Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 A.M.

Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:

Eternal Father, in Whom we find assurance to cast out fears, with Whom we walk in wisdom's ways, and from Whom comes strength for daily tasks, be near to us now and remain close by throughout this day. Take away any bitterness that blights, the misunderstandings that make life miserable, and the suspicions that sour our outlook. Use us to make this world better in which men and women can live together heartily, helpfully and hopefully.

To You, Lord God, we give the praise and thanksgiving. Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts were duly ratified.

(R504) S. 22 -- Senator Leatherman: AN ACT TO AMEND SECTION 30-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION OR COPYING OF PUBLIC RECORDS AND THE AVAILABILITY OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO REVISE THE PROCEDURE FOR MAKING CERTAIN RECORDS AVAILABLE WHEN THE REQUESTOR APPEARS IN PERSON TO INSPECT OR COPY THE RECORDS; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A PUBLIC BODY MAY, BUT IS NOT REQUIRED TO, EXEMPT FROM DISCLOSURE CERTAIN INFORMATION, TO SPECIFY THAT DOCUMENTS INCIDENTAL TO PROPOSED CONTRACTUAL ARRANGEMENTS AND PROPOSED SALES OR PURCHASES OF PROPERTY ARE NOT EXEMPT FROM DISCLOSURE ONCE THE CONTRACT IS ENTERED INTO OR THE PROPERTY IS SOLD OR PURCHASED, TO PROVIDE THAT A CONTRACT FOR THE SALE OR PURCHASE OF REAL ESTATE REMAINS EXEMPT FROM DISCLOSURE UNTIL THE DEED IS EXECUTED, WITH THIS EXEMPTION APPLYING ONLY TO THOSE CONTRACTS OF SALE OR PURCHASE IN WHICH THE EXECUTION OF THE DEED OCCURS WITHIN TWELVE MONTHS FROM THE DATE OF THE SALE OR PURCHASE, TO PROVIDE THAT CONFIDENTIAL PROPRIETARY INFORMATION PROVIDED TO A PUBLIC BODY FOR ECONOMIC DEVELOPMENT OR CONTRACT NEGOTIATION PURPOSES IS NOT REQUIRED TO BE DISCLOSED, TO SPECIFY THAT CERTAIN PUBLIC EMPLOYEE RECORDS GATHERED BY A PUBLIC BODY DURING A SEARCH TO FILL AN EMPLOYMENT POSITION ARE EXEMPT FROM DISCLOSURE, WITH CERTAIN EXCEPTIONS; TO PROVIDE THAT DATA, RECORDS, OR INFORMATION OF A PROPRIETARY NATURE PRODUCED OR COLLECTED BY OR FOR FACULTY OR STAFF OF STATE INSTITUTIONS OF HIGHER EDUCATION UNDER CERTAIN CONDITIONS ARE EXEMPT FROM DISCLOSURE, AND TO EXEMPT FROM DISCLOSURE THE IDENTITY, OR INFORMATION TENDING TO REVEAL THE IDENTITY, OF ANY INDIVIDUAL WHO IN GOOD FAITH MAKES A COMPLAINT OR DISCLOSES INFORMATION WHICH ALLEGES A VIOLATION OR POTENTIAL VIOLATION OF LAW OR REGULATION TO A STATE REGULATORY AGENCY; TO AMEND SECTION 30-4-50, AS AMENDED, RELATING TO INFORMATION DECLARED PUBLIC INFORMATION UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE "INCIDENT" AS THE ONLY TYPE OF REPORT DISCLOSING CERTAIN INFORMATION INVOLVING A CRIME OR AN ALLEGED CRIME; AND TO AMEND SECTION 30-4-70, RELATING TO MEETINGS THAT MAY BE CLOSED TO THE PUBLIC PURSUANT TO THE FREEDOM OF INFORMATION ACT, SO AS TO SPECIFY THAT AN EXECUTIVE SESSION FOR RECEIPT OF LEGAL ADVICE IS PERMITTED ONLY WHEN THE LEGAL ADVICE RELATES TO A PENDING, THREATENED, OR POTENTIAL CLAIM OR OTHER MATTERS COVERED BY ATTORNEY-CLIENT PRIVILEGE, TO DEFINE THE TERM "SPECIFIC PURPOSE", TO PROVIDE THAT WHEN THE EXECUTIVE SESSION IS HELD PURSUANT TO SECTION 30-4-70(a)(1) OR 30-4-70(a)(5), THE IDENTITY OF THE INDIVIDUAL BEING DISCUSSED DOES NOT HAVE TO BE DISCLOSED TO SATISFY THE REQUIREMENT THAT THE SPECIFIC PURPOSE OF THE EXECUTIVE SESSION IS STATED, TO DELETE THE DEFINITION OF "FORMAL ACTION", TO PROVIDE THAT NO ACTION MAY BE TAKEN IN EXECUTIVE SESSION EXCEPT TO ADJOURN OR RETURN TO PUBLIC SESSION; AND TO PROVIDE THAT MEMBERS OF PUBLIC BODIES MAY NOT COMMIT THE BODY TO A COURSE OF ACTION BY A VOTE OR BY POLLING OF MEMBERS IN EXECUTIVE SESSION.

(R505) S. 271 -- Senator J. Verne Smith: AN ACT 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 TO REVISE EXAMINATION PROCEDURES.

(R506) S. 325 -- Senator Bryan: AN ACT TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BAILING OF PERSONS BY MAGISTRATES, SO AS TO PROVIDE THAT A PERSON CHARGED WITH A BAILABLE OFFENSE MUST HAVE A BOND HEARING WITHIN TWENTY-FOUR HOURS OF ARREST AND MUST BE RELEASED IN A REASONABLE TIME NOT TO EXCEED FOUR HOURS AFTER THE BOND IS DELIVERED TO THE INCARCERATING FACILITY; TO AMEND CHAPTER 53 OF TITLE 38, RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE ACTIVITIES, OPERATIONS, AND REGULATION OF BAIL BONDSMEN, RUNNERS, AND SIMILAR PERSONS; AND TO REPEAL SECTIONS 17-15-70, 17-15-80, 17-15-90, 17-15-110, 17-15-120, 17-15-130, AND 17-15-150 RELATING TO BAIL AND RECOGNIZANCES.

(R507) S. 401 -- Senators Leventis and Giese: AN ACT 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.

(R508) S. 489 -- Senator Elliott: AN ACT TO AMEND TITLE 40, CHAPTER 38, 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.

(R509) S. 567 -- Senators Wilson and Giese: AN ACT 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.

(R510) S. 1162 -- Senator Bryan: AN ACT TO AMEND SECTION 20-7-6845, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS FOR DETENTION FACILITY SIZE, CAPACITY, PERSONNEL, JURISDICTION, SERVICES, AND HOLDING PERIODS APPLICABLE TO JUVENILE DETENTION FACILITIES THAT BENEFIT COUNTIES, MUNICIPALITIES, AND REGIONAL SUBDIVISIONS, AND TO PROVIDE CERTAIN TECHNICAL CHANGES.

(R511) H. 3316 -- Rep. G. Brown: AN ACT TO AMEND SECTION 56-5-2990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DRIVER'S LICENSE SUSPENSION PERIOD FOR A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE WHEN THE SUSPENSION PERIOD BEGINS, AND TO PROVIDE THAT A PERSON MAY APPEAL THE SUSPENSION AND RECEIVE A CERTIFICATE TO OPERATE A MOTOR VEHICLE FOR SIXTY DAYS AFTER THE SUSPENSION PERIOD BEGINS; TO AMEND 56-5-2910, AS AMENDED, RELATING TO RECKLESS HOMICIDE, PENALTIES, AND REVOCATION OF A DRIVER'S LICENSE, SO AS TO PROVIDE A PROCEDURE THAT ALLOWS A PERSON WHOSE DRIVER'S LICENSE HAS BEEN REVOKED TO HAVE HIS DRIVER'S LICENSE REINSTATED, OBTAIN A ROUTE RESTRICTED PROVISIONAL DRIVER'S LICENSE, OR A DRIVER'S LICENSE WITH CERTAIN RESTRICTIONS PLACED ON IT; AND TO AMEND SECTION 56-1-365, AS AMENDED, RELATING TO THE SURRENDER OF A DRIVER'S LICENSE BY A PERSON AFTER BEING ADJUDICATED FOR AN OFFENSE WHICH REQUIRES HIS DRIVER'S LICENSE TO BE REVOKED OR SUSPENDED, SO AS TO MAKE TECHNICAL CHANGES.

(R512) H. 3563 -- Reps. Sandifer, Parks, Canty and Lanford: AN ACT 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.

(R513) H. 3685 -- Reps. Cato and Limehouse: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 39-15-15 SO AS TO MAKE UNLAWFUL CERTAIN TRADE AND COMMERCIAL PRACTICES WITH REGARD TO THE LABELING OF A PRODUCT AS "PEAT" AND PROVIDE PENALTIES, AND 39-5-37 SO AS TO MAKE IT AN UNLAWFUL TRADE PRACTICE UNDER SECTION 39-5-20 TO USE AN ASSUMED OR FICTITIOUS NAME IN THE CONDUCT OF A BUSINESS SO AS TO MISREPRESENT INTENTIONALLY THE GEOGRAPHIC ORIGIN, OWNERSHIP OF MANUFACTURING FACILITIES, OR LOCATION OF SUCH BUSINESS.

(R514) H. 4438 -- Reps. Davenport, Knotts and Limehouse: AN ACT TO AMEND SECTION 6-9-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BUILDING CODES, AND MANDATORY ADOPTION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, SO AS TO SUBSTITUTE "ENERGY CODE" FOR "MODEL ENERGY CODE", AND PROVIDE THAT A RESIDENTIAL BUILDING IS CONSIDERED IN COMPLIANCE WITH THE BUILDING ENVELOPE REQUIREMENTS OF THE ENERGY CODE IF IT IS BUILT IN COMPLIANCE WITH PRESCRIPTIVE STANDARDS ISSUED BY THE SOUTH CAROLINA RESIDENTIAL BUILDERS COMMISSION, IN CONSULTATION WITH THE STATE ENERGY OFFICE, BASED ON COMPUTER MODELS OF THE ENERGY CODE INCLUDING, BUT NOT LIMITED TO, OPTIONS DEVELOPED BY PACIFIC NORTHWEST NATIONAL LABORATORIES, OR OTHER NATIONALLY RECOGNIZED LABORATORIES WHICH USE THE STANDARDS DEVELOPED BY PACIFIC NORTHWEST NATIONAL LABORATORIES, FOR SOUTH CAROLINA'S CLIMATIC ZONES; AND TO AMEND SECTION 6-9-60, AS AMENDED, RELATING TO LOCAL GOVERNMENT, BUILDING CODES, ADOPTION AND MODIFICATION OF CERTAIN NATIONALLY KNOWN CODES AND STANDARDS, AND THE SOUTH CAROLINA BUILDING CODES COUNCIL, SO AS TO ADD THE INTERNATIONAL RESIDENTIAL CODE AND THE INTERNATIONAL BUILDING CODE, BOTH AS PUBLISHED BY THE INTERNATIONAL CODE CONGRESS, TO THE LIST OF CODES WHICH MUNICIPALITIES AND COUNTIES MAY ADOPT FOR REGULATION OF CONSTRUCTION, IN THEIR JURISDICTIONS, AUTHORIZE THE BUILDING CODES COUNCIL TO REVIEW, APPROVE, AND ADOPT ANY NEW ADDITIONS OR AMENDMENTS OF REFERENCED CODES FOR USE, REJECT THE CODES IN WHOLE OR IN PART, OR APPROVE CONTINUED USE OF SECTIONS OF EARLIER VERSIONS OF THE CODES WHICH HAD BEEN PREVIOUSLY APPROVED AND ADOPTED, AND PROVIDE THAT LOCAL JURISDICTIONS MAY ONLY ADOPT THE VERSION OF THE CODE APPROVED BY THE BUILDING CODES COUNCIL, EXCEPT AS PROVIDED IN THIS SECTION.

(R515) H. 4755 -- Rep. Cobb-Hunter: AN ACT TO AMEND SECTION 27-40-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXCLUSIONS FROM COVERAGE OF THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD TO THE LIST OF EXCLUSIONS "RESIDENCE, WHETHER TEMPORARY OR NOT, AT A CHARITABLE OR EMERGENCY PROTECTIVE SHELTER, PUBLIC OR PRIVATE"; TO AMEND SECTION 27-40-710, AS AMENDED, RELATING TO THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT, LANDLORD REMEDIES, NONCOMPLIANCE WITH RENTAL AGREEMENT, FAILURE TO PAY RENT, AND REMOVAL OF AN EVICTED TENANT'S PERSONAL PROPERTY, SO AS TO PROVIDE THAT THE WRITTEN NOTICE REQUIREMENT FOR THE LANDLORD SHALL BE CONSIDERED COMPLIED WITH IF THE RENTAL AGREEMENT CONTAINS THE NEW LANGUAGE SET FORTH IN THIS SECTION, OR THE SUBSTANTIAL EQUIVALENT, PROVIDE THAT THE PRESENCE OF THIS PROVISION IN THE RENTAL AGREEMENT FULLY SATISFIES THE "WRITTEN NOTICE" REQUIREMENT AND APPLIES TO A MONTH-TO-MONTH TENANCY FOLLOWING THE SPECIFIED LEASE TERM IN THE ORIGINAL RENTAL AGREEMENT, AND PROVIDE FOR RELATED MATTERS; TO AMEND SECTION 27-47-110, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT AND THE APPLICABILITY OF THIS ACT, SO AS TO PROVIDE THAT THE PROVISIONS OF THE SOUTH CAROLINA RESIDENTIAL LANDLORD AND TENANT ACT IN CHAPTER 40 OF TITLE 27 APPLY TO TENANCIES IN MANUFACTURED HOME PARKS IF SUCH APPLICATION IS NOT INCONSISTENT WITH OR CONTRARY TO THE PROVISIONS OF THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT; AND TO AMEND SECTION 27-47-530, RELATING TO THE SOUTH CAROLINA MANUFACTURED HOME PARK TENANCY ACT, RESIDENT'S OBLIGATIONS, GROUNDS FOR EVICTION, AND NOTICE OF EVICTION, SO AS TO PROVIDE THAT NOTWITHSTANDING SECTION 27-37-100, WHICH RELATES TO THE EFFECT OF A VERDICT FOR THE PLAINTIFF UNDER THE PROVISIONS OF LAW REGARDING THE EJECTMENT OF TENANTS, A WRIT OF EJECTMENT MAY NOT ISSUE UNTIL TEN DAYS AFTER A VERDICT FOR THE PLAINTIFF, RATHER THAN "WITHIN THIRTY DAYS OF WRITTEN NOTICE TO THE RESIDENT OF THE COMMENCEMENT OF THE EVICTION ACTION", EXCEPT FOR EVICTION PURSUANT TO CERTAIN OTHER PROVISIONS OF THIS SECTION, PROVIDE THAT IF A MANUFACTURED HOME REMAINS ON THE LOT TWENTY DAYS AFTER THE RESIDENT HAS BEEN EVICTED, THE PROCEDURE IN SECTION 29-15-10, WHICH RELATES TO THE LIEN FOR REPAIRS OR STORAGE, MAY BE COMMENCED IN ORDER TO SELL THE HOME IN A COMMERCIALLY REASONABLE SALE AT PUBLIC AUCTION, AND PROVIDE THAT THE MANUFACTURED HOME OWNER OR RESIDENT IS NOT PROHIBITED FROM MOVING THE HOME BEFORE THE DAY OF SALE BUT THAT HE MUST PAY ANY FILING FEE OR ADVERTISING COSTS INCURRED FOR INITIATING THE PROCEDURE IN SECTION 29-15-10.

(R516) H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, BY ADDING SECTION 50-21-425 SO AS TO PREVENT RENEWAL OF REGISTRATION OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.

(R517) 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: AN ACT TO AMEND ARTICLE 7, CHAPTER 3, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO FURTHER PROVIDE FOR THE REGISTRATION OF JUVENILES, INCLUDING REQUIRING THE PARENTS OF A JUVENILE TO ENSURE THAT THE JUVENILE REGISTERS; DELETING EAVESDROPPING FROM AND ADDING KIDNAPPING, IF A SEXUAL OFFENSE IS INVOLVED, TO THE CRIMES REQUIRING REGISTRATION; TO REVISE CERTAIN REGISTRATION PROCEDURES AND PROCEDURES FOR OBTAINING INFORMATION, INCLUDING SPECIFICATIONS FOR OBTAINING REGISTRY INFORMATION ON JUVENILES; TO REQUIRE THAT PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT BE PROVIDED TO JUVENILES WHO HAVE COMMITTED CRIMES REQUIRING REGISTRATION; TO PROVIDE CRIMINAL PENALTIES FOR USING INFORMATION FROM THE REGISTRY IN THE COMMISSION OF A CRIME, AND TO PROVIDE IMMUNITY FROM LIABILITY; TO AMEND SECTION 20-7-7805 RELATING TO FAMILY COURT DISPOSITIONAL AUTHORITY IN JUVENILE DELINQUENCY PROCEEDINGS, SO AS TO REQUIRE THE COURT TO ORDER PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT WHEN A JUVENILE HAS COMMITTED AN OFFENSE REQUIRING REGISTRATION WITH THE SEX OFFENDER REGISTRY; AND TO AMEND SECTION 20-7-8510 RELATING TO CONFIDENTIALITY AND DISCLOSURE OF JUVENILE RECORDS, SO AS TO PROVIDE THAT SUCH RECORDS ARE SUBJECT TO DISCLOSURE PURSUANT TO THE SEX OFFENDER REGISTRY.

(R518) H. 4821 -- Rep. Jennings: AN ACT 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, INCLUDING COURT COSTS AND ATTORNEY'S FEES; 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, TO REQUIRE A RETURN ADDRESS ON EACH DOCUMENT FILED, AND TO ALLOW TEN BUSINESS DAYS FOR THE DOCUMENT TO BE AFFIRMED BY AFFIDAVIT AS GENUINE BEFORE REMOVAL FROM THE PUBLIC RECORDS OR BEFORE FINAL REFUSAL TO FILE; AND TO AMEND CHAPTER 75, TITLE 15, RELATING TO CIVIL ACTIONS FOR WRONGFUL CONDUCT, BY ADDING SECTION 15-75-60, SO AS TO PROVIDE FOR CIVIL REMEDIES FOR INJURY BY A SHAM LEGAL PROCESS, TO INCLUDE COURT COSTS AND REASONABLE ATTORNEY'S FEES.

(R519) H. 4848 -- Rep. Boan: AN ACT 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 TO AN INNOCENT TAXPAYER FOR PAYMENT OF AN AMOUNT DUE; 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.

(R520) H. 4850 -- Rep. Boan: AN ACT 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; 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; 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 LICENSE.

(R521) H. 4856 -- Reps. Delleney and Wilkins: AN ACT TO AMEND SECTION 2-19-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION OF JUSTICES AND JUDGES, SO AS TO REQUIRE THAT ALL MATERIALS CONCERNING A WITHDRAWN CANDIDATE INCLUDING HIS REPORT, TRANSCRIPT, APPLICATION MATERIALS, AND ALL INFORMATION GATHERED DURING THE COMMISSION'S INVESTIGATION MUST BE KEPT CONFIDENTIAL AND DESTROYED AND IS EXEMPT FROM DISCLOSURE PURSUANT TO THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 2-19-50, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF RECORDS, SO AS TO REMOVE WITHDRAWN CANDIDATES FROM THE PROVISIONS OF THIS SECTION AND PROVIDE THAT INFORMATION REQUIRED TO BE KEPT CONFIDENTIAL ALSO IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT; TO AMEND SECTION 2-19-70, AS AMENDED, RELATING TO RESTRICTIONS AGAINST CERTAIN ACTIVITIES BY JUDICIAL CANDIDATES, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS WHO MAY BE GRANTED THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE; AND TO ADD SECTION 2-20-70 SO AS TO PROVIDE FOR THOSE PERSONS WHO MAY BE GRANTED THE PRIVILEGE OF THE FLOOR IN EITHER HOUSE IN REGARD TO NONJUDICIAL CANDIDATES.

(R522) H. 4898 -- Rep. Robinson: AN ACT TO AMEND SECTIONS 9-1-1140, AS AMENDED, 9-9-50, AS AMENDED, AND 9-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITED SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO ALLOW MILITARY SERVICE TO BE ESTABLISHED AS CREDITABLE SERVICE ON THE BASIS OF ONE YEAR OF MILITARY SERVICE RATHER THAN TWO YEARS OF MILITARY SERVICE FOR EACH YEAR OF SERVICE ESTABLISHED AND TO REQUIRE THE EMPLOYER CONTRIBUTION FOR SUCH SERVICE TO BE PAID BY THE MEMBER'S CURRENT EMPLOYER, TO ALLOW NATIONAL GUARD SERVICE TO BE ESTABLISHED AND TO PROVIDE THE REQUIREMENTS FOR ESTABLISHING SUCH SERVICE AND TO CLARIFY PROVISIONS PROHIBITING THE DUPLICATION OF BENEFITS.

(R523) H. 4916 -- Rep. Boan: AN ACT TO AMEND SECTION 4-35-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE PUBLIC WORKS IMPROVEMENT ACT, SO AS TO FURTHER DEFINE "IMPROVEMENTS" TO INCLUDE RECREATIONAL AND OTHER FACILITIES FOR PUBLIC USE AND CERTAIN OTHER FACILITIES DESIGNATED AS PUBLIC WORKS OR A SYSTEM OF RELATED PROJECTS ELIGIBLE FOR REVENUE BOND FINANCING, TO EXCLUDE CONSIDERATION OF IMPROVEMENTS FROM "ASSESSMENT" FOR PURPOSES OF THE ACT, TO MAKE THE ASSESSMENT PERMANENT ABSENT A PROVISION IN THE IMPROVEMENT PLAN ALLOWING REASSESSMENT UPON LATER SUBDIVISION AND TRANSFER OF REAL PROPERTY, AND TO DEFINE "GOVERNING BODY" AS THE GOVERNING BODY OF A COUNTY; TO AMEND SECTION 4-35-40, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO PROVIDE FOR REVENUE BONDS OF THE COUNTY AS A FINANCING MECHANISM; TO AMEND SECTION 4-35-50, RELATING TO FINDINGS REQUIRED FOR ESTABLISHMENT OF AN IMPROVEMENT DISTRICT, SO AS TO INCLUDE AN ALTERNATIVE FINDING OF PROMOTION OF PROPERTY DEVELOPMENT AND IMPROVEMENT OF PROPERTY VALUES; AND TO AMEND SECTION 4-35-80, RELATING TO FINANCING OF IMPROVEMENTS, SO AS TO INCLUDE REVENUE BONDS OF THE COUNTY AND TO PROVIDE THAT ASSESSMENTS CONSTITUTE REVENUES OF THE SYSTEM FOR PURPOSES OF CHAPTER 21, TITLE 6, THE REVENUE BOND ACT FOR UTILITIES.

(R524) H. 4942 -- Reps. Lee, Davenport and F. Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-1-50, SO AS TO PROVIDE THAT IN A CRIMINAL LEGAL PROCEEDING, WHENEVER A PARTY OR A WITNESS TO THE PROCEEDING DOES NOT SUFFICIENTLY SPEAK ENGLISH TO TESTIFY, THEN THE COURT MUST APPOINT A QUALIFIED INTERPRETER TO INTERPRET THE PROCEEDINGS AND THE TESTIMONY OF THE PARTY OR WITNESS OR WAIVE THE USE OF A QUALIFIED INTERPRETER IF IT FINDS ON THE RECORD THAT THE WAIVER IS IN THE BEST INTEREST OF THE PARTY OR WITNESS AND THAT THIS ACTION IS IN THE BEST INTEREST OF JUSTICE, TO DEFINE "QUALIFIED INTERPRETER", TO PROVIDE THAT AN INTERPRETER SHALL NOT BE A PERSON CONFINED IN AN INSTITUTION, TO PROVIDE FOR PAYMENT FOR INTERPRETING SERVICES, TO PROVIDE FOR A CENTRALIZED LIST OF QUALIFIED INTERPRETERS, AND TO PROVIDE FOR THE USE OF QUALIFIED INTERPRETERS WHO DO NOT APPEAR ON THE CENTRALIZED LIST; BY ADDING SECTION 15-27-155 SO AS TO PROVIDE THAT IN A CIVIL LEGAL PROCEEDING, WHENEVER A PARTY OR A WITNESS TO THE PROCEEDING DOES NOT SUFFICIENTLY SPEAK ENGLISH TO TESTIFY, THE COURT MAY APPOINT A QUALIFIED INTERPRETER TO INTERPRET THE PROCEEDINGS AND THE TESTIMONY OF THE PARTY OR WITNESS, OR WAIVE THE USE OF A QUALIFIED INTERPRETER IF IT FINDS ON THE RECORD THAT THE WAIVER IS IN THE BEST INTEREST OF THE PARTY OR WITNESS AND THAT THIS ACTION IS IN THE BEST INTEREST OF JUSTICE, TO DEFINE "QUALIFIED INTERPRETER", TO PROVIDE THAT AN INTERPRETER SHALL NOT BE A PERSON CONFINED IN AN INSTITUTION, TO PROVIDE FOR PAYMENT FOR INTERPRETING SERVICE, TO PROVIDE FOR A CENTRALIZED LIST OF QUALIFIED INTERPRETERS, AND TO PROVIDE FOR THE USE OF QUALIFIED INTERPRETERS WHO DO NOT APPEAR ON THE CENTRALIZED LIST; AND TO AMEND SECTION 15-27-15, AS AMENDED, RELATING TO INTERPRETERS FOR A DEAF PERSON WHO IS A PARTY OR A WITNESS TO A LEGAL PROCEEDING, OR WHO IS CONFINED TO AN INSTITUTION, SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR THE JUDICIAL CIRCUIT SHALL DETERMINE A REASONABLE FEE FOR INTERPRETING SERVICES.

(R525) H. 4971 -- Reps. Wilkins, Harrison and Knotts: AN ACT 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; BY ADDING SECTION 20-7-1515 SO AS TO REQUIRE THE COURT IN DETERMINING THE BEST INTEREST OF THE CHILD TO CONSIDER THE CHILD'S PREFERENCE FOR CUSTODY, GIVING WEIGHT TO THE CHILD'S AGE, EXPERIENCE, AND OTHER FACTORS; TO AMEND SECTION 20-7-736 RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT MATTERS, SO AS TO FURTHER SPECIFY THE STANDARD FOR PETITIONING THE COURT FOR REMOVAL OF A CHILD; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS, SO AS TO REVISE THE STANDARD FOR RETURNING THE CHILD HOME AND TO INCLUDE IN THE FINDINGS THE STEPS THE DEPARTMENT HAS TAKEN TO PROMOTE AND EXPEDITE THE ADOPTIVE PLACEMENT OF A CHILD WHEN THE CHILD IS NOT RETURNED HOME; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS ADDITIONAL GROUNDS FOR TERMINATION, THE CHILD HAVING BEEN IN FOSTER CARE FOR FIFTEEN OF THE LAST TWENTY-TWO MONTHS OR PHYSICAL ABUSE OF A CHILD HAVING RESULTED IN DEATH OR IN-PATIENT HOSPITALIZATION; 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 INCLUDE A FELONY DRUG-RELATED OFFENSE IN THE PROHIBITED CRIMINAL OFFENSES AND TO PROVIDE THAT THE PROHIBITED CRIMINAL OFFENSES INCLUDE OFFENSES COMMITTED IN OTHER JURISDICTIONS OR UNDER FEDERAL LAW; 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.

(R526) H. 4975 -- Reps. Young and Askins: AN ACT 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, SO AS TO ALSO RESTRICT PARKING WITHIN FIVE HUNDRED FEET OF AN EMERGENCY VEHICLE AND APPLY THESE RESTRICTIONS WHEN A VEHICLE IS RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM; TO AMEND SECTION 56-5-1960, RELATING TO PROHIBITING FOLLOWING A FIRE APPARATUS CLOSER THAN FIVE HUNDRED FEET, SO AS TO APPLY THIS PROHIBITION WHEN THE FIRE APPARATUS IS RESPONDING TO AN EMERGENCY RATHER THAN ONLY TO A FIRE ALARM; TO ADD SECTION 56-3-3725 SO AS TO REQUIRE THE WRITTEN AUTHORIZATION OF A COLLEGE OR UNIVERSITY FOR ISSUANCE OF A LICENSE PLATE CONTAINING A REFERENCE TO OR USING A SYMBOL OR LOGO OF THE INSTITUTION; AND TO REPEAL SECTION 5-25-30 RESTRICTING THE NUMBER OF HOURS A FIREMAN MAY WORK IN CITIES OF TEN THOUSAND OR MORE.

(R527) H. 5003 -- Reps. Miller and T. Brown: AN ACT 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 AUTHORIZE 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, PROVIDE FOR SELECTION OF A MEMBER WHEN A COUNTY HAS NO RESIDENT MEMBER OF THE GENERAL ASSEMBLY, AND PROVIDE A TERM LIMITATION FOR REPRESENTATIVES OF THE MEMBERS SERVING ON THE POLICYMAKING BODY.

At 1:20 P.M. the House in accordance with H. 5159, the Sine Die Adjournment Resolution, adjourned to meet at 10:00 A.M. tomorrow.

This web page was last updated on Monday, June 29, 2009 at 10:33 A.M.