination fees, other fees, sale of commodities and services, and income derived from any other board source or activity shall be remitted to the State Treasurer as collected, and shall be deposited in the general fund of the State.
Section 40-13-80 The board shall:
(1) Establish suitable procedures for carrying out its duties pursuant to the provisions of this chapter.
(2) Adopt and revise regulations consistent with this chapter, as may be necessary to carry out the provisions of the chapter.
(3) Initiate prosecution of persons violating the provisions of this chapter.
(4) Establish and collect license and other fees and assessments provided for in this chapter in amounts sufficient to fund the annual appropriations to the board.
(5) Monitor the professional and ethical competence of licensees.
(6) Order the revocation, suspension, or otherwise restrict the license of licensees or take other disciplinary action against them when appropriate. Such actions shall be taken pursuant to the relevant provisions of the Administrative Procedures Act.
Section 40-13-90. (1) A license as a cosmetologist shall be issued by the board to any person who:
(a) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or equivalent as established by psychological examinations determined by a certified psychologist or successfully passes a standardized test given by a vocational rehabilitation counselor;
(b) has completed at least one thousand five hundred hours in classes in cosmetology in a reliable school approved by the board, or is a registered master hair care specialist under the provisions of Chapter 7 of this title who has satisfied educational requirements established by the board by regulation;
(c) passes the examination prescribed by the board and pays the required fee.
(2) A license as an esthetician shall be issued by the board to any person who:
(a) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or equivalent as established by psychological examinations determined by a certified psychologist or successfully passes a standardized test given by a vocational rehabilitation counselor;
(b) has completed at least four hundred fifty hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board;
(c) passes the examination prescribed by the board and pays the required fee.
(3) A license as a manicurist shall be issued by the board to any person who:
(a) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or equivalent as established by psychological examinations determined by a certified psychologist or successfully passes a standardized test given by a vocational rehabilitation counselor;
(b) has completed at least three hundred hours in classes in manicuring in a reliable school approved by the board or comparable training approved by the board;
(c) passes the examination prescribed by the board and pays the required fee.
Section 4-13-100. (1) Each applicant for an examination shall make application to the board on forms prepared and furnished by the secretary. Such application shall include the applicant's oath as to the truth of the contents of the application. The application shall be accompanied by the required examination fee.
(2) Upon approval of an application for examination for a cosmetologist, esthetician or manicurist license or the opening of a salon, the board may issue a temporary work permit valid for a period not to exceed sixty days which, in the case of a cosmetologist, esthetician or manicurist applicant, will allow them to practice until receipt of license and, in the case of a salon, allow them to operate such salon until an inspection is made by the board or its agent to determine whether the salon has satisfactory facilities, equipment, and sanitary and safety conditions on the premises for which the license is applied for.
Section 40-13-110. The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians or manicurists not less than three times each year, at such times and places as the board may determine. The examination of applicants for any license under this chapter shall be conducted under rules prescribed by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Such examinations shall be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter.
Section 40-13-120. The board may grant to residents of other states or the District of Columbia full reciprocity with respect to practicing cosmetology, esthetics or manicuring in this State when such persons are properly licensed and registered under the laws of any other state or the District of Columbia and are otherwise qualified.
Section 40-13-130. Application, registration, and license fees collected by the board are not refundable.
Section 40-13-140. Every holder of a license under this chapter shall display it in a conspicuous place adjacent to or near his work chair.
Section 40-13-150. (1) No school shall be affiliated with or located at the same address as a salon operated for profit. All salons and schools shall have running hot and cold water and drainage in rooms used for salons or schools. The owner or manager of any salon or school shall not permit a person to sleep in, or use for residential purposes, any room used wholly or partly as a salon or school.
(2) The members of the board, or their authorized agents, may enter any salon or school at any reasonable time for purposes of inspection.
Section 40-13-160. The board is authorized to promulgate regulations to implement the provisions of this chapter. Regulations relating to the sanitary management of salons and schools shall not be promulgated by the board until approved by the Department of Health and Environmental Control.
Section 40-13-170. (1) Any person, firm, corporation or association may apply to the board for licensing of a salon by filing an application form prescribed by the board and paying the original fee.
(2) Upon approval of a salon, a salon license shall be issued and it shall be displayed in a conspicuous place. The license shall be valid only for the location named on it and it shall not be transferable.
(3) Any salon shall fully comply with all provisions of this chapter applicable thereto and with all rules and regulations promulgated by the board.
Section 40-13-180. A minimum curriculum for schools and minimum qualifications for teachers therein shall be prescribed by the board. The board shall issue a teacher's license to anyone who meets the prescribed qualifications upon payment of the fee for teacher's examination and the license fee. The teacher's license shall be renewed annually upon the payment of a renewal fee by the teacher and upon proof to the board of the teacher having had advanced training approved by the board during the year.
Section 40-13-190. Upon approval of a school by the board, a license shall be issued and be displayed in a conspicuous place at the school. The license shall be valid only for the location named on it, and it shall not be transferable.
Section 40-13-200. The owner or manager of a school shall enter into a written contract with each student before permitting him to attend classes. The contract shall be executed in triplicate. The original shall be retained by the school, the first copy given to the student, and the second copy filed with the board. The contract shall contain certification that the student is at least sixteen years of age or will have attained such age prior to the completion of the course of instruction and possesses at least a tenth grade education, as certified by the school last attended, or the equivalent thereof as established by tests used in public schools or as established by psychological examinations determined by a certified psychologist.
Section 40-13-210. (1) Any person, firm, corporation or association may apply to the board for licensing of a school by filing a form prescribed by the board and paying the original license fee. Applicants shall at the time of application submit a detailed floor plan and a true copy of their form for students' contracts. They shall also furnish a bond to the board issued by a licensed bonding company doing business in this State. Such bond shall be in the penal sum of five thousand dollars and shall be conditioned upon the faithful performance of the terms and conditions of all contracts entered into between the owner or manager of the school and all persons enrolling therein. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the contract between him and the owner or manager of the school.
(2) All licensed schools shall fully comply with the provisions of this chapter applicable thereto, and with the rules and regulations promulgated by the board.
(3) No license for a school shall be issued unless the owner presents evidence satisfactory to the board that he has adequate school facilities and equipment and that each instructor holds a valid instructor's license.
Section 40-13-220. It shall be unlawful to operate any school without a license or to violate any of the provisions of this chapter relating to schools; provided, however, a school may be operated in and as part of an accredited high school, trade school or industrial school, and any school so operated shall be exempt from the requirements of this chapter as to school licensing, execution of a bond and entering into contracts with its students.
Section 40-13-230. A copy of sanitary rules and regulations adopted by the board shall be furnished by the board to the owner or manager of each salon or school in the State, and such copy shall be posted in a conspicuous place in each salon and school.
Section 40-13-240. (1) The holder of any individual license issued by the board shall annually on such date as may be designated by the board, renew his or her license and pay the renewal fee and furnish proof to the board that he or she has completed continuing education approved by the board.
(2) A license to practice or teach cosmetology or any of its practices which has not been renewed prior to the date designated by the board, shall expire on that date. The holder of the expired license may have the license restored within three years of the date of the expiration, upon the payment of the required renewal fee and satisfactory proof of his or her qualifications to assume the practices. The restoration fee shall be determined by the board.
(3) If a license has been expired for more than three years, the board shall conduct reexamination of the applicant. The examination may include such practical demonstrations and written tests as the board determines to be necessary. The reexamination fee shall be determined by the board.
(4) The holder of a license for a salon or a school shall renew the license annually on a date set by the board by the payment of a renewal fee set by the board.
(5) Application for renewal of a school license shall be accompanied by proof of continued validation of the applicant's surety bond.
Section 40-13-250. Misconduct which constitutes grounds for a revocation, suspension or other restriction of a license or other discipline of a licensee shall be based upon a satisfactory showing to the board of any of the following:
(1) That any false, fraudulent or forged statement has been used, or any fraudulent, deceitful, licentious or dishonest act has been practiced by the holder of a license in connection with any of the licensing requirements;
(2) That the holder of a license is addicted to alcohol or drugs to such an extent as to render him unfit to engage in the practices set forth in this chapter;
(3) That the holder of a license has been convicted of illegal or unauthorized practice in violation of the provisions of his or her license;
(4) That the holder of a license has knowingly performed any act which in any way assists an unlicensed person to practice cosmetology;
(5) That the holder of a license has sustained any physical or mental disability which renders further practice by him or her dangerous to the public;
(6) That the holder of a license has violated the rules and regulations promulgated by the board or any section of this chapter;
(7) That the holder of a license is guilty of engaging in any dishonorable, unethical, or unprofessional conduct that is likely to deceive or harm the public;
(8) That the holder of a license is guilty of the use of any false or fraudulent statement in any document connected with the practice of cosmetology;
(9) That the holder of a license is guilty of the commission of any other act, during the course of practice which constitutes fraud, dishonest dealing, illegality, incompetence or gross negligence.
Section 40-13-255. The holder of a license issued by the board found to be in violation of this chapter, related regulations, or an order of the board is subject to a civil penalty in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars.
Section 40-13-260. (a) For the purpose of any investigation or proceeding under the provisions of this chapter, the board or any person designated by it, may administer oaths and affirmations, subpoena witnesses, take testimony, and require the production of any documents or records which the board deems relevant to the inquiry. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application by the board, may issue an order requiring the person to appear before the board or the person designated by it and produce documentary evidence and to give other evidence concerning the matter under inquiry.
(b) Whenever the board has sufficient evidence that any person is violating any provision of this chapter, it may, in addition to all other remedies, order such person to immediately desist and refrain from such conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from such conduct. An administrative law judge as provided under Article 5 of Chapter 23 of Title 1 may issue a temporary injunction ex parte, and upon notice and full hearing may issue any other order in the matter it deems proper. No bond shall be required of the board by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 as a condition to the issuance of any injunction or order contemplated by the provisions of this chapter.
(c) Every communication, whether oral or written made by or on behalf of any person or firm to the board or any person designated by it to investigate or otherwise hear matters relating to the revocation, suspension or other restriction on a license or other discipline of a licensee, whether by way of complaint or testimony, shall be privileged; and no action or proceeding, civil or criminal, shall lie against any such person or firm by or on whose behalf such communication shall have been made by reason thereof, except upon proof that such communication was made with malice.
(d) No provision of this chapter shall be construed to prohibit the respondent or his legal counsel from exercising the respondent's constitutional right of due process under the law, nor to prohibit the respondent from normal access to the charges and evidence filed against him as part of due process under the law.
Section 40-13-270. The following persons and activities are exempt from the provisions of this chapter while engaged in the proper discharge of their professional duties:
(1) Manufacturers' representatives or sales persons in retail outlets who demonstrate products or techniques for promotional purposes;
(2) Educational activities conducted in connection with any monthly, annual or other special program from which the general public is excluded. This exemption shall apply only to the specific days of the special program.
(3) Any demonstrations conducted by manufacturers and wholesalers for the purpose of exhibiting the technical application and use of products.
Section 40-13-280. Each of the following constitutes a misdemeanor, punishable upon conviction by a fine of not more than two hundred dollars or imprisonment for not more than thirty days for a first offense and for a second or subsequent offense by a fine of not more than five hundred dollars or imprisonment for not more than six months:
(1) The violation of, or the failure to comply with, any of the provisions of Sections 40-13-150, 40-13-200, 40-13-220, or 40-13-230 of this chapter;
(2) Permitting any person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician or manicurist unless that person has a license as a cosmetologist, esthetician or manicurist;
(3) Obtaining or attempting to obtain a license for money other than the required fee, or any other thing of value, or by fraudulent misrepresentation;
(4) Practicing or attempting to practice cosmetology by fraudulent misrepresentation;
(5) The wilful failure to display a salon license as required by Section 40-13-170, a school license as required by Section 40-13-190, or a license as required by Section 40-13-140;
(6) Practicing or attempting to practice cosmetology in any place other than a licensed salon, except in case of an emergency such as illness, invalidism or death, when a licensed operator may perform services for a person in another place by appointment only; and
(7) The wilful and continued violation of the reasonable regulations adopted by the board, and approved by the Department of Health and Environmental Control, for the sanitary management and operation of salons and schools. In addition, the license of any person violating the provisions of this item shall be permanently revoked.
Section 40-13-300. Notwithstanding any other provision of law, the board's decision shall be subject to appeal to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, which shall hear the matter upon petition filed by the licensee with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 and served upon the Secretary of the board within ten days from the date of delivery of the board's decision to licensee. A decision by the board to revoke, suspend, or otherwise restrict a license or limit or otherwise discipline a licensee or one who is found to be practicing as a cosmetologist in non-compliance with this chapter shall not become effective until the tenth day following the date of delivery to the licensee of a written copy of the decision. Service of a petition for a review of the decision shall stay the board's decision pending completion of the appellate process.
Section 40-13-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 applies to cosmetologists, manicurists, and estheticians regulated or administered, or both, by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1, the provisions of this chapter control.
Section 40-13-10. (A) A State Board of Cosmetology is created composed of seven members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired portion of the term. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years before appointment. One member must be from the public at large and not connected with the practice of cosmetology. One member must be an esthetician and one must be a manicurist.
It is unlawful for a member of the board or an inspector or employee of the board, or a spouse of a board member, inspector, or employee to own an interest in a cosmetology school or substantial interest in a company which deals in wholesale sales or services to beauty salons or schools.
The member of the board who is not connected with the practice of cosmetology has all rights and privileges of other members of the board except the member may not participate in the examination of an applicant for a license.
(B) There is created an Advisory Committee to the State Board of Cosmetology composed of six members appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Terms commence on April first. Vacancies on the committee must be filled in the manner of original appointment for the unexpired term.
The following associations or groups shall recommend one person to the Governor for appointment to the committee: the National Cosmetology Association of South Carolina, the South Carolina State Cosmetologist Association, the South Carolina Vocational Directors Association, the South Carolina Association of Cosmetology Schools, the South Carolina Beauty Supply Dealers, and the teachers of cosmetology in vocational or private schools. Recommendations must be submitted to the Governor not later than the thirty-first day of December of the year preceding the year in which appointments expire. The Governor may reject any person recommended for appointment upon a satisfactory showing that the person is unfit to serve. If a person is rejected, the group or association which recommended the person shall submit additional names to the Governor for consideration.
Committee members shall serve without compensation. The board shall meet with the committee quarterly to discuss problems, make recommendations, and hear reports of board policy affecting the industry. Special meetings may be called by the board upon sufficient notice. Accurate minutes of all meetings must be kept by the board as part of its public record.
Section 40-13-20. As used in this chapter:
(1) 'Beauty salon' or 'salon' means a building or any place, or part of a place or building including, but not limited to, a rental booth, in which cosmetology is performed on the general public for compensation.
(2) 'Cosmetology' means engaging in any of these practices or a combination of these practices when done for compensation either directly or indirectly:
(a) arranging, styling, thermal curling, chemical waving, pressing, shampooing, cutting, shaping, chemical bleaching, chemical coloring, chemical relaxing, or similar work, upon the hair, wig, or hairpiece of any person, by any means, with hands or mechanical or electrical apparatus or appliances;
(b) using cosmetic preparations, make-up, antiseptics, lotions, creams, chemical preparations on, or otherwise, or waxing, tweezing, cleansing, stimulating, manipulating, beautifying, or similar work the scalp, face, neck, arms, hands; or
(c) manicuring or pedicuring the nails of a person or similar work.
(3) 'Cosmetologist' means a person including, but not limited to, an independent contractor, not a student, who is licensed to practice cosmetology.
(4) 'Cosmetology school', 'beauty school', or 'school' means a place or part of a place in which cosmetology or any of its practices are taught. (5) 'Esthetician' means a person including, but not limited to, an independent contractor, who is licensed to practice skin care, make-up, or similar work. Skin care is limited to moisturizing, cleansing, or facial or neck massage for the sole purpose of beautifying the skin.
(6) 'Independent contractor' means a licensed practitioner who rents or leases a place or part of a place in a beauty salon.
(7) 'Instructor' means a person who is licensed to teach cosmetology or any practices of cosmetology in accordance with this chapter.
(8) 'Manicurist' means a person including, but not limited to, an independent contractor, who is licensed to practice manicuring or pedicuring the nails or similar work.
(9) 'Student' means a person who is engaged in learning or acquiring the practices of cosmetology and, while learning, performs or assists in any of the practices of cosmetology in a school licensed under this chapter and under the instruction or immediate supervision of an instructor licensed under this chapter.
Section 40-13-30. It is unlawful to operate a cosmetology school without a license or to violate any of the provisions of this chapter relating to schools; however, a school may be operated in and as part of an accredited high school, trade school, or industrial school, and a school so operated is exempt from the requirements of this chapter pertaining to school licensing, execution of a bond, and entering into contracts with its students.
Section 40-13-50. The Department of Labor, Licensing and Regulation shall provide all administrative, fiscal, investigative, inspectional, clerical, secretarial, and license renewal operations and activities of the board in accordance with Section 41-1-50.
Section 40-13-60. The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter. Regulations relating to the sanitary management of salons and schools must not be promulgated until approved by the Department of Health and Environmental Control.
Section 40-13-70. The board shall adopt and use a common seal for the authentication of its orders and records. In addition to the powers and duties provided for in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-13-80. The Department of Labor, Licensing and Regulation shall investigate complaints and violations of this chapter as provided for in Section 40-1-80.
Section 40-13-90. The results of an investigation must be presented to the board and any subsequent hearing must be conducted in accordance with Section 40-1-90.
Section 40-13-100. In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
Section 40-13-110. (A) In addition to the grounds for disciplinary action provided for in Section 40-1-110, the board may revoke, suspend or restrict a license upon a satisfactory showing to the board that the holder of the license has:
(1) violated or failed to comply with any provision of this chapter a regulation promulgated under this chapter, or an order of the board;
(2) permitted a person in one's employ or under one's supervision or control to practice as a cosmetologist, esthetician, or manicurist without that person being licensed as a cosmetologist, esthetician, or manicurist;
(3) obtained or attempted to obtain a license for money other than the required fee or any other thing of value or by fraudulent misrepresentation;
(4) practiced or attempted to practice cosmetology by fraudulent misrepresentation;
(5) wilfully failed to display a salon license as required by Section 40-13-300, a school license as required by Section 40-13-320, or a license as required by Section 40-13-280 or the sanitary regulations as required by Section 40-13-350;
(6) practiced or attempted to practice cosmetology in any place other than a licensed salon, except in case of an emergency including, but not limited to, illness, invalidism, or death when a licensed operator may perform services for a person in another place by appointment only;
(7) wilfully and continuously violated the reasonable regulations adopted by the board and approved by the Department of Health and Environmental Control for the sanitary management and operation of salons and schools;
(8) used a substance or device which is not labeled for cosmetic use.
(B) The holder of a license issued by the board found to have engaged in misconduct pursuant to subsection (A) is in violation of this chapter, regulations promulgated pursuant to this chapter, or an order of the board and is subject to a civil penalty in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars.
Section 40-13-115. The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.
Section 40-13-120. In addition to the sanctions authorized for misconduct pursuant to Section 40-13-110, the board may take disciplinary action against a person as provided for in Section 40-1-120.
Section 40-13-130. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-13-140. A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.
Section 40-13-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-13-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-13-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-13-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-13-190. Investigations and proceedings conducted under this chapter are confidential and all communications are privileged as provided for in Section 40-1-190.
Section 40-13-200. (A) A person who practices or offers to practice cosmetology in this State in violation of this chapter or who knowingly submits false information for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, may be fined not more than two hundred dollars or imprisoned not more than thirty days, or both, for a first offense and for a second or subsequent offense may be fined not more than five hundred dollars or imprisoned not more than six months, or both.
(B) The board permanently shall revoke the license of a person convicted of or who pleads guilty or nolo contendere to a violation under subsection (A).
Section 40-13-210. The department, on behalf of the board and in accordance with Section 40-1-210, may petition an administrative law judge, in the name of the State, for injunctive relief against a person violating this chapter.
Section 40-13-230. (A) A license as a cosmetologist must be issued by the board to a person who:
(1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2) has completed at least one thousand five hundred hours in classes in cosmetology in a reliable school approved by the board or is a registered master hair care specialist pursuant to Chapter 7 who has satisfied educational requirements established by the board in regulation; and
(3) has passed the examination prescribed by the board and pays the required fee.
(B) A license as an esthetician must be issued by the board to a person who:
(1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2) has completed at least four hundred fifty hours in classes in skin care in a reliable school approved by the board or comparable training approved by the board; and
(3) has passed the examination prescribed by the board and pays the required fee.
(C) A license as a manicurist must be issued by the board to a person who:
(1) is at least sixteen years of age and possesses at least a tenth grade education or the equivalent as established by tests used in the public schools or tests approved by the board;
(2) has completed at least three hundred hours in classes in manicuring in a reliable school approved by the board or comparable training approved by the board; and
(3) has passed the examination prescribed by the board and pays the required fee.
(D) Temporary permits to practice as a cosmetologist, esthetician, or manicurist may be issued in accordance with regulations promulgated by the board.
Section 40-13-240. (A) Each applicant for an examination shall make application on board approved forms. The application must be accompanied by the required examination fee.
(B) The board shall conduct examinations of applicants for licenses to practice as cosmetologists, estheticians, or manicurists not less than three times each year, at times and places as the board may determine. The examination of applicants for any license under this chapter must be conducted pursuant to regulations promulgated by the board and shall include both practical demonstrations and written tests on subjects the board determines to be necessary. Examinations must be consistent with the prescribed curriculum and the practical and theoretical requirements of the profession of cosmetology as prescribed in this chapter.
Section 40-13-250. (A) The holder of an individual license issued by the board annually, on such date as may be designated by the board, shall renew his or her license and pay the renewal fee and furnish proof to the board that he or she has completed continuing education approved by the board.
(B) A license to practice or teach cosmetology which has not been renewed before the date designated by the board expires on that date. The holder of an expired license may have the license restored within three years of the date of the expiration upon payment of the required renewal fee and satisfactory proof of his or her qualifications to resume practicing. The reinstatement fee must be established by the board in regulation.
(C) If a license has been expired for more than three years, the board shall conduct reexamination of the applicant before issuing a new license. The examination may include practical demonstrations and written tests that the board determines to be necessary.
(D) The holder of a license for a salon or a school shall renew the license annually on a date set by the board by the payment of a renewal fee established by the board in regulation.
(E) Application for renewal of a school license must be accompanied by proof of continued validation of the applicant's surety bond.
Section 40-13-260. Schools and salons shall display appropriate signs over the entrance to their establishments designating the nature of the establishment. No school may operate in conjunction with a salon or any other business or have doors which interconnect with salons or other businesses.
This chapter may not be construed to affect the operation of any beauty salon, licensed on May 11, 1966, located in a private residence insofar as provisions for separate toilet facilities and separate entrances are concerned.
Section 40-13-270. The board may grant to a resident of another state, the District of Columbia, or any other U.S. territory or commonwealth state full reciprocity with respect to practicing cosmetology, esthetics, or manicuring in this State when the person is properly licensed and registered under the laws of the other state, the District of Columbia, or the U.S. territory or commonwealth state and is otherwise qualified.
Section 40-13-280. A holder of a license under this chapter shall display the license in a conspicuous place adjacent to or near the licensees' work chair.
Section 40-13-290. (A) No school may be affiliated with or located at the same address as a salon operated for profit. All salons and schools shall have running hot and cold water and drainage in rooms used for salons or schools. The owner or manager of any salon or school shall not permit a person to sleep in, or use for residential purposes, a room used wholly or partly as a salon or school.
(B) The members of the board, or their authorized agents, may enter a salon or school at any reasonable time for purposes of inspection.
Section 40-13-300. A person, firm, corporation, or association may apply to the board for licensing of a salon by submitting an application on a form prescribed by the board and paying the initial license fee. Upon approval of a salon, a salon license must be issued and the license must be displayed in a conspicuous place. The license is valid only for the location named on it and it is not transferable. A salon shall comply with all provisions of this chapter applicable to salons and with regulations promulgated pursuant to this chapter.
Section 40-13-310. A minimum curriculum for schools and minimum qualifications for instructors must be prescribed by the board in regulation. The board shall issue an instructor's license to a person who meets the prescribed qualifications upon payment of the fee for an instructor's examination and the license fee. The instructor's license must be renewed annually upon the payment of a renewal fee by the instructor and upon proof to the board of the instructor having had advanced training approved by the board during the year.
Section 40-13-320. Upon approval of a school by the board, a license must be issued and be displayed in a conspicuous place at the school. The license is valid only for the location named on it, and it is not transferable.
Section 40-13-330. The owner, or an owner's designee, of a school shall enter into a board approved written contract with each student before permitting the student to attend classes. The original contract must be retained by the school and a copy given to the student. The contract shall contain certification that the student is at least sixteen years of age or will have attained that age before completing the course of instruction and that the student possesses at least a tenth grade education, as certified by the school last attended, or the equivalent as established by tests used in public schools or approved by the board.
Section 40-13-340. (A) A person, firm, corporation, or association may apply to the board for licensing of a school by submitting an application on a form prescribed by the board and paying the initial license fee. An applicant at the time of application shall submit a detailed floor plan and a true copy of the applicant's board approved form for student contracts and enrollment. An applicant also shall furnish a bond to the board issued by a licensed bonding company doing business in this State. The bond must be in the sum of ten thousand dollars and must be conditioned upon the faithful performance of the terms and conditions of all contracts entered into between the owner or manager of the school and all persons enrolling in the school. Suit on the bond may be brought by any student injured by the breach of any of the conditions of the contract between the student and the owner or manager of the school.
(B) A licensed school shall comply with the provisions of this chapter applicable to the school and with regulations promulgated pursuant to this chapter.
(C) No license for a school may be issued unless the owner presents evidence satisfactory to the board that the owner has adequate school facilities and equipment and that each instructor holds a valid instructor's license.
Section 40-13-350. A copy of sanitary regulations adopted by the board must be furnished by the board to the owner or manager of each salon or school in the State, and the copy must be posted in a conspicuous place in each salon and school.
Section 40-13-355. No member of the board may conduct or be a provider of continuing education courses.
Section 40-13-360. The following persons and activities are exempt from this chapter while engaged in the proper discharge of their professional duties:
(1) manufacturers' representatives or sales persons in retail outlets who demonstrate products or techniques for promotional purposes;
(2) educational activities conducted in connection with any monthly, annual, or other special program from which the general public is excluded. This exemption applies only to the specific days of the special program; and
(3) a demonstration conducted by manufacturers and wholesalers for the purpose of exhibiting the technical application and use of products.
Section 40-13-370. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect with the invalid provision or application, and to this end the provisions of this chapter are severable."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Thomas L. Moore /s/James A. Battle, Jr. /s/William H. O'Dell /s/Mack T. Hines /s/Thomas C. Alexander Bradley L. Jordan On Part of the Senate. On Part of the House.
Rep. BATTLE explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate repectfully invites your Honorable Body to attend in the Senate Chamber at 3:00 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. CATO the invitation was accepted.
At 3:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R405) S. 331 -- Senator Holland: AN ACT 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.
(R406) S. 477 -- Senator Ryberg: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3500, SO AS TO ALLOW A CREDIT IN AN AMOUNT EQUAL TO THE TAXES PAID ON QUALIFIED RETIREMENT PLAN CONTRIBUTIONS MADE BY THE TAXPAYER WHILE RESIDING IN ANOTHER STATE WHICH DID NOT EXEMPT SUCH CONTRIBUTIONS FROM ITS STATE INCOME TAX AND TO PROVIDE THAT THE DEPARTMENT OF REVENUE SHALL PRESCRIBE THE METHOD OF CLAIMING THE CREDIT WHICH MUST BE SPREAD OVER THE LIFE EXPECTANCY OF THE TAXPAYER.
(R407) S. 534 -- Senator Hayes: AN ACT 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, TO MAKE THESE FINES OPTIONAL RATHER THAN MANDATORY, AND TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO DETERMINE THE AMOUNT OF THE FINE BASED ON CRITERIA TO BE INCLUDED IN REGULATIONS; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
(R408) S. 718 -- Senator O'DELL: AN ACT 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 ADD SECTION 40-55-120 SO AS TO REQUIRE PSYCHOLOGISTS TO PROVIDE PATIENTS WITH A STATEMENT OF THEIR RIGHTS AND PROCEDURES TO FILE A COMPLAINT; TO ADD SECTION 40-55-190 SO AS TO PROVIDE THAT NO HEALTH INSURER IS REQUIRED TO PROVIDE OR PAY FOR SERVICES AUTHORIZED IN THIS CHAPTER; 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 REVISE AND FURTHER SPECIFY LICENSURE REQUIREMENTS INCLUDING REQUIRING A DOCTORAL DEGREE IN PSYCHOLOGY AND REMOVING THE PROVISION 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; 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; TO AMEND CHAPTER 75, TITLE 40, RELATING TO PROFESSIONAL COUNSELORS AND MARITAL AND FAMILY THERAPISTS, SO AS TO REVISE THIS CHAPTER TO CONFORM TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THESE COUNSELORS AND THERAPISTS, AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF PSYCHO-EDUCATIONAL SPECIALISTS.
(R409) S. 757 -- Senators Ravenel and Mescher: AN ACT TO AMEND SECTION 6-11-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF BOARD MEMBERS OF A SPECIAL PURPOSE DISTRICT, SO AS TO PROVIDE THAT CERTAIN PROVISIONS OF THIS SECTION DO NOT APPLY TO ELECTIONS OF COMMISSIONERS HELD PURSUANT TO ARTICLE 2, CHAPTER 11, TITLE 6; TO AMEND CHAPTER 11, TITLE 6 BY ADDING ARTICLES 2 AND 15 SO AS TO PROVIDE A PROCEDURE BY WHICH ELECTORS RESIDING IN A SPECIAL PURPOSE DISTRICT MAY PETITION FOR A REFERENDUM ON THE QUESTION OF WHETHER THE GOVERNING BODY OF A DISTRICT SHOULD BE ELECTED BY POPULAR VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT AND A PROCEDURE FOR THE DISSOLUTION OF A SPECIAL PURPOSE DISTRICT AFTER A TWO-THIRDS VOTE OF THE QUALIFIED ELECTORS OF THE DISTRICT VOTING IN THE REFERENDUM; TO AMEND THE 1976 CODE BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICES; AND TO REQUIRE ALL BOND REFERENDUMS SOUGHT BY A DISTRICT UNDER THIS ACT TO BE VOTED UPON IN GENERAL ELECTIONS.
(R410) S. 758 -- Senator Fair: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, AND TO REQUIRE PROFESSIONAL LICENSURE SUSPENSION OR REVOCATION OF AN OFFENDER.
(R411) S. 778 -- Senator Bryan: AN ACT TO AMEND SECTION 23-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN CONNECTION WITH PUBLIC SAFETY COMMUNICATIONS, SO AS TO DEFINE COMMERCIAL MOBILE RADIO SERVICE AND SO AS TO INCLUDE OTHER DEFINITIONS IN THAT CONNECTION; TO AMEND SECTION 23-47-50, RELATING TO SUBSCRIBER BILLING, SO AS TO PROVIDE FOR A UNIFORM MONTHLY CMRS 911 CHARGE, FOR THE FILING OF A RETURN AND REMITTANCE OF CHARGES COLLECTED TO THE DEPARTMENT OF REVENUE, AND FOR ITS MAINTENANCE BY THE STATE TREASURER IN A SEPARATE FUND FOR DISTRIBUTION ONLY AS AUTHORIZED IN SECTION 23-47-65, AND TO PROVIDE THAT THE CHARGE IS NOT REVENUE OF THE SERVICE SUPPLIER AND IS THE LIABILITY OF THE SERVICE SUBSCRIBER; TO ADD SECTION 23-47-65 SO AS TO CREATE THE COMMERCIAL MOBILE RADIO SERVICE (CMRS) EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE TO ASSIST THE STATE BUDGET AND CONTROL BOARD IN IMPLEMENTING A WIRELESS ENHANCED 911 SYSTEM CONSISTENT WITH FCC DOCKET NUMBER 94-102 AND PROVIDE FOR MEMBERSHIP, TERMS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE, INCLUDING DISTRIBUTION OF MONIES IN A SEPARATE STATE FUND MADE UP OF CMRS 911 CHARGES; TO AMEND SECTION 23-47-70, RELATING TO LIABILITY, SO AS TO LIMIT THE LIABILITY OF A CMRS SERVICE SUPPLIER IN CONNECTION WITH THE PROVISION OF 911 SERVICE AND TO GRANT IMMUNITY TO A CMRS SERVICE SUPPLIER IN CONNECTION WITH RELEASE OF SUBSCRIBER INFORMATION TO A GOVERNMENT AGENCY AS REQUIRED BY LAW; TO ADD SECTION 23-47-75 SO AS TO PROVIDE THAT CMRS LOCATION INFORMATION AND OTHER DATA IN A 911 SYSTEM IS NOT SUBJECT TO THE FREEDOM OF INFORMATION ACT AND MAY NOT BE DISCLOSED; AND TO PROVIDE FOR OPERATION TO BEGIN AUGUST 1, 1998, AND 911 CHARGES TO BE IMPOSED BEGINNING NOVEMBER 1, 1998.
(R412) S. 850 -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: AN ACT TO AMEND CHAPTER 18 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA EDUCATION ACCOUNTABILITY ACT OF 1998 TO ESTABLISH STATEWIDE ACADEMIC ACHIEVEMENT STANDARDS AND ASSESSMENTS OF THOSE STANDARDS FOR SCHOOLS, TO PROVIDE ANNUAL REPORT CARDS FOR SCHOOLS WITH A PERFORMANCE INDICATOR SYSTEM, TO REQUIRE DISTRICTS TO ESTABLISH LOCAL ACCOUNTABILITY SYSTEMS, TO PROVIDE SPECIFIED RESOURCES TO IMPROVE STUDENT PERFORMANCE AND TEACHER AND STAFF DEVELOPMENT AND ASSISTANCE, AND TO PROVIDE FOR THE IMPLEMENTATION AND OVERSIGHT OF THE ABOVE PROVISIONS; TO ADD SECTION 59-24-5 SO AS TO PROVIDE FOR LEGISLATIVE FINDINGS IN REGARD TO SCHOOL PRINCIPALS AND THEIR PROFESSIONAL DEVELOPMENT; TO AMEND SECTIONS 59-24-10, 59-24-30, BOTH AS AMENDED, AND 59-24-50, RELATING TO ASSESSMENT OF AND DEVELOPMENT PLANS FOR SCHOOL ADMINISTRATORS, SO AS TO FURTHER PROVIDE FOR SUCH ASSESSMENTS AND DEVELOPMENT PLANS; TO ADD SECTION 59-24-80 SO AS TO PROVIDE FOR A FORMAL INDUCTION PROGRAM FOR FIRST-YEAR PRINCIPALS; TO ADD SECTION 59-24-15 SO AS TO PROVIDE THAT CERTIFIED EDUCATION PERSONNEL WHO ARE EMPLOYED AS ADMINISTRATORS ON AN ANNUAL OR MULTI-YEAR CONTRACT WILL RETAIN THEIR RIGHTS AS A TEACHER UNDER APPLICABLE EMPLOYMENT, DISMISSAL, AND OTHER PROCEDURES BUT NO SUCH RIGHTS ARE GRANTED TO THE POSITION OR SALARY OF ADMINISTRATOR, AND TO PROVIDE THAT ANY SUCH ADMINISTRATOR WHO PRESENTLY IS UNDER A CONTRACT GRANTING SUCH RIGHTS SHALL RETAIN THAT STATUS UNTIL THE EXPIRATION OF THAT CONTRACT; TO AMEND SECTION 59-6-10, RELATING TO THE SELECT COMMITTEE TO OVERSEE THE EIA, SO AS TO CHANGE THE NAME OF THE COMMITTEE TO THE "EDUCATION OVERSIGHT COMMITTEE", TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE MANNER IN WHICH ITS MEMBERS ARE SELECTED, AND TO REVISE ITS DUTIES AND FUNCTIONS INCLUDING A REQUIREMENT THAT IT REVIEW AND MONITOR THE EDUCATION ACCOUNTABILITY ACT OF 1998; TO ADD SECTIONS 59-6-100, 59-6-110, AND 59-6-120 SO AS TO ESTABLISH AN ACCOUNTABILITY DIVISION WITHIN THE EDUCATION OVERSIGHT COMMITTEE AND PROVIDE FOR ITS DUTIES, FUNCTIONS, AND RESPONSIBILITIES, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE SHALL APPOINT A TASK FORCE TO REVIEW CURRENT STATE PROGRAMS AND POLICIES FOR PARENT PARTICIPATION IN THEIR CHILDREN'S EDUCATION; TO AMEND SECTION 59-29-10, RELATING TO REQUIRED SUBJECTS OF INSTRUCTION, SO AS TO REQUIRE INSTRUCTION IN PHONICS; TO ADD SECTION 59-63-65 SO AS TO PROVIDE THAT SCHOOL DISTRICTS WHICH CHOOSE TO REDUCE CLASS SIZE IN GRADES ONE THROUGH THREE TO A PUPIL-TEACHER RATIO OF FIFTEEN TO ONE SHALL BE ELIGIBLE FOR CERTAIN STATE FUNDING, AND TO PROVIDE FOR THE IMPLEMENTATION OF THESE PROVISIONS INCLUDING A PROVISION ALLOWING PORTABLE OR TEMPORARY FACILITIES TO BE USED FROM FUNDING DERIVED FROM THE CHILDREN'S EDUCATION ENDOWMENT FUND, TO REQUIRE THE DEPARTMENT OF EDUCATION TO PROVIDE A COPY OF THIS ACT TO EVERY DISTRICT SCHOOL SUPERINTENDENT AND SCHOOL PRINCIPAL IN THIS STATE; TO REPEAL SECTION 59-6-12 RELATING TO CERTAIN DUTIES AND RESPONSIBILITIES OF THE SELECT COMMITTEE; AND TO REPEAL SECTIONS 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31 RELATING TO SCHOOL QUALITY CONTROLS AND PRODUCTIVITY.
(R413) S. 863 -- Senators Holland, Washington and Short: AN ACT TO AMEND SECTION 16-25-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS FOR EARLY PAROLE FOR CERTAIN OFFENDER VICTIMS OF SPOUSAL ABUSE, SO AS TO PROVIDE THAT AN INMATE WHO IS SENTENCED FOR AN OFFENSE AGAINST A HOUSEHOLD MEMBER AND PRESENTS EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF THE HOUSEHOLD MEMBER WHEN HE WAS CONVICTED OF, OR PLED GUILTY OR NOLO CONTENDERE TO THE OFFENSE OR IN POST-CONVICTION PROCEEDINGS PERTAINING TO THE PLEA OR CONVICTION IS ELIGIBLE FOR PAROLE AFTER SERVING ONE-FOURTH OF HIS TERM, AND TO PROVIDE THAT THIS PROVISION DOES NOT EFFECT THE FILING PROCEDURES FOR POST-CONVICTION RELIEF APPLICATIONS.
(R414) S. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: AN ACT 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, AS AMENDED, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; AND TO AMEND SECTION 17-25-45, AS AMENDED, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.
(R415) S. 893 -- Senators Lander and Reese: AN ACT TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 54, SO AS TO CREATE THE ASSISTIVE TECHNOLOGY WARRANTY ACT, AND TO DEFINE THE TYPE OF SOLD OR LEASED DEVICE SUBJECT TO THE EXPRESS WARRANTY, A "MANUFACTURER" FOR PURPOSES OF WARRANTING THE DEVICES, AND A "NONCONFORMITY" THAT TRIGGERS THE PROTECTIONS AND REMEDIES PURSUANT TO THE ACT.
(R416) S. 936 -- Senators J. Verne Smith and Drummond: AN ACT 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.
(R417) S. 981 -- Senator Giese: AN ACT 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 REVISE THE EDUCATION AND EXPERIENCE QUALIFICATIONS FOR LICENSURE.
(R418) S. 982 -- Senator Giese: AN ACT 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.
(R419) S. 992 -- Senator Passailaigue: AN ACT 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 THE FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION, AND TO PROVIDE THAT SCHOOL BUSES TRANSPORTING SCHOOL CHILDREN ARE EXEMPT FROM THE PAYMENT OF TOLLS.
(R420) S. 994 -- Senators Short, Jackson and Gregory: AN ACT TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION BY THE STATE BOARD OF FINANCIAL INSTITUTIONS OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES; BY ADDING CHAPTER 41 SO AS TO DEFINE A LEVEL I AND LEVEL II CHECK-CASHING SERVICE AND TO PROVIDE FOR LICENSING AND REGULATING BY THE STATE BOARD OF FINANCIAL INSTITUTIONS OF CHECK-CASHING SERVICES; AND BY AMENDING SECTION 34-29-100, RELATING TO BOOKS AND RECORDS IN CONSUMER FINANCE TRANSACTIONS, SO AS TO ALLOW RETENTION OF RECORDS IN ANY CONFORMING MEDIUM.
(R421) S. 1013 -- Senator Lander: AN ACT 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 1998, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND 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 RELATING TO THE DAIRY INDUSTRY, 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 REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF DAIRY INDUSTRY LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
(R422) S. 1058 -- Senators Ravenel, Washington and McConnell: AN ACT TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PORTIONS OF CERTAIN RIVERS IN THE STATE AS SCENIC RIVERS UNDER THE "SOUTH CAROLINA SCENIC RIVERS ACT OF 1989", SO AS TO DESIGNATE A PORTION OF THE ASHLEY RIVER AS A SCENIC RIVER.
(R423) S. 1069 -- Senator Holland: AN ACT TO AMEND ARTICLE 7, CHAPTER 15 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS AND ABSENTEE VOTING PRECINCTS, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSES OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES TO THE APPLICABLE ELECTION AUTHORITY OVER AN ELECTRONIC MEDIUM USING THE INTERNET, AND TO PROVIDE FOR RELATED MATTERS; TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AUTHORIZED IN SECTION 7-15-455 AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET; AND TO REPEAL SECTION 7-15-455, AS ADDED BY THIS ACT, EFFECTIVE DECEMBER 31, 2000.
(R424) S. 1070 -- Senator Land: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4170 SO AS TO PROVIDE A DEFINITION FOR "VEHICLE", TO PROVIDE THAT A PERSON MAY NOT 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, TO PROVIDE THAT AN OPERATOR MUST BE REIMBURSED FOR FINES, PENALTIES, AND REPAIRS INCURRED PURSUANT TO AN OUT-OF-SERVICE ORDER UNDER CERTAIN CONDITIONS BY A TENDER, TO PROVIDE FOR THE MONITORING OF ROADSIDE SAFETY INSPECTIONS, AND TO PROVIDE EXCEPTIONS TO THIS PROVISION FOR RAILROAD OR RAILROAD INTERMODAL CARRIERS AND MOTOR CARRIER OPERATORS.
(R425) S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: AN ACT 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, AND TO INCLUDE BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES; AND TO AMEND SECTION 12-10-88, RELATING TO REDEVELOPMENT FEES SO AS TO INCLUDE FEES WITHHELD FROM EMPLOYEES OF A CLOSED OR REALIGNED FEDERAL DEFENSE SITE OTHER THAN A FEDERAL MILITARY INSTALLATION BEGINNING WITH TAX YEARS AFTER 1998.
(R426) S. 1110 -- Senators McConnell and Saleeby: AN ACT TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-39-90, AS AMENDED, RELATING TO CANCELLATION OF AN INSURANCE CONTRACT BY A PREMIUM SERVICE COMPANY, SO AS TO PROVIDE THAT NOTICE IS SUFFICIENT WHEN IT IS HAND DELIVERED OR MAILED UNDER CERTAIN CONDITIONS; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; TO AMEND SECTION 38-61-20, AS AMENDED, RELATING TO APPROVAL OF INSURANCE FORMS, SO AS TO PROVIDE FOR AN OPTIONAL ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE RIDER TO A LIFE INSURANCE CONTRACT UPON APPROVAL BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE; TO AMEND SECTIONS 38-71-310 AND 38-71-720, BOTH AS AMENDED, BOTH RELATING TO ACCIDENT AND HEALTH INSURANCE, SO AS TO PROVIDE FOR AN OPTIONAL LIFE INSURANCE RIDER TO AN INDIVIDUAL OR GROUP ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICY UPON APPROVAL BY THE DIRECTOR; TO AMEND SECTION 38-81-370, AS AMENDED, RELATING TO LEGAL MALPRACTICE JOINT UNDERWRITERS, AND SECTION 38-89-160, AS AMENDED, RELATING TO DAY CARE JOINT UNDERWRITERS, SO AS TO PROVIDE FOR THE MEMBERSHIP AND SELECTION OF MEMBERS OF THE RESPECTIVE ASSOCIATIONS; AND TO REPEAL SECTION 38-3-70 RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, SECTION 38-79-10 RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE, AND SECTION 38-81-10 RELATING TO THE REQUIREMENT THAT LEGAL MALPRACTICE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT.
(R427) S. 1126 -- Senators Leventis and Land: AN ACT TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTY OF THE GOVERNING BODY OF A MUNICIPALITY TO ENACT ORDINANCES REGARDING TIME REQUIREMENTS FOR NOMINATIONS AND PRIMARIES, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A PARTY SHALL CERTIFY THE CANDIDACY TO THE MUNICIPAL ELECTION COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A STATEMENT OF CANDIDACY WITH THE COMMISSION, CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE MUST FILE A PETITION WITH THE MUNICIPAL CLERK PRIOR TO THE ELECTION, CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL EXAMINE THE PETITION AND DETERMINE ITS VALIDITY, DELETE SPECIAL ELECTIONS FROM THIS SECTION, ESTABLISH THE FILING DEADLINES FOR NONPARTISAN SPECIAL ELECTIONS, AND PROVIDE THAT FOR PARTISAN SPECIAL ELECTIONS, PETITIONS MUST BE SUBMITTED PURSUANT TO SECTION 7-13-190(B); TO AMEND SECTION 5-15-110, AS AMENDED, RELATING TO CANDIDATES NOMINATED BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH A CANDIDATE SHALL FILE A PETITION WITH THE MUNICIPAL ELECTION COMMISSION AND TO CHANGE THE NUMBER OF DAYS BY WHICH THE COMMISSION SHALL DETERMINE THE VALIDITY OF THE PETITION, AND DELETE SPECIAL ELECTIONS FROM THIS SECTION; TO AMEND SECTION 5-15-145, AS AMENDED, RELATING TO THE TRANSFER OF AUTHORITY TO CONDUCT MUNICIPAL ELECTIONS TO COUNTY ELECTION COMMISSIONS, SO AS TO PROVIDE THAT THE MUNICIPALITY MAY BY ORDINANCE SET THE FILING DATES AND THE DATE BY WHICH CANDIDATES MUST BE CERTIFIED FOR MUNICIPAL OFFICES TO RUN CONCURRENTLY WITH THE FILING DATES SET BY LAW FOR COUNTYWIDE AND LESS THAN COUNTYWIDE OFFICES; TO AMEND SECTION 7-13-190, RELATING TO PARTISAN SPECIAL ELECTIONS, SO AS TO ESTABLISH THE REQUIREMENTS FOR SEEKING NOMINATIONS BY PETITION AND FOR VERIFICATION OF THE PETITION; TO AMEND SECTION 7-13-350, RELATING TO THE PLACING ON THE BALLOT OF CERTIFIED CANDIDATES NOMINATED BY PETITION, PRIMARY, OR CONVENTION, SO AS TO ADD MUNICIPAL ELECTIONS TO THIS PROVISION, AND CHANGE THE NUMBER OF DAYS BY WHICH THE NAMES OF THE NOMINEES MUST BE PLACED ON THE APPROPRIATE BALLOT; TO AMEND SECTION 7-13-351, AS AMENDED, RELATING TO NOMINEES BY PETITION, SO AS TO CHANGE THE NUMBER OF DAYS BY WHICH THE PETITION OF A CANDIDATE IN A SPECIAL OR MUNICIPAL ELECTION MUST BE SUBMITTED TO THE AUTHORITY CHARGED WITH PRINTING THE BALLOT, AND CHANGE THE NUMBER OF DAYS BY WHICH THE BOARD OF VOTER REGISTRATION MUST CERTIFY THE RESULTS; TO AMEND SECTION 7-13-352, RELATING TO A CANDIDATE FOR NONPARTISAN OFFICE WHO QUALIFIES BY STATEMENT OF CANDIDACY, SO AS TO INCLUDE MUNICIPAL OFFICES; AND BY ADDING SECTION 7-7-1000 SO AS TO PROVIDE THE CONDITIONS UNDER WHICH A MUNICIPALITY MAY POOL ITS PRECINCTS FOR MUNICIPAL ELECTIONS.
(R428) 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.
(R429) S. 1170 -- Banking and Insurance Committee: AN ACT 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.
(R430) S. 1179 -- Senator Drummond: AN ACT 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.
(R431) S. 1188 -- Senators Passailaigue and McConnell: AN ACT TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 6, SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 61, FROM CHURCH CREEK BRIDGE AND TEN MILES NORTH, A SCENIC BYWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE OUTDOOR ADVERTISING ACT.
(R432) S. 1209 -- Senators Giese and Holland: AN ACT TO AMEND ACT 784 OF 1964, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE LUGOFF WATER DISTRICT OF KERSHAW COUNTY, SO AS TO FURTHER PROVIDE FOR THE EXTENSION OF ITS SYSTEM.
(R433) S. 1212 -- Senators Saleeby and McConnell: AN ACT TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT CREDIT FOR REINSURANCE SHALL BE ALLOWED A DOMESTIC CEDING INSURER AS RESPECTS CESSIONS OF THOSE KINDS OR CLASSES OF BUSINESS WHICH THE ASSUMING INSURER IS LICENSED OR OTHERWISE PERMITTED TO WRITE OR ASSUME IN ITS STATE OF DOMICILE OR, IN THE CASE OF A UNITED STATES BRANCH OF AN ALIEN ASSUMING INSURER, IN THE STATE THROUGH WHICH IT IS ENTERED AND LICENSED TO TRANSACT INSURANCE OR REINSURANCE; AND TO AMEND SECTION 38-9-210, AS AMENDED, RELATING TO REDUCTION FROM LIABILITIES FOR REINSURANCE, SO AS TO, AMONG OTHER THINGS, ADD "ASSET" TO "REDUCTION FROM LIABILITY" WITH RESPECT TO THE REINSURANCE CEDED BY A DOMESTIC INSURER TO AN ASSUMING INSURER NOT MEETING THE REQUIREMENTS OF SECTION 38-9-200 HAVING TO BE ALLOWED IN AN AMOUNT NOT EXCEEDING THE LIABILITIES CARRIED BY THE CEDING INSURER.
(R434) S. 1215 -- Senators Saleeby and McConnell: AN ACT TO AMEND SECTION 38-27-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "INSURERS REHABILITATION AND LIQUIDATION ACT", FORMAL PROCEEDINGS, AND REINSURER'S LIABILITY, SO AS TO, AMONG OTHER THINGS, DELETE CERTAIN LANGUAGE AND PROVISIONS, PROVIDE DIFFERENT EXCEPTIONS TO THE RULE THAT PAYMENT MADE DIRECTLY TO AN INSURED OR OTHER CREDITOR DOES NOT DIMINISH THE REINSURER'S OBLIGATION TO THE INSURER'S ESTATE, AND PROVIDE, AMONG OTHER THINGS, THAT THE REINSURANCE IS PAYABLE UNDER CONTRACTS REINSURED BY THE ASSUMING INSURER ON THE BASIS OF REPORTED CLAIMS ALLOWED IN THE LIQUIDATION PROCEEDINGS, SUBJECT TO COURT APPROVAL, WITHOUT DIMINUTION BECAUSE OF THE INSOLVENCY OF THE CEDING INSURER.
(R435) S. 1219 -- Senator Land: AN ACT TO AMEND ACT 375 OF 1947, AS AMENDED, RELATING TO THE CLARENDON HOSPITAL DISTRICT, SO AS TO REVISE THE POWERS OF THE DISTRICT'S BOARD OF TRUSTEES AND TO PROVIDE THAT EIGHT MEMBERS OF THE BOARD ARE APPOINTED BY THE GOVERNOR UPON RECOMMENDATION OF A MAJORITY OF THE CLARENDON COUNTY LEGISLATIVE DELEGATION INSTEAD OF THE GOVERNING BODY OF THE COUNTY.
(R436) S. 1233 -- Senator Hutto: AN ACT TO AMEND SECTION 22-2-190, AS AMENDED, 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.
(R437) 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.
(R438) S. 1248 -- Senator Elliott: AN ACT TO AMEND ACT 742 OF 1946, AS AMENDED, SO AS TO REVISE THE REQUIRED TOWNSHIPS FROM WHICH MEMBERS OF THE LORIS COMMUNITY HOSPITAL COMMISSION MUST BE APPOINTED.
(R439) S. 1266 -- Senator Land: AN ACT TO TRANSFER ALL FUNCTIONS, POWERS, AND DUTIES PROVIDED BY LAW TO THE BOARD OF TRUSTEES FOR THE VOCATIONAL EDUCATION SCHOOL FOR CLARENDON COUNTY TO THE CLARENDON COUNTY GOVERNING BODY UNDER CERTAIN CONDITIONS, TO CREATE THE ADVISORY BOARD FOR THE VOCATIONAL EDUCATION SCHOOL FOR CLARENDON COUNTY AND PROVIDE FOR THE COMPOSITION OF THE BOARD, LENGTH OF TERMS OF MEMBERS, MEETINGS OF THE BOARD, AND PROVIDE THAT THE BOARD SHALL PERFORM THOSE DUTIES WITH REGARD TO THE SCHOOL AS DETERMINED BY THE COUNTY GOVERNING BODY, TO PROVIDE FOR THE POWERS OF THE COUNTY GOVERNING BODY WITH REGARD TO THE OPERATION OF THE SCHOOL, AND TO PROVIDE THAT THE PROVISIONS OF THIS ACT ARE EFFECTIVE UPON ENACTMENT OF AN ORDINANCE BY THE COUNTY GOVERNING BODY IN WHICH THE GOVERNING BODY ACCEPTS THE RESPONSIBILITIES PROVIDED IN THIS ACT.
(R440) S. 1271 -- Senators Giese and Patterson: AN ACT TO GRANT A WAIVER TO RICHLAND SCHOOL DISTRICT ONE IN RICHLAND COUNTY WHICH SHALL PERMIT THEM TO EMPLOY FOREIGN NATIONALS TO TEACH THEIR NATIVE OR ACQUIRED LANGUAGE IN THE ELEMENTARY SCHOOLS OF THE DISTRICT UNDER SPECIFIED CONDITIONS.
(R441) H. 3033 -- Reps. Govan, Inabinett, J. Hines, Lloyd and Moody-Lawrence: AN ACT TO AMEND TITLE 44, CHAPTER 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOSPITALS, BY ADDING ARTICLE 3 SO AS TO ENACT THE CHILDREN'S EMERGENCY MEDICAL SERVICES ACT, TO ESTABLISH THE EMERGENCY MEDICAL SERVICES FOR CHILDREN PROGRAM WITHIN THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND TO PROVIDE FOR ITS DUTIES INCLUDING THE ESTABLISHMENT OF PUBLIC AND CONTINUING EDUCATION AND REFERRAL AND EQUIPMENT GUIDELINES, TO REQUIRE THE PROGRAM IN CONJUNCTION WITH THE SOUTH CAROLINA DATA OVERSIGHT COUNCIL TO COLLECT AND ANALYZE DATA AND TO PROVIDE FOR THE RELEASE AND CONFIDENTIALITY OF SUCH DATA; AND TO DESIGNATE SECTIONS 44-61-10 THROUGH 44-61-150 AS ARTICLE 1, CHAPTER 61, TITLE 44 ENTITLED "EMERGENCY MEDICAL SERVICES".
(R442) H. 3054 -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A MASS TRANSPORTATION SYSTEM FOR THE STATE, AND TO PROVIDE FOR THE COMPOSITION AND PURPOSE OF THE COMMITTEE.
(R443) H. 3069 -- Reps. Limehouse, Seithel, Bailey and Wilkes: AN ACT TO AMEND ARTICLE 25, CHAPTER 6 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOUTH CAROLINA INCOME TAX CREDITS, BY ADDING SECTION 12-6-3510 SO AS TO PROVIDE FOR A NONREFUNDABLE CREDIT IN AN AMOUNT EQUAL TO THIRTY-THREE PERCENT, BUT NOT MORE THAN FIFTEEN THOUSAND DOLLARS, OF A TAXPAYER'S INVESTMENT IN A QUALIFIED MOTION PICTURE PROJECT, PROVIDE FOR A NONREFUNDABLE CREDIT IN AN AMOUNT EQUAL TO THIRTY-THREE PERCENT OF THE VALUE OF A TAXPAYER'S INVESTMENT IN THE CONSTRUCTION OR CONVERSION OR EQUIPPING, OR ANY COMBINATION OF THESE ACTIVITIES, OF A MOTION PICTURE PRODUCTION FACILITY IN SOUTH CAROLINA IN WHICH THE TAXPAYER PURCHASES AN OWNERSHIP INTEREST WITH THE TAXPAYER'S INVESTMENT, AND PROVIDE FOR RELATED AND INCIDENTAL MATTERS; TO REQUIRE THE DEPARTMENT OF REVENUE TO PROVIDE A REPORT TO THE BOARD OF ECONOMIC ADVISORS OF ALL CREDITS EARNED UNDER SECTION 12-6-3510, AND REQUIRE THE BOARD TO CONDUCT A COST-BENEFIT ANALYSIS OF THESE CREDITS AFTER THE FIRST AND THIRD YEARS THE CREDITS ARE ALLOWED AND REPORT ITS FINDINGS TO THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE; AND TO PROVIDE FOR THE REPEAL OF SECTION 12-6-3510 EFFECTIVE FOR TAXABLE YEARS BEGINNING AFTER JUNE 30, 2004.
(R444) H. 3330 -- Rep. Sharpe: AN ACT TO AMEND CHAPTER 77, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF GEOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40; AND AMONG OTHER THINGS, TO SPECIFY MINIMUM GEOLOGY OR GEOPHYSIC COURSE HOURS TO SATISFY THE EDUCATIONAL REQUIREMENT FOR REGISTRATION; TO REPLACE CERTIFICATES WITH REGISTRATION CARDS; TO PROVIDE FOR BOARD ASSIGNED SERIAL NUMBERS; AND TO AUTHORIZE A BOARD SEAL.
(R445) H. 3337 -- Reps. D. Smith, Cato, Rice, Robinson, Govan, Beck, Tripp and F. Smith: AN ACT TO AMEND SECTION 1-23-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE PROCEDURES DEFINITIONS, SO AS TO DEFINE ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 1-23-320, AS AMENDED, RELATING TO SUBPOENAS IN CONTESTED CASES, SO AS TO PROVIDE THAT THE ADMINISTRATIVE LAW JUDGE DIVISION SHALL, ON APPLICATION OF A PARTY, ENFORCE, QUASH, OR MODIFY A SUBPOENA; TO AMEND SECTION 1-23-570, RELATING TO RESPONSIBILITY FOR THE ADMINISTRATION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO PROVIDE FOR BUDGETARY MATTERS, ASSIGNMENT OF CASES, AND RESPONSIBILITIES OF SUPPORT STAFF; TO AMEND SECTION 1-23-580, RELATING TO SUPPORT STAFF, SO AS TO PROVIDE FOR ADMINISTRATIVE ASSISTANTS FOR ADMINISTRATIVE LAW JUDGES; TO AMEND SECTION 1-23-650, RELATING TO PROMULGATION OF RULES, SO AS TO PROVIDE FOR PROMULGATION AND REVIEW OF RULES GOVERNING PRACTICE AND PROCEDURE BEFORE THE ADMINISTRATIVE LAW JUDGE DIVISION; AND TO AMEND SECTION 1-7-310, RELATING TO SOLICITORS, SO AS TO PROVIDE FOR THE QUALIFICATIONS OF SOLICITORS.
(R446) H. 3605 -- Reps. Sharpe and Harrison: AN ACT TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPT FROM THE RECORDING FEE, SO AS TO EXEMPT DEEDS IN LIEU OF FORECLOSURE AND DEEDS EXECUTED PURSUANT TO FORECLOSURE PROCEEDINGS.
(R447) 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: AN ACT 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 OF ACCOUNTANCY STANDARDS FOR FORMS OF PRACTICE, CONTINGENT FEES, AND COMMISSIONS.
(R448) 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: AN ACT 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 INCREASE THE BOARD OF PHYSICAL THERAPY EXAMINERS FROM FIVE TO NINE, 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, PROVIDING SANCTIONS FOR TREATING PATIENTS BEYOND THIRTY DAYS WITHOUT A REFERRAL FROM A DOCTOR OR DENTIST OR BEYOND THE SCOPE OF PRACTICE, 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.
(R449) H. 3889 -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: AN ACT TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "ACCESS TO EMERGENCY MEDICAL CARE ACT" SO AS TO PROVIDE THAT PRIOR TO REQUIRING AUTHORIZATION FROM A MANAGED CARE ORGANIZATION FOR MEDICAL TREATMENT AT AN EMERGENCY DEPARTMENT, THE PATIENT MUST BE SCREENED AND ANY EMERGENCY CONDITION STABILIZED; AND TO REQUIRE A MANAGED CARE ORGANIZATION TO INFORM ITS ENROLLEES AND AFFILIATED PROVIDERS OF ITS EMERGENCY MEDICAL CARE SERVICES AND POLICIES, TO PAY FOR THE SERVICES THAT IT INCLUDES IN ITS POLICIES, NOT TO RETROSPECTIVELY DENY OR REDUCE PAYMENTS IF THE EMERGENCY CONDITION WAS LATER DETERMINED NOT TO BE AN EMERGENCY AND TO PROVIDE EXCEPTIONS, AND NOT TO PROHIBIT OR DISCOURAGE THE APPROPRIATE USE OF THE 911 TELEPHONE NUMBER.
(R450) H. 3916 -- Reps. Seithel, Knotts, Whatley, Sharpe, Fleming, Riser and Simrill: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-185 SO AS TO PROHIBIT THE PURCHASE, BARTER, OR TRADE OF MARINE PRODUCTS HANDLED OR TAKEN UNLAWFULLY AND PROVIDE PENALTIES.
(R451) H. 3917 -- Rep. Klauber: AN ACT TO AMEND SECTION 33-6-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" AND SHARE OPTIONS, SO AS TO PROVIDE THAT, IN THE CASE OF A PUBLIC CORPORATION, THE TERMS AND CONDITIONS OF RIGHTS, OPTIONS, OR WARRANTS MAY INCLUDE RESTRICTIONS OR CONDITIONS THAT PRECLUDE OR LIMIT THE EXERCISE, TRANSFER, OR RECEIPT OF THE RIGHTS, OPTIONS, OR WARRANTS BY THE HOLDER OR HOLDERS OR BENEFICIAL OWNER OR OWNERS OF A SPECIFIED NUMBER OR PERCENTAGE OF THE OUTSTANDING VOTING SHARES OF THE PUBLIC CORPORATION OR BY ANY TRANSFEREE OR ANY SUCH HOLDER OR OWNER, OR THAT INVALIDATE OR VOID THE RIGHTS, OPTIONS, OR WARRANTS HELD BY THE HOLDER OR OWNER OR BY THE TRANSFEREE; TO AMEND SECTION 33-7-102, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" , SHAREHOLDERS, AND SPECIAL MEETINGS, SO AS TO PROVIDE FOR THE CASE OF A CORPORATION WHICH IS NOT A PUBLIC CORPORATION OR OF A PUBLIC CORPORATION MAKING ELECTION IN ITS ARTICLES OF INCORPORATION; TO AMEND SECTION 33-7-200, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988", VOTING, AND SHAREHOLDERS' LIST FOR MEETING, SO AS TO PROVIDE THAT THE SHAREHOLDERS' LIST MUST BE AVAILABLE FOR INSPECTION BY ANY SHAREHOLDER, BEGINNING IN THE CASE OF CORPORATIONS WHICH ARE NOT PUBLIC CORPORATIONS, ON THE DATE ON WHICH NOTICE OF THE MEETING IS GIVEN FOR WHICH THE LIST WAS PREPARED AND, IN THE CASE OF PUBLIC CORPORATIONS, NOT LATER THAN THE FIFTH BUSINESS DAY FOLLOWING SUCH DATE, IN EITHER CASE, CONTINUING THROUGH THE MEETING; TO AMEND SECTION 33-8-103, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" AND THE NUMBER AND ELECTION OF DIRECTORS, SO AS TO APPLY CERTAIN PROVISIONS TO A CORPORATION WHICH IS NOT A PUBLIC CORPORATION; TO AMEND SECTION 33-10-103, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" AND AMENDMENT OF ARTICLES OF INCORPORATION AND BYLAWS BY THE BOARD OF DIRECTORS AND THE SHAREHOLDERS, SO AS TO APPLY CERTAIN PROVISIONS TO A CORPORATION WHICH IS NOT A PUBLIC CORPORATION; TO AMEND SECTION 33-11-104, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988" AND THE MERGER OF A SUBSIDIARY, SO AS TO APPLY CERTAIN PROVISIONS TO A CORPORATION WHICH IS NOT A PUBLIC CORPORATION; TO AMEND SECTION 33-12-101, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988", THE SALE OF ASSETS IN THE REGULAR COURSE OF BUSINESS, AND THE MORTGAGE OF ASSETS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PUBLIC CORPORATION, ON THE TERMS AND CONDITIONS AND FOR THE CONSIDERATION DETERMINED BY THE BOARD OF DIRECTORS, MAY TRANSFER ANY OR ALL OF ITS PROPERTY TO A CORPORATION, ALL THE SHARES OF WHICH ARE OWNED BY THE PUBLIC CORPORATION; TO AMEND SECTION 33-13-102, RELATING TO THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988", DISSENTERS' RIGHTS, AND THE RIGHT TO DISSENT, SO AS TO PROVIDE THAT A SHAREHOLDER IS ENTITLED TO DISSENT FROM, AND OBTAIN PAYMENT OF THE FAIR VALUE OF, HIS SHARES, UPON THE APPROVAL OF A CONTROL SHARE ACQUISITION, IN THE CASE OF A CORPORATION WHICH IS NOT A PUBLIC CORPORATION, AND TO PROVIDE THAT NO DISSENTERS' RIGHTS ARE AVAILABLE FOR SHARES OF ANY CLASS OR SERIES OF SHARES WHICH, AT THE RECORD DATE FIXED TO DETERMINE SHAREHOLDERS ENTITLED TO RECEIVE NOTICE OF A VOTE AT THE MEETING OF SHAREHOLDERS TO ACT UPON THE AGREEMENT OF MERGER OR EXCHANGE, WERE EITHER LISTED ON A NATIONAL SECURITIES EXCHANGE OR DESIGNATED AS A NATIONAL MARKET SYSTEM SECURITY ON AN INTERDEALER QUOTATION SYSTEM BY THE NATIONAL ASSOCIATION OF SECURITIES DEALERS, INC.; AND TO AMEND SECTION 33-1-400, RELATING TO DEFINITIONS FOR THE "SOUTH CAROLINA BUSINESS CORPORATIONS ACT OF 1988", SO AS TO PROVIDE A DEFINITION FOR "PUBLIC CORPORATION" AND DEFINE IT TO MEAN A CORPORATION, A CLASS OF WHOSE EQUITY SECURITIES ARE REGISTERED WITH A FEDERAL AGENCY UNDER THE SECURITIES EXCHANGE ACT OF 1934 OR A SUCCESSOR ACT.
(R452) H. 3985 -- Reps. Seithel, Allison, Spearman, Meacham, Altman, Mason, Fleming, Campsen, Lee, Rodgers, Neilson, Cobb-Hunter, Byrd, Cato, Hinson, Simrill, Loftis, Mullen, Miller, Moody-Lawrence, Limehouse, Gamble and Stuart: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE OMNIBUS HEALTH BENEFITS AND EDUCATION ACT OF 1998 BY ADDING SECTION 38-33-325 SO AS TO REQUIRE HEALTH BENEFIT PLANS TO ALLOW FEMALE PARTICIPANTS DIRECT ACCESS, WITH LIMITATIONS BUT WITHOUT REFERRAL, TO OBSTETRICAL AND GYNECOLOGICAL HEALTH CARE SERVICES WITHIN THE PLAN BENEFITS AND TO REQUIRE THE PLAN TO INFORM FEMALE PARTICIPANTS IN WRITING OF THIS REQUIREMENT; BY ADDING SECTION 38-71-125 SO AS TO REQUIRE INDIVIDUAL AND GROUP HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS PROVIDING HOSPITALIZATION FOR MASTECTOMIES TO PROVIDE HOSPITALIZATION FOR AT LEAST FORTY-EIGHT HOURS; BY ADDING SECTION 38-71-130 SO AS TO REQUIRE HEALTH INSURANCE POLICIES AND HEALTH MAINTENANCE ORGANIZATIONS COVERING MASTECTOMY SURGERY TO PROVIDE COVERAGE FOR PROSTHETIC DEVICES AND RECONSTRUCTIVE BREAST SURGERY; AND BY ADDING SECTION 38-71-145 SO AS TO REQUIRE AN INSURER TO INCLUDE COVERAGE FOR MAMMOGRAMS AND PAP SMEARS AND PROSTATE CANCER EXAMINATIONS, SCREENINGS, AND DIAGNOSTIC LABORATORY WORK.
(R453) H. 4360 -- Reps. Limehouse, Wilkins, Altman, Barrett, Bauer, Barfield, H. Brown, Campsen, Cato, Dantzler, Davenport, Delleney, Felder, Fleming, Harrell, Harrison, Haskins, Hawkins, Jordan, Keegan, Kelley, Kinon, Klauber, Law, Littlejohn, Lloyd, McMaster, Maddox, Rice, Riser, Robinson, Sandifer, D. Smith, F. Smith, R. Smith, Tripp, Trotter, Vaughn, Whatley, Witherspoon, Young, Bailey, Cotty, Hinson, Gamble, Knotts, Leach, Meacham, Rodgers, Seithel, Stille, Easterday, Mason, Young-Brickell and J. Smith: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 48 SO AS TO ENACT THE "SEXUALLY VIOLENT PREDATOR ACT" INCLUDING PROVISIONS TO ESTABLISH PROCEDURES FOR DETERMINING IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, TO PROVIDE FOR THE RIGHTS OF SUCH PERSONS IN THIS PROCESS, TO AUTHORIZE THE COMMITMENT OF SUCH PERSON TO THE DEPARTMENT OF MENTAL HEALTH UPON ANTICIPATION OF RELEASE FROM INCARCERATION UNTIL THE PERSON IS SAFE TO BE AT LARGE AND IF RELEASED NOT LIKELY TO COMMIT ACTS OF SEXUAL VIOLENCE, TO PROVIDE FOR RELEASE PROCEDURES, AND TO PROVIDE FOR THE USE AND CONFIDENTIALITY OF CERTAIN RECORDS AND REPORTS; TO AMEND SECTION 16-3-1110, RELATING TO DEFINITIONS IN REGARD TO COMPENSATION OF VICTIMS OF CRIME AND TOLLING THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME WHO HAVE A CAUSE OF ACTION AGAINST AN INCARCERATED OFFENDER, SO AS TO FURTHER PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITATIONS FOR VICTIMS OF CRIME IN REGARD TO PERSONS RELEASED FROM COMMITMENT PURSUANT TO CHAPTER 48 OF TITLE 44; TO AMEND SECTION 16-3-1560, AS AMENDED, RELATING TO NOTIFICATION TO VICTIMS OF POST-CONVICTION PROCEEDINGS AFFECTING PROBATION, PAROLE, OR RELEASE OF THE OFFENDER, SO AS TO INCLUDE PROCEEDINGS UNDER THE SEXUALLY VIOLENT PREDATOR ACT; TO AMEND CHAPTER 3, TITLE 24, RELATING TO THE STATE PRISON SYSTEM, BY ADDING SECTION 24-3-85 SO AS TO AUTHORIZE THE DIRECTOR OF THE PRISON SYSTEM TO ADMIT AND DETAIN PERSONS TRANSFERRED PURSUANT TO AN INTERAGENCY AGREEMENT AUTHORIZED BY CHAPTER 48 OF TITLE 44; AND TO AMEND SECTION 44-22-10, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO THE RIGHTS OF MENTAL HEALTH PATIENTS, SO AS TO EXCLUDE FROM THE DEFINITION OF "PATIENT" A PERSON COMMITTED TO THE DEPARTMENT PURSUANT TO CHAPTER 48 OF TITLE 44.
(R454) H. 4439 -- Rep. Cooper: AN ACT 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 TO CORPORATIONS DISSOLVED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
(R455) H. 4446 -- Reps. Gamble and Knotts: AN ACT TO AMEND SECTION 34-3-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COPIES AND REPRODUCTIONS OF BANKING OR EDUCATIONAL LOAN RECORDS AND THEIR ADMISSIBILITY INTO EVIDENCE, SO AS TO PROVIDE FOR THE ADMISSIBILITY OF A REPRODUCTION IF THE ORIGINAL WOULD HAVE BEEN A BUSINESS RECORD FOR PURPOSES OF ADMISSIBILITY.
(R456) H. 4453 -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BAIT, ASSIST IN BAITING, OR CAUSE TO BE BAITED AN AREA OVER WHICH MIGRATORY BIRDS ARE BEING HUNTED, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, AND TO PROVIDE EXCEPTIONS.
(R457) H. 4505 -- Reps. Gamble, Boan, Haskins, Klauber, Knotts, Koon, Riser and Stuart: AN ACT TO AMEND SECTION 56-1-2030, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE DEFINITIONS, SO AS TO REVISE THE DEFINITION OF "GROSS VEHICLE WEIGHT RATING"; TO AMEND SECTION 56-3-115, AS AMENDED, RELATING TO THE PERMITTED USE OF GOLF CARTS ON SECONDARY STREETS AND HIGHWAYS, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH SUCH GOLF CARTS MAY BE USED; TO AMEND SECTION 56-5-4070, AS AMENDED, RELATING TO LENGTH OF VEHICLES AND LIMITATIONS ON VEHICLE COMBINATIONS, SO AS TO FURTHER PROVIDE FOR AUTHORIZED LENGTHS OF CERTAIN VEHICLES; TO AMEND SECTION 56-5-4090, AS AMENDED, RELATING TO THE LIMITATIONS ON LENGTHS AND LOADS OF CERTAIN POLE TRAILERS, LONGWOOD TRAILERS, AND SELF-PROPELLED POLE CARRIERS, SO AS TO PROVIDE THAT THE LIMITATIONS REGARDING LENGTH OF LOADS DO NOT APPLY TO LOADS OF IRON, STEEL, AND CONCRETE ARTICLES UNDER CERTAIN CONDITIONS, AND TO MAKE A TECHNICAL CORRECTION.
(R458) H. 4526 -- Reps. Kelley, Edge, Barfield and Keegan: AN ACT 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; TO AMEND SECTION 27-16-110, RELATING TO BINGO AND VIDEO POKER FOR PURPOSES OF THE CATAWBA INDIAN CLAIM SETTLEMENT ACT, SO AS TO UPDATE REFERENCES AND CHANGE THE MEASURE OF THE SPECIAL BINGO TAX PROVIDED FOR UNDER THE ACT FROM TEN PERCENT OF GROSS PROCEEDS OF A SESSION TO TEN PERCENT FOR EACH DOLLAR OF FACE VALUE FOR EACH BINGO CARD SOLD; AND TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO BINGO LICENSES, SO AS TO AUTHORIZE THE DEPARTMENT OF REVENUE TO ALLOW CLASS C LICENSES TO USE HARD BINGO CARDS AND PROVIDE THE QUALIFICATIONS OF THE LICENSEE NECESSARY FOR THE DEPARTMENT TO ALLOW THE USE OF HARD CARDS.
(R459) H. 4549 -- Reps. Allison, Hamilton, Altman, G. Brown, Inabinett, Rice, Mason, Stoddard, Beck, Sandifer, McKay, Battle, R. Smith, Walker, Canty, Keegan, Lloyd, Phillips, Rhoad, Riser, Breeland, McCraw, M. Hines, Neal, F. Smith, Mack, Wilkes, Byrd, Moody-Lawrence, Bauer, Barrett, Carnell, Jennings, D. Smith, Simrill, Vaughn, Young, Robinson, McGee, Rodgers, Littlejohn, Bowers, Jordan, Cave, Stille, Baxley, Gamble, Govan and McLeod: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY A PROPOSAL FOR THE CONSTRUCTION AND OPERATION OF A NURSING HOME FACILITY FOR STATE VETERANS.
(R460) H. 4566 -- Reps. Klauber and Scott: AN ACT TO AMEND SECTION 31-3-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF SURPLUS REAL PROPERTY UNDER THE HOUSING AUTHORITIES LAW, SO AS TO ADD LANGUAGE PROVIDING THAT AN AUTHORITY'S REAL ESTATE SHALL NOT BE CONSIDERED "SURPLUS TO ITS NEEDS" WHERE THE AUTHORITY'S COMMISSIONERS HAVE MADE CERTAIN DETERMINATIONS REGARDING THE REAL ESTATE, EVEN THOUGH THE REAL ESTATE IS NO LONGER NEEDED FOR ITS ORIGINAL PURPOSE.
(R461) H. 4569 -- Reps. Cato and Gamble: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-58-67 SO AS TO REQUIRE ANNUAL CONTINUING PROFESSIONAL EDUCATION FOR LICENSED MORTGAGE LOAN BROKERS; TO AMEND SECTIONS 40-58-10, 40-58-20, 40-58-30, 40-58-50, 40-58-55, 40-58-60, 40-58-65, 40-58-80, AND 40-58-110, ALL AS AMENDED, RELATING TO REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO REQUIRE LICENSING RATHER THAN REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO INCLUDE IN THE DEFINITION OF "EXEMPT PERSON OR ORGANIZATION" THOSE WHO PLACE OR SELL ALL OF THEIR CONVENTIONAL REAL ESTATE MORTGAGE LOANS WITH FEDERALLY INSURED INSTITUTIONS, TO REQUIRE TWO YEARS' EXPERIENCE WORKING AS AN ORIGINATOR BEFORE INITIAL LICENSING AND TO PROVIDE EXPERIENCE OR EDUCATIONAL EXCEPTIONS, TO DEFINE "ORIGINATOR"; TO ALLOW BROKERS PROPERLY REGISTERED BEFORE OCTOBER 1, 1998, TO CONTINUE TO ACT AS MORTGAGE LOAN BROKERS WITHOUT REGARD TO EXPERIENCE OR EDUCATION REQUIREMENTS ADDED BY THIS ACT, TO RAISE FROM FIVE TO TEN YEARS THE PERIOD AFTER WHICH CONVICTION OF CERTAIN OFFENSES A PERSON MAY NOT BE LICENSED AND TO PROVIDE EXCEPTIONS, TO AUTHORIZE THE SUSPENSION OF A LICENSE FOR VIOLATIONS, TO INCREASE THE INITIAL APPLICATION FEE AND ANNUAL RENEWAL FEE FROM FIVE TO FIVE HUNDRED FIFTY DOLLARS, AND TO ESTABLISH A COMMITTEE TO STUDY WHETHER OR NOT A LICENSING EXAMINATION SHOULD BE REQUIRED FOR MORTGAGE LOAN BROKERS, TO PROVIDE THE COMMITTEE'S MEMBERSHIP AND REQUIRE A REPORT TO THE GENERAL ASSEMBLY BEFORE FEBRUARY 1, 1999.
(R462) H. 4587 -- Reps. Bauer, Knotts, Barfield, Witherspoon, Bowers, Altman, Seithel, Lanford, Easterday, Bailey, Leach, J. Smith, Meacham, Sandifer, Littlejohn, Simrill, Mullen, Fleming, Klauber, Walker, Kelley, Koon, Stoddard, Stille, Beck, R. Smith, Harrell, Chellis, Clyburn, Barrett, Rhoad, Young-Brickell, Allison, Hamilton, Campsen, Kinon, Whatley, D. Smith, Gamble, Rodgers, McLeod, Tripp, Davenport, Jordan, Vaughn, Keegan, J. Brown, Cato, Baxley, Maddox, Jennings, Neilson, Limehouse and A. Harris: AN ACT TO AMEND SECTION 59-29-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STUDY OF THE UNITED STATES CONSTITUTION, THE DECLARATION OF INDEPENDENCE, AND THE FEDERALIST PAPERS AS A REQUISITE FOR HIGH SCHOOL GRADUATION, SO AS TO PROVIDE THAT ON VETERAN'S DAY OF EACH YEAR OR ON ANOTHER SPECIFIED DAY IF SCHOOLS ARE CLOSED ON VETERAN'S DAY, ALL ELEMENTARY, MIDDLE, AND HIGH SCHOOLS IN THIS STATE SHALL DEVOTE AT LEAST ONE HOUR TO A STUDY OF THE UNITED STATES CONSTITUTION AND THE DECLARATION OF INDEPENDENCE, TO PROVIDE THAT SCHOOLS ON VETERAN'S DAY MAY PERMIT STUDENTS TO ATTEND ACTIVITIES TO HONOR VETERANS AT LOCATIONS WITHIN THEIR RESPECTIVE COUNTIES WITH PRIOR PARENTAL CONSENT, AND TO PROVIDE THAT SUCH ATTENDANCE SHALL COUNT AS PART OF THE INSTRUCTIONAL DAY.
(R463) H. 4621 -- Reps. Boan, Knotts and McLeod: AN ACT TO AMEND SECTION 9-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACCIDENTAL DEATH BENEFIT PENSION UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REQUIRE THE BENEFITS PAID UNDER THIS PROGRAM TO BE ADJUSTED TO REFLECT INCREASES IN THE COST OF LIVING IN THE MANNER BENEFIT PAYMENTS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM ARE SO ADJUSTED.
(R464) H. 4634 -- Reps. Sandifer, Quinn, R. Smith, Easterday, Cooper, Simrill, Townsend, Kennedy, Rice, Trotter, Woodrum, Barrett, Cotty, Webb, Martin, Law, Kelley, Koon, Dantzler, McMaster, Harrell, Sharpe, McKay, H. Brown, Robinson, Young, McGee, Cato, Harrison, Riser, Boan, Jennings, Vaughn, Young-Brickell, Keegan, Felder, Haskins, Kirsh, Leach, Meacham and Lanford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-735 SO AS TO PROVIDE FOR THE PRORATION OF PROPERTY TAXES BETWEEN TRANSFEROR AND TRANSFEREE ON ITEMS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING MOTOR VEHICLES OR UNITS OF MANUFACTURED HOUSING, AND TO PROVIDE FOR THE LIABILITY FOR PAYMENT OF THE PRORATED TAXES.
(R465) H. 4649 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2237, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R466) H. 4654 -- Rep. Sharpe: AN ACT TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.
(R467) H. 4672 -- Reps. Edge, Kelley, Keegan, Mullen and Barfield: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, SECTION 27-32-170, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION TIME SHARING PLAN, AND SECTION 27-32-250, AS AMENDED, RELATING TO EXEMPTION FROM SALES TAX OF SALE OF A VACATION MULTIPLE OWNERSHIP INTEREST, ALL SO AS TO EXEMPT FROM SALES TAX THE SALE OR RESALE OR THE EXCHANGE OF AN INTEREST IN A VACATION TIME SHARING PLAN OR A VACATION MULTIPLE OWNERSHIP INTEREST; TO AMEND SECTION 12-21-4020, AS AMENDED, RELATING TO CLASSES OF BINGO LICENSES, SO AS TO ALLOW CERTAIN CLASS D LICENSEES TO USE HARD BINGO CARDS; AND TO AMEND SECTION 12-21-4090, RELATING TO BINGO CHECKING AND SAVINGS ACCOUNTS, SO AS TO EXCEPT THE HOLDER OF A CLASS D FAIR BINGO LICENSEE FROM ITS PROVISIONS.
(R468) H. 4735 -- Reps. Boan and Walker: AN ACT TO AMEND SECTION 1-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION AND BOUNDARIES OF THE STATE, SO AS TO REVISE A PORTION OF THE BOUNDARIES BETWEEN NORTH CAROLINA AND SOUTH CAROLINA.
(R469) H. 4754 -- Reps. Witherspoon, Sharpe, Bailey, Clyburn, Simrill, Meacham, Seithel, Inabinett, Mason, Littlejohn, McKay, Rodgers, Miller, Rhoad, Walker, Battle, Lloyd, Barfield, McMahand, J. Hines, Dantzler, Stille and Leach: AN ACT TO AMEND SECTION 50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO ALLOW SALE OF EXOTIC FARM-RAISED DEER BY OFFICIAL FOOD SERVICE ESTABLISHMENTS AND WHOLESALE FOOD DISTRIBUTORS WHO COMPLY WITH INSPECTION, RECORDKEEPING, AND OTHER REQUIREMENTS.
(R470) H. 4767 -- Reps. Young, Harrison and Wilkins: AN ACT TO AMEND SECTION 16-3-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES, SO AS TO REVISE THE DEFINITIONS OF "VICTIM", "PERSON", AND "CRIMINAL OFFENSE"; TO AMEND SECTION 16-3-1525, RELATING TO LAW ENFORCEMENT NOTIFICATION OF VICTIMS AND WITNESSES OF THE ARREST OR DETENTION OF CERTAIN PERSONS ACCUSED OF COMMITTING A CRIME AND BOND AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT DETAINS CERTAIN JUVENILES IS RESPONSIBLE FOR NOTIFYING THE VICTIMS OF CERTAIN PRETRIAL, BOND, AND DETENTION HEARINGS, OR PRETRIAL RELEASES, TO PROVIDE THAT THE ARRESTING AGENCY MUST ATTEMPT TO PROVIDE EACH VICTIM OF EACH CASE FOR WHICH BOND IS BEING DETERMINED OF HIS RIGHT TO ATTEND THE BOND HEARING AND MAKE RECOMMENDATIONS TO THE PRESIDING JUDGE; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO A DETENTION FACILITY'S DUTY TO NOTIFY A VICTIM OF THE RELEASE, ESCAPE, OR TRANSFER OF AN ACCUSED PERSON, SO AS TO REVISE THE NOTIFICATION PROCEDURE AS IT RELATES TO JUVENILE OFFENDERS; TO AMEND SECTION 16-3-1555, RELATING TO EXPERT WITNESS FEES AND THE DISTRIBUTION AND FILING OF VICTIMS' IMPACT STATEMENTS, SO AS TO PROVIDE THAT A VICTIM'S IMPACT STATEMENT MAY BE SEALED UNTIL THE DEFENDANT HAS BEEN ADJUDICATED, FOUND GUILTY, OR PLED GUILTY; TO AMEND SECTION 16-3-1560, AS AMENDED, RELATING TO THE NOTIFICATION OF A VICTIM OF CERTAIN POST-CONVICTION PROCEEDINGS AND THE VICTIM'S RIGHT TO ATTEND, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, THE BOARD OF JUVENILE PAROLE, OR THE DEPARTMENT OF JUVENILE JUSTICE MUST ATTEMPT TO NOTIFY EACH VICTIM WHO HAS INDICATED A DESIRE TO BE NOTIFIED OF CERTAIN POST-CONVICTION PROCEEDINGS; TO PROVIDE FOR THE DISTRIBUTION OF CERTAIN ASSESSMENTS COLLECTED BY THE MAGISTRATE'S, FAMILY, AND MUNICIPAL COURTS, TO PROVIDE FOR THE AUDITING OF RECORDS OF CERTAIN COLLECTIONS OF ASSESSMENTS AND DISBURSEMENTS BY THE COUNTY TREASURERS, CLERKS OF COURT, MAGISTRATES, AND MUNICIPAL COURTS BY THE STATE AUDITOR TO DETERMINE WHETHER THE ASSESSMENTS ARE PROPERLY COLLECTED AND REMITTED TO THE STATE TREASURER, AND TO PROVIDE FOR THE SUBMISSION OF THE AUDIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO AMEND SECTION 14-1-211, RELATING TO THE GENERAL SESSIONS COURT SURCHARGE, SO AS TO REVISE THE LIST OF ACTIVITIES THAT MAY BE FUNDED BY THE SURCHARGE; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES, SO AS TO REVISE THE DEFINITIONS OF "VICTIM", "PERSON", AND "CRIMINAL OFFENSE"; AND TO AMEND SECTION 20-7-8320, RELATING TO THE CONDITIONAL RELEASE OF A JUVENILE FROM A CORRECTIONAL SCHOOL, SO AS TO MAKE A TECHNICAL CHANGE, TO REVISE THE AGE OF A JUVENILE WHEN HIS CONDITIONAL RELEASE MAY EXPIRE, AND TO REVISE THE CONDITIONS THAT MAY BE IMPOSED UPON A CONDITIONAL RELEASE.
(R471) H. 4775 -- Rep. Wilkins: AN ACT TO AMEND SECTION 27-18-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATOR'S NOTICE OF ABANDONED PROPERTY UNDER THE UNIFORM UNCLAIMED PROPERTY ACT, SO AS TO REVISE THE PUBLICATION PROCEDURE FOR PUBLISHING OF NOTICE AND TO DELETE REQUIREMENT OF A MAILED NOTICE.
(R472) H. 4785 -- Reps. Wilkins and Harrison: AN ACT TO AMEND SECTION 33-42-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITHDRAWAL OF A LIMITED PARTNER FROM A LIMITED PARTNERSHIP, SO AS TO PROVIDE THAT A LIMITED PARTNER MAY WITHDRAW ONLY AT THE TIME OR UPON THE HAPPENING OF EVENTS SPECIFIED IN A WRITTEN PARTNERSHIP AGREEMENT, EXCEPT IN THE CASE OF A WRITTEN AGREEMENT ENTERED INTO BEFORE JULY 1, 1998, WHICH DID NOT SPECIFY THOSE EVENTS IN THAT AGREEMENT OR IN AN AMENDED AGREEMENT ENTERED INTO AFTER JULY 1, 1998.
(R473) H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: AN ACT 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.
(R474) H. 4801 -- Rep. Boan: AN ACT TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES TAX, SO AS TO CLARIFY THE TYPES OF SCHOOL MATERIALS WHICH QUALIFY FOR THE EXEMPTION, TO DELETE THE REQUIREMENT THAT FESTIVALS MUST BE OFFICIALLY RECOGNIZED AS SPECIAL EVENTS BEFORE CONCESSIONS SOLD THERE ARE EXEMPT, AND TO EXEMPT, AS OF JUNE 28, 1999, THE SALE OF DRUGS USED IN THE TREATMENT OF CANCER, LYMPHOMA, LEUKEMIA, OR RELATED DISEASES.
(R475) H. 4822 -- Rep. Jennings: AN ACT TO AMEND SECTION 12-54-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF A WARRANT OF DISTRAINT IN INSTANCES OF PAST DUE TAXES, SO AS TO CREATE A LIEN IN FAVOR OF THE DEPARTMENT OF REVENUE AGAINST ALL PROPERTY OF A PERSON WHO DOES NOT PAY PAST DUE TAXES; AND BY ADDING SECTION 12-54-122 SO AS TO REFER TO THE LIEN AS "TAX LIEN" AND TO DESCRIBE ITS EFFECTS, TO DEFINE MATERIAL TERMS, AND TO SET FORTH PROCEDURES FOR ESTABLISHING AND ENFORCING THE VALIDITY AND PRIORITY OF THE TAX LIEN IMPOSED FOR PAST DUE TAXES.
(R476) H. 4837 -- Reps. Cave and Rhoad: AN ACT TO REQUIRE BEFORE JANUARY 1, 1999, THE BARNWELL COUNTY ELECTION COMMISSION TO RECOMMEND TO THE BARNWELL COUNTY LEGISLATIVE DELEGATION A PLAN TO GEOGRAPHICALLY REDEFINE THE BOUNDARIES OF THOSE PRECINCTS IN BARNWELL COUNTY WHICH ARE IDENTICAL; AND TO AMEND SECTION 7-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BARNWELL COUNTY, SO AS TO PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE DETERMINED BY THE BARNWELL COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE BARNWELL COUNTY LEGISLATIVE DELEGATION.
(R477) H. 4841 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R478) H. 4842 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF FUNERAL SERVICE, RELATING TO CONTINUING EDUCATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2271, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R479) H. 4844 -- Rep. G. Brown: AN ACT TO PROVIDE FOR ELECTION OF THE LEE COUNTY BOARD OF EDUCATION CHAIRMAN AND VICE CHAIRMAN AT THE BOARD'S REGULAR JANUARY MEETING AND TO MAKE THE APPLICATION OF THIS PROVISION RETROACTIVE.
(R480) H. 4865 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO EVALUATION OF TEACHERS EMPLOYED UNDER PROVISIONAL CONTRACTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2224, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R481) H. 4870 -- Reps. Jennings, Baxley, Harrell, Knotts and Scott: AN ACT 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 MUST 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 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 PROHIBIT ISSUANCE OF A PERMANENT MINIBOTTLE LICENSE UNTIL INTERESTED PERSONS HAVE BEEN HEARD.
(R482) H. 4876 -- Rep. Cromer: AN ACT 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.
(R483) H. 4882 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, PILOTAGE COMMISSION, PORT OF PORT ROYAL, RELATING TO PORT OF PORT ROYAL, APPRENTICE TRAINING AND QUALIFICATION; SHORT BRANCH QUALIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2278, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R484) H. 4883 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE ATHLETIC COMMISSION, RELATING TO BOXING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2273, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R485) H. 4886 -- Reps. Sharpe and Witherspoon: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH CROSSBOWS MAY BE USED BY CERTAIN PERSONS IN THE HUNTING AND TAKING OF GAME.
(R486) H. 4922 -- Reps. Harrison, Jennings, Altman, Knotts, McMaster and Maddox: AN ACT TO AMEND SECTION 56-5-2780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTY ASSOCIATED WITH UNLAWFULLY PASSING A STOPPED SCHOOL BUS, SO AS TO REVISE THE PENALTY FOR A FIRST OFFENSE.
(R487) H. 4947 -- Reps. Pinckney, Mullen and Rodgers: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-143 AND 50-21-144 SO AS TO CREATE A NO-WAKE ZONE, RESPECTIVELY, ON A CERTAIN PORTION OF THE LITTLE CHECHESSEE CREEK IN BEAUFORT COUNTY AND ON A PORTION OF CAT CREEK.
(R488) H. 4949 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-67-270 SO AS TO PROVIDE FOR A COURT-ORDERED LICENSE UNDER CERTAIN CONDITIONS TO ENTER ADJOINING REAL PROPERTY TO EFFECT REPAIRS, MAINTENANCE, OR IMPROVEMENTS ON OTHER PROPERTY UPON A SHOWING OF NECESSITY AND REASONABLENESS, TO REQUIRE A GOOD FAITH EFFORT TO OBTAIN THE LANDOWNER'S CONSENT BEFORE PETITIONING THE COURT FOR LICENSE TO ENTER, TO DEFINE "GOOD FAITH EFFORT", TO SPECIFY LIMITATIONS ON THE SCOPE AND DURATION OF A COURT-ORDERED LICENSE, TO AUTHORIZE A BOND OR OTHER SECURITY, AND TO PROVIDE IMMUNITY FROM LIABILITY.
(R489) H. 4983 -- Rep. McLeod: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-722 SO AS TO MAKE IT UNLAWFUL TO KNOWINGLY FILE A FALSE POLICE REPORT, TO PROVIDE PENALTIES, AND TO AUTHORIZE THE COURT TO REQUIRE RESTITUTION TO BE PAID TO THE INVESTIGATING AGENCY FOR COSTS INCURRED IN THE INVESTIGATION.
(R490) H. 4991 -- Rep. Baxley: AN ACT TO AMEND SECTION 56-5-1290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT TRAFFIC ACCIDENT REPORTS SHALL NOT BE REFERRED TO IN ANY WAY OR USED AS EVIDENCE OF NEGLIGENCE OR DUE CARE AT TRIALS REGARDING SUCH ACCIDENTS, SO AS TO PROVIDE THAT LAW ENFORCEMENT OFFICERS MAY REFER TO THESE REPORTS WHEN TESTIFYING IN ORDER TO REFRESH THEIR RECOLLECTION OF EVENTS.
(R491) H. 4994 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2264, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R492) H. 4995 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO REQUIREMENTS FOR TRADE AND INDUSTRIAL CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2279, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R493) H. 4996 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, RELATING TO ARTICLE 5, STATE TRANSPORT POLICE REGULATIONS, SUBARTICLE 1, UNMANUFACTURED FOREST PRODUCTS TRUCKING REGULATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R494) H. 5015 -- Reps. Battle, M. Hines, J. Hines, McGee, McKay and Kinon: AN ACT 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 OF SOUTH CAROLINA, 1895; 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.
(R495) H. 5061 -- Rep. G. Brown: AN ACT TO CREATE THE LEE COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE LEE COUNTY ELECTION COMMISSION AND LEE COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
(R496) H. 5073 -- Medical, Military, Public and Municipal Affairs Committee: AN ACT TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.
(R497) H. 5084 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DRIVER TRAINING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2263, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R498) H. 5085 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2226, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R499) H. 5117 -- Reps. McGee, McKay and Young: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA TUITION PREPAYMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2253, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R500) H. 5140 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2281, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R501) H. 5143 -- Rep. Fleming: AN ACT TO ENACT THE SCHOOL DISTRICT OF UNION COUNTY SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN UNION COUNTY NOT TO EXCEED TWO PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION; AND TO AMEND ACT 79 OF 1955, AS AMENDED, RELATING TO THE SCHOOL DISTRICT OF UNION COUNTY, SO AS TO DELETE PROVISIONS PERTAINING TO CERTAIN PROCEDURAL MATTERS OF THE BOARD AND COMPENSATION OF BOARD MEMBERS.
(R502) H. 5150 -- Rep. Clyburn: 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.
(R503) H. 5201 -- Rep. G. Brown: AN ACT TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE FOR THE ELECTION OF THE CHAIRMAN AND VICE CHAIRMAN AT ITS REGULAR MEETING IN JANUARY, 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.
At 3:25 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., June 4, 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. 3563:
H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the adoption of the previously adopted Conference Report to S. 489 on June 5, 1997, and withdrew the report:
S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
Very respectfully,
President
The following was received.
Columbia, S.C., June 4, 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 S. 489:
S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4438:
H. 4438 -- Reps. Davenport, Knotts and Limehouse: A BILL TO AMEND SECTION 6-9-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO INCREASE THE MEMBERSHIP OF THE COUNCIL FROM FIFTEEN TO SIXTEEN MEMBERS AND TO INCREASE THE NUMBER OF MEMBERS CONSTITUTING A QUORUM FOR THE PURPOSE OF COUNCIL MEETINGS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 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 S. 271:
S. 271 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4535:
H. 4535 -- Ways and Means Committee: A BILL TO AMEND TITLE 59, OF THE 1976 CODE BY ADDING CHAPTER 149 SO AS TO ESTABLISH LEGISLATIVE INCENTIVES FOR FUTURE EXCELLENCE (LIFE) SCHOLARSHIPS UNDER WHICH THE STATE OF SOUTH CAROLINA SHALL PROVIDE SCHOLARSHIPS TO COVER THE COST OF ATTENDANCE UP TO SPECIFIED LIMITS TO ELIGIBLE RESIDENT STUDENTS ATTENDING CERTAIN PUBLIC OR INDEPENDENT TWO-YEAR AND FOUR-YEAR INSTITUTIONS OF HIGHER LEARNING IN THIS STATE AND TECHNICAL COLLEGES; AND BY ADDING SECTION 12-6-3385 SO AS TO ALLOW A REFUNDABLE STATE INDIVIDUAL INCOME TAX CREDIT UP TO SPECIFIED LIMITS FOR TUITION PAID AT A PUBLIC OR INDEPENDENT INSTITUTION OF HIGHER LEARNING IN THIS STATE AND TO DEFINE SUCH INSTITUTIONS, TO PROVIDE THE CRITERIA STUDENTS ELIGIBLE FOR THE CREDIT MUST MEET, TO DEFINE TUITION FOR PURPOSES OF THE CREDIT, AND TO PROVIDE THAT THE CREDIT APPLIES ONLY FOR STUDENTS GRADUATING FROM HIGH SCHOOL DURING OR AFTER MAY, 1998.
Very respectfully,
President
On motion of Rep. HASKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. H. BROWN, BOAN and YOUNG-BRICKELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate sent to the House the following:
S. 1288 -- Senators Land, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, J. Verne Smith, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO BART COX, LONG-TIME LOBBYIST OF THE SOUTH CAROLINA BEER ASSOCIATION, ON LEARNING OF HIS RECENT ILLNESS AND WISHING FOR HIM ALL THE BEST AS HE ENTERS INTO TREATMENT.
Whereas, the members of the General Assembly were shocked and saddened to learn that Mr. Bart Cox, long-time lobbyist for the South Carolina Beer Association, has been stricken by serious illness requiring immediate treatment; and
Whereas, in his long career as a lobbyist, he has brought to that work the respect and class that personifies the best tradition in that profession-strong advocacy for his employers and directness and good faith in his representations to legislators; and
Whereas, his word is known to be his bond, and the quality of the representation he has accomplished for his employer has made it not only possible but essential that legislators rely on his advice, good counsel, and information when legislating on issues in which Bart has an interest; and
Whereas, his good humor, affability, and self-deprecating humor have made him a favorite of legislators, legislative staff, and fellow lobbyists; and
Whereas, knowing the important part played in facing illness and treatment for it by good spirits, devoted family, and a network of devoted friends, the members of the General Assembly, by this resolution, want to assure Bart that those who share the legislative world in which he has labored for so long are pulling for him in every way. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, express their best wishes to Bart Cox, long-time lobbyist of the South Carolina Beer Association, on learning of his recent illness and wish for him all the best as he enters into treatment.
Be it further resolved that a copy of this resolution be forwarded to Mr. Bart Cox.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5243 -- Rep. Clyburn: A CONCURRENT RESOLUTION RECOGNIZING THE GOOD BEGINNINGS AND OUTSTANDING FOUNDATION IN EDUCATION PROVIDED BY THE SECOND BAPTIST CHRISTIAN PREPARATORY SCHOOL OF AIKEN TO ITS YOUNG SCHOLARS AND EXTENDING THE FIVE-YEAR OLD KINDERGARTEN GRADUATING CLASS THE HEARTIEST CONGRATULATIONS AND BEST WISHES FOR THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. LITTLEJOHN and the Spartanburg Delegation made a statement relative to Danny Bruce's service in the House.
Rep. HARRISON moved to reconsider the vote whereby the following Bill was recommitted, which was agreeed to.
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.
Rep. HARRISON moved to adjourn debate upon the Bill, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3316 -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.
Rep. HARRISON proposed the following Amendment No. 5A (Doc Name P:\AMEND\BBM\9962AC.98), which was adopted.
Amend the bill, as and if amended, Section 56-5-2990, page 3316-2, line 24, before /,/ by inserting / and (E) /.
Amend further, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. Section 56-1-365 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 56-1-365. (A) Any A person who forfeits bail posted for, is convicted of, or pleads guilty or nolo contendere in general session sessions, municipal, or magistrate's court to an offense which requires that his driver's license be revoked or suspended shall surrender immediately or cause to be surrendered his driver's license to the clerk of court or magistrate upon the verdict or plea. The defendant must be notified at the time of arrest of his obligation to bring, and surrender his license, if convicted, to the court or magistrate at the time of his trial, and if he fails to produce his license after conviction, he may be fined in an amount not to exceed two hundred dollars. If the defendant fails subsequently to surrender his license to the clerk or magistrate immediately after conviction, he must be fined not less than fifty dollars nor more than two hundred dollars.
(B) The department may collect from the clerk of court or magistrate the driver's license and ticket immediately after receipt. Along with the driver's license, the clerks and magistrates shall must give the department's agents tickets, arrest warrants, and other documents or copies of them, as necessary for the department to process the revocation or suspension of the licenses. If the department does not collect the license and ticket immediately, the magistrate or clerk shall must forward the license, ticket, and other documentation to the department within five days after receipt. Any A clerk or magistrate who wilfully fails or neglects to forward the driver's license and ticket as required in this section is liable to indictment and, upon conviction, must be fined not exceeding five hundred dollars.
(C) The department shall notify the defendant of the suspension or revocation. Except as provided below in Section 56-5-2990, if the defendant surrendered his license to the magistrate or clerk immediately after conviction, the effective date of the revocation or suspension is the date of surrender. If the magistrate or clerk wilfully fails to forward the license and ticket to the department within five days, the suspension or revocation does not commence begin until the department receives and processes them the license and ticket.
(D) If the defendant is already under suspension for a previous offense at the time of his conviction or plea, the period of suspension for the subsequent offense runs consecutively and does not commence until the expiration of the suspension or revocation for the prior offense.
(E) If the defendant fails to surrender his license, the suspension or revocation operates as otherwise provided by law.
(F) If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act acts as a supersedeas as provided in Section 56-1-430. Upon payment of a ten-dollar fee and presentment by the defendant of a certified or clocked-in copy of the notice of appeal, the department shall issue him a certificate which entitles him to operate a motor vehicle for a period of sixty days after the verdict or plea. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period, and failure to have it in his possession is punishable in the same manner as failure to have a driver's license in possession while operating a motor vehicle."/
Renumber sections to conform.
Amend title to conform.
Rep. HARRISON 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.
Rep. JENNINGS 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.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Baxley Bowers Brown, J. Brown, T. Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Delleney Edge Emory Felder Gamble Gourdine Govan Hamilton Harris Haskins Hawkins Hines, J. Hinson Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Klauber Knotts Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McCraw McGee McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Pinckney Rice Riser Rodgers Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Vaughn Webb Whipper Wilder Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Altman Bauer Dantzler Davenport Lanford Rhoad Scott
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. JENNINGS, SIMRILL and MADDOX to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
I did not vote for Free Conference on this Bill because .08 as a threshold for DUI was not a part of the Bill. I feel the Senate should be held accountable.
Rep. RICHARD M. QUINN, JR.
The following was introduced:
H. 5244 -- Rep. T. Brown: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE MR. JOHNATHAN MOULTRIE OF GEORGETOWN FOR HIS MANY ACCOMPLISHMENTS AND YEARS OF DEVOTED SERVICE AS AN EDUCATOR, AND TO EXTEND BEST WISHES TO HIM AND HIS FAMILY ON THE OCCASION OF HIS RETIREMENT.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 1289 -- Senator Courson: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE AVAILABLE MEETING SPACE IN THE BLATT AND GRESSETTE OFFICE BUILDINGS FOR ITS ANNUAL MEETING ON WEDNESDAY, NOVEMBER 4, 1998, THURSDAY, NOVEMBER 5, 1998, AND FRIDAY, NOVEMBER 6, 1998, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and
Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina Student Legislature is allowed the use of the Blatt and Gressette Office Buildings for its annual meeting on Wednesday, November 4, 1998, Thursday, November 5, 1998, and Friday, November 6, 1998, during normal business hours (8:30 p.m.- 5:00 p.m.), in accordance with the building policy as administered by the Clerks of the respective bodies. If the General Assembly is in statewide session on any of these days, the Gressette or Blatt Buildings may not be used.
Be it further resolved that no expense may be charged to the South Carolina Student Legislature for the use of the Blatt and Gressette Buildings and the use must be in strict accordance with the building policy as administered by the Clerks of the House and Senate.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. NEILSON and the Chesterfield Delegation made a statement relative to Rep. BAXLEY's service in the House.
Rep. BAXLEY made a statement relative to his service in the House.
The House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
H. 4853 -- Rep. Boan: A BILL TO AMEND SECTION 12-28-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM TAX ON MOTOR FUEL, SO AS TO SET PERCENTAGES OF REFUND FOR TAXABLE MOTOR FUEL USED TO OPERATE CERTAIN POWER TAKE-OFF EQUIPMENT, AND TO EXEMPT KEROSENE IN CERTAIN INSTANCES AND MOTOR FUEL USED TO TRANSPORT STUDENTS FOR STATE-FUNDED INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 12-28-1730, RELATING TO PENALTIES IN CONNECTION WITH TAX ON MOTOR FUEL, SO AS TO FURTHER PROVIDE FOR THE CIVIL PENALTIES WHICH MAY BE IMPOSED REGARDING THE SALE OR USE OF DYED FUEL; AND TO REPEAL SECTIONS 12-31-220 AND 12-31-250 RELATING TO TEMPORARY AND BIENNIAL REGISTRATION CARDS AND IDENTIFICATION MARKERS FOR MOTOR CARRIERS.
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
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. Section 30-4-30 of the 1976 Code is amended by adding:
"(d) The following records of a public body must be made available for public inspection and copying during the hours of operations of the public body without the requestor being required to make a written request to inspect or copy the records when the requestor appears in person:
(1) minutes of the meetings of the public body for the preceding six months;
(2) all reports identified in Section 30-4-50(A)(8) for at least the fourteen-day period before the current day; and
(3) documents identifying persons confined in any jail, detention center, or prison for the preceding three months."
SECTION 2. That portion of Section 30-4-40(a) of the 1976 Code, which precedes item (1), is amended to read:
"The following matters are exempt from disclosure under the provisions of this chapter: A public body may but is not required to exempt from disclosure the following information:"
SECTION 3. Section 30-4-40(a)(5) of the 1976 Code is amended to read:
"(5) Documents of and documents incidental to proposed contractual arrangements and documents of and documents incidental to proposed sales or purchases of property; however:
(a) these documents are not exempt from disclosure once a contract is entered into or the property is sold or purchased except as otherwise provided in this section;
(b) a contract for the sale or purchase of real estate shall remain exempt from disclosure until the deed is executed, but this exemption applies only to those contracts of sale or purchase where the execution of the deed occurs within twelve months from the date of sale or purchase;
(c) confidential proprietary information provided to a public body for economic development or contract negotiations purposes is not required to be disclosed."
SECTION 4. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) All materials, regardless of form, gathered by a public body during a search to fill an employment position, except that materials relating to not fewer than the final three applicants under consideration for a position must be made available for public inspection and copying. In addition to making available for public inspection and copying the materials described in this item, the public body must disclose, upon request, the number of applicants considered for a position. For the purpose of this item 'materials relating to not fewer than the final three applicants' do not include an applicant's income tax returns, medical records, social security number, or information otherwise exempt from disclosure by this section."
SECTION 5. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( )(A) Data, records, or information of a proprietary nature, produced or collected by or for faculty or staff of state institutions of higher education in the conduct of or as a result of study or research on commercial, scientific, technical, or scholarly issues, whether sponsored by the institution alone or in conjunction with a governmental body or private concern, where the data, records, or information has not been publicly released, published, copyrighted, or patented.
(B) Any data, records, or information developed, collected, or received by or on behalf of faculty, staff, employees, or students of a state institution of higher education or any public or private entity supporting or participating in the activities of a state institution of higher education in the conduct of or as a result of study or research on medical, scientific, technical, scholarly, or artistic issues, whether sponsored by the institution alone or in conjunction with a governmental body or private entity until the information is published, patented, otherwise publicly disseminated, or released to an agency whereupon the request must be made to the agency. This item applies to, but is not limited to, information provided by participants in research, research notes and data, discoveries, research projects, proposals, methodologies, protocols, and creative works.
(C) The exemptions in this item do not extend to the institution's financial or administrative records."
SECTION 6. Section 30-4-40(a) of the 1976 Code, as last amended by Section 31D, Part II, Act 458 of 1996, is further amended by adding an appropriately numbered item to read:
"( ) The identity, or information tending to reveal the identity, of any individual who in good faith makes a complaint or otherwise discloses information, which alleges a violation or potential violation of law or regulation, to a state regulatory agency."
SECTION 7. Section 30-4-50(A)(8) of the 1976 Code, as last amended by Act 269 of 1992, is further amended to read:
"(8) incident reports which disclose the nature, substance, and location of any crime or alleged crime reported as having been committed. Where an a incident report contains information exempt as otherwise provided by law, the law enforcement agency may delete that information from the incident report."
SECTION 8. Section 30-4-70 of the 1976 Code is amended to read:
"Section 30-4-70. (a) A public body may hold a meeting closed to the public for one or more of the following reasons:
(1) Discussion of employment, appointment, compensation, promotion, demotion, discipline, or release of an employee, a student, or a person regulated by a public body or the appointment of a person to a public body; however, if an adversary hearing involving the employee or client is held, such the employee or client has the right to demand that the hearing be conducted publicly. Nothing contained in this item shall prevent the public body, in its discretion, from deleting the names of the other employees or clients whose records are submitted for use at the hearing.
(2) Discussion of negotiations incident to proposed contractual arrangements and proposed sale or purchase of property, the receipt of legal advice where the legal advice relates to a pending, threatened, or potential claim or other matters covered by the attorney-client privilege, settlement of legal claims, or the position of the public agency in other adversary situations involving the assertion against said the agency of a claim.
(3) Discussion regarding the development of security personnel or devices.
(4) Investigative proceedings regarding allegations of criminal misconduct.
(5) Discussion of matters relating to the proposed location, expansion, or the provision of services encouraging location or expansion of industries or other businesses in the area served by the public body.
(6)(b) Prior Before to going into executive session the public agency shall vote in public on the question and when such the vote is favorable, the presiding officer shall announce the specific purpose of the executive session. As used in this subsection, 'specific purpose' means a description of the matter to be discussed as identified in items (1) through (5) of subsection (a) of this section. However, when the executive session is held pursuant to Sections 30-4-70(a)(1) or 30-4-70(a)(5), the identity of the individual or entity being discussed is not required to be disclosed to satisfy the requirement that the specific purpose of the executive session be stated. No formal action may be taken in executive session. As used in this item "formal action" means a recorded vote committing the body concerned to a specific course of action. No vote action may be taken in executive session except to (a) adjourn or (b) return to public session. The members of a public body may not commit the public body to a course of action by a polling of members in executive session.
(b)(c) No chance meeting, social meeting, or electronic communication may be used in circumvention of the spirit of requirements of this chapter to act upon a matter over which the public body has supervision, control, jurisdiction, or advisory power.
(c)(d) This chapter does not prohibit the removal of any person who wilfully disrupts a meeting to the extent that orderly conduct of the meeting is seriously compromised.
(d)(e) Sessions of the General Assembly may enter into executive sessions authorized by the Constitution of this State and rules adopted pursuant thereto."
SECTION 9. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Glenn F. McConnell /s/James S. "Jim" Klauber /s/C. Tyrone Courtney /s/William Jeffrey "Jeff" Young /s/Robert Ford /s/John David Hawkins On Part of the Senate. On Part of the House.
Rep. KLAUBER explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested Free Conference powers and appointed Senators Hayes, Hutto and Jackson of the Committee of Free Conference on the part of the Senate on S. 174.
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 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 Free Conference on S. 174:
S. 174 -- Senator Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-286 SO AS TO PROVIDE FOR A SIX-MONTH'S SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON UNDER THE AGE OF TWENTY-ONE OPERATING A MOTOR VEHICLE WHO HAS A BLOOD ALCOHOL CONTENT IN EXCESS OF TWO ONE-HUNDREDTHS OF ONE PERCENT, TO PROVIDE THAT LICENSED DRIVERS UNDER TWENTY-ONE HAVE CONSENTED TO BE TESTED, TO LIMIT TESTING TO INCIDENTS IN WHICH A PERSON HAS BEEN ARRESTED FOR A TRAFFIC OFFENSE, TO PRESCRIBE THE METHOD AND PROCEDURES FOR TESTING AND REQUIRE AN AUTOMATIC SIX-MONTH'S SUSPENSION FOR REFUSAL TO BE TESTED, TO PROVIDE THAT THE SUSPENSION BEGINS IMMEDIATELY UPON THE OFFICER TAKING POSSESSION OF THE LICENSE, TO PROVIDE FOR AN ADMINISTRATIVE HEARING ON THE SUSPENSION AT THE DRIVER'S REQUEST, AND TO PROVIDE THAT A PERSON WHOSE LICENSE IS SUSPENDED IS NOT REQUIRED TO FILE PROOF OF FINANCIAL RESPONSIBILITY.
Very respectfully,
President
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
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. Section 4-23-880 of the 1976 Code is amended to read:
"Section 4-23-880. It is unlawful in the fire district to park within five hundred feet of a place where fire apparatus or an emergency vehicle is stopped in answer to a fire alarm nor shall anyone an emergency and no person shall cause any highway, road, either public or private, in such the area of fire apparatus or emergency vehicles to be blocked by his vehicle in such a manner that fire apparatus or emergency vehicles will be hindered from reaching the scene of the fire emergency. It is also unlawful to drive a vehicle over any unprotected hose of a fire department without the consent of the fire department official in command on any street, road, or private driveway when such the hose is being used for fire fighting without consent of the fire department official in command. Any A person who violates the provisions of this section is deemed guilty of a misdemeanor and, upon conviction, must be fined not less than ten dollars nor or more than one hundred dollars."
SECTION 2. Section 56-5-1960 of the 1976 Code is amended to read:
"Section 56-5-1960. The driver of any vehicle other than one on official business shall not follow any fire apparatus traveling in response to a fire alarm an emergency closer than five hundred feet or stop such vehicle within five hundred feet of any fire apparatus stopped in answer to a fire alarm an emergency."
SECTION 3. Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-3725. License plates issued pursuant to this chapter shall not contain a reference to a private or public college or university in this State or use symbols, designs, or logos of these institutions without the institution's written authorization."
SECTION 4. Section 5-25-30 of the 1976 Code is repealed.
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Thomas L. Moore /s/George H. Bailey /s/Larry A. Martin /s/Harry R. Askins /s/Ralph Anderson /s/Lynn Seithel On Part of the Senate. On Part of the House.
Rep. ASKINS explained the Conference Report.
The Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
H. 4445 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
On motion of Rep. HARRISON, the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly.
H. 4804 -- Rep. Jennings: A BILL TO AMEND SECTION 16-3-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THREATENING THE LIFE, PERSON, OR FAMILY OF A PUBLIC OFFICIAL, TEACHER OR PRINCIPAL, SO AS TO MAKE IT UNLAWFUL TO THREATEN THE LIFE, PERSON, OR FAMILY OF ANY PUBLIC EMPLOYEE, AND REVISE THE PENALTIES FOR VIOLATION.
The following was received from the Senate.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 4824:
H. 4824 -- Reps. Inabinett, Seithel, J. Hines, Cromer, M. Hines, Littlejohn, Woodrum, Gourdine, Neal, Breeland, Simrill, Rodgers, Lloyd, Cave, Canty, Vaughn, Moody-Lawrence, Stuart, Byrd, H. Brown, Stille, Hamilton, Wilkins, Harrison, Barrett, Battle, Maddox, Govan, Miller, Jordan and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-100 SO AS TO REQUIRE LOCAL ELECTORAL BOARDS TO MAKE LOCAL BALLOT QUESTIONS AVAILABLE TO THE COUNTY NEWS MEDIA AT LEAST FORTY-FIVE DAYS IN ADVANCE OF THE REFERENDUM, AND TO AUTHORIZE THE ELECTORAL BOARD TO INCLUDE A SIMPLIFIED EXPLANATION OF A REFERENDUM QUESTION ON THE BALLOT WHEN IT DETERMINES SUCH AN EXPLANATION NECESSARY, TO PROVIDE A SCHEDULE FOR MAKING THIS EXPLANATION AVAILABLE TO THE MEDIA, AND TO PROVIDE THAT REFERENDUM RESULTS MAY NOT BE CHALLENGED FOR FAILURE TO COMPLY WITH THE SCHEDULE AND A METHOD OF APPEALING A CHALLENGED EXPLANATION; AND TO AMEND ARTICLE 17, CHAPTER 13, TITLE 7, RELATING TO THE CONSTITUTIONAL BALLOT COMMISSION, SO AS TO EXTEND THE DUTIES OF THE COMMISSION TO PROVIDE, WHERE IT DETERMINES IT TO BE NECESSARY, SIMPLIFIED EXPLANATIONS OF STATEWIDE REFERENDUM QUESTIONS AND DELETING THE REFERENCE TO "CONSTITUTIONAL" IN THE COMMISSION'S NAME TO REFLECT THIS CHANGE, TO ESTABLISH ACCELERATED DEADLINES FOR THE COMMISSION TO ACT, AND TO MAKE CONFORMING AMENDMENTS.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. INABINETT, EASTERDAY and KNOTTS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3714:
H. 3714 -- Reps. Wilkins and Knotts: A BILL TO AMEND SECTION 20-3-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NAME CHANGE OF A WOMAN UPON DIVORCE AND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF FAMILY COURT, SO AS TO AUTHORIZE THE FAMILY COURT ALSO TO GRANT A NAME CHANGE UPON AN ORDER OF SEPARATE MAINTENANCE.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HARRISON, COTTY and CLYBURN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. SANDIFER 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. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Battle Bauer Beck Boan Bowers Breeland Brown, G. Brown, J. Campsen Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Gamble Gourdine Govan Harrell Harris Haskins Hawkins Hines, J. Howard Inabinett Jennings Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Mack Maddox Martin Mason McCraw McGee McKay McLeod McMahand McMaster Meacham Moody-Lawrence Mullen Neal Pinckney Rhoad Rice Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Tripp Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
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. SANDIFER, COBB-HUNTER and LAW 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. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
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. Section 27-40-120 of the 1976 Code is amended by adding:
"(9) residence, whether temporary or not, at a charitable or emergency protective shelter, public or private."
SECTION 2. Section 27-40-710(B) of the 1976 Code is amended to read:
"(B) If rent is unpaid when due and the tenant fails to pay rent within five days from the date due or the tenant is in violation of Section 27-40-540, the landlord may terminate the rental agreement provided the landlord has given the tenant written notice of nonpayment and his intention to terminate the rental agreement if the rent is not paid within that period. The landlord's obligation to provide notice under this section is satisfied for any lease term after the landlord has given one such notice to the tenant or if the notice is contained in conspicuous language in a written rental agreement. The written notice requirement upon the landlord under this subsection shall be considered to have been complied with if the rental agreement contains the following or a substantially equivalent provision:
This is your notice. If you do not pay your rent within five days of the due date, the landlord can start to have you evicted. You will get no other notice as long as you live in this rental unit.'
The presence of this provision in the rental agreement fully satisfies the 'written notice' requirement under this subsection and applies to a month-to-month tenancy following the specified lease term in the original rental agreement. If the rental agreement contains the provision set forth in this subsection, the landlord is not required to furnish any separate or additional written notice to the tenant in order to commence eviction proceedings for nonpayment of rent even after the original term of the rental agreement has expired."
SECTION 3. Section 27-47-110 of the 1976 Code is amended to read:
"Section 27-47-110. This chapter applies to, regulates, and determines the rights, obligations, and remedies under a rental agreement for a residential manufactured home park lot located within this State. The provisions of the Residential Landlord and Tenant Act in Chapter 40 of Title 27, shall apply to tenancies in manufactured home parks if such application is not inconsistent with or contrary to the provisions of this chapter."
SECTION 4. Section 27-27-530 of the 1976 Code is amended to read:
"Section 27-47-530. (A) An owner may evict a resident for one or more of the following reasons:
(1) failure to comply with local, state, or federal laws governing manufactured homes after he receives written notice of noncompliance and has had a reasonable opportunity to remedy the violation;
(2) engaging in repeated conduct that interferes with the quiet enjoyment of the park by other residents;
(3) noncompliance with a provision of the rental agreement or park regulations and failure to remedy the violation within fourteen days after written notice by the owner. If the remedy requires longer than fourteen days, the owner may allow the resident in good faith to extend the time to a specified date;
(4) not paying rent within five days of its due date;
(5) noncompliance with a law or a provision in the rental agreement or park regulations affecting the health, safety, or welfare of other residents in the park or affecting the physical condition of the park;
(6) wilfully and knowingly making a false or misleading statement in the rental agreement or application;
(7) taking of the park or the part of it affecting the resident's lot by eminent domain;
(8) other reason sufficient under common law.
(B) Notwithstanding Section 27-37-100, A a writ of ejectment may not issue within until thirty ten days after of written notice to the resident of the commencement of the eviction action a verdict for the plaintiff except for eviction pursuant to subsection (A)(5).
(C) If a manufactured home remains on the lot twenty days after the resident has been evicted, the procedure in Section 29-15-10 may be commenced in order to sell the home in a commercially reasonable sale at public auction. The manufactured home owner or resident is not prohibited from moving the home before the day of the sale; however, he must pay any filing fee or advertising costs incurred for initiating the procedure in Section 29-15-10."
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/James E. Bryan, Jr. /s/Gilda Cobb-Hunter /s/Robert W. Hayes, Jr. /s/James N. Law /s/Luke A. Rankin /s/William E. "Bill" Sandifer III 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 was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3316:
H. 3316 -- Rep. G. Brown: A BILL TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIODS FOR PERSONS CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIODS BEGIN.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 2, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4942:
H. 4942 -- Reps. Lee, Davenport and F. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT AN INMATE MUST NOT BE USED AS AN INTERPRETER IN A CRIMINAL PROCEEDING IN WHICH A PARTY TO THE PROCEEDING DOES NOT SPEAK ENGLISH.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
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.
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 following was received from the Senate.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1253:
S. 1253 -- Senator Mescher: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE BOUNDARIES OF THE DEVON FOREST, STRATFORD, AND WESTVIEW-GOOSE CREEK NO. 3 PRECINCTS AND CHANGE THE MAP REFERENCE TO REFLECT THE CHANGES IN THE BOUNDARIES OF THESE PRECINCTS.
Very respectfully,
President
On motion of Rep. H. BROWN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HINSON, GOURDINE and LAW to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Initial Appointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
6th Congressional District:
Ms. Mary T. Williams, 2602 Andover Road, Florence, S.C. 29501 VICE Frederick A. Hoefer, II
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Initial Appointment, State Ethics Commission, with term to commence June 30, 1998, and to expire June 30, 2003:
1st Congressional District:
Ms. Jessamine D. Griffin, Post Office Box 1188, Pawleys Island, S.C. 29585 VICE Cynthia G. Howe
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Reappointment, Anderson-Oconee Master-in-Equity, with term to commence June 30, 1998, and to expire June 30, 2004:
The Honorable Ellis B. Drew, Jr., Post Office Box 8002, Anderson, S.C. 29622
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Bryan, Hayes and Rankin of the Committee of Free Conference on the part of the Senate on H. 4755:
H. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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. 4755 -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIST OF ARRANGEMENTS NOT GOVERNED BY THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO INCLUDE IN THAT LIST RESIDENCE AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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. 4975 -- Reps. Young and Askins: A BILL TO AMEND SECTION 4-23-880, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKING WITHIN FIVE HUNDRED FEET OF A PLACE WHERE FIRE APPARATUS IS STOPPED AND SECTION 56-5-1960 RELATING TO FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO PROVIDE THAT THE FIRE APPARATUS MAY BE RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: A BILL TO AMEND CHAPTER 19, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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:
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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:
S. 489 -- Senator Elliott: A BILL TO AMEND TITLE 40, CHAPTER 38, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTICIANS INCLUDING INCREASING CONTINUING EDUCATION REQUIREMENTS FROM THREE HOURS TO FOUR HOURS FOR A LICENSED OPTICIAN AND AN ADDITIONAL HOUR FOR AN OPTICIAN ALSO LICENSED TO DISPENSE CONTACT LENSES.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that 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:
S. 271 -- Senator J. Verne Smith: A BILL TO AMEND CHAPTER 3, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ARCHITECTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS IN CHAPTER 1, TITLE 40 AND, AMONG OTHER THINGS, TO CLARIFY REQUIREMENTS FOR FIRM LICENSURE; TO PROVIDE THAT THE BOARD MAY INITIATE AN INVESTIGATION; TO EXPAND GROUNDS FOR DISCIPLINARY ACTION; AND REVISE EXAMINATION PROCEDURES.
The Senate has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 4, 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 S. 22:
S. 22 -- Senator Leatherman: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT MATERIALS RELATING TO THE RECRUITMENT AND EMPLOYMENT OF PUBLIC EMPLOYEES.
Very respectfully,
President
Received as information.
The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. BOAN moved to reconsider the vote whereby the House concurred in the Senate amendments and enrolled the following Bill, which was agreed to.
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following was received from the Senate.
Columbia, S.C., June 4, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4851:
H. 4851 -- Rep. Boan: A BILL TO AMEND SECTION 12-4-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A WITNESS APPEARING BEFORE THE DEPARTMENT OF REVENUE, SO AS TO PROVIDE THAT THE COMPENSATION OR FEE OF THE WITNESS, OR THAT OF AN OFFICER SERVING PROCESS, BE PAID FROM INCOME TAX REVENUES; TO AMEND SECTION 12-6-3370, RELATING TO A STATE INCOME TAX CREDIT IN CONNECTION WITH A WATER CONTROL SYSTEM, SO AS TO FURTHER PROVIDE FOR THE REQUIREMENTS IN ORDER TO QUALIFY FOR THE CREDIT; TO AMEND SECTION 12-6-4970, RELATING TO TIME FOR FILING OF TAX RETURN, SO AS TO ESTABLISH TIMES FOR FILING BY A FOREIGN CORPORATION WITHOUT A PLACE OF BUSINESS IN THE UNITED STATES AND BY ELECTRONIC FILING; TO AMEND SECTION 12-6-5550, RELATING TO INCOME TAX REFUNDS, SO AS TO PROVIDE THAT FEDERAL AND STATE REFUNDS ARE PAYABLE TO SURVIVING SPOUSE OF DECEASED TAXPAYER; TO AMEND SECTION 12-11-30, RELATING TO THE INCOME TAX REPLACING MOST OTHER TAXES AGAINST BANKS, SO AS TO CHANGE REFERENCES IN THE SECTION FROM "DOCUMENTARY STAMP TAX" TO "DEED RECORDING FEE"; TO AMEND SECTION 12-20-105, AS AMENDED, RELATING TO CORPORATION LICENSE FEES, SO AS TO ALLOW REDUCTION OF THE FEE BY CERTAIN INCOME TAX CREDITS; TO AMEND SECTION 12-21-2550, RELATING TO STAMP AND BUSINESS LICENSE TAXES, SO AS TO DELETE THE TEN PERCENT PENALTIES FOR FAILURE TO MAKE A RETURN OR TO TIMELY PAY THE TAX DUE; TO AMEND SECTION 12-21-6580, RELATING TO CALCULATION OF ADMISSIONS TAX ON EXPANDED FACILITIES, SO AS TO UPDATE CROSS REFERENCES; TO AMEND SECTION 12-36-1340, RELATING TO COLLECTION OF SALES AND USE TAX BY A RETAIL SELLER, SO AS TO REVISE THE CIRCUMSTANCES WHEN A SELLER MUST COLLECT AND REMIT TAX AND OBTAIN A RETAIL LICENSE FROM THE DEPARTMENT; TO AMEND SECTION 12-37-2860, AS AMENDED, RELATING TO ONE-TIME FEES ON SEMI-TRAILERS AND TRAILERS OF MOTOR CARRIERS, SO AS TO ALLOW THE DEPARTMENT TO KEEP AND SPEND THE FEE REVENUE FOR ADMINISTRATION OF THE FEE AND PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY SHALL DESIGN A PERMANENT TAG FOR DISPLAY ON THE REAR EXTERIOR OF THE TRAILER OR SEMI-TRAILER; TO AMEND SECTION 12-54-25, AS AMENDED, RELATING TO INTEREST DUE ON REFUNDED OR CREDITED TAX, SO AS TO PROVIDE THE INTEREST BE PAID FROM REVENUE RAISED BY THE SAME TYPE TAX AS THAT BEING REFUNDED OR CREDITED; TO AMEND SECTION 12-54-55, AS AMENDED, RELATING TO PENALTIES FOR THE UNDERPAYMENT OF DECLARATION OF INCOME TAX, SO AS TO FURTHER PROVIDE FOR THE PENALTY TO BE APPLIED; TO AMEND SECTION 12-54-160, RELATING TO WAIVER BY THE DEPARTMENT OF REVENUE OF PENALTIES ON PAST DUE TAXES, SO AS TO PROHIBIT WAIVER OF INTEREST; TO AMEND SECTION 12-56-90, RELATING TO SET-OFF DEBT COLLECTION, SO AS TO PROVIDE THAT THE EXCHANGE OF INFORMATION AMONG THE DEPARTMENT OF REVENUE, THE DEBTOR, AND THE CLAIMANT AGENCY IS LAWFUL; AND TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO SOLID WASTE REGULATION AND DISPOSAL, SO AS TO PROVIDE FOR A REFUND OF THE NEW TIRE FEE FOR EACH WASTE TIRE TAKEN TO A WASTE TIRE DISPOSAL FACILITY AND DELETE REQUIREMENTS THAT CERTAIN REFUNDS MUST BE CHARGED AGAINST A COUNTY'S DISTRIBUTION.
And asks for a Committee of Conference and has appointed Senators Drummond, Land and McConnell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. H. BROWN, BOAN and YOUNG-BRICKELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with concurrence the following:
H. 5227 -- Reps. Bauer and Harrison: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE DR. FRANCIS L. ABEL FOR HIS MANY YEARS OF EXEMPLARY SERVICE, CONTRIBUTIONS, AND ACCOMPLISHMENTS AS CHAIR OF THE DEPARTMENT OF PHYSIOLOGY AT THE UNIVERSITY OF SOUTH CAROLINA, SCHOOL OF MEDICINE, AND TO EXTEND BEST WISHES FOR A WELL DESERVED RETIREMENT.
H. 5228 -- Rep. Bauer: A CONCURRENT RESOLUTION COMMENDING AND THANKING FRANCIS MARION CARNS FOR HIS DEDICATED SERVICE TO THE IRMO FIRE DISTRICT.
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.
H. 5236 -- Reps. McCraw, Phillips, Littlejohn and Harvin: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. J. GRADY RANDOLPH OF GAFFNEY, PRESIDENT OF J. GRADY RANDOLPH, INC., ON HIS BEING SELECTED BY THE SOUTH CAROLINA TRUCKING ASSOCIATION AS THE 1998 MOTOR CARRIER EXECUTIVE OF THE YEAR.
H. 5239 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. CHARLES "CHUCK" LEOPOLD FOR HIS OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HIS RETIREMENT.
H. 5240 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING MR. PHILLIP C. MUSGRAVE FOR HIS OUTSTANDING LEADERSHIP AND SERVICE TO THE SCHOOL DISTRICT OF EDGEFIELD COUNTY UPON HIS RETIREMENT AS PRINCIPAL OF STROM THURMOND HIGH SCHOOL AND EXTENDING BEST WISHES FOR HAPPINESS IN ALL HIS FUTURE ENDEAVORS.
H. 5234 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING DR. ELIZABETH BENTON FOR HER OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HER RETIREMENT.
H. 5235 -- Rep. Clyburn: A CONCURRENT RESOLUTION COMMENDING AND THANKING ROSEMARY B. ENGLISH FOR HER OUTSTANDING SERVICE TO THE SCHOOL DISTRICT OF AIKEN COUNTY AND PUBLIC EDUCATION IN SOUTH CAROLINA AND EXTENDING BEST WISHES FOR HAPPINESS UPON HER RETIREMENT.
At 5:00 P.M. the House in accordance with the motion of Rep. SHARPE adjourned in memory of former Senator Gilbert E. McMillan of Aiken, and in accordance with H. 5159, the Sine Die Adjournment Resolution, adjourned to meet in Local Session tomorrow and in Statewide Session on Tuesday, June 16, at 11:00
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