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:
We thank You, our God, that You are surely to be found by those who seek You, Known by those who love You, and heard by those who hush the world's noises and in quietness listen with reverent minds. Forbid that when great opportunities are flaming before us that we should be blinded by the smoke of our own little campfires. Be for us our strong Foundation that no storms can shake, a deep Well that no drought can exhaust, a Citadel that no foe can invade.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HASKINS moved that when the House adjourns, it adjourn in memory of Robert Earl Pratt of Greenville, which was agreed to.
The following was received.
Columbia, S.C., March 25, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Passailaigue and Alexander of the Committee of Conference on the part of the Senate on H. 3764:
H. 3764 (Word version) -- Reps. Cato, Harrison, Cromer, Altman, Hawkins, J. Hines, Bauer, Lee, Limehouse, Wilder, Campsen, Fleming, Haskins, Kelley, Mason, Walker, Mullen, Barrett, Neilson, Hinson, Seithel, Inabinett, Cobb-Hunter, Scott, Chellis, McKay, Webb, Sandifer, Young, Woodrum, Young-Brickell, Bailey, Simrill, Sharpe, Stuart, Spearman, Koon, McCraw, Kirsh, Trotter, H. Brown, Boan, Limbaugh, Knotts, Gourdine, Kinon, Dantzler, Law, Meacham, Robinson, Riser, D. Smith, Bowers, Baxley, Quinn, Edge, Maddox, Whatley, Vaughn, McMahand, F. Smith, Battle, Miller, Davenport, Harrell, Hodges, Harvin, Pinckney, Littlejohn, Gamble, Wilkins and Clyburn: A BILL TO AMEND SECTION 40-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF THE TITLE AND DESIGNATIONS AS "CERTIFIED PUBLIC ACCOUNTANT" AND THE FORM OF PRACTICES THAT MAY BE USED SO AS TO DELETE CERTAIN PROVISIONS FOR FORMS OF PRACTICE; TO AMEND SECTION 40-2-190, RELATING TO REGISTRATION REQUIREMENTS, SO AS TO DELETE THE PROVISION THAT THE EXPERIENCE REQUIREMENT MUST BE EXPERIENCE SATISFACTORY TO THE SOUTH CAROLINA BOARD OF ACCOUNTANCY, TO PROHIBIT A MINIMUM EXPERIENCE REQUIREMENT FOR AUDITING FINANCIAL STATEMENTS; AND TO AMEND SECTION 40-2-380, RELATING TO THE PROMULGATION OF REGULATIONS BY THE BOARD OF ACCOUNTANCY SO AS TO REQUIRE THE BOARD OF ACCOUNTANCY TO PROMULGATE REGULATIONS CONFORMING TO AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS STANDARDS FOR CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE AND TO PROVIDE THAT UNTIL THESE REGULATIONS ARE PROMULGATED, THE INSTITUTE STANDARDS APPLY.
Very respectfully,
President
Received as information.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 850 (Word version) -- Senators Setzler, Courson, Hayes, Lander, Wilson, Giese, Reese, Rankin, Bryan, Mescher, Russell, Washington, Branton, Short and Waldrep: A BILL TO AMEND CHAPTER 18, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALITY CONTROLS AND PRODUCTIVITY REWARDS, SO AS TO ENACT THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; TO ESTABLISH GRADE SPECIFIC STATEWIDE ACADEMIC STANDARDS FOR MATHEMATICS, ENGLISH/LANGUAGE ARTS, AND SCIENCE; TO ESTABLISH CRITERIA FOR THE ASSESSMENT, EVALUATION, RATING, AND ACCREDITATION OF SCHOOL AND STUDENT PERFORMANCE IN REFERENCE TO THE STATEWIDE ACADEMIC PERFORMANCE STANDARDS; TO ESTABLISH AN OVERSIGHT COMMITTEE TO MONITOR THE IMPACT AND IMPLEMENTATION OF THE ACT; TO AMEND VARIOUS OTHER PROVISIONS OF TITLE 59, SO AS TO BRING THEM INTO CONFORMITY WITH THE PROVISIONS OF THE SOUTH CAROLINA PERFORMANCE AND ACCOUNTABILITY FOR EXCELLENCE IN TEACHING AND LEARNING ACT; AND TO REPEAL SECTIONS 59-6-12, 59-18-10, 59-18-11, 59-18-15, 59-18-20, 59-18-25, 59-18-30, AND 59-18-31.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1143 (Word version) -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE THE BLUE RIDGE COUNCIL OF THE BOY SCOUTS OF AMERICA UPON ITS SEVENTY-FIFTH ANNIVERSARY AND TO COMMEND THE COUNCIL'S VOLUNTEERS AND SUPPORTERS FOR PROVIDING THE SCOUTING PROGRAM TO THE YOUTH OF THE UPSTATE.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4903 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1085 SO AS TO ESTABLISH THE CRIMES OF DOMESTIC TERRORISM, AIDING AND ABETTING DOMESTIC TERRORISM, AND CONSPIRACY TO COMMIT DOMESTIC TERRORISM, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
H. 4904 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO REVISE THE DEFINITION OF "CHILDREN AND ADOLESCENTS IN NEED OF MENTAL HEALTH TREATMENT" TO INCLUDE CHILDREN OR ADOLESCENTS UNDER AGE TWENTY-ONE WHO ARE CLIENTS OF OR COMMITTED TO THE CUSTODY OF AN AGENCY OF THE STATE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1084 (Word version) -- Senator Land: A BILL TO AMEND SECTION 56-1-2070(B)(2)(b) OF THE 1976 CODE, RELATING TO THE COMMERCIAL MOTOR VEHICLE LICENSES, BY ADOPTING FEDERAL EXEMPTIONS ALLOWING FOR THE TRANSPORTATION OF CERTAIN HAZARDOUS WASTE MATERIALS WHICH POSE NO SUBSTANTIAL THREAT TO PUBLIC HEALTH AND SAFETY WHEN USED IN NORMAL FARMING OPERATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 1110 (Word version) -- Senators McConnell and Saleeby: A BILL TO AMEND SECTION 38-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF INSURANCE AND THE CONVERSION OF CERTAIN LICENSES TO A BIENNIAL FEE-COLLECTION PERIOD, SO AS TO PROVIDE THAT AN AGENT TRANSACTING THE BUSINESS OF INSURANCE SHALL PAY A LICENSE FEE FOR TWO YEARS TO THE DEPARTMENT WITHIN THIRTY DAYS AFTER SEPTEMBER 1, 1992, AND EVERY TWO YEARS AFTER THAT TIME WITHIN THIRTY DAYS AFTER SEPTEMBER FIRST, RATHER THAN JULY FIRST, EVERY EVEN-NUMBERED YEAR; TO AMEND SECTION 38-9-40, AS AMENDED, RELATING TO THE INSURANCE LAW, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE DUTY OF THE DIRECTOR OF THE DEPARTMENT OF INSURANCE TO NOTIFY INSURERS OF CERTAIN REQUIRED AMOUNTS, SO AS TO REQUIRE THAT A SCHEDULE OF THE REQUIRED AMOUNTS MUST BE MAINTAINED BY EACH INSURER, AND TO DELETE THE REQUIREMENT THAT THE SCHEDULE BE PUBLISHED IN ALL SUCCEEDING ANNUAL REPORTS OF THE DEPARTMENT THAT ARE SUBMITTED TO THE GENERAL ASSEMBLY THROUGH THE GOVERNOR; TO AMEND SECTION 38-45-90, AS AMENDED, RELATING TO INSURANCE BROKERS AND SURPLUS LINES INSURANCE, THE DUTIES OF BROKERS WHEN PLACING BUSINESS WITH NONADMITTED INSURERS, AND CERTAIN STATEMENTS AND REPORTS, SO AS TO, AMONG OTHER THINGS, DELETE THE REQUIREMENT THAT THE DEPARTMENT OF INSURANCE LIST ALL ELIGIBLE SURPLUS LINES INSURERS IN ITS ANNUAL REPORT TO THE DIRECTOR OF THE DEPARTMENT OF INSURANCE WHO SHALL SUBMIT THIS REPORT TO THE GENERAL ASSEMBLY; AND TO REPEAL SECTIONS 38-3-70, RELATING TO CERTAIN ANNUAL REPORTS AND RECOMMENDATIONS OF THE DEPARTMENT OF INSURANCE TO THE GENERAL ASSEMBLY, AND 38-79-10, RELATING TO THE REQUIREMENT THAT MEDICAL MALPRACTICE INSURANCE CLAIMS BE FILED BY INSURERS WITH THE DEPARTMENT OF INSURANCE.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, H. Brown, J. Carnell Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Edge Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Inabinett Jennings Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Koon Leach Lee Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neilson Phillips Quinn Rhoad Riser Rodgers Sandifer Scott Seithel Sharpe Sheheen Smith, D. Smith, F. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Thursday, March 26.
James L.M. Cromer, Jr. J. Gary Simrill James N. Law Alfred B. Robinson, Jr. Alma W. Byrd Molly M. Spearman Eugene C. Stoddard Theodore A. Brown Leon Howard Jackson S. Whipper Steve P. Lanford Joseph H. Neal James Emerson Smith, Jr. Rex Fontaine Rice Michael E. Easterday Grady A. Brown Ralph W. Canty John G. Felder
The SPEAKER granted Rep. HARRISON a leave of absence for the day. The SPEAKER granted Rep. ASKINS a leave of absence due to a planning meeting at Nan-Ya Plastics in Lake City.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 24.
Announcement was made that Dr. Al Pakalnis of Columbia is the Doctor of the Day for the General Assembly.
Rep. MASON and the Aiken Delegation presented to the House the South Aiken High School "Thoroughbreds" Boys Basketball Team, 1997-98 Class AAAA State Basketball Champions, their coaches and school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 3453 (Word version)
DATE ADD: REMOVE:
3/26/98 Walton J. McLeod Glenn Lewis Hamilton
Bill Number: H. 4897 (Word version)
DATE ADD:
3/26/98 Fletcher Nathaniel Smith, Jr.
3/26/98 Joseph H. Neal
Bill Number: H. 4619 (Word version)
DATE ADD:
3/26/98 William K. Bowers
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 4867 (Word version) -- Reps. Simrill and Kirsh: A BILL TO AMEND ACT 270 OF 1981, AS AMENDED, RELATING TO THE ELECTION OF MEMBERS OF THE BOARD OF TRUSTEES OF FORT MILL SCHOOL DISTRICT NO. 4 IN YORK COUNTY, SO AS TO PROVIDE THAT THE SCHOOL DISTRICT RATHER THAN YORK COUNTY SHALL PAY FOR THE COST OF THE ELECTIONS.
H. 4644 (Word version) -- Reps. Quinn and Harrison: A JOINT RESOLUTION TO REQUIRE THE STATE TO SET ASIDE $1,500,000 ANNUALLY TO PAY FEES AND EXPENSES OF PRIVATE COUNSEL APPOINTED IN NONCAPITAL CASES. H. 4704 (Word version) -- Reps. Harrell, Bailey, Battle, Bauer, Baxley, Beck, Boan, Bowers, G. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Cooper, Cromer, Dantzler, Easterday, Edge, Govan, Hamilton, A. Harris, Harrison, Harvin, Hawkins, Jennings, Keegan, Kelley, Kennedy, Kinon, Klauber, Koon, Lanford, Leach, Mack, Maddox, McAbee, McCraw, McGee, McMaster, Miller, Neal, Quinn, Riser, Rodgers, Sharpe, J. Smith, Townsend, Tripp, Trotter, Wilder, Wilkes, Witherspoon, Woodrum, Young, Whipper, McKay, Whatley, Hinson, Sandifer, Knotts, Walker, Fleming, Mason, Haskins, Inabinett, Limehouse, Vaughn, Lloyd, Altman, Rhoad, Davenport, H. Brown, Wilkins, Seithel, Littlejohn, Phillips, Simrill and Robinson: A BILL TO AMEND SECTION 12-36-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE STATE SALES AND USE TAX, SO AS TO EXEMPT FROM THAT DEFINITION THE SALES PRICE ON SALES WHICH ARE UNCOLLECTIBLE, TO PROVIDE FOR CREDIT FOR TAXES PAID ON UNCOLLECTIBLE AMOUNTS, AND TO PROVIDE FOR LATER PAYMENT OF TAXES ON AMOUNTS SUBSEQUENTLY COLLECTED.
H. 4672 (Word version) -- Reps. Edge, Kelley, Keegan, Mullen and Barfield: A BILL 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 AND A VACATION MULTIPLE OWNERSHIP INTEREST.
H. 4856 (Word version) -- Reps. Delleney and Wilkins: A BILL 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; AND 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. H. 4855 (Word version) -- Reps. Haskins, Whatley, Sandifer, Neilson, Barfield, Mason, Tripp, Inabinett, Altman, Barrett, T. Brown, Allison, J. Hines, Littlejohn, Neal, Wilder, Knotts, Cato, Loftis, Vaughn, Wilkins, McCraw, Easterday, Keegan, Leach, Davenport, Stoddard, McMahand, Hamilton, Phillips, F. Smith, H. Brown, Young-Brickell, Limehouse, Clyburn, Lloyd, Robinson, Trotter, Klauber, Lanford, Harrison, Koon, Townsend, Rice, Meacham, Edge, Riser and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-15 SO AS TO PROHIBIT A ZONING ORDINANCE OF A MUNICIPALITY OR COUNTY FROM PROHIBITING CHURCH RELATED ACTIVITIES IN A SINGLE-FAMILY RESIDENCE.
H. 4864 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, DIVISION OF MOTOR VEHICLES, RELATING TO RELEASE OF LICENSING AND REGISTRATION INFORMATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2189, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4866 (Word version) -- Reps. T. Brown, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Byrd, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, 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, Pickney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum Young and Young-Brickell: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 153 SO AS TO ESTABLISH THE SOUTH CAROLINA STUDENT VOLUNTEER OF THE YEAR AWARD AND TO REQUIRE SCHOOL DISTRICTS TO ORGANIZE VOLUNTEER PROGRAMS FOR STUDENTS.
The following Bills and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1109 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO SUMMER PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2225, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1123 (Word version) -- Senators Wilson, Hayes, Leventis, J. Verne Smith, Giese, Branton and Lander: A BILL TO AMEND SECTION 25-1-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE ADJUTANT GENERAL, SO AS TO ALLOW THE ADJUTANT GENERAL TO ORDER A MEMBER OF THE NATIONAL GUARD OR STATE GUARD TO ACTIVE DUTY FOR NOT MORE THAN FIFTEEN DAYS SUBJECT TO THE CONSENT OF THE GOVERNOR AND THE GUARD MEMBER.
S. 1127 (Word version) -- Senators Martin, Alexander, Fair, Waldrep, Thomas, J. Verne Smith, Ryberg, Wilson, Anderson, Hutto, Grooms, Courson, Branton, Giese and Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-15 SO AS TO PROHIBIT A ZONING ORDINANCE OF A MUNICIPALITY OR COUNTY FROM PROHIBITING CHURCH RELATED ACTIVITIES IN A SINGLE-FAMILY RESIDENCE.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments. S. 958 (Word version) -- Senators Drummond, Land, Moore, McConnell, Courson, Bryan, Martin, Passailaigue and Giese: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 16 PROVIDING FOR RETIREMENT SYSTEM FUNDS, INCLUDING DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS AND RESPONSIBILITIES, AND ESTABLISHING THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDING FOR ITS MEMBERSHIP, POWERS, AND DUTIES; TO AMEND SECTIONS 9-1-1310, 9-8-160, 9-9-150, AND 9-11-240, RELATING TO THE DESIGNATION OF THE STATE BUDGET AND CONTROL BOARD AS THE TRUSTEE OF THE FUNDS OF THE SOUTH CAROLINA SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM AND THE INVESTMENTS ALLOWED AND SAFEGUARDS IMPOSED WITH RESPECT TO THE INVESTMENT OF THE FUNDS OF THE VARIOUS SYSTEMS, SO AS TO AUTHORIZE THE INVESTMENT OF RETIREMENT SYSTEM FUNDS IN EQUITY SECURITIES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE STATE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND ALLOW THE STATE BUDGET AND CONTROL BOARD TO MEET IN EXECUTIVE SESSION AS TRUSTEE OF THE RETIREMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4887 (Word version) -- Reps. Meacham, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: A BILL TO AMEND SECTION 7-7-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN YORK COUNTY, SO AS TO DIVIDE THE TEGA CAY PRECINCT INTO TWO PRECINCTS AND REVISE THE MAP DOCUMENT NUMBER ON THE OFFICIAL MAP ON WHICH THE LINES OF THE PRECINCTS ARE DELINEATED.
H. 4863 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF PUBLIC SAFETY, HIGHWAY PATROL, RELATING TO WINDOW TINTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2190, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. STUART explained the Joint Resolution.
S. 920 (Word version) -- Senators Lander, Courson and Giese: A BILL TO AMEND SECTION 44-43-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTATION OF ORGAN DONORS ON DRIVERS' LICENSES, SO AS TO DELETE THE MANNER IN WHICH THE NOTATION MUST BE MADE AND TO DELETE CERTAIN NOTICE PROVISIONS; TO AMEND SECTION 44-43-70, AS AMENDED, RELATING TO THE BONE MARROW DONOR PROGRAMS, SO AS TO CLARIFY THAT THE PROGRAM AT THE UNIVERSITY OF SOUTH CAROLINA IS IN THE SCHOOL OF MEDICINE; TO AMEND SECTION 44-43-140, AS AMENDED, RELATING TO THE DESIGNATION, REMOVAL, AND USE OF DONATED EYES, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LIONS EYE BANK, INC., MUST REQUEST REMOVAL OF THE EYES AND THAT THE EYES MUST BE REMOVED BY A PERSON TRAINED IN A COURSE CONDUCTED BY THE EYE BANK; TO AMEND SECTION 44-43-160 RELATING TO THE PROHIBITION AGAINST CHARGING THE DONEE FOR EYES TO BE USED FOR RESTORATION, SO AS TO ALSO PROHIBIT THE CHARGING OF A FEE; TO AMEND SECTION 44-43-330, AS AMENDED, RELATING TO PROCEDURES FOR ORGAN DONATIONS, SO AS TO CLARIFY CERTAIN CATEGORIES OF PERSONS WHO MAY CONSENT TO SUCH DONATIONS; TO AMEND SECTION 44-43-350 RELATING TO THE MANNER IN WHICH AN ANATOMICAL GIFT MAY BE MADE, SO AS TO CLARIFY THAT CONSENT OF A FAMILY MEMBER IS NOT REQUIRED IF THE DONOR EXECUTED A DONOR CARD OR OTHER DOCUMENTATION ATTESTING TO THE DESIRE TO MAKE SUCH A GIFT AND TO REQUIRE MEDICAL AND LAW ENFORCEMENT PERSONS TO MAKE REASONABLE EFFORTS TO HAVE SUCH DOCUMENTATION ACCOMPANY A PERSON TO THE HOSPITAL FOLLOWING AN ACCIDENT; TO AMEND SECTION 44-43-510 RELATING TO THE COMPOSITION OF THE BOARD FOR THE DISTRIBUTION AND DELIVERY OF DEAD HUMAN BODIES, SO AS TO INCLUDE THE UNIVERSITY OF SOUTH CAROLINA SCHOOL OF MEDICINE; TO AMEND ARTICLE 11, CHAPTER 43, TITLE 44 RELATING TO HOSPITAL POLICY AND PROTOCOL FOR ORGAN DONATION, SO AS TO CLARIFY AND REVISE THESE POLICIES AND PROTOCOLS AND TO CREATE THE COMMISSION ON ORGAN, TISSUE, AND EYE DONATION FOR THE PURPOSE OF ENSURING COMPLIANCE WITH FEDERAL AND STATE LAW PERTAINING TO HOSPITAL NOTIFICATION OF ORGAN DONATION AGENCIES; TO AMEND SECTION 44-43-1320 RELATING TO THE GIFT OF LIFE TRUST FUND BOARD, SO AS TO CLARIFY THE MEMBER AGENCIES ON THE BOARD; AND TO REPEAL SECTIONS 44-43-120, 44-43-130, 44-43-150, AND 44-43-390, ALL RELATING TO PROCEDURES FOR EYE DONATIONS.
Rep. WILDER explained the Bill.
S. 921 (Word version) -- Senators Lander, Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-43-410 SO AS TO REQUIRE AN ORGAN DONATION TO BE DONATED TO THE ORGAN PROCUREMENT ORGANIZATION IF NO DONEE IS SPECIFICALLY DESIGNATED BY THE DONOR; BY ADDING SECTION 44-43-420 SO AS TO AUTHORIZE THE ORGAN PROCUREMENT ORGANIZATION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE SHARING OF ORGANS, TO REQUIRE DONATIONS TO REMAIN WITH SOUTH CAROLINA RECIPIENTS, AND TO PROVIDE AN EXCEPTION; TO AMEND SECTION 44-43-320, RELATING TO DEFINITIONS IN THE UNIFORM ANATOMICAL GIFT ACT, SO AS TO DEFINE THE ORGAN PROCUREMENT ORGANIZATION.
Rep. WILDER explained the Bill.
H. 4566 (Word version) -- Reps. Klauber and Scott: A BILL 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.
Rep. BAILEY explained the Bill.
H. 4755 (Word version) -- 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.
Rep. BAILEY explained the Bill.
S. 1007 (Word version) -- Senators Holland, McConnell and Giese: A BILL TO ENACT THE DRUG-INDUCED CRIME PREVENTION AND PUNISHMENT ACT OF 1998, BY AMENDING SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRUGS, SO AS TO CREATE THE OFFENSE OF DISTRIBUTING A CONTROLLED SUBSTANCE TO AN INDIVIDUAL WITH THE INTENT TO COMMIT A CRIME AGAINST THAT INDIVIDUAL AND ESTABLISH APPROPRIATE PENALTIES, AND ALSO TO CREATE THE OFFENSE OF TRAFFICKING IN FLUNITRAZEPAM AND ESTABLISH APPROPRIATE PENALTIES; BY AMENDING SECTION 16-1-90, AS AMENDED, RELATING TO THE CLASSIFICATION OF CRIMES, SO AS TO CLASSIFY THIS OFFENSE AS A FELONY; AND BY AMENDING SECTION 16-3-652, RELATING TO CRIMINAL SEXUAL CONDUCT, SO AS TO PROVIDE THAT, IF ONE PERSON CAUSES ANOTHER PERSON TO BECOME MENTALLY INCAPACITATED OR PHYSICALLY HELPLESS BY ADMINISTERING A CONTROLLED SUBSTANCE, THAT PERSON IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Rep. JENNINGS explained the Bill.
On motion of Rep. MEACHAM, with unanimous consent, it was ordered that H. 4887 (Word version) be read the third time tomorrow.
On motion of Rep. WALKER, with unanimous consent, it was ordered that H. 4863 (Word version) be read the third time tomorrow.
On motion of Rep. WILDER, with unanimous consent, it was ordered that S. 920 (Word version) be read the third time tomorrow.
On motion of Rep. WALKER, with unanimous consent, it was ordered that S. 921 (Word version) be read the third time tomorrow.
On motion of Rep. BAILEY, with unanimous consent, it was ordered that H. 4566 (Word version) be read the third time tomorrow.
Rep. BAILEY asked unanimous consent that H. 4755 (Word version) be read a third time tomorrow.
Rep. LITTLEJOHN objected.
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that S. 1007 (Word version) be read the third time tomorrow.
The following Bill was taken up.
H. 4619 (Word version) -- Reps. Wilkins, D. Smith, Lanford, Haskins, Harrell, Campsen, Whipper, Kirsh, Mason, Meacham, Young-Brickell, Miller, Wilder, Koon, Littlejohn, Bauer, Easterday, Sandifer, Seithel, Hamilton, T. Brown, Hinson, Delleney, Dantzler, Woodrum, Jordan, Moody-Lawrence, McGee, McKay, Quinn, Simrill, Altman, Felder, Sharpe, Edge, Clyburn, Klauber, Inabinett, Battle, Hawkins, Lloyd, Harrison, Riser, Scott, Knotts, Robinson and Bowers: A BILL TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 14, THE STATE RETIREMENT SYSTEMS INVESTMENT SAFEGUARDS ACT, SO AS TO AUTHORIZE THE INVESTMENT AND REINVESTMENT OF FUNDS OF THE VARIOUS STATE RETIREMENT SYSTEMS IN EQUITY SECURITIES OF AMERICAN CORPORATIONS THAT ARE REGISTERED ON A NATIONAL SECURITIES EXCHANGE OR QUOTED THROUGH THE NATIONAL ASSOCIATION OF SECURITIES DEALERS AUTOMATIC QUOTATIONS SYSTEMS, TO LIMIT TOTAL EQUITY INVESTMENTS TO NO MORE THAN FORTY PERCENT OF THE MARKET VALUE OF THE ASSETS OF A RETIREMENT SYSTEM, TO ESTABLISH THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL AND PROVIDE FOR ITS MEMBERSHIP, POWERS, AND DUTIES, INCLUDING THE DELEGATION OF ITS FUNCTIONS OR THOSE OF THE STATE BUDGET AND CONTROL BOARD, TO PROVIDE FOR THE DEVELOPMENT AND IMPLEMENTATION OF AN ANNUAL INVESTMENT PLAN AND THE DUTIES OF THE STATE BUDGET AND CONTROL BOARD AND THE STATE RETIREMENT SYSTEMS INVESTMENT PANEL IN DEVELOPING AND IMPLEMENTING THE PLAN, TO PROVIDE REPORTING AND DISCLOSURE REQUIREMENTS, TO PRESCRIBE THE DUTIES AND RESPONSIBILITIES OF FIDUCIARIES WITH RESPECT TO THE RETIREMENT SYSTEM, INCLUDING MATTERS RELATING TO CONFLICTS OF INTEREST, EDUCATION REQUIREMENTS, AND INSURANCE AND PROVIDE FOR CIRCUMSTANCES IN WHICH THE FREEDOM OF INFORMATION ACT DOES NOT APPLY WITH RESPECT TO DELIBERATIONS ON THE ANNUAL INVESTMENT PLAN; TO AMEND SECTION 9-1-1310, RELATING TO THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE STATE RETIREMENT SYSTEM AND AUTHORIZED INVESTMENTS, SO AS SPECIFICALLY TO AUTHORIZE THE FUNDS OF THE RETIREMENT SYSTEM TO BE INVESTED IN EQUITY SECURITIES, AND TO PROVIDE FOR THE SEVERABILITY OF THIS ACT IF ANY PART IS HELD INVALID.
Rep. H. BROWN moved to recommit the Bill to the Committee on Ways and Means, which was agreed to.
The following Bill was taken up.
H. 3453 (Word version) -- Reps. McMahand, F. Smith, Meacham, Knotts, Neal, Mack, Maddox, Stille, Haskins, Young-Brickell, Parks, Gourdine, Moody-Lawrence and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-243 SO AS TO REQUIRE SCHOOL DISTRICTS TO DEVELOP ALTERNATIVE SCHOOLS AND TO REQUIRE A CHILD EXPELLED FOR MORE THAN ONE WEEK TO BE PLACED IN A PRIVATE OR ALTERNATIVE SCHOOL.
Reps. WALKER, HARRELL, LITTLEJOHN, F. SMITH, J. HINES, McMAHAND, COTTY, DAVENPORT, ALLISON, RODGERS, STUART, J. SMITH, SCOTT, MOODY-LAWRENCE, SANDIFER, MARTIN, STILLE and TOWNSEND requested debate on the Bill.
The following Bill was taken up.
H. 3652 (Word version) -- Reps. Beck, J. Hines, Seithel, Neilson, Cato, Mason, Allison, Clyburn, Whatley, R. Smith, Lee, Davenport, McCraw, Keegan, Spearman, Breeland, Kelley, Easterday, Edge, Miller, Witherspoon, Boan, Hamilton, Harrell, Mack, Hawkins, Battle and Jennings: A BILL TO AMEND SECTION 59-67-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF SCHOOL BUSES OWNED AND OPERATED BY A PRIVATE SCHOOL OR UNDER CONTRACT FOR A PRIVATE SCHOOL, SO AS TO REVISE THE PROVISIONS PERTAINING TO PAINTING, LETTERING, AND USE OF STOP ARMS AND WARNING LIGHTS ON THESE VEHICLES OWNED AND OPERATED OR UNDER CONTRACT.
Reps. BECK, R. SMITH, MASON, DAVENPORT, SHARPE, WALKER, LITTLEJOHN, PHILLIPS, TOWNSEND, MARTIN, STUART and LOFTIS requested debate on the Bill.
Reps. HASKINS, TRIPP, VAUGHN, SIMRILL and RICE objected to the Bill.
The following Joint Resolution was taken up. H. 4865 (Word version) -- 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.
Rep. WALKER explained the Joint Resolution.
Rep. TRIPP spoke upon the Joint Resolution.
Rep. WALKER spoke in favor of the Joint Resolution.
Rep. TRIPP moved to adjourn debate upon the Joint Resolution until Tuesday, March 31.
Rep. WALKER moved to table the motion, which was agreed to by a division vote of 48 to 21.
The Joint Resolution was read the second time and ordered to third reading.
Rep. WALKER asked unanimous consent that H. 4865 (Word version) be read a third time tomorrow.
Rep. TRIPP objected.
The following Bill was taken up.
H. 3830 (Word version) -- Rep. J. Smith: A BILL TO AMEND SECTION 16-17-445, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, SO AS TO ADD THE DEFINITION OF "PRIZE PROMOTION", TO PROVIDE THAT ANY TELEPHONE SOLICITOR WHO MAKES AN UNSOLICITED CONSUMER TELEPHONE CALL MUST DISCLOSE PROMPTLY TO THE PERSON RECEIVING THE CALL THE IDENTITY OF THE SELLER, THAT THE PURPOSE OF THE CALL IS TO SELL GOODS OR SERVICES, THE NATURE OF THE GOODS OR SERVICES, THAT NO PURCHASE OR PAYMENT IS NECESSARY TO WIN OR PARTICIPATE IN A PRIZE PROMOTION IF A PRIZE PROMOTION IS OFFERED, AND THAT, WHEN REQUESTED, THE TELEMARKETER MUST DISCLOSE THE NO PURCHASE/NO PAYMENT ENTRY METHOD FOR THE PRIZE PROMOTION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\DKA\4874MM.98), which was adopted.
Amend the bill, as and if amended, by striking item (5) of Subsection (B) of Section 16-17-445 of the 1976 Code, as contained in SECTION 1, on page 3830-3 and inserting:
/(3)(5) remove the called party's name and telephone number from in-house calling lists if the called party asks the solicitor not to call again upon request of the called party, the solicitor's address to which the called party may send by mail to require that the called party's name and telephone number be deleted from the solicitor's in-house calling list./
Amend title to conform.
Rep. LAW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. LAW, with unanimous consent, it was ordered that H. 3830 (Word version) be read the third time tomorrow.
The following Bill was taken up.
S. 124 (Word version) -- Senators McConnell and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-215 SO AS TO PROHIBIT A HEALTH BENEFIT POLICY FROM REQUIRING AS A CONDITION FOR THE COVERAGE OF DERMATOLOGICAL SERVICES THAT THE INSURED FIRST OBTAIN A REFERRAL FROM A PRIMARY CARE PHYSICIAN.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15542JM.98), which was adopted.
Amend the bill, as and if amended, by striking all before the enacting words (i.e., the whereas clause).
Amend the bill further, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 38-71-215. (A) If a primary care physician makes a referral to a dermatologist, the enrollee in a managed care plan may see the in-network dermatologist to whom the enrollee is referred, without further referral, for a minimum of six months or four visits, whichever first occurs, for diagnosis, medical treatment, or surgical procedures for the referral problem or related complications.
(B) Written communication from the dermatologist should be sent to the primary care physician after each visit.
(C) An enrollee with a documented past history of malignant melanoma may be referred by his or her primary care physician to an in-network dermatologist for an annual evaluation and, as necessary, biopsy or surgery, or both.
(D) All services provided pursuant to this section are subject to contractual provisions regarding medical necessity and benefit coverage.
(E) Nothing in this section may be construed to extend benefits to an enrollee past the contract period."
SECTION 2. This act takes effect January 1, 1999./
Amend title to conform.
Rep. MASON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MASON, with unanimous consent, it was ordered that S. 124 (Word version) be read the third time tomorrow.
The following Bill was taken up. H. 3889 (Word version) -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: A BILL 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 "EMERGENCY SERVICES ACT" SO AS TO PROVIDE THAT PROSPECTIVE AUTHORIZATION FOR TREATMENT IN AN EMERGENCY MEDICAL FACILITY IS NOT REQUIRED IF IN THE OPINION OF THE ATTENDING PHYSICIAN TREATMENT IS NEEDED TO STABILIZE THE CONDITION.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15491AC.98), which was adopted.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. Title 38, Chapter 71 of the 1976 Code is amended by adding:
Section 38-71-1510. This article may be cited as the 'Access to Emergency Medical Care Act'.
Section 38-71-1520. As used in this article:
(1) 'Emergency medical care' means those health care services provided in a hospital emergency facility to evaluate and treat an emergency medical condition.
(2) 'Emergency medical condition' means a medical condition manifesting itself by acute symptoms of sufficient severity, including severe pain, such that a prudent layperson who possesses an average knowledge of health and medicine could reasonably expect the absence of immediate medical attention to result in:
(a) placing the health of the individual, or with respect to a pregnant woman, the health of the woman or her unborn child, in serious jeopardy;
(b) serious impairment to bodily functions; or
(c) serious dysfunction of any bodily organ or part.
(3) 'Emergency medical provider' means hospitals licensed by the South Carolina Department of Health and Environmental Control, hospital-based services, and physicians licensed by the State Board of Medical Examiners who provide emergency medical care.
(4) 'Managed care organization' means a licensed insurance company, hospital, or medical benefit plan or program, health maintenance organization, integrated health care delivery system, an employer or employee organization, or a managed care contractor which operates a managed care plan. A managed care organization may include, but is not limited to, a preferred provider organization, health maintenance organization, exclusive provider organization, independent practice association, clinic without walls, management services organization, and hospital physician organization.
(5) 'Managed care plan' means a plan operated by a managed care entity which provides for the financing and delivery of health care and treatment services to individuals enrolled in the plan through its own employed health care providers or contracting with selected specific providers that conform to explicit selection standards, or both. A managed care plan also customarily has a formal organizational structure for continual quality assurance, a certified utilization review program, dispute resolution, and financial incentives for individual enrollees to use the plan's participating providers and procedures.
Section 38-71-1530. (A) A patient who presents to an emergency department must, by the Federal Social Security Act, be screened to determine whether an emergency medical condition exists. This evaluation may include, but is not limited to, diagnostic testing to assess the extent of the condition, sickness, or injury and radiographic procedures and interpretation.
(B) Appropriate intervention must be initiated by medical personnel to stabilize any emergency medical condition before receiving authorization for the treatment by an insurer, health maintenance organization, hospital, medical service corporation, or health benefit plan.
(C) An insurer, health maintenance organization, preferred provider organization, or other managed care organization shall inform its insureds, enrollees, patients, and affiliated providers about all policies related to emergency care access, coverage, payment, and grievance procedures. It is the ultimate responsibility of the insurer, health maintenance organization, or preferred provider organization to inform any contracted third party administrator, independent contractor, or primary care provider about the emergency care provisions contained in this subsection.
(D) An insurer, health maintenance organization, preferred provider organization, or other managed care organization which includes emergency medical services as part of its policy or contract shall provide coverage and shall subsequently pay providers for emergency medical services provided to an insured, enrollee, or patient who presents an emergency medical condition. This subsection must not be construed to require coverage for illnesses, diseases, equipment, supplies, or procedures or treatments which are not otherwise covered under the terms of the insured's policy or contract.
(E) An insurer, health maintenance organization, preferred provider organization, or other managed care organization may not retrospectively deny or reduce payments to providers for emergency medical services of an insured, enrollee, or patient even if it is determined that the emergency medical condition initially presented is later identified through screening not to be an actual emergency, except in these cases:
(1) material misrepresentation, fraud, omission, or clerical error;
(2) a payment reduction due to applicable co-payments, co-insurance, or deductibles which may be the responsibility of the insured;
(3) cases in which the insured does not meet the emergency medical condition definition, unless the insured has been referred to the emergency department by the insured's primary care physician or other agent acting on behalf of the insurer.
Section 38-71-1540. No insurer, health maintenance organization, preferred provider organization, or other managed care organization may engage in any practice to prohibit or discourage the appropriate use of the 911 emergency telephone system which may adversely impact the health of its enrollees.
Section 38-71-1550. If any provision of this article or the application of any provision to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MASON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. MASON, with unanimous consent, it was ordered that H. 3889 (Word version) be read the third time tomorrow.
The following Bill was taken up.
H. 4737 (Word version) -- Reps. Bailey and Walker: A BILL TO AMEND SECTION 40-57-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE BROKERS, SALESMEN, AND PROPERTY MANAGERS AND THE EDUCATIONAL REQUIREMENTS WHICH ARE CONDITIONAL TO AN APPLICATION FOR LICENSURE, SO AS TO PROVIDE THAT FOR A SALESMAN'S LICENSE THE APPLICANT FOR LICENSURE MUST COMPLETE SIXTY, RATHER THAN THIRTY, HOURS OF CLASSROOM INSTRUCTION IN FUNDAMENTALS OF REAL ESTATE PRINCIPLES AND PRACTICES ON EVIDENCE, AND TO PROVIDE THAT FOR A BROKER'S LICENSE, THE APPLICANT FOR LICENSURE MUST COMPLETE ONE HUNDRED FIFTY, RATHER THAN ONE HUNDRED TWENTY, HOURS OF CERTAIN CLASSROOM INSTRUCTION, NINETY, RATHER THAN SIXTY, HOURS OF WHICH MAY BE THE HOURS REQUIRED FOR A SALESMAN'S LICENSE.
Rep. BAILEY explained the Bill.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 772 (Word version) -- Senators Holland, Bryan and Courson: A BILL TO AMEND SECTION 22-3-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPELLING ATTENDANCE OF A WITNESS, SO AS TO ALLOW A MAGISTRATE TO COMPEL THE ATTENDANCE OF ANY WITNESS RESIDING IN THE COUNTY INSTEAD OF ANY WITNESS RESIDING NOT MORE THAN TWENTY MILES FROM THE MAGISTRATE'S LOCATION; TO PROVIDE THAT IF THE WITNESS FAILS OR REFUSES TO ATTEND OR GIVE EVIDENCE WITHOUT GOOD CAUSE SHOWN, THE MAGISTRATE MAY FIND HIM IN CONTEMPT AND SENTENCE HIM UP TO THE CRIMINAL JURISDICTIONAL LIMIT IMPOSED ON MAGISTRATES' COURTS; AND TO DELETE CERTAIN OBSOLETE REFERENCES.
Rep. YOUNG explained the Bill.
Rep. HASKINS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3533 (Word version) -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-25 SO AS TO PROVIDE THAT ACTS, RESOLUTIONS, OR LAWS OF THIS STATE ENACTED BY THE GENERAL ASSEMBLY ARE AFFORDED A PRESUMPTION OF LEGALITY AND CONSTITUTIONALITY, TO PROVIDE FOR THE BURDEN OF PROOF A PLAINTIFF MUST MEET IN SEEKING TO OVERTURN AN ACT, RESOLUTION, OR LAW OF THIS STATE, AND TO PROVIDE THAT THE ATTORNEY GENERAL, UPON CONCLUSION OF SUCH AN ACTION, PROMPTLY SHALL NOTIFY CERTAIN OFFICERS OF THE GENERAL ASSEMBLY IF A COURT DECLARES AN ACT, RESOLUTION, OR LAW UNCONSTITUTIONAL, INVALID, OR WITHOUT FORCE AND EFFECT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21371SD.98).
Amend the bill, as and if amended, by striking Section 2-7-25(C) of the 1976 Code, as contained in SECTION 1, beginning on line 39, page 1, and inserting:
/(C) In any proceeding before a court of this State when a party seeks to overturn, overrule, void, or strike down an act, resolution, or law of this State in whole or in part, the court shall apply a standard of proof in favorum leges. In order to prevail, the party seeking such relief is required to prove beyond a reasonable doubt, both as to the totality of the evidence and as to all the parts of the evidence, that the act, resolution, or law is unconstitutional, invalid, inapplicable, or otherwise without force and effect./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. JENNINGS moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4905 (Word version) -- Rep. Fleming: A BILL TO AMEND TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTNERSHIPS, CORPORATIONS, AND ASSOCIATIONS, BY ADDING CHAPTER 36 SO AS TO INCLUDE NONPROFIT CORPORATIONS FINANCED BY BOTH FEDERAL AND STATE LOANS AND TO PROVIDE FOR INCORPORATION, MEMBERSHIP, SALE, CONSOLIDATION, MERGER, AND DISSOLUTION OF CORPORATIONS NOT-FOR-PROFIT; TO AMEND SECTIONS 33-20-103, AS AMENDED, AND 33-31-1708, RELATING TO EXEMPTION OF CERTAIN NONPROFIT CORPORATIONS FROM THE PROVISIONS OF CHAPTERS 1 THROUGH 20 AND CHAPTER 31 OF TITLE 33, SO AS TO EXEMPT NONPROFIT CORPORATIONS ORGANIZED PURSUANT TO CHAPTER 36; TO REPEAL CHAPTER 35 OF TITLE 33 RELATING TO NONPROFIT CORPORATIONS FINANCED BY FEDERAL LOANS; AND TO AMEND SECTION 6-13-120, RELATING TO DISSOLUTION OF A WATER DISTRICT, SECTION 6-19-10, RELATING TO STATE AUTHORITY TO MAKE GRANTS TO WATER AND SEWER AUTHORITIES OR DISTRICTS, SECTION 12-6-550, RELATING TO CORPORATIONS EXEMPT FROM STATE INCOME TAXES, SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES AND USE TAXES, AND SECTION 12-37-220, AS AMENDED, RELATING TO EXEMPTIONS FROM PROPERTY TAX, ALL SO AS TO CHANGE CROSS-REFERENCES TO REFLECT REPEAL OF CHAPTER 35 AND ADDITION OF CHAPTER 36.
Referred to Committee on Judiciary.
H. 4906 (Word version) -- Reps. Byrd, Cobb-Hunter, Kennedy, Inabinett, Lloyd, Stoddard, Scott, Howard, Bailey, Gourdine, Moody-Lawrence and Simrill: A BILL TO AMEND CHAPTER 1, TITLE 37, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS AND DEFINITIONS IN THE CONSUMER PROTECTION CODE, BY ADDING SECTION 37-1-410 SO AS TO REQUIRE A PERSON OR BUSINESS THAT SUBMITS TO A CONSUMER CREDIT REPORTING AGENCY AN INDIVIDUAL'S NAME AS A CREDIT RISK OR AS HAVING BAD CREDIT TO NOTIFY THE INDIVIDUAL OF THAT FACT IN WRITING, AND TO PROVIDE A CRIMINAL PENALTY FOR FAILURE TO COMPLY WITH THIS SECTION.
Referred to Committee on Labor, Commerce and Industry.
The following Bill was taken up.
H. 4706 (Word version) -- Reps. Fleming, Campsen, Altman, Jennings and Cobb-Hunter: A BILL TO AMEND SECTION 56-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN APPEAL OF CERTAIN MOTOR VEHICLE OFFENSES THAT ACTS AS A SUPERSEDEAS, SO AS TO REVISE THE PERIOD WITHIN WHICH IMPOSITION OF THE PENALTY IS PRECLUDED.
Rep. FLEMING proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22050CM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 56-1-430 of the 1976 Code is amended to read:
"Section 56-1-430. Upon conviction of an offense making mandatory the suspension or revocation of the driver's license of the convicted person so convicted, an appeal taken from such the conviction shall act acts as a supersedeas so as to preclude for a period of sixty days from the date of conviction to the date a final judgment is entered, any such the suspension or revocation. Pursuant to Section 56-1-365, the clerk of court of the court hearing the appeal must notify the Department of Public Safety of the final disposition of the appeal within ten days of receiving notice of it to allow the conviction to be removed from the driver's record or to allow the suspension to become effective."
SECTION 2. The fifth paragraph of Section 56-1-365 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"If the defendant surrenders his license, upon conviction, and subsequently files a notice of appeal, the appeal shall act 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 until the department is notified that the conviction has been affirmed or overturned by appeal. The certificate must be kept in the defendant's possession while operating a motor vehicle during the sixty-day period stay of suspension, 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. The clerk of court for the court hearing the appeal must notify the department of the final disposition of the appeal within ten days of receiving notice of it to allow the conviction to be removed from the driver's record or to allow the suspension to become effective."
SECTION 3. All proceedings pending and all rights and liabilities existing, acquired, or accrued at the time this act takes effect are saved. The provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.
SECTION 4. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. FLEMING, with unanimous consent, it was ordered that H. 4706 (Word version) be read the third time tomorrow.
The following Bill and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 377 (Word version) -- Senator Giese: A BILL TO AMEND SECTIONS 16-11-510 AND 16-11-520, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MALICIOUS INJURY TO PERSONAL AND REAL PROPERTY, SO AS TO PROVIDE THAT THE PENALTIES FOR VIOLATING EITHER CRIME APPLY WHEN INJURY TO THE PROPERTY OR PROPERTY LOSS OCCURS.
Rep. JENNINGS explained the Bill.
H. 4882 (Word version) -- 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.
Rep. LAW explained the Joint Resolution.
H. 4883 (Word version) -- 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.
Rep. LAW explained the Joint Resolution.
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that S. 377 (Word version) be read the third time tomorrow.
On motion of Rep. LAW, with unanimous consent, it was ordered that H. 4882 (Word version) be read the third time tomorrow.
On motion of Rep. LAW, with unanimous consent, it was ordered that H. 4883 (Word version) be read the third time tomorrow.
The following Bill was taken up.
H. 4666 (Word version) -- Reps. Campsen, Cotty, Altman, Limehouse, J. Smith, Knotts, Hinson, Littlejohn, Barrett, Young, Keegan, Stille, McMaster, Woodrum, Easterday, R. Smith, Haskins, Riser, Leach, Hamilton, Harrison and Delleney: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5400AC.98), which was adopted.
Amend the bill, as and if amended, Section 20-7-8320, page 1, line 29, by deleting / school / and inserting / school facility / and by deleting line 41 and inserting / Justice." / so when amended Section 20-7-8320 reads:
/Section 20-7-8320. (A) A juvenile who shall have been conditionally released from a correctional school facility shall remain under the authority of the parole board until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the nineteenth twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.
(B) As a condition of correctional release, the parole board may impose participation in the restitution, work, and community service programs as established or approved by the Department of Juvenile Justice."/
Amend title to conform.
Rep. JENNINGS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. JENNINGS, with unanimous consent, it was ordered that H. 4666 (Word version) be read the third time tomorrow.
The following Bill was taken up. S. 332 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 16-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES, FINES, AND FORFEITURE PROCEDURES ASSOCIATED WITH THE UNLAWFUL CARRYING OF A PISTOL, SO AS TO NOT ALLOW A CONFISCATED PISTOL TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO ALLOW A CONFISCATED PISTOL TO BE DESTROYED; TO AMEND SECTION 16-23-405, RELATING TO THE DEFINITION OF WEAPON, AND TO THE CONFISCATION AND DISPOSITION OF WEAPONS USED IN THE COMMISSION OR FURTHERANCE OF A CRIME, SO AS TO ALLOW A LAW ENFORCEMENT AGENCY THAT RECEIVES A CONFISCATED WEAPON TO TRADE IT WITH CERTAIN RETAIL DEALERS, TO NOT ALLOW A CONFISCATED WEAPON TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL, AND TO ALLOW A CONFISCATED WEAPON TO BE DESTROYED; TO AMEND SECTION 23-31-180, AS AMENDED, RELATING TO THE FORFEITURE AND DESTRUCTION OF PISTOLS DECLARED TO BE CONTRABAND, SO AS TO NOT ALLOW PISTOLS DECLARED TO BE CONTRABAND TO BE TRANSFERRED TO A CLERK OF COURT OR A MAYOR FOR DISPOSAL AND TO REQUIRE THESE WEAPONS TO BE EITHER DESTROYED OR DISPLAYED; AND TO REPEAL SECTION 16-23-500 RELATING TO THE AUTHORITY OF CLERKS OF COURT AND MAYORS TO SELL CONFISCATED OR FORFEITED WEAPONS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GGS\22036CM.98).
Amend the bill, as and if amended, by adding the following appropriately numbered section:
/SECTION ____. Article 4, Chapter 31, Title 23 of the 1976 Code is amended by adding:
"Section 23-31-240. Notwithstanding any other provision contained in this article, the following persons who possess a valid permit pursuant to this article may carry a concealable weapon anywhere within this State, when carrying out the duties of their office:
(1) active Supreme Court justices;
(2) active judges of the Court of Appeals;
(3) active circuit court judges;
(4) active family court judges;
(5) active masters-in-equity;
(6) active probate court judges;
(7) active magistrates;
(8) active municipal court judges;
(9) active federal judges;
(10) active administrative law judges; and
(11) active solicitors and assistant solicitors."/
Renumber sections to conform.
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER Pro Tempore sustained the Point of Order.
The following Bill was taken up.
H. 3888 (Word version) -- Reps. J. Smith, J. Hines, Hodges, Martin, Maddox, Miller, Byrd, Battle, Bauer, Parks and Lloyd: A BILL TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO ALSO MAKE IT UNLAWFUL TO SUPPLY ROLLING PAPER AND TO MAKE IT UNLAWFUL FOR A MINOR UNDER THE AGE OF EIGHTEEN TO POSSESS SAME.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21401SD.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is further amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any person to sell, furnish, give, or provide any minor under the age of eighteen years with cigarettes, cigars, tobacco, cigarette or rolling paper, or any substitute therefor. Any person violating the provisions of this section, either in person, by agent, or in any other way, shall be is guilty of a misdemeanor and, upon indictment and conviction, therefor shall must be punished as follows:
(1) for a first offense, by a fine not exceeding twenty-five one hundred dollars;
(2) for a second offense, by a fine not exceeding fifty two hundred dollars; and
(3) for a third or subsequent offense, by a fine of not less than one two hundred dollars or imprisonment for not more than one year nor less than sixty thirty days, or both.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B) All fines imposed must be paid to the treasurer of the county or municipality in which the conviction occurred."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-8927. (A) It is unlawful for a person under eighteen years of age to purchase or knowingly possess cigarettes, cigars, smokeless or chewing tobacco, tobacco samples, cigarette or rolling paper, or any substitute for these. Possession is prima facie evidence that it was knowingly possessed.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than one hundred dollars.
(C) All fines imposed must be paid to the treasurer of the county or municipality in which the conviction occurred.
(D) This section does not apply to a minor participating in the annual Youth Access to Tobacco Study, which is required by Section 1926 of federal Public Law 102-321 and conducted by the Department of Alcohol and Other Drug Abuse Services, or any employee who is a minor lawfully engaged in the sale or delivery of tobacco products in an unopened package."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. JENNINGS explained the amendment.
Rep. JENNINGS continued speaking.
The amendment was then adopted.
Rep. JENNINGS explained the Bill.
Rep. SHEHEEN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4896 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT FOR THE PERIOD FROM APRIL 30, 1998 UNTIL JANUARY 15, 1999, THE SEASON IS CLOSED FOR THE TAKING OF SHAD ON THE EDISTO RIVER FROM THE U.S. HIGHWAY 17 BRIDGE TO THE HEADWATERS OF THE EDISTO RIVER.
Rep. CROMER made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. JORDAN asked unanimous consent to recall H. 3569 (Word version) from the Committee on Judiciary.
Rep. CROMER objected.
Rep. TOWNSEND, with unanimous consent, made a statement relative to standards in education information.
The Senate amendments to the following Bill were taken up for consideration.
H. 3421 (Word version) -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-567 SO AS TO CREATE A MISDEMEANOR FOR KNOWINGLY MAKING A FALSE REPORT OF ABUSE OR NEGLECT AND TO
PROVIDE PENALTIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR GOOD FAITH REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO PROVIDE THAT THERE IS NO IMMUNITY IF A PERSON DOES NOT ACT IN GOOD FAITH OR ACTS MALICIOUSLY IN MAKING A REPORT.
Rep. COTTY 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. 3974 (Word version) -- Reps. Campsen, Seithel, Woodrum, Altman and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1635 SO AS TO PROHIBIT PLACING A MINOR IN A FOSTER HOME IF THE MINOR HAS BEEN ADJUDICATED OR CONVICTED OF OR PLED GUILTY TO A SEX OFFENSE, AND TO PROVIDE AN EXCEPTION FOR PLACEMENT IN A THERAPEUTIC FOSTER HOME IF NO OTHER MINORS ARE IN THE HOME.
Rep. COTTY moved to adjourn debate upon the Senate amendments until Wednesday, April 1, which was adopted.
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3054 (Word version) -- Reps. Scott, Bailey, J. Hines and Lloyd: A JOINT RESOLUTION TO CREATE A COMMITTEE TO STUDY THE FEASIBILITY OF IMPLEMENTING A STATEWIDE MASS TRANSPORTATION SYSTEM. H. 4575 (Word version) -- Reps. Harrison and Klauber: A BILL TO AMEND SECTION 28-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EMINENT DOMAIN PROCEDURE ACT, SO AS TO DEFINE "APPRAISAL" IN INSTANCES OF CONDEMNATION OF PROPERTY OF A REGULATED PRIVATELY OWNED WATER OR SEWER UTILITY TO PROVIDE THAT THE VALUATION FOR COMPENSATION PAYABLE FOR THE PROPERTY INCLUDE ALL APPROPRIATE VALUATIONS, INCLUDING THE REPLACEMENT COST, INCOME, AND SALES COMPARISON METHODS OF VALUATION.
The motion period was dispensed with on motion of Rep. CROMER.
The following Bill was taken up.
H. 4378 (Word version) -- Reps. Wilkins, Cotty, Whipper, Harrison, T. Brown, Knotts, Mason, Sandifer, Simrill, Stille, Stuart, Riser, Moody-Lawrence, Walker and Meacham: A BILL TO ENACT "THE MAGISTRATES COURT REFORM ACT OF 1998" INCLUDING PROVISIONS TO ADD SECTION 9-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT MAGISTRATES MAY PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM; TO AMEND SECTION 22-1-10, AS AMENDED, RELATING TO APPOINTMENT OF MAGISTRATES, SO AS TO PROVIDE THAT COURT ADMINISTRATION AFTER CONSULTING WITH EACH COUNTY GOVERNING BODY SHALL INFORM THE SENATORS REPRESENTING THE COUNTY OF THE NUMBER OF POSITIONS AVAILABLE IN THE COUNTY, THE NUMBER OF WORK HOURS REQUIRED BY EACH POSITION, THE COMPENSATION FOR EACH POSITION, AND THE AREA OF THE COUNTY TO WHICH EACH POSITION IS ASSIGNED; TO REQUIRE THAT ON OR AFTER MAY 1, 2002, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE; AND THAT ON OR AFTER MAY 1, 2006, A MAGISTRATE AT THE TIME OF HIS APPOINTMENT MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE; TO ADD SECTION 22-1-12 SO AS TO REQUIRE THAT A MAGISTRATE COMPLETE CERTAIN TRIAL OBSERVATIONS PRIOR TO TRYING CASES; TO AMEND SECTION 22-1-15, RELATING TO THE PERSONS PRESENTLY SERVING AS MAGISTRATES, SO AS TO REQUIRE THAT A MAGISTRATE CONTINUING TO SERVE ON MAY 1, 2002, MUST HAVE RECEIVED A TWO-YEAR ASSOCIATE DEGREE AND THAT A MAGISTRATE CONTINUING TO SERVE ON OR AFTER MAY 1, 2006, MUST HAVE RECEIVED A FOUR-YEAR BACCALAUREATE DEGREE AND TO PROVIDE THAT MAGISTRATES SERVING ON JULY 1, 1998, SHALL NOT BE REQUIRED TO MEET THE HIGHER EDUCATION REQUIREMENTS OF SECTION 22-1-10 (B) AND (C) DURING THEIR TENURE IN OFFICE; TO ADD SECTION 22-1-17 SO AS TO ESTABLISH A TWO-YEAR PROGRAM AVAILABLE TO MAGISTRATES WHO HAVE SUCCESSFULLY COMPLETED THE CERTIFICATION EXAMINATION; TO ADD SECTION 22-1-19 SO AS TO ESTABLISH AN ADVISORY COUNCIL TO MAKE RECOMMENDATIONS TO THE SUPREME COURT REGARDING THE ELIGIBILITY EXAMINATION, CERTIFICATION EXAMINATION, AND CONTINUING EDUCATION REQUIREMENTS FOR MAGISTRATES; TO AMEND SECTION 22-1-30, AS AMENDED, RELATING TO SUSPENSION OR REMOVAL OF MAGISTRATES, SO AS TO PROVIDE THAT A MAGISTRATE'S FAILURE TO COMPLY WITH RETIREMENT, TRAINING, OR EXAMINATION REQUIREMENTS MAY SUBJECT THE MAGISTRATE TO SUSPENSION OR REMOVAL BY ORDER OF THE SUPREME COURT; SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO ADD SECTION 22-2-5 SO AS TO ESTABLISH AN ELIGIBILITY EXAMINATION THE RESULTS OF WHICH MUST BE USED BY THE SENATORIAL DELEGATION IN MAKING NOMINATION FOR MAGISTERIAL APPOINTMENTS; TO AMEND SECTION 22-2-200, RELATING TO ACCOMMODATIONS TAX REVENUE AS AFFECTING NUMBER OF MAGISTRATES, SO AS TO CONFORM THE PROVISION WITH APPOINTMENT OF ADDITIONAL MAGISTRATES DEPENDENT UPON ACCOMMODATIONS TAX REVENUES; TO AMEND SECTION 22-8-40, RELATING TO FULL-TIME AND PART-TIME MAGISTRATES AND SALARIES, SO AS TO PROVIDE FOR A NEW SALARY SCHEDULE AND FOR ADDITIONAL MAGISTRATES TO BE APPOINTED DEPENDENT UPON ACCOMMODATIONS TAX REVENUES AND TO REQUEST THE SUPREME COURT TO MAKE A REPORT TO THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES' JUDICIARY COMMITTEES RECOMMENDING ADDITIONAL CHANGES IN THE MAGISTRATES' COURTS SYSTEM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21362SD.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act is known and may be cited as the 'Magistrates Court Reform Act of 1998'.
SECTION 2. The 1976 Code is amended by adding:
"Section 9-11-27. (A) On and after January 1, 1999, any person who is a magistrate appointed pursuant to Section 22-1-10 shall participate in the South Carolina Police Officers Retirement System for his service as a magistrate.
(B) From January 1, 1999, to July 1, 1999, a magistrate who elects to transfer credited service received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System may do so upon payment of the accumulated employer and employee contributions and interest in the South Carolina Retirement System plus five percent of his annual salary in effect on July 1, 1998, for each year of service prorated for periods of less than a year. After July 1, 1999, a magistrate may elect to transfer credited service he received under the South Carolina Retirement System to the South Carolina Police Officers Retirement System as provided in Section 9-11-40(9)."
SECTION 3. Section 22-1-10(A) and (B) of the 1976 Code, as last amended by Act 136 of 1991, are amended to read:
"Section 22-1-10. (A) The Governor, by and with the advice and consent of the Senate, may appoint magistrates in each county of the State for a term of four years and until their successors are appointed and qualified.
Magistrates serving the counties of Abbeville, Allendale, Bamberg, Beaufort, Calhoun, Cherokee, Chesterfield, Clarendon, Colleton, Dillon, Edgefield, Florence, Greenville, Hampton, Jasper, Lancaster, Lee, Marion, McCormick, Oconee, Pickens, Saluda, Sumter, and Williamsburg shall serve terms of four years commencing May 1, 1990. Magistrates serving the counties of Aiken, Anderson, Barnwell, Berkeley, Charleston, Chester, Darlington, Dorchester, Fairfield, Georgetown, Greenwood, Horry, Kershaw, Laurens, Lexington, Marlboro, Newberry, Orangeburg, Richland, Spartanburg, Union, and York shall serve terms of four years commencing May 1, 1991.
At least ninety days before the date of the commencement of the terms provided in the preceding paragraph and every four years thereafter, the South Carolina Court Administration, after consultation with each county governing body, must inform, in writing, the Senators representing that county of the number of full-time and part-time magistrate positions available in the county, the number of work hours required by each position, the compensation for each position, and the area of the county to which each position is assigned. If the county governing body Court Administration fails to inform, in writing, the Senators representing that county of the information as required in by this section, then the compensation, hours, and location of the full-time and part-time magistrate positions available in the county remain as designated for the previous four years.
Each magistrate's number of work hours, compensation, and work location must remain the same throughout the term of office, except for a change (1) specifically allowed by statute or (2) authorized by the county governing body Court Administration at least four years after the magistrate's most recent appointment and after a material change in conditions has occurred which warrants the change. Nothing provided in this section prohibits the raising of compensation or hours and compensation during a term of office. No magistrate may be paid for work not performed except for bona fide illness or as otherwise provided by law.
The number of magistrates to be appointed for each county and their territorial jurisdiction are as prescribed by law before March 2, 1897, for trial justices in the respective counties of the State, except as otherwise provided in this section.
(B) No person is eligible to hold the office of magistrate who is not at the time of his appointment a citizen of the United States and of this State, and who has not been a resident of this State for at least five years, has not attained the age of twenty-one years upon his appointment, and has not received a high school diploma or its equivalent educational training as recognized by the State Department of Education.
(1) Notwithstanding the educational qualifications required in this subsection, on or after May 1, 2002, no person is eligible to hold the office of magistrate who has not at the time of his appointment received a minimum of a two-year associate degree except as otherwise provided in Section 22-1-15(D).
(2) Notwithstanding the educational qualifications required in this subsection, on or after May 1, 2006, no person is eligible to hold the office of magistrate who has not at the time of his appointment received a minimum of a four-year baccalaureate degree except as otherwise provided in Section 22-1-15(D)."
SECTION 4. The 1976 Code is amended by adding:
"Section 22-1-12. (A) A magistrate whose initial appointment begins on or after May 1, 1998, may not try a case until a certificate is filed with the Clerk of the Supreme Court stating that the magistrate has observed ten trials. The certificate shall state the name of the proceeding, the dates and the tribunals involved, and be attested to by the judge conducting the proceeding.
(B) The required trial experiences must include the following:
(1) four criminal cases in a magistrates court, two of which must be in a magistrates court where he will not preside;
(2) four civil cases in a magistrates court, two of which must be in a magistrates court where he will not preside;
(3) one criminal jury trial in circuit court; and
(4) one civil jury trial in circuit court.
(C) The trial experiences may be undertaken and completed any time after a person has been nominated by the senatorial delegation for the position of magistrate."
SECTION 5. Section 22-1-15 of the 1976 Code is amended to read:
"Section 22-1-15. (A) The provisions of Section 22-1-10(B) of the 1976 Code do not apply to a magistrate serving on January 1, 1989 during his tenure in office. A magistrate presently holding office must achieve a high school education or the equivalent educational training as recognized by the State Department of Education within two years of January 1, 1989, and must submit a certified copy of his high school diploma or certified proof of its recognized equivalent in educational training as established by the State Department of Education to the South Carolina Court Administration. However, this requirement does not apply to a magistrate with at least five years' service as a magistrate on January 1, 1989. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation and such violation terminates that magistrate's term of office.
(B) Notwithstanding the provisions of subsection (A), a magistrate who is appointed to the office of magistrate after July 1, 1998, must receive a minimum of a two-year associate degree by May 1, 2002, and must submit certified proof to the Court Administration that he has received this degree or a higher educational level degree. The Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and such violation terminates that magistrate's term of office.
(C) Notwithstanding the provisions of subsections (A) and (B), a magistrate who is appointed to the office of magistrate after July 1, 1998, must receive a minimum of a four-year baccalaureate degree by May 1, 2006, and must submit certified proof to the Court Administration that he has received this degree or a higher educational level. The South Carolina Court Administration must report to the Governor's Office a magistrate's failure to submit the proper documentation, and such violation terminates that magistrate's term of office.
(D) The provisions of Section 22-1-10 (B)(1) and (2) do not apply to a magistrate serving on July 1, 1998, during his tenure in office."
SECTION 6. The 1976 Code is amended by adding:
"Section 22-1-17. (A) The South Carolina Court Administration is authorized to establish a two-year program available to magistrates who have successfully completed the certification examination. The program must provide extensive instruction in civil and criminal procedures and must encourage magistrates to develop contacts and resources of information in conjunction with their instructors and fellow magistrates.
(B) The program shall be administered through the state's technical college system and may be used to facilitate continuing legal education opportunities for all magistrates.
(C) The funding for this program is to be appropriated from the state's general fund."
SECTION 7. The 1976 Code is amended by adding:
"Section 22-1-19. An advisory council shall be established in order to make recommendations to the Supreme Court regarding the eligibility examination, certification examination, and continuing education requirements for magistrates. The council shall submit an annual report to the Chief Justice of the Supreme Court or his designee. The council shall consist of:
(1) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Trial Lawyers Association;
(2) a member appointed by the South Carolina Bar upon the recommendation of the South Carolina Association of Criminal Defense Lawyers;
(3) a representative designated by the Criminal Justice Academy;
(4) a representative designated by the South Carolina Legal Services Association;
(5) a representative designated by the Summary Court Judges Association;
(6) a representative designated by the Dean of the University of the South Carolina School of Law;
(7) a representative designated by the Chairman of the Senate Judiciary Committee;
(8) a representative designated by the Chairman of the House Judiciary Committee;
(9) a representative designated by the Governor;
(10) a representative of the South Carolina Victims Assistance Network;
(11) a representative of the South Carolina Solicitor's Association; and
(12) a representative of the South Carolina Sheriff's Association."
SECTION 8. Section 22-1-30 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 22-1-30. A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty. A magistrate's failure to retire in accordance with Section 22-1-25 or a magistrate's failure to comply with training and examination requirements of Section 22-1-10(C) may subject him to suspension or removal by order of the Supreme Court."
SECTION 9. The 1976 Code is amended by adding:
"Section 22-2-5. (A) The South Carolina Court Administration, in cooperation with the technical college system, shall select and administer an eligibility examination to test basic skills of persons seeking an initial appointment as magistrate on or after July 1, 1998. In determining the persons to be recommended to the Governor for initial appointments as magistrates on or after July 1, 1998, a senatorial delegation must use the results of these eligibility examinations to assist in its selection of nominees. The results of these eligibility examinations are valid for six months of the time the appointment is to be made.
(B) The Court Administration shall establish guidelines for exempting persons from taking the examination if certain prescribed educational equivalency requirements have been met.
(C) The Court Administration, in cooperation with the technical college system, shall develop an optional examination preparatory course."
SECTION 10. Section 22-2-200 of the 1976 Code is amended to read:
"Section 22-2-200. The provisions of Sections 8-21-1010, 8-21-1060, 22-1-10, 22-1-15, 22-1-170, 22-2-10, 22-2-210, 22-2-30, and Chapter 8 of Title 22 may in no way be construed to mandate the reduction of the total number of magistrates in any county which generates four million dollars or more annually in accommodations tax revenue. This in no way prohibits the county which generates four million dollars or more annually in accommodations tax revenue from increasing the number of its magistrates notwithstanding the provisions of this chapter or Chapter 8 of Title 22."
SECTION 11. Section 22-8-40 of the 1976 Code is amended to read:
"Section 22-8-40. (A)(1) The county governing body of each county South Carolina Court Administration, using information submitted by each county's governing body and the formula in this section, shall designate magistrates serving within the county as either full time or part time. A county is not required to have a full-time magistrate and may have only part-time magistrates.
(2) The Court Administration must review and approve each county's designation of full-time and part-time magistrates. The total amount paid in magistrates' salaries for a county shall not exceed the total amount of salaries calculated for that county specified by subsections (B) through (G) of this section. Counties are prohibited from supplementing the salaries of magistrates. With the approval of Court Administration, a magistrate may contract with a municipality to preside over its court in the manner provided by law.
(B) All magistrates in this State must be in a state unclassified full-time equivalent position and paid by the State through the Court Administration the base salary as determined by the following factors:
(1) There is established a base salary for each population category as follows:
(a) for those counties with a population of two one hundred fifty thousand and above, according to the latest official United States Decennial Census, the base salary is twenty-nine thousand dollars sixty percent of a circuit judge's salary;
(b) for those counties with a population of at least one hundred fifty thousand but not more than one hundred ninety-nine forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-seven thousand dollars fifty percent of a circuit judge's salary; and
(c) for those counties with a population of at least one hundred thousand but not more than one hundred forty-nine thousand, nine hundred ninety-nine, less than fifty thousand according to the latest official United States Decennial Census, the base salary is twenty-five thousand dollars forty percent of a circuit court judge's salary;
(d) for those counties with a population of at least fifty thousand but not more than ninety-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is twenty-two thousand dollars;
(e) for those counties with a population of at least thirty-five thousand but not more than forty-nine thousand, nine hundred ninety-nine, according to the latest official United States Decennial Census, the base salary is nineteen thousand dollars; and
(f) for those counties with a population of less than thirty-five thousand, according to the latest official United States Decennial Census, the base salary is seventeen thousand dollars.
(2) The following salary schedule shall be used to determine a magistrates's annual compensation:
(a) upon being appointed a magistrate, a magistrate shall be paid seventy percent of the base salary rate for his county's population category;
(b) upon completing the requirements of Sections 22-1-10(C) and 22-1-12, a magistrate shall be paid eighty percent of the base salary rate for his county's population category;
(c) upon the magistrate's completion of his second year in office, a magistrate shall be paid eighty-five percent of the base salary rate for his county's population category;
(d) upon the magistrate's completion of his third year in office, a magistrate shall be paid ninety percent of the base salary rate for his county's population category;
(e) upon the magistrate's completion of his fourth year in office, a magistrate shall be paid one hundred percent of the base salary rate for his county's population category.
(3) The provisions of this subsection are effective January 1, 1999.
(C) The number of magistrates shall be determined using the following factors:
(2)(1) There is established a ratio of one magistrate for every twenty-eight thousand persons in each county of the State based on the latest official United States Decennial Census.
(3)(2) There is established a ratio of one magistrate for every one hundred fifty square miles of area in each county of the State as a factor to be used in determining the base salary as provided in this section.
(3) Notwithstanding the provisions of subsection (D), the maximum number of magistrates in each county is the greater of that number determined by taking one magistrate for every twenty-eight thousand persons in each county or that number determined by taking the average of the ratio of one magistrate for every twenty-eight thousand persons in each county as provided by item (2) (1) of this section subsection and the ratio of one magistrate for every one hundred fifty square miles of area in each county as provided in item (3) (2) of this section subsection. However, no county is required to have fewer than the equivalent of one full-time magistrate and one part-time magistrate. If a fraction of a magistrate results, the county must round off up the fraction, establishing an additional part-time magistrate. No additional magistrates may be added until a county has less than the ratio.
(D) In addition to the maximum number of magistrates prescribed in subsection (C), additional magistrates shall be appointed as determined using the following formula:
(1) For counties which collect accommodations tax revenues of five hundred thousand to nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, one additional magistrate shall be appointed.
(2) For counties which collect accommodations tax revenues of one million to two million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, two additional magistrates shall be appointed.
(3) For counties which collect accommodations tax revenues of three million to four million, nine hundred ninety-nine thousand, nine hundred ninety-nine dollars, three additional magistrates shall be appointed.
(4) For counties which collect accommodations tax revenues of five million dollars and above, four additional magistrates shall be appointed.
(C)(E) Part-time magistrates are to be computed at a ratio of four part-time magistrates equals one full-time magistrate.
(D)(F) Part-time magistrates are entitled to a proportionate percentage of the salary provided for full-time magistrates. This percentage is computed by dividing by forty the number of hours a week the part-time magistrate spends in the performance of his duties. The number of hours a week that a part-time magistrate spends in the exercise of the judicial function, and scheduled to be spent on call, must be the average number of hours worked and is fixed by Court Administration after consultation with the county governing body and upon the recommendation of the chief magistrate.
(E) A cost of living increase must be paid by the county in the amount provided classified state employees in the annual state general appropriations act of the previous fiscal year. The base salaries provided for in this Part must be adjusted annually based on the percentage amount of the cost of living increase paid to classified state employees in the annual state general appropriations act of the previous fiscal year.
(F)(G) A full-time chief magistrate must be paid a yearly supplement of three thousand dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties. A part-time chief magistrate must be paid a yearly supplement of fifteen hundred dollars and reimbursed for travel expense as provided by law while in the actual performance of his duties.
(G) Magistrates in a county are entitled to the same perquisites as those employees of the county of similar position and salary.
(H) A ministerial magistrate is entitled to the same compensation as a part-time magistrate.
(I) A magistrate who is receiving a salary greater than provided for his position under the provisions of this chapter must not be reduced in salary during his tenure in office. Tenure in office continues at the expiration of a term if the incumbent magistrate is reappointed.
(J) No county The Court Administration may not pay a magistrate a salary lower than the base salary established for that county by the provisions of subsection (B) of this section.
(K) Nothing in this section may be interpreted as prohibiting a county from paying a magistrate more than the base salary established for that county.
(L) The South Carolina Court Administration shall monitor compliance with this section. Nothing contained in this section may be construed as prohibiting a county from paying salaries in excess of the minimum base salaries provided for in this section. From funds distributed to each county pursuant to Section 6-27-40 under the State Aid to Subdivisions Act, an amount equivalent to the amount each county paid its magistrates in salary and benefits in the fiscal year 1997-98 must be deducted annually from its distribution and used by the State Treasurer for the payment of salaries and benefits for the magistrates. The Court Administration and the South Carolina Association of Counties jointly must provide the State Treasurer with the total amount each county paid for its magistrates' salaries and benefits in fiscal year 1997-98 by September 1, 1998. The county's deduction amount from its aid to subdivision funds used for the purpose of partially funding magistrates' salaries and benefits shall not exceed the amount paid out in fiscal year 1997-98."
SECTION 12. The 1976 Code is amended by adding:
"Section 8-11-47. A magistrate who is in a state unclassified full-time equivalent position and paid by the State through the South Carolina Court Administration as provided by Section 22-8-40 and who served as a magistrate before July 1, 1998, must be permitted to transfer to and retain at the Court Administration all sick leave formerly accumulated."
SECTION 13. Section 8-11-640 of the 1976 Code is amended by adding a new paragraph at the end to read:
"A magistrate who is in a state unclassified full-time equivalent position and paid by the State through the South Carolina Court Administration as provided by Section 22-8-40 and who served as a magistrate before July 1, 1998, must be given full state service credit for prior continuous service as a magistrate of this State for purposes of computing bonus earnings and his annual leave balance must be transferred to the Court Administration."
SECTION 14. Section 8-21-1010 of the 1976 Code, as last amended by Act 678 of 1988, is further amended to read:
"Section 8-21-1010. (A) Except as otherwise expressly provided, the following fees and costs must be collected by the magistrates and deposited in the general fund of the county:
(1) for taking civil recognizance, with or without sureties, five dollars;
(2) for granting an order for civil special bail, with or without sureties, five dollars;
(3) for receiving and filing bond in claim and delivery, attachment, five dollars; if justification of sureties required, an additional five dollars;
(4) for administering and certifying oaths or documents in writing, two dollars;
(5) for issuing any prerogative writ, five dollars;
(6) in all civil actions, for issuing a summons and a copy for defendant, and for giving judgment with or without a hearing, twenty-five fifty dollars, provided that for civil actions where the amount in controversy or the amount of damages does not exceed one thousand dollars, the fee is twenty-five dollars;
(7) for issuing execution and renewal thereof, ten dollars;
(8) for making up, certifying, and forwarding a transcript of record and judgment in a case for purpose of appeal, ten dollars;
(9) for proceedings by a landlord or lessor against a tenant or lessee, including notices to quit, eviction orders, or recovery of rents, ten forty dollars;
(10) for proceedings on a coroner's inquest, as prescribed by law, ten dollars, if inquest is demanded by a party other than the State or county or authorized officer of either;
(11) for proceeding on estrays, including judgment for possession, sale, or damages, ten dollars;
(12) for qualifying appraisers to set off homestead or qualifying sureties on a bond posted in a case, including bail bonds, five dollars;
(13) for each tax execution collected, five dollars;
(14) for filing or issuing any other paper not provided for in this section, five dollars.
(B) One-half of the fifty dollar fee collected in item (6) must be forwarded to the State Treasurer and deposited in the general fund of the State to be used to fund the salaries and benefits of the magistrates. If the fee collected in item (6) is twenty-five dollars, the entire fee must be deposited in the general fund of the county.
(C) One-half of the forty dollar fee collected in item (9) must be forwarded to the State Treasurer and deposited in the general fund of the State to be used to fund the salaries and benefits of the magistrates.
(D) No Fees or costs may not be assessed against a party for summoning jurors or expense of jury service in a criminal case in which a trial by jury is had."
SECTION 15. Section 34-11-90(d) of the 1976 Code is amended to read:
"(d)(1) After a conviction or plea for drawing and uttering a fraudulent check or other instrument in violation of Section 34-11-60 and the defendant is charged or fined, he shall pay in addition to the fine all reasonable court costs accruing, not to exceed twenty forty dollars, and the service charge provided in Section 34-11-70.
(2) One-half of the costs collected in (D)(1) must be forwarded to the State Treasurer and deposited in the general fund of the State to be used to fund the salaries and benefits of the magistrates."
SECTION 16. The Supreme Court is requested to hold a public hearing and make a report to the respective Chairmen of the Senate and House of Representatives' Judiciary Committees by March 15, 1999, with recommendations for additional changes in the magistrates courts system.
SECTION 17. This act takes effect July 1, 1998, except as otherwise provided in the act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. YOUNG explained the amendment.
The amendment was then adopted.
Rep. YOUNG moved to commit the Bill to the Committee on Ways and Means, which was agreed to.
Rep. SCOTT moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4907 (Word version) -- Reps. Knotts, Koon, Riser, Gamble, Spearman, Stuart, Bauer, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, 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, Felder, Fleming, 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, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stoddard, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO EXPRESS THE THANKS AND APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO LIEUTENANT ROBERT DRUE "BOBBY" SHARPE, CORPORAL DANNY RUSSELL FRAZIER, CORPORAL DAVID EARL McCASKIL, AND OFFICER BRYAN KEITH PREVETTE, MEMBERS OF THE WEST COLUMBIA POLICE DEPARTMENT'S RESERVE POLICE OFFICER PROGRAM, FOR THEIR EXEMPLARY VOLUNTEER SERVICES TO THE CITIZENS AND POLICE DEPARTMENT OF THE CITY OF WEST COLUMBIA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4908 (Word version) -- Reps. Howard, Seithel, Cobb-Hunter, Meacham, Gamble, Miller, Allison, Lee, Martin, Spearman, Moody-Lawrence, Byrd, Mullen and Young-Brickell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1977 SO AS TO PROVIDE THAT CERTAIN PREGNANT WOMEN AND WOMEN WHO RECENTLY HAVE DELIVERED A BABY MAY PARK IN A HANDICAPPED PARKING PLACE.
Referred to Committee on Education and Public Works.
H. 4909 (Word version) -- Reps. Baxley, Altman, Cobb-Hunter, Sheheen, Cooper, Inabinett, Clyburn, Hawkins, Moody-Lawrence, Wilkes, McGee, McKay, Whipper, Mack, Simrill, Davenport, Jennings, Neilson, J. Hines, Kelley, Lloyd, Cave, R. Smith, Stille, J. Smith, Harvin, Phillips, M. Hines, Rhoad, Maddox, McLeod, Breeland, Miller, Battle, T. Brown, Bowers, Kinon, Young and Cromer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-285 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS, TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
Referred to Committee on Labor, Commerce and Industry.
Rep. YOUNG-BRICKELL moved that the House do now adjourn, which was adopted.
At 11:45 A.M. the House in accordance with the motion of Rep. HASKINS adjourned in memory of Robert Earl Pratt of Greenville, to meet at 10:00 A.M. tomorrow.
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