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:
Almighty and gracious God Who feeds the birds and clothes the flowers and Who cares for each of us as though we were His only child, guard us against distrust and anxiety. Keep busy our minds with things that matter most and with things that are honorable and uplifting. Cause us to see our tasks as a sacred trust. Preserve the health of our bodies and the vigor of our minds, and use us always for the accomplishment of Your plans and purposes. Yours is the power and the glory now and always. 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. BARFIELD moved that when the House adjourns, it adjourn in memory of William A. "Red" White, which was agreed to.
On motion of Rep. FLEMING, with unanimous consent, the following was taken up for immediate consideration and accepted:
April 19, 2000
The Honorable Ron Fleming
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Rep. Fleming:
On behalf of the South Carolina Speech-Language-Hearing Association the Members of the House of Representatives are invited to a free hearing screening and speech-language consultation on Wednesday, May 3, 2000, for Speech Language and Hearing Day at the State House. This event will be held in the Blatt Building.
Sincerely,
Jane B. Senn
President, SCSHA
The following was received and referred to the appropriate committee for consideration:
Document No. 2514
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-149-130 and 59-104-20
LIFE and Palmetto Fellows Scholarship Appeals
Received by Speaker of the House of Representatives
April 26, 2000
Referred to Education and Public Works Committee
Legislative Review Expiration August 24, 2000 (Subject to Sine Die Revision)
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE FLAG SHALL BE REMOVED FROM ATOP THE STATE HOUSE, FROM THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT THE FIRST NATIONAL FLAG OF THE CONFEDERACY (STARS AND BARS) SHALL BE DISPLAYED AT THE WOMEN'S MONUMENT TO THE CONFEDERACY ON THE STATE HOUSE GROUNDS, AND TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1353 (Word version) -- Senator Setzler: A CONCURRENT RESOLUTION CONGRATULATING THE TWENTY-FIVE SOUTH CAROLINA TECHNICAL COLLEGE STUDENTS NAMED TO SOUTH CAROLINA'S 2000 ALL-STATE ACADEMIC TEAM IN THE ALL-USA ACADEMIC TEAM COMPETITION FOR TECHNICAL COLLEGES, COMMUNITY COLLEGES, AND JUNIOR COLLEGES SPONSORED BY PHI THETA KAPPA, THE AMERICAN ASSOCIATION OF COMMUNITY COLLEGES, AND USA TODAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1356 (Word version) -- Senator Anderson: A CONCURRENT RESOLUTION TO CONGRATULATE BISHOP DR. A. J. BIXBY, JR. ON TWENTY YEARS OF DEDICATED AND DEVOTED SERVICE TO THE PEOPLE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1357 (Word version) -- Senators Land, Drummond, Holland, Saleeby, J. V. Smith, Setzler, Leatherman, Leventis, McConnell, Moore, Peeler, Bryan, Courson, Giese, Matthews, Thomas, Wilson, Patterson, Russell, McGill, O'Dell, Passailaigue, Washington, Reese, Hayes, Courtney, Elliott, Ford, Glover, Gregory, Jackson, Martin, Mescher, Rankin, Ryberg, Short, Waldrep, Alexander, Fair, Hutto, Anderson, Ravenel, Branton, Grooms, Bauer and Richardson: A CONCURRENT RESOLUTION TO JOIN GOVERNOR JIM HODGES IN RECOGNIZING APRIL 24-28, 2000, AS "MINOR LEAGUE BASEBALL WEEK" IN SOUTH CAROLINA AND TO RECOGNIZE THE CONTRIBUTION THAT MINOR LEAGUE BASEBALL MAKES TO COMMUNITIES AROUND THE NATION AND SOUTH CAROLINA.
Whereas, minor league baseball brings the spirit and enjoyment of America's greatest game to local communities;
Whereas, South Carolina has a rich tradition of excellence in minor league baseball; and
Whereas, the people of the Palmetto State enjoy watching local teams whose players are excellent role models for children because they encourage participation in athletics and teach the value of community service; and
Whereas, South Carolina is proud to have watched many great athletes, including future Hall of Famers, begin their career in South Carolina; and
Whereas, the 2000 minor league season promises to excite and entertain as teams and players compete for major league recognition; and
Whereas, five major league teams in the State, including the Charleston Riverdogs, the Charlotte Knights, the Capital City Bombers, the Greenville Braves, and the Myrtle Beach Pelicans, give South Carolinians great opportunities to watch America's favorite pastime. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, joins Governor Jim Hodges in recognizing April 24-28, 2000, as "Minor League Baseball Week" throughout the State and encourages all South Carolinians to enjoy the nation's favorite pastime throughout the season.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4976 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND GEORGE E. CALLAWAY FOR HIS OUTSTANDING LEADERSHIP AND MANY YEARS OF INVALUABLE PUBLIC SERVICE AS A MEMBER OF THE SOUTH CAROLINA FORESTRY COMMISSION, AND TO WISH HIM AND HIS FAMILY MANY YEARS OF HEALTH AND HAPPINESS ON THE OCCASION OF HIS RETIREMENT FROM THE SOUTH CAROLINA FORESTRY COMMISSION.
The Resolution was adopted.
The following was introduced:
H. 4977 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO COMMEND ANDY OSWALD, JOHN HAMILTON, AND MARK PATTERSON OF AIKEN FOR THEIR HEROIC ASSISTANCE WITHOUT REGARD TO THEIR PERSONAL SAFETY IN APPREHENDING A BURGLAR WHO HAD ROBBED AND ASSAULTED THEIR NEIGHBOR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4978 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING THE HONORABLE BILLY HILTON OF CLARENDON COUNTY FOR HIS EXCELLENT PUBLIC SERVICE AS A MEMBER OF THE SUMMERTON TOWN COUNCIL.
The Resolution was adopted.
The following was introduced:
H. 4979 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION RECOGNIZING AND COMMENDING THE HONORABLE GILL FRIERSON OF CLARENDON COUNTY FOR HIS DEVOTED, OUTSTANDING SERVICE AS A MEMBER OF THE SUMMERTON TOWN COUNCIL.
The Resolution was adopted.
On motion of Rep. KLAUBER, with unanimous consent, the following was taken up for immediate consideration:
H. 4980 (Word version) -- Rep. Klauber: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE GREENWOOD HIGH SCHOOL "EAGLES" FOOTBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS WEDNESDAY, MAY 3, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON CAPTURING THE CLASS AAAA STATE FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the Greenwood High School "Eagles" Football Team, coaches, and other school officials on Wednesday, May 3, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on capturing the Class AAAA State Football Championship.
The Resolution was adopted.
The following was introduced:
H. 4981 (Word version) -- Reps. M. McLeod, Woodrum and Harvin: A HOUSE RESOLUTION SALUTING THE PLAYERS AND COACHES OF WILSON HALL OF SUMTER COUNTY ON CAPTURING THE 1999-2000 SCISAA 3A BOYS STATE BASKETBALL CROWN.
The Resolution was adopted.
The following was introduced:
H. 4982 (Word version) -- Reps. J. Brown, Breeland, Clyburn, M. Hines and Pinckney: A CONCURRENT RESOLUTION TO HONOR AND COMMEND THE GRADUATES OF THE ALLEN UNIVERSITY CLASS OF 1950 WHO NOW CELEBRATE THE GOLDEN ANNIVERSARY OF THEIR GRADUATION AND TO CONGRATULATE THEM ON THE MANY SUCCESSES AND ACHIEVEMENTS WHICH HAVE COME TO THEM IN THEIR LIVES AS A RESULT OF THE EXCELLENT EDUCATION RECEIVED AT ALLEN UNIVERSITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4983 (Word version) -- Reps. Howard and Rutherford: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE W. J. KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM OF RICHLAND COUNTY AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON THE OCCASION OF WINNING THE 1999-2000 CLASS AAA STATE BASKETBALL CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. HOWARD, with unanimous consent, the following was taken up for immediate consideration:
H. 4984 (Word version) -- Reps. Howard and Rutherford: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE W. J. KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM, COACHES, SUPPORT PERSONNEL, AND SCHOOL OFFICIALS ON THURSDAY, APRIL 27, 2000, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON WINNING THE 1999-2000 CLASS AAA STATE BOYS BASKETBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the W. J. Keenan High School "Raiders" Boys Basketball Team, coaches, support personnel, and school officials on Thursday, April 27, 2000, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on winning the 1999-2000 Class AAA State Boys Basketball Championship.
The Resolution was adopted.
The following was introduced:
H. 4985 (Word version) -- Rep. Cobb-Hunter: A HOUSE RESOLUTION JOINING THE FRIENDS AND FAMILY OF THE REVEREND RENA G. THOMPSON, A NATIVE OF COLUMBIA AND RESIDENT OF PHILADELPHIA, IN THE CELEBRATION OF THE FIFTIETH ANNIVERSARY OF HER ORDINATION INTO THE MINISTRY AND HER FIFTY YEARS OF SERVICE IN AND THROUGH JESUS CHRIST.
The Resolution was adopted.
The following was introduced:
H. 4986 (Word version) -- Reps. Scott, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING NEW EBENEZER BAPTIST CHURCH OF RICHLAND COUNTY UPON THE CELEBRATION OF ITS NINETIETH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4987 (Word version) -- Reps. Whatley, Breeland, Dantzler and Mack: A HOUSE RESOLUTION CONGRATULATING STALL HIGH SCHOOL AFJROTC ON WINNING THIRD PLACE IN THE ADOPT-A-HIGHWAY CATEGORY IN THE CITY OF NORTH CHARLESTON'S "CLEAN CITIES SWEEP" AS A PART OF THE "2000 GREAT AMERICAN CLEANUP CONTEST".
The Resolution was adopted.
The following was introduced:
H. 4988 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING EQUILON LUBRICANTS OF NORTH CHARLESTON ON WINNING FIRST PLACE IN THE BUSINESS CATEGORY IN THE CITY OF NORTH CHARLESTON'S "CLEAN CITIES SWEEP" AS A PART OF THE "2000 GREAT AMERICAN CLEANUP CONTEST".
The Resolution was adopted.
The following was introduced:
H. 4989 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING THE EMBASSY SUITES CHARLESTON CONVENTION CENTER OF NORTH CHARLESTON ON WINNING SECOND PLACE IN THE BUSINESS CATEGORY IN THE CITY OF NORTH CHARLESTON'S "CLEAN CITIES SWEEP" AS A PART OF THE "2000 GREAT AMERICAN CLEANUP CONTEST".
The Resolution was adopted.
The following was introduced:
H. 4990 (Word version) -- Reps. Whatley, Whipper, Mack, Dantzler and Breeland: A HOUSE RESOLUTION CONGRATULATING FAIRWINDS APARTMENTS OF NORTH CHARLESTON ON WINNING THIRD PLACE IN THE BUSINESS CATEGORY IN THE CITY OF NORTH CHARLESTON'S "CLEAN CITIES SWEEP" AS A PART OF THE "2000 GREAT AMERICAN CLEANUP CONTEST".
The Resolution was adopted.
On motion of Rep. HOSEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4991 (Word version) -- Rep. Hosey: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE VIETNAM VETERANS OF AMERICA SALKEHATCHIE CHAPTER NO. 828, FOR THE PURPOSE OF BEING RECOGNIZED FOR SPONSORING THE "MOVING WALL", THE HALF SCALE REPLICA OF THE VIETNAM VETERANS MEMORIAL IN WASHINGTON, D.C., AND TO JOIN WITH THEM IN CELEBRATING THIS MEMORIAL.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Vietnam Veterans of America Salkehatchie Chapter No. 828, on Thursday, April 27, 2000, at a time to be determined by the Speaker, for the purpose of being recognized for sponsoring the "Moving Wall", the half scale replica of the Vietnam Veterans Memorial in Washington, D.C., and to join with them in celebrating this memorial.
The Resolution was adopted.
The following was introduced:
H. 4992 (Word version) -- Rep. Hosey: A HOUSE RESOLUTION TO CONGRATULATE THE VIETNAM VETERANS OF AMERICA SALKEHATCHIE CHAPTER NO. 828 FOR SPONSORING THE "MOVING WALL", THE HALF SCALE REPLICA OF THE VIETNAM VETERANS MEMORIAL IN WASHINGTON, D.C. AND TO JOIN THEM IN CELEBRATING THIS MEMORIAL.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
S. 57 (Word version) -- Senator Alexander: A BILL TO AMEND SECTION 14-25-115, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL MINISTERIAL RECORDERS AND THEIR POWERS AND DUTIES, SO AS TO AUTHORIZE THESE MINISTERIAL RECORDERS TO SET AND ACCEPT BONDS AND RECOGNIZANCES.
Referred to Committee on Judiciary
S. 265 (Word version) -- Senators Russell and Wilson: A BILL TO AMEND SECTION 60-13-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INSTITUTE SHALL APPOINT, RATHER THAN SERVE AS, THE STATE ARCHEOLOGIST AND SHALL APPOINT A STATE UNDERWATER ARCHEOLOGIST AND TO FURTHER PROVIDE FOR THE DUTIES OF EACH.
Referred to Committee on Ways and Means
S. 820 (Word version) -- Senators Holland, McConnell and Giese: A BILL TO AMEND SECTION 16-3-1700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF "HARASSMENT", SO AS TO INCLUDE WRITTEN OR ELECTRONIC COMMUNICATION; TO AMEND SECTION 16-3-1720, AS AMENDED, RELATING TO PENALTIES UPON CONVICTION FOR STALKING, SO AS TO INCREASE THE LENGTH OF MANDATORY IMPRISONMENT; TO AMEND SECTION 16-3-1750, RELATING TO AN ACTION SEEKING A RESTRAINING ORDER AGAINST A PERSON ENGAGED IN HARASSMENT OR STALKING, SO AS TO REQUIRE THAT WHEN A RESTRAINING ORDER IS ISSUED AS A CONDITION OF BOND, A COPY OF THE RESTRAINING ORDER MUST BE SENT BY THE COURT TO THE VICTIM, AND TO FURTHER PROVIDE FOR THE EXPANSION OF JURISDICTION AND VENUE, SO AS TO GRANT JURISDICTION TO MUNICIPAL COURTS; AND TO FURTHER REQUIRE THAT MUNICIPAL COURTS PROVIDE FORMS TO FACILITATE THE PREPARATION AND FILING OF A COMPLAINT AND MOTION FOR A RESTRAINING ORDER BY A PLAINTIFF NOT REPRESENTED BY COUNSEL; TO AMEND SECTION 16-3-1790, AS AMENDED, RELATING TO SERVICE OF CERTIFIED COPIES OF RESTRAINING ORDERS, SO AS TO ALLOW SERVICE TO BE MADE BY MAIL RETURN RECEIPT TO DEFENDANT'S LAST KNOWN ADDRESS; AND TO AMEND SECTION 16-3-1840, RELATING TO A MENTAL HEALTH EVALUATION AS A CONDITION OF BAIL, SO AS TO REQUIRE THAT THE EVALUATION BE MADE BEFORE BAIL IS SET; AND TO FURTHER REQUIRE THAT THE EVALUATION BE SCHEDULED WITHIN TEN DAYS OF THE ORDER'S ISSUANCE, THAT THE REPORT BE ISSUED WITHIN FORTY-EIGHT HOURS OF EVALUATION, AND THAT THE SOLICITOR ARRANGE FOR A BOND HEARING UPON RECEIPT OF THE REPORT BEFORE A CIRCUIT COURT JUDGE.
Referred to Committee on Judiciary
S. 891 (Word version) -- Senators Holland, Cork and Martin: A BILL TO AMEND SECTION 20-7-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES' AUTHORITY TO INVESTIGATE ABUSE AND NEGLECT IN RESIDENTIAL INSTITUTIONS AND FOSTER HOMES, SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES, INSTEAD OF THE OMBUDSMAN OF THE OFFICE OF THE GOVERNOR, SHALL INVESTIGATE AN ALLEGATION OF ABUSE OR NEGLECT OF A CHILD WHERE THE CHILD IS IN THE CUSTODY OF OR A RESIDENT OF A PUBLIC OR PRIVATE HEALTH FACILITY, INSTITUTION, OR AGENCY LICENSED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL OR OPERATED BY THE DEPARTMENT OF MENTAL HEALTH.
Referred to Committee on Judiciary
S. 1116 (Word version) -- Senators Grooms, Hayes, Mescher, Ryberg, Giese, Branton and Fair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE XI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PUBLIC EDUCATION, BY ADDING SECTION 5 SO AS TO REQUIRE THAT THE PUBLIC SCHOOLS OF THIS STATE MUST BEGIN EACH SCHOOL DAY WITH A MOMENT OF SILENCE OF NOT LESS THAN ONE MINUTE NOR MORE THAN THREE MINUTES IN DURATION.
Referred to Committee on Judiciary
S. 1210 (Word version) -- Senator Short: A BILL TO AMEND CHAPTER 6, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX, BY ADDING SECTION 12-6-3365 SO AS TO PROVIDE FOR A MORATORIUM ON STATE CORPORATE INCOME TAXES FOR A TAXPAYER WHO CREATES AND MAINTAINS FULL-TIME NEW JOBS IN A COUNTY QUALIFYING BY REASON OF HIGH UNEMPLOYMENT OR LOW PER CAPITA INCOME, TO ESTABLISH CRITERIA FOR THE NUMBER AND TYPE OF FULL-TIME NEW JOBS REQUIRED AND FOR THE DETERMINATION OF QUALIFYING COUNTIES, AND TO PROVIDE FOR THE LENGTH OF THE MORATORIUM; AND TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO JOB TAX CREDIT, SO AS TO PROVIDE THAT TAX CREDITS MAY BE CLAIMED, OR UNUSED TAX CREDITS CARRIED FORWARD, AFTER EXPIRATION OF THE MORATORIUM PERIOD; AND TO PROVIDE THAT A TAXPAYER MAY QUALIFY FOR THE MORATORIUM BEGINNING IN TAX YEARS AFTER 1997, WITH THE REPEAL OF THESE PROVISIONS ON JULY 1, 2005, NOT AFFECTING A MORATORIUM THEN IN EFFECT.
Rep. DELLENEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. MOODY-LAWRENCE objected.
Referred to Committee on Ways and Means
S. 1332 (Word version) -- Senators Ryberg and Wilson: A BILL TO AMEND SECTION 59-111-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION NOT REQUIRED FROM CHILDREN OF FIREMEN, LAW ENFORCEMENT OFFICERS, AND CERTAIN OTHER PUBLIC EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY, SO AS TO EXTEND THIS PROVISION TO CHILDREN OF STATE EMPLOYEES TOTALLY DISABLED OR KILLED IN THE LINE OF DUTY ON OR AFTER JULY 1, 1996; AND BY ADDING SECTION 59-111-145 TO DEFINE "STATE EMPLOYEE" FOR PURPOSES OF SECTION 59-111-110 AS A PERSON WHO IS REQUIRED TO PARTICIPATE IN THE STATE RETIREMENT SYSTEM.
On motion of Rep. PERRY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1347 (Word version) -- Senator Leventis: A BILL TO AMEND SECTION 56-5-5630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SHERIFF OR CHIEF OF POLICE PROVIDING NOTICE TO OWNERS AND LIENHOLDERS OF ABANDONED MOTOR VEHICLES THAT HAVE BEEN TAKEN INTO CUSTODY, PENALTIES IMPOSED UPON A LIENHOLDER, HIS AGENT, OR SERVANT WHO ABANDONS A MOTOR VEHICLE, AND THE NONIMPOSITION OF PENALTIES AGAINST THE OWNER OF A STOLEN MOTOR VEHICLE WHICH HAS BEEN ABANDONED, SO AS TO PROVIDE THAT A TOW COMPANY THAT HAS TAKEN CUSTODY OF A MOTOR VEHICLE IS AUTHORIZED TO PROVIDE THE REQUIRED NOTICE CONTAINED IN THIS PROVISION; AND TO AMEND SECTION 56-5-5640, RELATING TO THE SALE OF UNCLAIMED VEHICLES, SO AS TO PROVIDE THAT THE PERSONS WHO INCURRED CERTAIN EXPENSES RELATING TO THE SALE OF AN UNCLAIMED VEHICLE SHALL BE REIMBURSED FROM THE PROCEEDS OF THE SALE OF THE VEHICLE.
Referred to Committee on Judiciary
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, H. Brown, J. Brown, T. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lucas Mack Maddox Martin McCraw McGee McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Ott Parks Perry Phillips Rice Riser Robinson Rodgers Sandifer Scott Sharpe Sheheen Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, April 26.
Gary Simrill Gilda Cobb-Hunter Joel Lourie Thomas Rhoad E.B. "Mac" McLeod Clementa Pinckney Joseph Neal Todd Rutherford Denny Neilson Leon Howard Chuck Allen Grady Brown Steve Lanford Fletcher Smith Timothy Wilkes Anthony Harris Lynn Seithel Richard Quinn
SPECIAL PRESENTATION
Reps. ALLISON and VAUGHN presented to the House, Danielle Davis, the current "Miss South Carolina", and the contestants competing for the 2000 Miss South Carolina.
Rep. BARFIELD and the Horry Delegation presented to the House, Miss Lisa Rabon of Horry County, the South Carolina representative in the Miss USA 2000 Pageant.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
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 the 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. 4752 (Word version)
Date: ADD:
04/26/00 MILLER
Bill Number: H. 4921 (Word version)
Date: ADD:
04/26/00 W. MCLEOD
Bill Number: H. 4003 (Word version)
Date: ADD:
04/26/00 ROBINSON
Bill Number: H. 4752 (Word version)
Date: ADD:
04/26/00 ROBINSON
Bill Number: H. 4769 (Word version)
Date: REMOVE:
04/26/00 WHATLEY
The following Bill and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:
H. 4970 (Word version) -- Reps. Battle and M. Hines: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION, SO AS TO AUTHORIZE THE BOARD TO ACQUIRE SCHOOL BUILDINGS AND OTHER FACILITIES RELATING TO SCHOOL DISTRICT OPERATIONS, AND TO ALLOW THIS ACQUISITION BY MEANS OF A LEASE PURCHASE AGREEMENT.
H. 4926 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO RETAIL FOOD ESTABLISHMENT INSPECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2458, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4972 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 856 OF 1964, AS AMENDED, RELATING TO THE WHITNEY AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT OF FUNDS WHICH MAY BE BORROWED BY THE DISTRICT BOARD FROM ONE HUNDRED TO FIVE HUNDRED THOUSAND DOLLARS.
The following Bill was taken up:
H. 4861 (Word version) -- Rep. Sheheen: A BILL TO AMEND SECTION 6-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZING GOVERNMENTAL ENTITIES TO ENTER INTO CONTRACTS WITH OTHER GOVERNMENTAL ENTITIES FOR THE COLLECTION, DISPOSAL, AND TREATMENT OF SEWAGE, AND TO AMEND SECTION 44-55-1410, RELATING TO AUTHORIZING COUNTIES TO OPERATE WATER AND SEWER FACILITIES, IN BOTH, SO AS TO PROVIDE THAT A CONTRACT SHALL NOT CONTAIN A PROVISION PROVIDING THAT MORE THAN TEN PERCENT OF THE SEWAGE TREATED BY THE SEWER FACILITIES MAY BE GENERATED FROM OUTSIDE THE BOUNDARIES OF THE STATE.
Rep. KIRSH moved to adjourn debate on the Bill until Wednesday, May 3.
Rep. SHARPE moved to table the motion, which was agreed to by a division vote of 23 to 19.
Reps. KIRSH, FLEMING, SIMRILL, MOODY-LAWRENCE, PERRY, MEACHAM-RICHARDSON, YOUNG-BRICKELL, CHELLIS, GOURDINE, HAYES, BALES, EMORY and J. M. NEAL requested debate on the Bill.
The SPEAKER granted Rep. INABINETT a leave of absence for the remainder of the day.
The SPEAKER granted Rep. T. BROWN a temporary leave of absence.
The following Bill was taken up:
H. 4781 (Word version) -- Rep. W. McLeod: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING, AND REGULATION; TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES FROM ONE TO FOUR LEVELS, OR "CLASSES", AND TO ORGANIZE SUCH LICENSES INTO THREE WELL CONSTRUCTION CATEGORIES: ROCK, COASTAL, AND ENVIRONMENTAL WELLS; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE THE REQUIREMENT FOR A PERCOLATION TEST TECHNICIAN LICENSEE; TO PROVIDE FOR ISSUANCE OF ADMINISTRATIVE CITATIONS FOR BOTH UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN SPECIFIED CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES INCLUDES PRELICENSURE MISCONDUCT AND ACTIONS DURING LICENSURE BUT PROSECUTED AFTER A LICENSE BECOMES INACTIVE; TO CLARIFY THE PRIVILEGES AND IMMUNITIES OF WITNESSES, INVESTIGATORS, THE BOARD, AND OTHERS INVOLVED IN DISCIPLINARY ACTIONS; TO PROVIDE FOR CONFIDENTIALITY OF INVESTIGATIONS AND COMPLAINANT INFORMATION; TO MODIFY THE EXISTING RECIPROCITY POWERS OF THE BOARD TO PERMIT CASE BY CASE ASSESSMENT OF INDIVIDUAL APPLICANTS SEEKING LICENSURE BASED ON LICENSURE IN FOREIGN JURISDICTIONS; TO EXPRESSLY REQUIRE LIBERAL INTERPRETATION OF THE PRACTICE ACT IN FAVOR OF ENVIRONMENTAL PROTECTION; TO ADD CLARIFYING DEFINITIONS; AND TO MODIFY THE CURRENT DEFINITION OF WELL TO INCLUDE ANY EXCAVATION MADE FOR THE PURPOSE OF ENVIRONMENTAL OR GEOLOGIC INVESTIGATION THAT IS REASONABLY LIKELY TO PENETRATE THE WATER TABLE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12006AC00), which was adopted:
Amend the bill, as and if amended, beginning on page 10, line 39, by deleting Section 40-23-10(B) and inserting:
/ (B) The Water Environment Association of South Carolina may recommend two licensed public wastewater treatment operators, one of whom must be certified in biological specialty and one of whom must be certified in the physical/chemical specialty; the South Carolina Section of the American Water Works Association may recommend one licensed public water treatment operator; the South Carolina Ground Water Association may recommend a licensed well driller; and the South Carolina Rural Water Association may recommend one licensed public water distribution system operator. Any individual, group, or association may nominate qualified individuals to the Governor for his consideration. /
Amend further, beginning on page 21, line 31, by deleting Section 40-23-190, in its entirety and inserting:
/ Section 40-23-190. Except as otherwise provided by law, all initial complaints, investigations, proceedings, records, and information relating to allegations of misconduct or incapacity are confidential and must not be disclosed to the public. A record published, released, or made public must not disclose the initial complainant's name or identity except by order of the board made with due consideration of the complainant's privacy. While the matter remains confidential, the members and staff of the department and the board must not reveal, in any way, the nature of the initial complaint except to persons directly involved in the matter and then only to the extent necessary for proper investigation and disposition of the matter.
(B) When a formal complaint is filed regarding an allegation of misconduct, the formal complaint and any answer become open to the public after the filing of the answer or if no answer is filed, thirty days after the service of the charges upon the licensee. Thereafter, except as otherwise provided by this chapter, all subsequent records and proceedings relating to the misconduct allegation must be open to the public. If an allegation of incapacity is raised during the misconduct proceedings, all records, information, and proceedings relating to the allegation must be confidential.
(C) However, the department or the board may disclose information to another government agency, including law enforcement officials, at any stage of the proceedings in order to protect the public or for the administration of justice.
(D) Each communication, oral or written, made by or on behalf of a complainant or by a person in the course of an investigation or hearing pursuant to this chapter, to or by the department, the board, or their agent is privileged. An action or proceeding, civil or criminal, may not be brought against the person, by or on whose behalf the communication is made, except upon other proof that the communication was made with malice.
(E) Nothing in this chapter may be construed to prohibit the licensee respondent or the respondent's legal counsel from exercising the respondent's constitutional right of due process as provided by law or to prohibit the respondent from normal access to the charges made and evidence filed against the respondent as part of due process as provided by law. /
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT explained the Bill.
Rep. HAYES requested debate on the Bill.
Rep. DAVENPORT continued speaking.
Reps. LITTLEJOHN, BALES, HOWARD and MOODY-LAWRENCE requested debate on the Bill.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, April 27, which was adopted:
H. 4685 (Word version) -- Rep. W. McLeod: A BILL TO AMEND SECTION 40-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO REVISE THE DEFINITION OF "OPERATOR" AND TO ADD DEFINITIONS RELATIVE TO PUBLIC WATER SYSTEMS; TO AMEND SECTION 40-23-80, AS AMENDED, RELATING TO APPLICATIONS, RENEWAL, AND FEES FOR VARIOUS WATER SYSTEM TECHNICIANS AND OPERATORS, SO AS TO REQUIRE WELL DRILLER APPLICANTS TO POST A SURETY BOND; BY ADDING SECTION 40-23-230 SO AS TO PROVIDE PROCEDURES FOR LICENSE ISSUANCE AND RENEWAL AND PROVISIONS FOR ISSUING CERTAIN CURRENT LICENSEES A LICENSE UNDER REVISIONS TO THIS CHAPTER; BY ADDING SECTION 40-23-280 SO AS TO PROVIDE REQUIREMENTS FOR SURETY BONDS; AND BY ADDING SECTIONS 40-23-300, 40-23-305 AND 40-23-310 SO AS TO ESTABLISH CERTIFICATION CLASSIFICATIONS AND LICENSING REQUIREMENTS FOR PUBLIC WATER TREATMENT FACILITY OPERATORS AND PUBLIC WATER DISTRIBUTION SYSTEM FACILITY OPERATORS, AND TO REQUIRE LICENSURE CLASSIFICATION BASED ON THE TREATMENT PLANT WHERE THE PERSON IS EMPLOYED, ALL OF THE ABOVE PROVISIONS NECESSARY TO CONFORM TO FEDERAL MANDATES FOR LICENSING WATER DISTRIBUTION OPERATORS.
The following Bill was taken up:
S. 1130 (Word version) -- Senator Leventis: A BILL TO AMEND ARTICLE 1, CHAPTER 3 OF TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION BY COUNTIES OF DOGS AND OTHER DOMESTIC PETS, SO AS TO, AMONG OTHER THINGS, MAKE THE ARTICLE SPECIFICALLY APPLICABLE TO CATS, PROVIDE FOR IMPOUNDING AND ADOPTION OF ANIMALS, INCREASE THE MAXIMUM PENALTY FOR VIOLATING SECTION 47-3-50, PROVIDE FOR THE PROMULGATION OF CERTAIN REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PROVIDE THAT WHENEVER AN ANIMAL SHELTER ACCEPTS OR COMES INTO POSSESSION OF A DOG OR CAT, THE SHELTER IMMEDIATELY AND THOROUGHLY MUST SCAN THE ANIMAL FOR ANY IMPLANTED MICROCHIP, OR SIMILAR DEVICE, WHICH PROVIDES EVIDENCE OF OWNERSHIP AND, UPON FINDING THIS DEVICE, IMMEDIATELY MAKE A GOOD FAITH EFFORT TO CONTACT THE IDENTIFIED OWNER, AND PROVIDE FOR RELATED MATTERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 47, RELATING TO ANIMAL EUTHANASIA, SO AS TO AMONG OTHER THINGS, REVISE THE PROVISIONS OF LAW REGARDING THE ALLOWABLE METHODS OF EUTHANASIA AND AUTHORIZE A CERTIFIED EMPLOYEE OF THE DEPARTMENT OF NATURAL RESOURCES TO ADMINISTER EUTHANASIA, INCREASE THE MAXIMUM PENALTIES FOR VIOLATIONS OF THIS ARTICLE, AND AUTHORIZE THE ATTORNEY GENERAL TO BRING AN ACTION TO ENJOIN A VIOLATION OF THIS ARTICLE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5173DJC00):
Amend the bill, as and if amended, Section 47-3-30, in SECTION 1, beginning on page 2, line 40, through page 3, line 5, by striking Section 47-3-30 in its entirety and inserting:
/ "Section 47-3-30. The governing body of the county or municipality is authorized to establish an animal shelter for the county or municipality for the purpose of impounding and quarantining dogs and quarantining cats and shall employ such personnel, including enforcement personnel, as may be necessary to administer the provisions of this article. If an animal shelter is established, funds to establish and operate the shelter and employ necessary personnel shall may be provided in the annual county or municipal appropriations. " /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RHOAD explained the amendment.
Reps. FLEMING, CATO, TROTTER, WHATLEY and KNOTTS requested debate on the Bill.
The following Bill was taken up:
S. 320 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 50-13-380, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN LAKE ROBINSON, SO AS TO PROVIDE THAT IT IS ALSO UNLAWFUL TO TAKE CERTAIN LARGE-MOUTH BASS IN SPECIFIED PORTIONS OF LAKE WYLIE AND THE SAVANNAH RIVER SUBJECT TO THE JURISDICTION OF THE STATE OF SOUTH CAROLINA.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5172DJC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 50-13-380 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 50-13-380. It shall be unlawful to take or possess large-mouth bass less than twelve inches in length in Lake Robinson which is located in Chesterfield and Darlington counties in Game Zones 5 and 8, and in Lake Wylie located in York County in Game Zone 4. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined in an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."
SECTION 2. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WITHERSPOON explained the amendment.
Rep. LAW moved to adjourn debate on the Bill, which was agreed to.
The following Bill was taken up:
H. 3344 (Word version) -- Reps. Sharpe and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-91 SO AS TO PROHIBIT HUNTING ON, SHOOTING FROM, INTO, OR ACROSS THE RIGHT-OF-WAY OF A PRIMARY PAVED ROAD, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 50-11-760, AS AMENDED, RELATING TO HUNTING FROM PUBLIC ROADS AND RAILROAD RIGHTS-OF-WAY, SO AS TO DELETE PROVISIONS RELATING TO HUNTING FROM PUBLIC ROADS AND INCREASE THE PENALTY FOR HUNTING FROM A RAILROAD RIGHT-OF-WAY.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5181DJC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 50 of the 1976 Code is amended by adding:
"Section 50-1-91. (A) For purposes of this section:
(1) 'Right-of-way' means an area maintained by the State, or by a county, municipality, or other political subdivision of the State, as a right-of-way for a paved road in this State.
(2) 'Weapon' means a firearm, archery equipment, or any other device that shoots or hurls a bullet, missile, shot, or projectile of any sort.
(B) When hunting deer in game zone 5, for a period of three years after the effective date of this section and except as otherwise provided by law, it is unlawful for a person to hunt on, or to shoot from, into, or across, the right-of-way of any paved road with a weapon. It is not unlawful for a person to recover or retrieve a dog from a right-of-way provided his weapon is completely unloaded containing no shells and inaccessible for immediate use within a vehicle. It is not unlawful for a person to release a dog on a right-of-way adjacent to land owned or leased by the person, or adjacent to land upon which the person has written permission to hunt in his possession, provided his weapon is in a vehicle. This section does not apply to law enforcement officers or military personnel acting in the performance of their duties, or to a person lawfully exercising the right of self-defense.
(C) A person violating this section is guilty of a misdemeanor and, upon conviction, in cases not involving personal injury or damage to property, must be fined not more than five hundred dollars or imprisoned for not more than thirty days. In cases involving personal injury or damage to property, a person convicted of violating this section must be fined not more than five thousand dollars or imprisoned for not more than one year, or both. A person whose violation of this section results in the taking or loss of a human life must be prosecuted, if at all, as otherwise provided by law rather than under this section.
(D) For a period of three years after the effective date of this section the crime in Section 50-1-91 of the 1976 Code is added to the list of crimes in Section 56-7-10 of the 1976 Code for which the uniform traffic ticket is used and, appropriately numbered, to the list of crimes in Section 50-3-410, for which official summons are issued. A law enforcement officer may charge a person subject to prosecution for a violation of Section 50-1-91 using either the uniform traffic ticket authorized by Section 56-7-10, or a summons ticket authorized by Section 50-3-410.
(E) For a period of three years after the effective date of this section, the provisions of Section 50-11-760 are suspended in game zone 5 only. During the three year period when Section 50-11-760 is suspended, the hunting of all game in game zone 5 from rights-of-way owned by railroads is prohibited whenever the railroad rights-of-way are adjacent to lands that are posted against trespassing or hunting. The provisions of this section do not apply to hunting by owners of the adjacent lands or by persons who have permission of the owners to hunt the adjacent lands. 'Hunting' as used in this section includes the hunting of deer by occupying stands therefor. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than three hundred dollars or be imprisoned for not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Renumber sections.
Rep. WITHERSPOON explained the amendment.
Reps. KNOTTS, KOON, FLEMING, TROTTER, PERRY, CATO, ROBINSON, MCMAHAND, BARRETT and R. SMITH requested debate on the Bill.
The following Bill was taken up:
H. 4769 (Word version) -- Reps. Cato, Allison, Bailey, Bales, Barfield, G. Brown, H. Brown, Chellis, Cooper, Easterday, Edge, Emory, Fleming, Gamble, Harrison, Haskins, Kelley, Kirsh, Klauber, Knotts, Lanford, Limehouse, Lourie, Lucas, Maddox, McKay, Robinson, Rodgers, Sandifer, Simrill, F. Smith, J. Smith, Stuart, Tripp, Trotter, Webb, Wilder and Wilkes: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE OF MORTGAGE LOAN BROKERS SO AS TO PLACE THIS BOARD UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF INDIVIDUALS AS MORTGAGE LOAN BROKERS.
Reps. COTTY, KIRSH, MOODY-LAWRENCE, MCMAHAND, LUCAS, FLEMING and TROTTER requested debate on the Bill.
Rep. SHEHEEN objected to the Bill.
Reps. HAYES, OTT, STUART, CATO, KOON, BAILEY, PARKS, BREELAND, J. H. NEAL, J. SMITH, J. HINES, MACK and CARNELL requested debate on the Bill.
The following Bill was taken up:
S. 571 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 40-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF TITLES, DESIGNATIONS, AND ABBREVIATIONS RELATIVE TO CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO AUTHORIZE ENROLLED AGENTS OR ACTUARIES PRACTICING BEFORE THE INTERNAL REVENUE SERVICE TO USE THE ABBREVIATION "EA"; AND TO AMEND SECTIONS 40-2-40, 40-2-55, 40-2-190, AND 40-2-560 SO AS TO CONFORM CERTAIN REQUIREMENTS FOR REGISTRATION, CERTIFICATION, LICENSURE, CONTINGENT FEES, COMMISSIONS, AND FORMS OF PRACTICE FOR PUBLIC ACCOUNTANTS AND ACCOUNTING PRACTITIONERS TO THOSE REQUIREMENTS FOR CERTIFIED PUBLIC ACCOUNTANTS.
Reps. CATO, LEACH, TRIPP, KIRSH, KNOTTS and KOON requested debate on the Bill.
The following Bill was taken up:
S. 985 (Word version) -- Senators Waldrep and Hayes: A BILL TO AMEND SECTION 40-43-82, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT AN INDIVIDUAL WHO SERVES AS A PHARMACY TECHNICIAN AT A FREE CLINIC UNDER THE DIRECT SUPERVISION OF A LICENSED PHARMACIST IS NOT REQUIRED TO REGISTER OR TO PAY A REGISTRATION FEE.
Rep. PARKS explained the Bill.
Reps. FLEMING, TROTTER, COOPER, LEACH and KOON requested debate on the Bill.
The following Bill was taken up:
H. 4782 (Word version) -- Reps. Canty, Howard and J. H. Neal: A BILL TO AMEND SECTION 40-19-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN CONNECTION WITH THE LICENSURE AND REGULATION OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO REVISE CERTAIN DEFINITIONS AND TO DEFINE "RETAIL SALES OUTLET" AND "OWNER"; TO AMEND SECTION 40-19-110, AS AMENDED, RELATING TO GROUNDS FOR DISCIPLINARY ACTION, SO AS TO INCLUDE AN UNLICENSED PERSON ENGAGING IN THE PRACTICE OF FUNERAL SERVICE AS A GROUND FOR DISCIPLINE; TO AMEND SECTION 40-19-230, RELATING TO REQUIREMENTS FOR LICENSURE AS AN EMBALMER AND A FUNERAL DIRECTOR, SO AS TO CHANGE THE EXAMINATION REQUIRED FOR AN EMBALMER, TO DELETE THE PROVISIONS RELATING TO OBTAINING LICENSURE IF LICENSED IN ANOTHER STATE, AND TO CHANGE LICENSE RENEWAL FROM ANNUAL TO BIENNIAL RENEWAL; TO ADD SECTION 40-19-235 SO AS TO PROVIDE LICENSURE PROCEDURES FOR OUT-OF-STATE LICENSEES; TO AMEND SECTION 40-19-250, RELATING TO CONTINUING EDUCATION REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS TO CONFORM TO BIENNIAL LICENSURE; TO ADD SECTION 40-19-265 SO AS TO ESTABLISH REQUIREMENTS FOR OBTAINING FUNERAL HOME, BRANCH FUNERAL HOME, RETAIL SALES OUTLET, AND CREMATORY PERMITS; TO AMEND SECTION 40-19-270, RELATING TO ADDITIONAL PERMIT REQUIREMENTS, SO AS TO IMPOSE THESE REQUIREMENTS ON RETAIL SALES OUTLETS; TO AMEND SECTION 40-19-280 RELATING TO ACTIVITIES FUNERAL DIRECTORS AND EMBALMERS ARE PROHIBITED FROM ENGAGING IN, SO AS TO APPLY CERTAIN PROHIBITIONS TO CREMATORIES AND RETAIL SALES OUTLETS; AND TO AMEND SECTION 40-19-290, RELATING TO DISCLOSURE OF INFORMATION, SERVICES, AND FEES OF EMBALMERS AND FUNERAL DIRECTORS, SO AS TO APPLY CERTAIN PROVISIONS TO CREMATORIES AND RETAIL SALES OUTLETS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11983AC00), which was adopted:
Amend the bill, as and if amended, Section 40-19-20(19) page 4, line 33 after /remains/ by inserting /and may not offer or execute preneed funeral contracts, as defined in Section 32-7-10/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BREELAND explained the amendment.
The amendment was then adopted.
Reps. FLEMING, TROTTER, ROBINSON, LITTLEJOHN, COOPER, BALES and SANDIFER requested debate on the Bill.
The SPEAKER granted Rep. PHILLIPS a leave of absence for the remainder of the day.
Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of Amendment No. 4A, Rep. ALTMAN having the floor:
H. 3393 (Word version) -- Reps. Law, H. Brown and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT AND MOTOR TITLING, BY ADDING SECTION 50-23-295 SO AS TO PROVIDE THAT A CERTIFICATE OF TITLE TO WATERCRAFT MAY NOT BE TRANSFERRED IF THE DEPARTMENT OF NATURAL RESOURCES HAS NOTICE THAT PROPERTY TAXES ARE OWED ON THE WATERCRAFT OR OUTBOARD MOTOR.
Rep. ALTMAN relinquished the floor.
Rep. WITHERSPOON proposed the following Amendment No. 4A (Doc Name \GGS\AMEND\22610AC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 23, Title 50 of the 1976 Code is amended by adding:
"Section 50-23-295. A certificate of title to watercraft or an outboard motor may not be transferred if the department has notice that property taxes payable by the current owner within the past three years are owed on the watercraft or outboard motor. If transfer of title has been denied pursuant to this section, a tax receipt on the watercraft or outboard motor from the person officially charged with the collection of ad valorem taxes in the county of residence must be accepted as proof that the taxes have been paid. The bill of sale or title to watercraft or an outboard motor shall require certification that property taxes have been paid by the current owner as of the date of sale.
The county treasurer or other appropriate official annually, or more frequently as the county may deem appropriate, shall transmit a list of delinquent taxes due on watercraft and outboard motors to the department. The list may be transmitted in any electronic format as may be deemed acceptable by the department.
The current owner is not required to pay property taxes pursuant to the provisions of this section if such tax levy is below exemption for the minimum tax on boats. The tax levies for the prior three years may not be used cumulatively to exceed the minimum tax levy collection threshold."
SECTION 2.A. Section 12-43-220(f) of the 1976 Code is amended to read:
"(f) Except as specifically provided by law, all other personal property shall be taxed on an assessment of ten and one-half percent of fair market value of such property, except that commercial fishing boats and commercial tugboats shall be taxed on an assessment of five percent of fair market value. As used in this item 'commercial fishing boats' shall mean boats licensed by the Department of Natural Resources which are used exclusively for commercial fishing, shrimping, or crabbing. As used in this item, 'commercial tugboats' shall mean boats used exclusively for harbor and ocean towing, documented with the U.S. Coast Guard, constructed of steel, and being at least eighty feet in length and having a gross tonnage of at least one hundred tons."
B. This section is effective for tax year commencing January 1, 1999.
SECTION 3. The 1976 Code is amended by adding:
"Section 12-37-225. A boat on which the interest portion of any indebtedness on it is or would be deductible under the Internal Revenue Code as an interest expense on a qualified primary or second residence is also deemed to be a primary or second residence for purposes of ad valorem property taxation in this State and as such is considered real rather than personal property for these purposes." /
SECTION 4. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 5A (Doc Name COUNCIL\GJK\AMEND\21279SD00), which was rejected:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION __. Section 12-43-220(f) of the 1976 Code is amended to read:
"(f)(1) Except as specifically provided by law all other personal property shall must be taxed on an assessment of ten and one-half percent of fair market value of such property except that commercial fishing boats shall and boats manufactured in this State must be taxed on an assessment of five percent of fair market value. As used in this item 'commercial fishing boats' shall mean means boats licensed by the Department of Natural Resources which are used exclusively for commercial fishing, shrimping, or crabbing."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 5A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then rejected.
Rep. BALES proposed the following Amendment No. 6A (Doc Name COUNCIL\GJK\AMEND\21285SD00), which was ruled out of order:
Amend the bill, as and if amended, by adding a new SECTION appropriately numbered to read:
/SECTION _____. Section 12-37-224 of the 1976 Code, as added by Act 114 of 1999, is amended to read:
"Section 12-37-224. (A) A motor home on which the interest portion of indebtedness is deductible pursuant to the Internal Revenue Code as an interest expense on a qualified primary or second residence is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes.
(B) A travel trailer, as defined in Section 31-17-510, that has sleeping, cooking, and bathroom facilities is also a primary or second residence for purposes of ad valorem property taxation in this State and is considered real property rather than personal property for property tax purposes."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. BALES explained the amendment.
Rep. SIMRILL raised the Point of Order that Amendment No. 6A was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. HARRELL proposed the following Amendment No. 7A (Doc Name COUNCIL\SWB\AMEND\5193DJC00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/ SECTION 2. A. Section 12-43-220(f) of the 1976 Code is amended to read:
"(f) Except as specifically provided by law, all other personal property shall be taxed on an assessment of ten and one-half percent of fair market value of such property, except that commercial fishing boats and commercial tugboats shall be taxed on an assessment of five percent of fair market value. As used in this item 'commercial fishing boats' shall mean boats licensed by the Department of Natural Resources which are used exclusively for commercial fishing, shrimping, or crabbing. As used in this item, 'commercial tugboats' shall mean boats used exclusively for harbor and ocean towing, documented with the U.S. Coast Guard, constructed of steel, and being at least seventy-nine feet in length and having a gross tonnage of at least ninety-nine tons."
B. This section is effective for tax year commencing January 1, 1999./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
The question then recurred to the adoption of the amendment.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Bales Barrett Bowers Breeland Brown, H. Brown, J. Campsen Carnell Cato Chellis Clyburn Cooper Cotty Dantzler Davenport Delleney Easterday Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harris Harvin Haskins Hayes Hines, J. Hinson Huggins Jennings Keegan Kelley Kirsh Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Pinckney Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, R. Stille Stuart Taylor Townsend Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the amendment was adopted.
Rep. CAMPSEN proposed the following Amendment No. 8A (Doc Name COUNCIL\NBD\AMEND\12024AC00), which was adopted:
Amend the amendment offered by Representative Witherspoon bearing document number GGS\Amend\22610AC00.Doc, as and if amended, by deleting SECTION 3 of the amendment and inserting:
/SECTION 3. The 1976 Code is amended by adding:
"Section 12-37-225. A boat on which the interest portion of any indebtedness on it is or would be deductible under the Internal Revenue Code if the boat were owned by an individual as an interest expense on a qualified primary or second residence is also deemed to be a primary or second residence for purposes of ad valorem property taxation in this State and as such is considered real rather than personal property for these purposes, whether it is owned by an individual or other legal entity." /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Rep. SHEHEEN moved to table the Bill.
Rep. HARRELL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Kirsh Meacham-Richardson Moody-Lawrence Rutherford Sheheen Stuart
Those who voted in the negative are:
Allen Altman Bailey Bales Barfield Barrett Battle Bowers Brown, H. Campsen Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harvin Haskins Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, M. McLeod, W. Neal, J.M. Neilson Parks Perry Quinn Rhoad Rice Riser Rodgers Sandifer Scott Sharpe Simrill Smith, J. Smith, R. Stille Townsend Tripp Vaughn Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the Bill.
Rep. KNOTTS moved to table the amendment, which was rejected.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 4558 (Word version) -- Reps. J. Smith, Lourie, Hawkins and Klauber: A BILL TO AMEND SECTION 25-1-630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF OATHS BY OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD, SO AS TO PROVIDE THAT, IN ADDITION TO BEING AUTHORIZED AND EMPOWERED TO ADMINISTER OATHS AND AFFIRMATIONS IN ALL MATTERS PERTAINING TO OR CONCERNING THE NATIONAL GUARD OF SOUTH CAROLINA, ALL COMMISSIONED AND WARRANT OFFICERS OF THE SOUTH CAROLINA NATIONAL GUARD ARE AUTHORIZED AND EMPOWERED TO ACT AS A NOTARY IN ACCORDANCE WITH THE PROVISIONS OF, THE UNITED STATES CODE, AND THIS SECTION; AND TO AMEND CHAPTER 1, TITLE 25, RELATING TO COMMISSIONED AND WARRANT OFFICERS, BY ADDING SECTION 25-1-635, SO AS TO PROVIDE THAT NATIONAL GUARD LEGAL ASSISTANCE ATTORNEYS MAY RENDER LEGAL ASSISTANCE TO THE IMMEDIATE FAMILY MEMBERS AND DEPENDENTS OF MEMBERS OF THE SOUTH CAROLINA NATIONAL GUARD WHEN, IN THE OPINION OF THE LEGAL ASSISTANCE OFFICER, SUCH LEGAL ASSISTANCE ENHANCES THE OVERALL MOBILIZATION READINESS OF A MEMBER OF THE NATIONAL GUARD AND TO PROVIDE FOR THE SCOPE OF PRACTICE, DUTIES, AND LIMITATIONS OF LEGAL ASSISTANCE ATTORNEYS AND JUDGE ADVOCATES.
Rep. BREELAND explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 437 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND SECTION 38-43-106, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO PERMIT, RATHER THAN REQUIRE, THE DEPARTMENT OF INSURANCE TO PROMULGATE REGULATIONS PRESCRIBING THE PARAMETERS OF THE CONTINUING EDUCATION REQUIREMENTS AND CHANGE THE COMPOSITION OF THE ADVISORY COMMITTEE; TO AMEND SECTION 38-77-580, AS AMENDED, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, SO AS TO CHANGE THE COMPOSITION OF THE FACILITY'S GOVERNING BOARD; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-77-580 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE THE REPEAL OF THIS SECTION AS SCHEDULED FOR JANUARY 1, 2006; TO AMEND SECTION 38-91-130, RELATING TO THE ADVISORY BOARD FOR THE JOINT UNDERWRITING ASSOCIATION FOR PRIVATE PASSENGER AND COMMERCIAL AUTOMOBILE INSURANCE, SO AS TO CHANGE THE METHOD OF CHOOSING BOARD MEMBERS AND PROVIDE FOR RELATED MATTERS; TO PROVIDE THAT NOTHING INVOLVED IN THE AMENDMENT OF SECTION 38-91-130 IN THIS ACT SHALL BE CONSTRUED TO AFFECT OR CHANGE (1) THE PROVISION IN SECTION 20(B) OF ACT 154 OF 1997 THAT STATES THAT CHAPTER 91 OF TITLE 38 SHALL CEASE TO BE OF ANY FORCE OR EFFECT AFTER FEBRUARY 28, 2003 OR (2) ANY OTHER PROVISION CONTAINED IN SECTION 20(B) OF ACT 154 OF 1997; AND TO REPEAL SECTION 38-77-585, RELATING TO ADDITIONAL GOVERNING BOARD MEMBERS OF THE REINSURANCE FACILITY, UPON THE EFFECTIVE DATE OF THIS ACT NOTWITHSTANDING THE PROVISIONS OF SECTION 30 OF ACT 154 OF 1997 REGARDING THE REPEAL OF ARTICLE 5, CHAPTER 77 OF TITLE 38 ON JANUARY 1, 2006.
The following Concurrent Resolution was taken up:
S. 1268 (Word version) -- Senator Moore: A CONCURRENT RESOLUTION TO ENDORSE THE RECOMMENDATIONS OF THE CENTERS FOR DISEASE CONTROL AND PREVENTION (CDC) AND AMERICAN ACADEMY OF PEDIATRICS (AAP) FOR HEALTH CARE PROFESSIONALS REGARDING THE BEST PRACTICES FOR THE JUDICIOUS USE OF ANTIBIOTICS.
Whereas, antibiotic-resistant infections are more likely to produce adverse health outcomes and are more costly to treat than susceptible infections; and
Whereas, the widespread use of antibiotics has increased the type and incidence of bacteria that are resistant to treatment by antibiotics; and
Whereas, antibiotic resistance is caused by the overuse of antibiotics in general, with overuse of selected agents in particular; and
Whereas, over the past five years the rate of penicillin resistance increased by more than three hundred percent and the rate of cefotaxime resistance increased by more than one thousand percent; and
Whereas, patients infected with antibiotic-resistant strains of bacteria can require hospitalization when otherwise unnecessary and be subject to an increased rate of death; and
Whereas, the process of creating antibiotic-resistance increases pharmaceutical costs through inappropriate prescribing of antibiotic agents and increases total healthcare costs through the additional hospitalization and other forms of additional medical care required in the treatment of resistant strains of bacteria; and
Whereas, the federal Centers for Disease Control and Prevention (CDC) and American Academy of Pediatrics (AAP) have developed recommendations for health care professionals regarding the best practices for the judicious use of antibiotics. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, endorses the CDC/AAP recommendations and urges each health care professional and managed care plan operating in the State to adopt the recommendations in their practice and formularies.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4921 (Word version) -- Reps. Inabinett, Allen, Allison, Bailey, Barrett, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Clyburn, Cooper, Dantzler, Edge, Gilham, Gourdine, Govan, Hamilton, Harrison, Haskins, Hawkins, Hayes, J. Hines, Hinson, Hosey, Howard, Keegan, Kelley, Kirsh, Knotts, Koon, Leach, Lee, Littlejohn, Lloyd, Loftis, Mack, Maddox, McMahand, Miller, J. H. Neal, J. M. Neal, Parks, Phillips, Pinckney, Rhoad, Robinson, Rodgers, Sandifer, Scott, Tripp, Walker, Whatley, Whipper, Wilder, Witherspoon and W. McLeod: A CONCURRENT RESOLUTION TO MEMORIALIZE AND URGE THE CONGRESS OF THE UNITED STATES TO INVEST IN RURAL AMERICA'S FUTURE AND REVAMP THE NATION'S FARM AND RURAL POLICIES TO ENSURE NO ONE IS LEFT BEHIND DURING THIS TIME OF HISTORIC PROSPERITY BY PASSING A FARM BILL THAT WILL ADDRESS THE NEEDS OF FARMERS, RANCHERS, AND RURAL COMMUNITIES IDENTIFIED BY THE RECENT "RALLY FOR RURAL AMERICA".
Whereas, the "Rally for Rural America" was held in Washington, D.C. on March 21 and 22, 2000, for the purpose of alerting members of Congress and the Administration to the perilous state of the rural economy, and to advocate for policy changes that benefit farmers, ranchers, and rural communities; and
Whereas, thirty rural and urban groups sponsored the two-day rally that was attended by approximately two thousand five hundred farmers, ranchers, ministers, and rural business people, during which time farmers, ranchers, and others in attendance visited their Congressmen and Senators representing them in Washington, D.C., and approximately fifteen members of Congress addressed the group attending the rally; and
Whereas, the "Rally for Rural America" message concerns the extraordinarily low crop and livestock prices and lack of market competition that jeopardize farm and ranch families, as well as small businesses, schools, hospitals, and other key rural enterprises in rural communities across the nation; and
Whereas, changes in current policy are needed to empower rural America to join in the benefits that record economic growth has brought to many other sectors of our nation and that specific needed changes include, but are not limited to:
(1) farm policies that enable farmers and ranchers to receive a fair price for their commodities from the market;
(2) a strong safety net for all producers;
(3) fair, open, and competitive markets;
(4) an investment in rural education and health care;
(5) protection of natural resources for the next generation;
(6) a strong voice for rural communities in pursuing fair trade policy;
(7) a safe and secure food supply;
(8) revitalization of our farm families and rural communities;
(9) fair and equitable implementation of government programs; and
Whereas, South Carolina can join farmers, rural citizens, and others from around the country in calling on Congress to invest in rural America's future by urging Congress to revamp the nation's farm and rural policies to ensure no one is left behind during this time of historic prosperity by passing a farm bill that will address the needs of farmers, ranchers, and rural communities identified by the recent "Rally for Rural America". Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina memorializes and urges the Congress of the United States to invest in rural America's future and revamp the nation's farm and rural policies to ensure no one is left behind during this time of historic prosperity by passing a farm bill that will address the needs of farmers, ranchers, and rural communities identified by the recent "Rally for Rural America".
Be it further resolved that copies of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and the eight members of the South Carolina Congressional Delegation, all at Washington, D.C.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., April 26, 2000
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber immediately following the Joint Assembly today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. FLEMING the invitation was accepted.
The following Bill was taken up:
H. 4752 (Word version) -- Reps. J. Brown, Cobb-Hunter, Wilkins, Cotty, McCraw, Edge, Hayes, Fleming, Phillips, Lourie, Allen, Askins, Bailey, Barfield, Battle, Bowers, Breeland, G. Brown, T. Brown, Canty, Carnell, Cato, Chellis, Dantzler, Emory, Frye, Gamble, Gilham, Gourdine, Harris, Hawkins, J. Hines, M. Hines, Hinson, Hosey, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Klauber, Koon, Law, Limehouse, Lloyd, Mack, Martin, W. McLeod, McMahand, Moody-Lawrence, J. H. Neal, Ott, Parks, Riser, Rodgers, Rutherford, Seithel, Sharpe, Simrill, R. Smith, Stille, Stuart, Taylor, Wilder, Young-Brickell, Miller and Robinson: A BILL TO AMEND SECTION 40-33-950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INACTIVE LICENSE STATUS FOR NURSES, SO AS TO CREATE A VOLUNTEER LICENSE FOR RETIRED NURSES TO USE IN DONATING THEIR SERVICES TO CHARITABLE ORGANIZATIONS.
Rep. PARKS explained the Bill.
Reps. CATO, FLEMING, KNOTTS and TROTTER requested debate on the Bill.
The Bill was read second time and ordered to third reading.
The following Bill was taken up:
H. 4691 (Word version) -- Reps. Jennings, Harrison, Altman and Knotts: A BILL TO AMEND SECTION 24-21-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CLARIFY THAT A PROBATION AGENT HAS THE POWER AND AUTHORITY TO ENFORCE THE CRIMINAL LAWS OF THE STATE.
Rep. DELLENEY explained the Bill.
Reps. FLEMING, TROTTER, CATO, KNOTTS, DAVENPORT, CLYBURN and MEACHAM-RICHARDSON requested debate on the Bill.
The following Bill was taken up:
H. 4713 (Word version) -- Reps. Jennings, Harrison, Altman, Knotts and F. Smith: A BILL TO AMEND SECTION 23-6-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE LAW ENFORCEMENT TRAINING ADVISORY COUNCIL, SO AS TO ADD AS A MEMBER THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.
Rep. DELLENEY explained the Bill.
Reps. CATO, TROTTER, FLEMING, MEACHAM-RICHARDSON, ALTMAN, DAVENPORT, LAW and KNOTTS requested debate on the Bill.
The following Bill was taken up:
H. 4677 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-3-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON INDIGENT DEFENSE, ITS MEMBERSHIP AND TERMS, SO AS TO RECONSTITUTE THE COMMISSION ON JULY 1, 2000, WITH NINE INSTEAD OF SEVEN MEMBERS, TO HAVE FOUR MEMBERS APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE PUBLIC DEFENDERS ASSOCIATION AND FIVE MEMBERS APPOINTED BY THE GOVERNOR FROM THE GENERAL MEMBERSHIP OF ATTORNEYS LICENSED TO PRACTICE LAW IN THIS STATE, TO PROVIDE FOR STAGGERED TERMS, AND TO CAUSE THE TERMS OF THE PRESENT MEMBERS OF THE COMMISSION TO EXPIRE ON JULY 1, 2000.
Reps. DAVENPORT, TROTTER, FLEMING, KIRSH, MEACHAM-RICHARDSON, ROBINSON, SANDIFER, KENNEDY and WHIPPER requested debate on the Bill.
The following Bill was taken up:
H. 4003 (Word version) -- Reps. Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell and Robinson: A BILL TO AMEND SECTION 20-7-8510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE, RELEASE, AND CONFIDENTIALITY OF JUVENILE RECORDS PURSUANT TO THE JUVENILE JUSTICE CODE, SO AS TO AUTHORIZE RELEASE OF INFORMATION AMONG THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, THE ATTORNEY GENERAL AND OTHER LAW ENFORCEMENT AGENCIES; TO AUTHORIZE THE TRANSMISSION OF RECORDS OF ADJUDICATION AND PENDING CRIMINAL CASES TO A SCHOOL OFFICIAL IF THE JUVENILE IS OR MAY BE A STUDENT AT THE SCHOOL; TO AUTHORIZE FINGERPRINTING OF A JUVENILE CHARGED WITH AN OFFENSE OTHER THAN A STATUS OFFENSE; AND TO AUTHORIZE SHARING OF CERTAIN INFORMATION BETWEEN THE DEPARTMENT OF JUVENILE JUSTICE, SOLICITORS' OFFICES, AND LAW ENFORCEMENT AGENCIES AND VARIOUS HUMAN SERVICES AGENCIES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\12002AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 20-7-6605 of the 1976 Code, as added by Act 383 of 1996, is amended by adding at the end:
"(9) 'Criminal justice purposes' means the performance of any activity directly involving the detection, apprehension, recapture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders or involving the collection, storage, and dissemination of juvenile offense history records."
SECTION 2. Section 20-7-7205 (C) of the 1976 Code, as added byAct 383 of 1996, is amended to read:
"(C) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410 any offense, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510 (E)."
SECTION 3. Section 20-7-8505 of the 1976 Code, as amended by Act 435 of 1998, is further amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age. The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other documents as may be required."
SECTION 4. Section 20-7-8510 of the 1976 Code, as amended by Act 384 of 1998, is further amended to read:
"Section 20-7-8510. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. Except as provided in subsection (B) herein, all information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's attorney, or others entitled under this article, or any other article, to receive this information, unless otherwise ordered by the judge. However, These records are open to inspection without the consent of the judge a court order where the records are necessary to defend against an action initiated by a juvenile child.
(B) The Department of Juvenile Justice, if requested, shall provide the victim of a crime with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action including hearing dates, times, and locations, and services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to or made public by a newspaper or radio or television station except as authorized by order of the court or unless the juvenile has been bound over to a court which would have trial jurisdiction of the offense if committed by an adult or the juvenile has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
The Director of the Department of Juvenile Justice shall develop policies allowing for the transmission of information that is necessary and appropriate to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information shall include information required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the state as a child-serving organization. This information may be summarized in accordance with agency policy.
(C) A juvenile charged with committing an offense must be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
In addition, a juvenile under criminal investigation may be fingerprinted by a law enforcement agency upon an order from a family court judge for the offenses enumerated above.
A juvenile under criminal investigation or charged with committing an offense other than those enumerated above in this subsection or a status offense may not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must be transmitted to the files of the State Law Enforcement Division. The fingerprint records of a juvenile must not be transmitted to the files of the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60 for grand larceny of a motor vehicle, for a crime in which a weapon was used, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon notification to law enforcement, must be destroyed or otherwise expunged by the South Carolina Law Enforcement Division and the law enforcement agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a juvenile pursuant to this subsection must not be disclosed for any purpose not specifically authorized by law or by a court order. The fingerprints of a juvenile adjudicated as delinquent for the commission of any of these crimes and any record created as a result of such information must be made available for criminal justice purposes. For the purposes of this section, "criminal justice purposes" means the performance of any activity directly involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused or convicted persons or criminal offenders, or the collection, storage, and dissemination of criminal history record information.
The Department of Juvenile Justice may fingerprint and photograph a juvenile upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department, assisting the Missing Persons Information Center in the location or identification of a missing or runaway child, in locating and identifying a child who fails to appear in court as summoned or who is the subject of a house arrest order, or except as otherwise provided in this section.
The director is authorized to enter into interagency agreements for the purpose of sharing information about children under the supervision or custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information.
(D) Law enforcement agencies shall maintain admission and release records on juveniles held in either secure or nonsecure custody, or both, which must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
Reports and recommendations produced by the department for the family court for the purpose of a waiver or dispositional hearing must be disseminated by the agency to the court, the solicitor, the child's attorney, and to the victim.
(E) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge.
(1) The Department of Juvenile Justice must notify the senior administrator of a public or private school in which a child is enrolled, intends to be enrolled, or was last enrolled when the child is adjudicated delinquent for having committed one of the following offenses:
(a) a violent crime as defined in Section 16-1-60;
(b) a crime in which a weapon as defined in Section 59-63-370 was used;
(c) for assault and battery against school personnel, as defined in Section 16-3-612;
(d) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(e) for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44.
(2) School principals of a public or private school may request from the Department of Juvenile Justice the juvenile offense history of any child. Upon such request, the department must provide the child's juvenile offense history to the principal of any school in which the child is enrolled, intends to be enrolled, or was last enrolled.
(3) Each school district is responsible for developing a policy for schools within the district to follow within the district that ensures that the confidential nature of these records and other information received is maintained. This policy must provide for, but is not limited to:
(a) the retention of the child's juvenile offense history, and other information relating to his offense history, in the child's school disciplinary file or in some other confidential location;
(b) access to the child's school disciplinary file and its contents limited to school personnel, as considered necessary and appropriate to meet and adequately address the educational needs of the child; and
(c) the destruction of the child's juvenile offense history upon the child's completion of secondary school, or upon reaching twenty-one years of age.
(F) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
When requested, the Department of Juvenile Justice shall provide the victim of a crime with the name and other basic descriptive information about the child charged with the crime including, but not limited to, a photograph; information about the juvenile justice system; the status and disposition of the delinquency action including hearing dates, times, and locations; and services available to victims of juvenile crime.
(G) The Department of Juvenile Justice or the South Carolina Law Enforcement Division, or both, shall provide the Attorney General, a circuit solicitor, or a law enforcement agency a copy of a child's juvenile offense history upon request for criminal justice purposes. This information must not be disseminated except as authorized in Section 20-7-8515. The South Carolina Law Enforcement Division and the Department of Juvenile Justice must maintain the juvenile offense history of a person for the same period as for offenses committed by an adult.
(H) Other information retained by the department may be provided to law enforcement, the Solicitor, the Attorney General, and federal authorities pursuant to an ongoing criminal investigation or prosecution.
(I) The Department of Juvenile Justice may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department; assisting the Missing Persons Information Center in the location or identification of a missing or runaway child; locating and identifying a child who fails to appear in court as summoned; or who is the subject of a house arrest order, or except as otherwise provided in this section.
(J) Nothing in this section may be construed to waive any statutory or common law privileges attaching to the department's internal reports or to information contained in the file of a child under the supervision or custody of the department."
SECTION 5. Section 20-7-8515 of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"Section 20-7-8515. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-8510 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General, a circuit solicitor, or a law enforcement officer which is made pursuant to a current criminal investigation or prosecution, the South Carolina Law Enforcement Division or the Department of Juvenile Justice, or both if requested, shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a crime. This information shall not be disseminated except as authorized in Section 20-7-8510. The juvenile record of a person must be maintained by the South Carolina Law Enforcement Division and the Department of Juvenile Justice for the same period as for offenses committed by an adult.
(A) Except as provided herein, law enforcement records and information identifying children pursuant to this article are confidential and may not be disclosed directly or indirectly to anyone, other than those entitled under this section to receive this information.
(B) Law enforcement records of children must be kept separate from records of adults. Information identifying a child must not be open to public inspection, but the remainder of such records are public records.
(C) Law enforcement agencies shall maintain admission and release records on children held in either secure or nonsecure custody, or both. The records must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the Department of Juvenile Justice, the Department of Mental Health, the Department of Corrections, and the Department of Probation, Parole and Pardon Services, and federal authorities for criminal justice purposes without a court order.
(E) Incident reports involving children are to be provided to the victim of a crime pursuant to Section 16-3-1520. Incident reports, including information identifying a child, must be provided by law enforcement to the principal of the child's school when the child has been charged with assault and battery of a high and aggravated nature or a criminal offense that would carry a maximum term of imprisonment of fifteen years or more if committed by an adult or assault and battery against school personnel, as defined in Section 16-3-612. Incident reports involving other offenses must be provided upon request of the principal. This information must be maintained by the principal in the manner set forth in Section 20-7-8510(E) and must be forwarded with the child's permanent school records if the child transfers to another school or school district.
(F) A child charged with an offense may be photographed by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must photograph the child upon admission. These photographs may be disseminated for criminal justice purposes or to assist the Missing Persons Information Center in the location or identification of a missing or runaway child.
(G) A child charged with committing a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult must be fingerprinted by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must fingerprint the child upon admission. In addition, a law enforcement agency may petition the family court for an order to fingerprint a child charged with any other criminal offense or suspected of committing any offense.
(H) The fingerprint records of a child must be kept separate from the fingerprint records of adults. The fingerprint records of a child must be transmitted to the files of the State Law Enforcement Division.
(I) The fingerprint records of a child may be transmitted by the State Law Enforcement Division to the files of the Federal Bureau of Investigation only when the child has been adjudicated delinquent for having committed a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult.
(J) The fingerprint records of a child adjudicated delinquent for a crime that would carry a maximum term of imprisonment of five years or more if committed by an adult must be distributed or provided to another law enforcement agency by the State Law Enforcement Division or the law enforcement agency who took the child into custody for criminal justice purposes or to assist the Missing Person Information Center in the location of identification of a missing or runaway child.
(K) The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or by a court order.
(L) Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more_if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information.
SECTION 6. Section 20-7-8520 of the 1976 Code, as added by Act 383, is amended to read:
"Section 20-7-8520. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, charged with or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the juvenile, the adjudication, and disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses.
The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless authorized by order of the court or unless the child has been charged with a crime which would have been within the trial jurisdiction of a court other than the family court had the offense been committed by an adult or the child has been adjudicated delinquent in family court for:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a deadly weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44.
(B) Under no circumstances is a person allowed to expunge from the record an adjudication for having committed a violent crime, as that term is defined in Section 16-1-60. When a child is bound over to the jurisdiction of circuit court, the provisions of this section addressing the confidentiality of fingerprints and identity do not apply.
(C) If the order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed.
SECTION 7. Chapter 7 of Title 20 is amended by adding:
"Section 20-7-8525. (A) A person who has been taken into custody for, charged with, or adjudicated delinquent for having committed a status or a nonviolent offense may petition the family court for an order destroying all official records relating to being taken into custody, the charges filed against the child, the adjudication, and disposition. The granting of the order is discretionary with the court. However, a person may not petition the court if he has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult. In addition, the court may not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has fully and successfully completed any dispositional sentence imposed, and has neither been charged nor is currently charged with committing any additional criminal offenses.
(B) An adjudication for a violent crime, as defined in Section 16-1-60, may not be expunged.
(C) If an expungement order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. DELLENEY explained the amendment.
Reps. FLEMING, TROTTER, CATO, MEACHAM-RICHARDSON, DAVENPORT and KENNEDY requested debate on the Bill.
The following Bill was taken up:
H. 4460 (Word version) -- Rep. McGee: A BILL TO AMEND SECTION 27-39-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF RENT BY DISTRESS PROCEEDINGS AND THE PROPERTY EXEMPT, FROM DISTRESS, SO AS TO INCLUDE AS EXEMPT PROPERTY THAT WHICH IS OWNED BY A THIRD PARTY FOR WHICH THE MAGISTRATE FINDS OWNERSHIP WAS NOT TRANSFERRED FROM THE TENANT TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT; AND TO AMEND SECTION 27-39-250, RELATING TO THE PROPERTY OF OTHERS ON THE RENTED PREMISES, SO AS TO REQUIRE THE MAGISTRATE TO CONDUCT A HEARING CONCERNING THE OWNERSHIP OF THE PROPERTY OF A THIRD PARTY AND IF THE MAGISTRATE FINDS THE PROPERTY WAS TRANSFERRED TO THE THIRD PARTY FOR THE PURPOSE OF AVOIDING DISTRAINT, THEN THE DISTRAINED PROPERTY OF THE THIRD PARTY IS SUBJECT TO SALE.
Reps. KIRSH, MOODY-LAWRENCE, MEACHAM-RICHARDSON, TROTTER and KENNEDY requested debate on the Bill.
The following Bill was taken up:
H. 4566 (Word version) -- Reps. Lourie and J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-60, SO AS TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR CRIMINAL RECORD SEARCHES CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION AND TO PROVIDE A TEN DOLLAR FEE WHEN CONDUCTED FOR A FOR-PROFIT NURSING HOME, HOME HEALTH AGENCY, OR AN ADULT OR CHILD DAYCARE CENTER AND AN EIGHT DOLLAR FEE WHEN CONDUCTED FOR A CHARITABLE ORGANIZATION OR A BONA FIDE MENTOR.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11979AC00):
Amend the bill, as and if amended, by deleting Section 23-3-60(B) and inserting:
/ (B) Notwithstanding subsection (A), the division shall charge eight dollars for a criminal record search conducted for, or for the use of, a for-profit nursing home, home health agency, community residential care facility as defined in Section 40-35-20, an adult or child daycare center, a charitable organization or a bona fide mentor, or any entity that is mandated by state law to undergo criminal record searches conducted by the South Carolina Law Enforcement Division./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
Reps. FLEMING, TROTTER, MEACHAM-RICHARDSON, KENNEDY, CATO, LEACH, DAVENPORT and WITHERSPOON requested debate on the Bill.
The following Bill was taken up:
H. 4797 (Word version) -- Reps. Knotts, Barrett, Battle, H. Brown, Cato, Chellis, Delleney, Edge, Frye, Gamble, Haskins, Hinson, Huggins, Law, Littlejohn, Maddox, Martin, McCraw, Miller, Rice, Sandifer, Seithel, Simrill, R. Smith, Stuart, Taylor, Townsend, Tripp, Whatley, Wilkins, Witherspoon, Davenport, Robinson, McGee, McKay, Loftis, Riser and Meacham-Richardson: A BILL TO AMEND SECTION 16-23-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CARRYING OR DISPLAYING OF FIREARMS IN A PUBLIC BUILDING OR UPON AREAS ADJACENT TO A PUBLIC BUILDING, SO AS TO REVISE THE DEFINITION OF THE TERMS "PREMISES" AND "PROPERTY"; TO AMEND SECTION 16-23-430, AS AMENDED, RELATING TO THE CARRYING OF WEAPONS ON SCHOOL PROPERTY, SO AS TO PROVIDE A DEFINITION FOR THE TERM "PROPERTY"; TO AMEND SECTION 16-23-465, AS AMENDED, RELATING TO PENALTIES FOR UNLAWFULLY CARRYING A PISTOL OR FIREARM ONTO THE PREMISES OF A BUSINESS SELLING ALCOHOLIC LIQUORS, BEERS, OR WINES FOR ON PREMISES CONSUMPTION, SO AS TO SUBSTITUTE THE WORD "INTO" FOR "ONTO THE PREMISES OF"; TO AMEND SECTION 23-31-210, RELATING TO DEFINITIONS CONTAINED IN THE LAW ABIDING CITIZEN'S SELF-DEFENSE ACT OF 1996, SO AS TO REVISE THE DEFINITION OF THE TERM "RESIDENT"; TO AMEND SECTION 23-31-215, AS AMENDED, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPON PERMITS, SO AS TO REDUCE THE NUMBER OF PHOTOGRAPHS OF AN APPLICANT THAT MUST BE SUBMITTED WITH AN INITIAL AND A RENEWAL APPLICATION FOR A CONCEALABLE WEAPON PERMIT, TO REVISE THE RESIDENCY REQUIREMENT CONTAINED IN THE CONCEALABLE WEAPON PERMIT APPLICATION FORM, TO DELETE THE PROHIBITION AGAINST AUTHORIZING A CONCEALABLE WEAPON PERMIT HOLDER TO CARRY A CONCEALABLE WEAPON INTO A CHURCH OR OTHER RELIGIOUS SANCTUARY, AND TO REQUIRE A PERSON WHO SEEKS TO RENEW A CONCEALABLE WEAPON PERMIT TO COMPLETE A ONE-HOUR COURSE THAT PROVIDES LEGAL UPDATES RELATING TO THE CONCEALABLE WEAPON PERMIT LAWS, AND DEMONSTRATE TO SLED THAT HE HAS A PROFICIENCY IN BOTH THE USE OF HANDGUNS AND STATE LAWS PERTAINING TO HANDGUNS, AND PROVIDE THAT ONCE A CONCEALED WEAPON PERMIT HOLDER IS NO LONGER A RESIDENT OF THIS STATE, HIS CONCEALED WEAPON PERMIT MUST BE REVOKED AUTOMATICALLY BY SLED; TO AMEND SECTION 23-31-235, RELATING TO THE CONTENT OF POSTED SIGNS THAT PROHIBIT THE CARRYING OF A CONCEALABLE WEAPON UPON ANY PREMISES, SO AS TO REVISE THE SIZE, CONTENT, AND PLACEMENT OF THESE SIGNS; AND TO AMEND SECTION 51-3-145, AS AMENDED, RELATING TO ACTS THAT MAY NOT BE COMMITTED AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM, SO AS TO ALLOW A PERSON WHO POSSESSES A CONCEALABLE WEAPON PERMIT TO POSSESS A CONCEALABLE WEAPON AND ITS AMMUNITION AT ANY PARK OR FACILITY UNDER THE JURISDICTION OF THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22593CM00):
Amend the bill, as and if amended, Section 23-31-210(1), as contained in SECTION 4, by striking lines 10 and 11 on page 4 and inserting:
/ "present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders" /
When amended Section 23-31-210(1) shall read:
"(1) 'Resident' means an individual who is a resident of South Carolina for at least twelve months preceding the date on which an application to carry a weapon is submitted under this section present in South Carolina with the intention of making a permanent home in South Carolina or military personnel on permanent change of station orders."
Amend the bill further, Section 23-31-215(P), as contained in SECTION 5, by striking lines 34 through 42 on page 8, and lines 1 through 8 on page 9, and inserting:
/ "(2) submission of three one current one-inch by one-inch full color photographs photograph of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant." /
When amended Section 23-31-215(P) shall read:
"(P) A permit issued pursuant to this article is valid for four years. Subject to subsection (Q) of this section, SLED shall renew a permit upon:
(1) payment of a fifty-dollar renewal fee by the applicant. This fee must be waived for disabled veterans and retired law enforcement officers;
(2) submission of three one current one-inch by one-inch full color photographs photograph of the applicant; and
(3) a complete set of fingerprints. A law enforcement agency may charge a fee not to exceed five dollars for fingerprinting an applicant."/
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
Reps. KENNEDY and HAWKINS requested debate on the Bill.
Rep. EASTERDAY spoke in favor of the amendment.
Reps. F. SMITH, DAVENPORT, MOODY-LAWRENCE, FLEMING and GOVAN requested debate on the Bill.
The following Bill was taken up:
H. 4534 (Word version) -- Reps. Hawkins, Klauber and Taylor: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-170 SO AS TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD, FOR THE USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18362SOM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 30-4-170. (A) Without limiting the meaning of other sections of this chapter:
(1) a private person or entity shall not knowingly obtain or use any information obtained from a public record for any form of commercial solicitation directed to any person in this State; and
(2) every public body shall provide a notice to all requestors of records under this chapter, and to all persons who obtain records under this chapter, that obtaining or using public records for any purposes of commercial solicitation directed to any person in this State is prohibited.
(B) Notwithstanding any other provision of this chapter, a person knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CAMPSEN explained the amendment.
Reps. SCOTT, TROTTER, KNOTTS, FLEMING, KENNEDY, F. SMITH, WHATLEY, SHARPE, LLOYD and MACK requested debate on the Bill.
The following Bill was taken up:
H. 4743 (Word version) -- Reps. D. Smith and Rodgers: A BILL TO ENACT THE "SAFE HAVEN FOR ABANDONED BABIES ACT" INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-85 SO AS TO REQUIRE A HOSPITAL OR HOSPITAL OUTPATIENT FACILITY TO TAKE POSSESSION OF A CHILD VOLUNTARILY DELIVERED BY THE CHILD'S PARENT WHEN THE PARENT DID NOT EXPRESS AN INTENT TO RETURN FOR THE CHILD; TO PROVIDE ANONYMITY FOR THE PARENT AND CHILD BUT TO ALLOW THE HOSPITAL OR FACILITY TO REQUEST MEDICAL INFORMATION; TO REQUIRE THE HOSPITAL OR FACILITY TO NOTIFY THE DEPARTMENT OF SOCIAL SERVICES THAT A CHILD HAS BEEN TAKEN INTO POSSESSION; TO REQUIRE THE DEPARTMENT TO PROVIDE FOR THE CARE AND CUSTODY OF THE CHILD; AND TO GRANT A PARENT IMMUNITY FROM PROSECUTION FOR UNLAWFUL CONDUCT OR CRUELTY TOWARDS A CHILD OR ANY OTHER VIOLATION FOR LEAVING THE CHILD IF THE PARENT LEAVES THE CHILD WITH THE HOSPITAL OR FACILITY PERSONNEL, THE CHILD IS NO MORE THAN THIRTY DAYS OLD, AND THE CHILD HAS NOT SUSTAINED ANY PHYSICAL HARM OR INJURY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\18367SOM00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the 'Safe Haven for Abandoned Babies Act'.
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-85. (A) A hospital or hospital outpatient facility operating in this State must, without a court order, take temporary physical custody of a child who is voluntarily left with the hospital or hospital outpatient facility by a person who does not express an intent to return for the child and the circumstances give rise to a reasonable belief that the person does not intend to return for the child. The hospital or hospital outpatient facility must perform any act necessary to protect the physical health or safety of the child. The person leaving the child is not required to disclose his or her identity.
(B)(1) The hospital or hospital outpatient facility must offer the person leaving the child information concerning the legal effect of leaving the child with the hospital or hospital outpatient facility.
(2) The hospital or hospital outpatient facility must ask the person leaving the child to identify any parent of the child other than the person leaving the child with the hospital or hospital outpatient facility. The hospital or hospital outpatient facility also must attempt to obtain from the person information concerning the child's background and medical history as specified on a form provided by the Department of Social Services. The hospital or hospital outpatient facility must give the person a copy of the form and a prepaid envelope for mailing the form to the Department of Social Services if the person does not wish to provide the information to the hospital or hospital outpatient facility. These materials must be provided to hospitals and hospital outpatient facilities by the department.
(3) Any identifying information disclosed by the person leaving the child must be kept confidential by the hospital or hospital outpatient facility and disclosed to no one other than the department. However, if a court determines that the immunity provisions of subsection (H) do not apply, the hospital or hospital outpatient facility may disclose the information as permitted by confidentiality protections applicable to records of the hospital or hospital outpatient facility. The department must maintain confidentiality of this information in accordance with Section 20-7-690.
(C) Not later than the close of the first business day after the date on which a hospital or hospital outpatient facility takes possession of a child pursuant to subsections (A) and (B), the hospital or hospital outpatient facility must notify the department that it has taken temporary physical custody of the child. The department shall have legal custody of the child immediately upon receipt of the notice. The department must assume physical control of the child as soon as practicable upon receipt of the notice, but no later than twenty-four hours after receiving notice that the child is ready for discharge from the hospital or hospital outpatient facility. Assumption of custody by the department pursuant to this subsection does not constitute emergency protective custody, and the provisions of Section 20-7-610 do not apply. The department is not required to initiate a child protective services investigation solely because a child comes into its custody under this subsection.
(D) Immediately after receiving notice from the hospital or hospital outpatient facility, the department must contact the South Carolina Law Enforcement Division for assistance in assuring that the child left at the hospital or hospital outpatient facility is not a missing child. The South Carolina Law Enforcement Division must treat the request as ongoing for a period of thirty days and must contact the department if a missing child report is received that might relate to the child left at the hospital or hospital outpatient facility.
(E)(1) Within forty-eight hours after taking legal custody of the child, the department must publish notice, in a newspaper of general circulation in the area where the hospital or hospital outpatient facility that took the child is located, and send a news release to broadcast and print media in the area. The notice and the news release must state the circumstances under which the child was left at the hospital or hospital outpatient facility, a description of the infant, and the date, time, and place of the permanency planning hearing provided for in subsection (E)(2). The notice and the news release must also state that any person wishing to assert parental rights in regard to the child must do so at the hearing. If the person leaving the child identified anyone as being a parent of the child, the notice must be sent by certified mail to the last known address of the person identified as a parent at least two weeks prior to the hearing.
(2) Within forty-eight hours after obtaining legal custody of the child, the department must file a petition alleging that the child has been abandoned, that the court should dispense with reasonable efforts to preserve or reunify the family, that continuation of keeping the child in the home of the parent or parents would be contrary to the welfare of the child, and that termination of parental rights is in the best interests of the child. A hearing on the petition must be held no earlier than thirty and no later than sixty days after the department takes legal custody of the child. This hearing shall be the permanency planning hearing for the child. If the court approves the permanent plan of termination of parental rights, the order must also provide that a petition for termination of parental rights on the grounds of abandonment must be filed within ten days after receipt of the order by the department.
(F) The act of leaving a child with a hospital or hospital outpatient facility pursuant to this section is conclusive evidence that the child has been abused or neglected for purposes of Department of Social Services' jurisdiction and for evidentiary purposes in any judicial proceeding in which abuse or neglect of a child is in issue. It is also conclusive evidence that the requirements for termination of parental rights have been satisfied as to any parent who left the child or acted in concert with the person leaving the child.
(G) A person who leaves a child at a hospital or hospital outpatient facility or directs another person to do so must not be prosecuted for any criminal offense on account of such action if:
(1) the person is a parent of the child or is acting at the direction of a parent;
(2) the person leaves the child in the physical custody of an employee of the hospital or hospital outpatient facility; and
(3) the child is no more than thirty days old.
This subsection does not apply to prosecution for the infliction of any harm upon the child other than the harm inherent in abandonment.
(H) A hospital or hospital outpatient facility and its agents and any health care professionals practicing within the hospital or hospital outpatient facility are immune from civil or criminal liability for any action authorized by this section, so long as the hospital, hospital outpatient facility, or health care professional complies with all provisions of this section.
(I) The department, either alone or in collaboration with any other public entity, must take appropriate measures to achieve public awareness of the provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
At 12:00 noon the Senate appeared in the Hall of the House. The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 4676 (Word version) -- Rep. Harris: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, APRIL 26, 2000, AT 12:00 NOON AND TO RECOGNIZE AND COMMEND THE 2000 JEAN LANEY HARRIS FOLK HERITAGE AWARD WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
The 2000 Jean Laney Harris Award Winners were escorted to the rostrum by Senators PASSAILAIGUE, MARTIN, RANKIN and RAVENEL and Representatives LIMEHOUSE, ROBINSON, BARFIELD and HARRIS.
LT. GOV. PEELER made the following opening remarks:
"Members of the Joint Assembly, ladies and gentlemen, it is my honor to present the Speaker of the House, Representative David H. Wilkins, to do the honor of presenting this year's Jean Laney Harris Folk Heritage Award Winners."
SPEAKER WILKINS made the following remarks:
"Henry Ford once said that there is no happiness in accepting the realization that we have accomplished something. The audience we recognize today have accomplished something big. They have honed their God given skills and talents and by sharing their unique gifts with us they are spreading happiness and goodwill. This award was first established to recognize the state's most outstanding practitioners of traditional art. Three years ago, the awards became known as the Jean Laney Harris Folk Heritage Award in honor of Jean Harris's long-time support of South Carolina's cultural traditions. We are very proud that Jean's son, Rep. Anthony Harris, is carrying on his mother's distinguished record of public service. Now it is my honor to present this year's Folk Heritage Awards.
M. Jeannette Gaillard Lee learned sweetgrass basket-making, an art specific to the South Carolina coast, from her mother and grandmother. The activity often provided a significant portion of her family's income. For many years, the baskets were designed for rice processing, but later, the craft evolved into a purely decorative art. The quality and creativity of Mrs. Lee's work are evidence that sweetgrass basket-making is a driving force in her life. She is coordinator of the Original Sweetgrass Market Place Coalition and an advocate for the preservation of the art that she learned as a child and considers a part of our heritage that should never die.
J.C. Owens learned musical techniques from his brother's band and was an accomplished fiddler by the time he was 12. He is a master of the bluegrass, old-time, and swing styles native to the South Carolina Upstate and was honored as the state's champion fiddler in the 1960's. He was a member of the Dixie Ramblers and a studio musician whose work contributed to more than 100 bluegrass and country recordings. His group, The Fiddler's 3, plays for festivals, and he is involved in folklife documentation efforts in the South Carolina National Heritage Corridor. Through a lifetime of dedication, he has mastered the music of the Upstate that is an integral part of family and community life.
The Red White Family is carrying on the family tradition of bluegrass and Southern Gospel music that Red White, who passed away earlier this year, started promoting in South Carolina's Pee Dee in the 1950's. He formed the first bluegrass band in the region, Red White and Dixie Boys (later known as Red White and Bluegrass), taught his children the music, and brought them into the band. Through concert tours and performances at the Galivants Ferry Stump for more than 40 years, Red White's bands have promoted Pee Dee bluegrass and gospel. Now, the Red White Family band's focus is the three-part harmony of Southern Gospel. The group still tours and performs for an annual gospel event in Horry County, ?Carrying on the Family Tradition.'
The Avery Research Center for African American History and Culture at the College of Charleston receives the Advocacy Award for the preservation and promotion of the folk history and culture of South Carolina's African Americans. The Avery Center, formerly the Avery Normal Institute, which was established in 1865 for freed slave children, became a center for the preservation of Gullah culture in 1985. Scholars consider the Avery Center one of the nation's premiere collections of Gullah materials, which includes recordings of Gullah speakers, histories and photographs of Gullah speaking people of the South Carolina Low Country, and traditional arts and crafts. The Center provides Gullah educational programs and is a showcase for the African American art forms that have become icons of South Carolina culture."
Let me say to the four recipients that we are very proud of you in carrying on South Carolina tradition and we are proud that you are such great ambassadors of our State. We appreciate your being with us today."
SPEAKER WILKINS recognized M. Jeannette Gaillard Lee.
SPEAKER WILKINS recognized J. C. Owens, who performed for the Joint Assembly.
SPEAKER WILKINS recognized the Red White Family, who performed for the Joint Assembly.
SPEAKER WILKINS recognized the Avery Research Center for African American History and Culture.
LT. GOV. PEELER made the following closing remarks:
"I would like to close this ceremony by thanking the award winners for sharing their talents with us today. This assembly is now adjourned."
Upon conclusion of the presentations, the distinguished guests and escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:25 p.m. the House resumed, the SPEAKER in the Chair.
Rep. EASTERDAY moved that upon the completion of the Ratification of Acts, the House recede until 2:00 p.m., which was agreed to.
At 12:30 p.m. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified:
(R261, S. 60 (Word version)) -- Senator Ford: AN ACT TO AMEND SECTION 53-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE THAT THE THIRD MONDAY OF JANUARY, MARTIN LUTHER KING, JR. DAY, AND THE TENTH DAY OF MAY, CONFEDERATE MEMORIAL DAY, ARE REGULAR, RATHER THAN OPTIONAL, HOLIDAYS; TO DELETE THE NINETEENTH DAY OF JANUARY, ROBERT E. LEE'S BIRTHDAY, AND THE THIRD DAY OF JUNE, JEFFERSON DAVIS' BIRTHDAY, AS HOLIDAYS; TO DELETE REFERENCES TO OPTIONAL HOLIDAYS; TO DELETE GENERAL ELECTION DAYS AS LEGAL HOLIDAYS; AND TO AMEND SECTION 53-3-80, RELATING TO JANUARY FIFTEENTH OF EACH YEAR BEING DECLARED TO BE MARTIN LUTHER KING DAY, SO AS TO PROVIDE THAT THE THIRD MONDAY OF JANUARY IS DECLARED TO BE MARTIN LUTHER KING, JR. DAY.
(R262, S. 85 (Word version)) -- Senators Thomas and Giese: AN ACT TO AMEND SECTION 24-3-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WITNESSES PERMITTED TO VIEW AN EXECUTION, SO AS TO PROVIDE THAT A CONVICT MAY SUBSTITUTE ONE PERSON FROM HIS IMMEDIATE FAMILY FOR EITHER HIS COUNSEL OR A RELIGIOUS LEADER AS A WITNESS PERMITTED TO VIEW HIS EXECUTION, OR MAY SUBSTITUTE TWO PERSON FROM HIS IMMEDIATE FAMILY FOR BOTH HIS COUNSEL AND A RELIGIOUS LEADER AS WITNESSES PERMITTED TO VIEW HIS EXECUTION, TO PROVIDE A DEFINITION FOR THE TERM "IMMEDIATE FAMILY", TO LIMIT THE NUMBER OF PERSONS PERMITTED TO WITNESS AN EXECUTION, AND TO DIRECT THE DEPARTMENT OF CORRECTIONS TO ESTABLISH INTERNAL POLICIES RATHER THAN PROMULGATE REGULATIONS TO GOVERN THE SELECTION OF MEDIA REPRESENTATIVES PERMITTED TO VIEW AN EXECUTION.
(R263, S. 95 (Word version)) -- Senators Giese and Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO ADD SECTION 44-71-95 SO AS TO PROVIDE THAT A HEALTH CARE FACILITY IS NOT PROHIBITED FROM PROVIDING HOSPICE SERVICES THROUGH CONTRACTUAL ARRANGEMENTS WITH A LICENSED HOSPICE ORGANIZATION; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT, SO AS TO INCLUDE HOSPICE FACILITIES IN THE DEFINITION OF A HEALTH CARE FACILITY; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE FACILITIES.
(R264, S. 139 (Word version)) -- Senators Peeler, Giese, Leventis, Russell and Reese: AN ACT TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 32 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR BODY PIERCING IN THIS STATE, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, THE ISSUANCE OF PERMITS AND THE PROMULGATION OF REGULATIONS BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, PAYMENT OF PERMIT FEES, CONDUCTING OF INSPECTIONS, AND CRIMINAL OFFENSES AND PENALTIES.
(R265, S. 226 (Word version)) -- Senator McConnell: AN ACT TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING MARSHLAND LOCATED IN THE TIDAL FLOW OR AN INTERVENING PUBLICLY-OWNED WATERWAY, WHETHER OR NOT THE MARSHLAND LOCATED IN THE TIDAL FLOW OR THE PUBLICLY-OWNED WATERWAY HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE MARSHLAND LOCATED IN THE TIDAL FLOW OR THE PUBLICLY-OWNED WATERWAY DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED IS NOT GREATER THAN THREE-FOURTHS OF A MILE; TO AMEND SECTION 5-1-40, RELATING TO THE PETITION FILED WITH THE SECRETARY OF STATE NECESSARY TO INITIATE THE INCORPORATION OF A MUNICIPALITY, SO AS TO CHANGE THE REQUIREMENTS OF WHO MUST SIGN THE PETITION; TO AMEND CHAPTER 3 OF TITLE 5, RELATING TO THE CHANGE OF CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO DELETE ALL METHODS OF ANNEXATION WHERE FREEHOLDERS VOTE IN A REFERENDUM, TO REQUIRE A PUBLIC HEARING AND NOTICE OF IT WHEN THE SEVENTY-FIVE PERCENT PETITION OF FREEHOLDERS METHOD OF ANNEXATION IS USED TO ANNEX AN AREA WHICH IS CONTIGUOUS TO A MUNICIPALITY; TO SUBSTITUTE QUALIFIED ELECTORS FOR FREEHOLDERS IN THE INITIATION OF A REFERENDUM IN WHICH QUALIFIED ELECTORS VOTE BY SIGNING A PETITION TO ANNEX A CONTIGUOUS AREA TO A MUNICIPALITY; AND TO DEFINE "CONTIGUOUS".
(R266, S. 702 (Word version)) -- Senator Martin: AN ACT TO AMEND SECTION 50-11-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE USE OF BAIT TO LURE BEARS, SO AS TO REVISE THIS SECTION TO PROHIBIT FEEDING OR ENTICING WITH FOOD ANY BLACK BEAR, TO PROVIDE EXCEPTIONS TO THE PROHIBITION, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
(R267, S. 704 (Word version)) -- Senators Holland and Grooms: AN ACT TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY TO ESTABLISH CRITERIA, POWERS, DUTIES, TRAINING REQUIREMENTS AND PROGRAMS FOR THE COMMISSIONING OF FORMER LAW ENFORCEMENT OFFICERS OF THE DEPARTMENT TO RECEIVE A DEPARTMENT OF PUBLIC SAFETY SPECIAL CONSTABLE COMMISSION; TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO AUTHORIZE A COMMISSIONED OFFICER OR UNIFORMED OFFICER TO MAKE TRAFFIC STOPS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 1-11-140, AS AMENDED, RELATING TO THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD, THROUGH THE OFFICE OF INSURANCE SERVICES, TO PROVIDE INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE TORT LIABILITY INSURANCE FOR STATE CONSTABLES, INCLUDING VOLUNTEER STATE CONSTABLES WHILE SERVING IN A LAW ENFORCEMENT CAPACITY.
(R268, S. 755 (Word version)) -- Senator Bryan: AN ACT TO AMEND SECTIONS 44-9-90 AND 44-9-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RIGHTS, DUTIES, AND POWERS OF THE MENTAL HEALTH COMMISSION, SO AS TO DELETE THE REQUIREMENT THAT THE COMMISSION COLLECT STATISTICS AND ADOPT REGULATIONS ON MENTAL DEFICIENCIES AND EPILEPTICS; TO AMEND SECTION 44-11-10, AS AMENDED, RELATING TO STATE MENTAL HEALTH FACILITIES, SO AS TO PROVIDE THAT HALL PSYCHIATRIC INSTITUTE SHALL NO LONGER BE MAINTAINED AS A TEACHING HOSPITAL FOR THE PRIMARY PURPOSES OF TRAINING MENTAL HEALTH PERSONNEL AND PSYCHIATRIC RESEARCH; TO AMEND SECTION 44-15-50, RELATING TO GRANTS AUTHORIZED AND APPROVED BY THE DEPARTMENT OF MENTAL HEALTH, SO AS TO DELETE REQUIREMENTS AS TO HOW FUNDS MAY BE EXPENDED; TO AMEND SECTION 44-15-80, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT ANYONE WHO CANNOT AFFORD TREATMENT IS ELIGIBLE TO RECEIVE CERTAIN SERVICES; TO AMEND SECTION 44-17-410, AS AMENDED, RELATING TO THE EMERGENCY ADMISSION OF PERSONS TO A PUBLIC OR PRIVATE HOSPITAL, MENTAL HEALTH CLINIC, OR MENTAL HEALTH FACILITY, SO AS TO PROVIDE FOR EXTENUATING CIRCUMSTANCES FOR REVIEWING INVOLUNTARY TREATMENT; TO AMEND SECTION 44-17-540, AS AMENDED, RELATING TO THE EXAMINATION OF PERSONS ADMITTED FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE CERTAIN REQUIREMENTS WHEN INVOLUNTARY TREATMENT IS REQUIRED; TO AMEND SECTION 44-17-580, RELATING TO HOSPITALIZATION FOR INVOLUNTARY TREATMENT OF MENTAL ILLNESS, SO AS TO PROVIDE FOR THE DISMISSAL OF PROCEEDINGS WHEN A PERSON IS NOT IN NEED OF INVOLUNTARY TREATMENT; TO AMEND SECTION 44-22-150, AS AMENDED, RELATING TO THE RESTRAINT, SECLUSION, OR PHYSICAL COERCION OF PATIENTS RESIDING IN MENTAL HEALTH OR ALCOHOL AND DRUG ABUSE FACILITIES, SO AS TO DEFINE RESTRAINT; TO AMEND SECTION 44-23-1100, RELATING TO THE DISCLOSURE OF INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF INFORMATION PURSUANT TO SECTION 44-22-100; TO AMEND SECTION 20-7-7815, AS AMENDED, RELATING TO PROCEDURES FOR TRANSFERRING A MENTALLY ILL OR RETARDED JUVENILE COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE TO THE APPROPRIATE STATE AGENCY, SO AS TO AUTHORIZE A LAW ENFORCEMENT OFFICER TO TAKE SUCH JUVENILE INTO CUSTODY WITHOUT A WARRANT OR COURT ORDER IF THE JUVENILE IS ABSENT FROM A TREATMENT FACILITY; AND TO REPEAL SECTION 44-23-50.
(R269, S. 1053 (Word version)) -- Senator Drummond: A JOINT RESOLUTION TO REQUIRE THE LOCAL GOVERNMENT FUNDING SYSTEM STEERING COMMITTEE TO COMPLETE ITS FINAL REPORT BY DECEMBER 31, 2000, RATHER THAN BY APRIL 1, 2000, TO PROVIDE FOR AN INTERIM REPORT AT THE TIME OF THE ORIGINAL DUE DATE, AND TO ALLOW THE FUNDS APPROPRIATED FOR THE COMMITTEE TO CARRY FORWARD INTO THE NEXT FISCAL YEAR.
(R270, S. 1220 (Word version)) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO GRADUATION REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2452, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R271, S. 1226 (Word version)) -- Senators Patterson, Giese, Jackson and Courson: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF JANUARY 20, 2000, MISSED BY THE STUDENTS OF A. C. FLORA HIGH SCHOOL OF RICHLAND COUNTY SCHOOL DISTRICT ONE FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A MALFUNCTION IN THE HEATING SYSTEM IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
(R272, S. 1234 (Word version)) -- Senator Rankin: AN ACT TO AMEND SECTION 59-101-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF THE COLLEGES AND UNIVERSITIES OF THIS STATE; SECTION 59-101-185, RELATING TO GOVERNING BOARDS OF SPECIFIED STATE INSTITUTIONS OF HIGHER LEARNING AUTHORIZED TO MAINTAIN FINANCIAL MANAGEMENT AND ACCOUNTING SYSTEMS; SECTION 59-107-10, RELATING TO THE DEFINITION OF STATE INSTITUTIONS OF HIGHER LEARNING FOR PURPOSES OF ISSUING STATE INSTITUTION BONDS; AND SECTION 59-112-10, RELATING TO THE DEFINITION OF STATE POST-SECONDARY INSTITUTIONS FOR PURPOSES OF DETERMINING RATES OF TUITION AND FEES, SO AS TO INCLUDE COASTAL CAROLINA UNIVERSITY WITHIN THESE DEFINITIONS AND LISTINGS, AND TO UPDATE THE NAMES OF OTHER INSTITUTIONS.
(R273, S. 1249 (Word version)) -- Senators J. V. Smith and Russell: AN ACT TO AMEND SECTION 4-23-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD OF FIRE CONTROL OF THE PELHAM-BATESVILLE FIRE DISTRICT IN GREENVILLE AND SPARTANBURG COUNTIES, SO AS TO ADD ADDITIONAL POWERS TO THE BOARD.
(R274, S. 1250 (Word version)) -- Senators Grooms, Matthews and Washington: AN ACT TO AMEND ARTICLE 9, CHAPTER 1, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-708 SO AS TO DESIGNATE THE SOUTH CAROLINA ARTISANS CENTER IN WALTERBORO AS THE OFFICIAL STATE FOLK ART AND CRAFTS CENTER.
(R275, S. 1290 (Word version)) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN YORK, SOUTH CAROLINA, TO YORK COUNTY.
(R276, S. 1310 (Word version)) -- Senators Grooms and Mescher: AN ACT TO AMEND ACT 178 OF 1999, RELATING TO THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT, BY REPEALING SECTION 9, RELATING TO A REFERENDUM ON A SPECIAL ONE PERCENT SALES AND USE TAX FOR NOT MORE THAN TWENTY YEARS IN BERKELEY COUNTY.
(R277, S. 1323 (Word version)) -- Senators Bauer and Wilson: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2000, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WHITMIRE, SOUTH CAROLINA, TO THE TOWN OF WHITMIRE.
(R278, H. 3056 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF A JURY LIST FROM A COMPUTER TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S LICENSE OR IDENTIFICATION CARD, SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MUST SUPPLY THE COMPUTER TAPE TO THE STATE ELECTION COMMISSION EVERY YEAR INSTEAD OF EVERY THREE YEARS AND THAT THE TAPE MUST INCLUDE ALL PERSONS WHO OBTAINED A VALID DRIVER'S LICENSE OR IDENTIFICATION CARD DURING THE PREVIOUS YEAR AND EXCLUDE ALL PERSONS WHOSE DRIVER'S LICENSE OR IDENTIFICATION CARD HAS BEEN INVALIDATED BY JUDICIAL OR ADMINISTRATIVE ACTION OR WHO FAILED TO RENEW A DRIVER'S LICENSE OR IDENTIFICATION CARD, TO MAKE A TECHNICAL CHANGE, TO DELETE THE PROVISION REQUIRING THE DEPARTMENT TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST CONTAINING NEWLY LICENSED DRIVERS OR IDENTIFICATION CARD HOLDERS OVER THE AGE OF EIGHTEEN DURING THE YEARS IN WHICH JURY LISTS ARE NOT FURNISHED TO COUNTY JURY COMMISSIONERS BY THE STATE ELECTION COMMISSION, AND TO DELETE THE PROVISION REQUIRING THE STATE ELECTION COMMISSION TO FURNISH COUNTY JURY COMMISSIONERS WITH A TAPE OR LIST OF NEWLY REGISTERED VOTERS IN THE COUNTY ADDED SINCE ITS LAST REPORT; TO AMEND SECTION 14-7-250, AS AMENDED, RELATING TO THE DISPOSITION OF THE NAMES OF PERSONS WHO ARE DRAWN AND WHO SERVE AS JURORS, SO AS TO REVISE THIS PROVISION TO INCLUDE PERSONS WHO ATTEND A SESSION OF COURT AS A MEMBER OF A JURY POOL; TO AMEND SECTION 14-7-850, AS AMENDED, RELATING TO A PERSON'S LIABILITY TO BE DRAWN AND SERVE AS A JUROR MORE THAN ONCE DURING A YEAR, SO AS TO DELETE THE PROVISION THAT REQUIRES A PERSON WHO SERVES AS A JUROR BE EXEMPTED FROM JURY SERVICE UNDER CERTAIN CIRCUMSTANCES; TO AMEND SECTION 14-25-165, AND SECTIONS 22-2-80 AND 22-2-90, RELATING TO THE SELECTION OF THE JURY LIST IN MUNICIPAL AND MAGISTRATES COURTS, SO AS TO PROVIDE THAT THE COURT MAY DRAW ADDITIONAL NAMES OF QUALIFIED ELECTORS FOR THE JURY LIST IF THE COURT FIRST SEEKS AND RECEIVES THE APPROVAL OF COURT ADMINISTRATION; TO AMEND SECTION 22-2-130, AS AMENDED, RELATING TO THE PENALTY FOR FAILURE TO APPEAR FOR JURY SERVICE IN MAGISTRATES COURT AND THE FREQUENCY OF JURY SERVICE SO AS TO PROVIDE THAT A PERSON SHALL NOT SERVE ON A JURY MORE THAN ONCE EVERY CALENDAR YEAR RATHER THAN ONCE EVERY THREE MONTHS; TO AMEND SECTION 34-11-90, AS AMENDED, RELATING TO JURISDICTION OVER OFFENSES CONCERNING FRAUDULENT CHECKS, SO AS TO CLARIFY THAT THE IMPRISONMENT AND FINE WHICH MAY BE IMPOSED BY A MAGISTRATE FOR A SECOND OR SUBSEQUENT CONVICTION, IF THE AMOUNT OF THE CHECK IS MORE THAN FIVE HUNDRED DOLLARS BUT LESS THAN ONE THOUSAND DOLLARS, IS NOT MORE THAN THIRTY DAYS AND NOT MORE THAN FIVE HUNDRED DOLLARS, AND TO CLARIFY THAT THE IMPRISONMENT WHICH MAY BE IMPOSED FOR A SECOND OR SUBSEQUENT CONVICTION, IF THE AMOUNT OF THE CHECK IS FIVE HUNDRED DOLLARS OR LESS, IS NOT MORE THAN THIRTY DAYS; AND TO AMEND SECTION 22-1-15, AS AMENDED, TO MAKE A TECHNICAL CHANGE.
(R279, H. 3266 (Word version)) -- Reps. D. Smith, J. Brown, W. McLeod and Miller: AN ACT TO AMEND CHAPTER 56, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT BY ADDING ARTICLE 7, SO AS TO ENACT THE "SOUTH CAROLINA BROWNFIELDS/VOLUNTARY CLEANUP ACT" INCLUDING PROVISIONS WHICH ESTABLISH A VOLUNTARY CLEANUP PROGRAM FOR PARTIES RESPONSIBLE FOR DISPOSAL OF HAZARDOUS WASTE AND TO FURTHER PROVIDE FOR THE PURPOSES AND THE PROCEDURES UNDER WHICH THIS PROGRAM IS TO OPERATE; AND TO AMEND SECTION 44-56-200, AS AMENDED, RELATING TO THE FEDERAL COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION AND LIABILITY ACT OF 1980, SO AS TO CLARIFY THE MEANING OF "PERSON" FOR PURPOSES OF THAT ACT.
(R280, H. 3295 (Word version)) -- Rep. Kirsh: AN ACT TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 38 SO AS TO ENACT PROVISIONS GOVERNING AND REGULATING FRATERNAL BENEFIT SOCIETIES, INCLUDING PROVISIONS FOR, AMONG OTHER THINGS, CERTAIN CRIMINAL OFFENSES AND PENALTIES, MEMBERSHIP, CONTRACTUAL BENEFITS, AND FINANCES; TO REPEAL CHAPTER 37, TITLE 38, RELATING TO FRATERNAL BENEFIT ASSOCIATIONS; TO AMEND SECTION 38-21-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE INSURANCE HOLDING COMPANY REGULATORY ACT, SO AS TO ELIMINATE "FRATERNAL BENEFIT SOCIETIES" FROM THE LIST OF MEANINGS WHICH THE TERM "INSURER" DOES NOT INCLUDE; AND TO AMEND SECTION 38-9-80, AS AMENDED, RELATING TO INSURANCE, CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS, AND THE REQUIREMENT OF THE DEPOSIT OF CERTIFICATES OF DEPOSIT OR OTHER SECURITIES BY INSURERS AS A PREREQUISITE FOR TRANSACTING BUSINESS IN THE STATE OF SOUTH CAROLINA, SO AS TO DELETE THE EXEMPTION FROM THIS REQUIREMENT PROVIDED FOR FRATERNAL BENEFIT SOCIETIES.
(R281, H. 3419 (Word version)) -- Reps. Klauber, Cooper, Lanford, Fleming, Taylor, Limehouse, Altman, Knotts, Hawkins, Loftis, Sandifer, Harrison, Lucas, Robinson, Witherspoon, Hinson, Vaughn, Keegan, Riser, Wilkins and Young-Brickell: AN ACT TO AMEND TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOUSING AND REDEVELOPMENT BY ADDING CHAPTER 18 SO AS TO ENACT THE "SOUTH CAROLINA SHOOTING RANGE PROTECTION ACT OF 2000", TO DEFINE "SHOOTING RANGE", "PERSON", AND "SUBSTANTIAL CHANGE IN USE", TO REGULATE NUISANCE ACTIONS IN CONNECTION WITH THE ACQUISITION OF PROPERTY NEAR EXISTING SHOOTING RANGES, THE ESTABLISHMENT OF SHOOTING RANGES NEAR EXISTING PROPERTY, AND DORMANT SHOOTING RANGES, TO PROVIDE CONDITIONS AND LIMITATIONS FOR REGULATION OF NOISE CONTROL OF A SHOOTING RANGE BY COUNTY OR MUNICIPAL ORDINANCES, TO PROVIDE THAT THIS CHAPTER DOES NOT PROHIBIT A LOCAL GOVERNMENT FROM REGULATING THE LOCATION AND CONSTRUCTION OF A SHOOTING RANGE AFTER THE EFFECTIVE DATE OF THIS ACT, AND TO PROVIDE FOR PUBLIC NOTICE WHEN ENTERING A SHOOTING RANGE AREA.
(R282, H. 3555 (Word version)) -- Reps. Allison and Rodgers: AN ACT TO AMEND SECTION 16-3-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HOMICIDE BY CHILD ABUSE, SO AS TO DEFINE THE TERMS "CHILD ABUSE OR NEGLECT" AND "HARM"; BY ADDING SECTION 16-3-95 SO AS TO CREATE FELONY OFFENSES FOR INFLICTING OR KNOWINGLY ALLOWING ANOTHER TO INFLICT GREAT BODILY INJURY UPON A CHILD, TO PROVIDE AN EXCEPTION FOR CORPORAL PUNISHMENT OR PHYSICAL DISCIPLINE ADMINISTERED BY A PARENT OR PERSON IN LOCO-PARENTIS IN A MANNER WHICH DOES NOT CAUSE GREAT BODILY INJURY, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO OFFENSES WHICH ARE DEFINED AS VIOLENT CRIMES, SO AS TO INCLUDE THE INFLICTION OR ALLOWING THE INFLICTION OF GREAT BODILY INJURY UPON A CHILD.
(R283, H. 3889 (Word version)) -- Rep. Edge: AN ACT TO AMEND CHAPTER 32, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACATION TIMESHARING PLANS, BY ADDING ARTICLE 3, SO AS TO PROVIDE PROCEDURES FOR THE FORECLOSURE OF LIENS ON TIMESHARE ESTATES; AND TO DESIGNATE SECTIONS 27-32-10 THROUGH 27-32-250 AS ARTICLE 1, CHAPTER 32, TITLE 27, ENTITLED "VACATION TIME SHARING PLANS".
(R284, H. 3914 (Word version)) -- Reps. Cato, Hayes and Mason: AN ACT TO AMEND SECTION 38-39-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES, SO AS TO PROVIDE WHEN THE INSURER RETURNS GROSS UNEARNED PREMIUMS DUE UNDER THE INSURANCE CONTRACT TO THE PREMIUM SERVICE COMPANY WHICH FINANCED THE PREMIUM, THAT THE GROSS UNEARNED PREMIUMS DUE ON PERSONAL LINES INSURANCE CONTRACTS FINANCED BY PREMIUM SERVICE COMPANIES MUST BE COMPUTED ON A PRO RATA BASIS.
(R285, H. 4017 (Word version)) -- Ways and Means Committee: AN ACT TO AMEND SECTION 59-123-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, AND THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA CONSTITUTING THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS, SO AS TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD ACTING AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY AND FOR OTHER MATTERS PERTAINING TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AND THE AUTHORITY INCLUDING FREEDOM OF INFORMATION ACT PROVISIONS, THE EXPENDITURE, RECEIPT, AND TRANSFER OF CERTAIN FUNDS AND STATE APPROPRIATIONS, BONDING AND LEASING PROVISIONS, THE APPLICATION OF ETHICS AND ACCOUNTABILITY PROVISIONS TO MEMBERS OF THE BOARD, AND TO PROVIDE THAT THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY SHALL BE THE SUCCESSOR TO THE MEDICAL UNIVERSITY OF SOUTH CAROLINA AS THE OWNER AND OPERATOR OF THE HOSPITAL, AND TO PROVIDE FOR THE EXECUTION OF APPROPRIATE DOCUMENTS REFLECTING THIS SUCCESSION; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITAL AUTHORITY FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT HOSPITAL AUTHORITY EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY IF IT HAS PROMULGATED A PROCUREMENT PROCESS.
(R286, H. 4139 (Word version)) -- Reps. Barrett and Townsend: AN ACT TO AMEND SECTION 56-1-2100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A COMMERCIAL DRIVER LICENSE, SO AS TO ESTABLISH AN "S" ENDORSEMENT WHICH AUTHORIZES A PERSON WHO POSSESSES A COMMERCIAL DRIVER LICENSE WITH THIS ENFORCEMENT TO DRIVE DEPARTMENT OF EDUCATION SCHOOL BUSES OR SCHOOL DISTRICT OWNED ACTIVITY BUSES; AND TO AMEND SECTION 56-1-2070, AS AMENDED, RELATING TO PERSONS WHO ARE NOT REQUIRED TO POSSESS A COMMERCIAL DRIVER LICENSE WHILE DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO REVISE THE GROUP OF MILITARY PERSONNEL WHO MAY OPERATE A COMMERCIAL MOTOR VEHICLE WITHOUT POSSESSING A COMMERCIAL DRIVER LICENSE.
(R287, H. 4266 (Word version)) -- Reps. Law, Dantzler, Hinson, Gourdine and H. Brown: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-141, SO AS TO ESTABLISH A NO WAKE ZONE AT PIMLICO BOAT LANDING IN BERKELEY COUNTY.
(R288, H. 4383 (Word version)) -- Reps. Quinn, Gilham and Seithel: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-135 SO AS TO AUTHORIZE ONLY A LICENSED DENTIST TO EXERCISE CONTROL OVER CERTAIN ACTS RELATED TO THE PRACTICE OF DENTISTRY AND MAINTAINING A DENTAL OFFICE AND TO PROHIBIT PERSONS NOT LICENSED AS A DENTIST FROM PERFORMING THESE ACTS; AND BY ADDING SECTION 40-15-83, SO AS TO REQUIRE DENTISTS TO MAINTAIN PATIENT RECORDS FOR AT LEAST FIVE YEARS AFTER WHICH THEY MAY BE DESTROYED, TO PROVIDE EXCEPTIONS, AND TO PROVIDE A CIVIL PENALTY.
(R289, H. 4416 (Word version)) -- Reps. Kelley, Robinson, Riser and Carnell: AN ACT TO AMEND TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS STATE RETIREMENT SYSTEMS, BY ADDING CHAPTER 20 ENACTING THE "OPTIONAL RETIREMENT PROGRAM FOR TEACHERS AND SCHOOL ADMINISTRATORS" AND PROVIDE FOR ITS OPERATION INCLUDING ITS ADMINISTRATION BY THE SOUTH CAROLINA RETIREMENT SYSTEM AND AN ELECTION BY ELIGIBLE EMPLOYEES FIRST EMPLOYED AFTER JUNE 30, 2000, TO JOIN EITHER THE SOUTH CAROLINA RETIREMENT OR THE OPTIONAL RETIREMENT PROGRAM ESTABLISHED BY THIS ACT.
(R290, H. 4520 (Word version)) -- Reps. Robinson, Rice, Webb and Trotter: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED ON JANUARY 19, 2000, BY THE STUDENTS AND TEACHERS OF GETTYS MIDDLE SCHOOL IN THE PICKENS COUNTY SCHOOL DISTRICT DURING SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BROKEN WATER MAIN IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP, AND TO PERMIT THE BOARD OF TRUSTEES OF THE PICKENS COUNTY SCHOOL DISTRICT TO CHOOSE NOT BE EXEMPTED AS PROVIDED ABOVE.
(R291, H. 4543 (Word version)) -- Rep. Miller: AN ACT TO AMEND SECTION 6-1-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY OF COUNTY OR MUNICIPAL TAXPAYER INFORMATION, SO AS TO CLARIFY THAT FINANCIAL INFORMATION, OR OTHER INFORMATION INDICATIVE OF UNITS OF GOODS OR SERVICES SOLD, PROVIDED IN A RETURN, REPORT, OR APPLICATION FILED WITH A COUNTY OR MUNICIPALITY IS CONFIDENTIAL BUT DOES NOT PROHIBIT THE SHARING OF DATA BETWEEN PUBLIC OFFICIALS AND EMPLOYEES, AND TO FURTHER PROVIDE THAT A PERSON IS SUBJECT TO CRIMINAL PENALTIES IF THE PERSON KNOWINGLY VIOLATES THIS SECTION.
(R292, H. 4618 (Word version)) -- Reps. Sharpe, Davenport and Wilkes: AN ACT TO AMEND CHAPTER 57, TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL AUDIT PRIVILEGES AND VOLUNTARY DISCLOSURE, SO AS TO PROVIDE THAT AN ENVIRONMENTAL AUDIT REPORT IS PRIVILEGED, IMMUNE FROM DISCOVERY, AND INADMISSIBLE IN CERTAIN CIVIL OR ADMINISTRATIVE PENALTY ACTIONS AND THAT NO PRIVILEGE APPLIES IN CRIMINAL INVESTIGATIONS OR PROCEEDINGS; TO CLARIFY ADDITIONAL DOCUMENTS AND INFORMATION THAT ARE NOT SUBJECT TO THE PRIVILEGE; TO PROVIDE THAT THE PRIVILEGE CONTINUES FOR CIVIL AND ADMINISTRATIVE PROCEEDINGS WHEN AN AUDIT HAS BEEN OBTAINED OR USED IN A CRIMINAL PROCEEDING; TO CLARIFY AUDIT NOTIFICATION REQUIREMENTS; TO REQUIRE A PERSON CLAIMING IMMUNITY BECAUSE OF A VOLUNTARY DISCLOSURE OF AN ENVIRONMENTAL VIOLATION TO PROVE SPECIFIC ELEMENTS IN ORDER TO BE ENTITLED TO IMMUNITY AND FOR THE BURDENS OF PROOF IN THIS REGARD; AND TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH A DISCLOSURE IS NOT VOLUNTARY.
(R293, H. 4644 (Word version)) -- Reps. Lucas, Harris, Jennings and Neilson: AN ACT TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO THE CHESTERFIELD COUNTY EDUCATION ADVISORY COUNCIL, SO AS TO PROVIDE FOR SIX LOCAL EDUCATION ADVISORY COUNCILS FOR THE CHESTERFIELD COUNTY SCHOOL DISTRICT AND TO PROVIDE FOR THE MEMBERSHIP OF THE COUNCILS AND ELECTION PROCEDURES FOR SUCH MEMBERS.
(R294, H. 4665 (Word version)) -- Rep. Klauber: AN ACT TO PROVIDE THAT STUDENTS WHO RESIDE IN AND ATTEND A PUBLIC SCHOOL IN GREENWOOD COUNTY WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL SOCCER SQUAD MAY PARTICIPATE IN ORGANIZED SOCCER WHICH IS INDEPENDENT OF THE CONTROL OF THE SCHOOL UNDER CERTAIN CONDITIONS, AND TO PROVIDE THAT A SCHOOL OR STUDENT IN THOSE SCHOOLS IS NOT INELIGIBLE FOR PARTICIPATION IN INTERSCHOLASTIC SOCCER BECAUSE OF THE PARTICIPATION OF THE STUDENT OF THE SCHOOL AS A MEMBER OF AN ORGANIZED SOCCER TEAM INDEPENDENT OF THE SCHOOL'S CONTROL.
(R295, H. 4783 (Word version)) -- Reps. Harris, Lucas, Jennings and Neilson: A JOINT RESOLUTION TO PROVIDE THAT THE CHESTERFIELD COUNTY SCHOOL DISTRICT IS AUTHORIZED TO PILOT A PROGRAM TO DETERMINE THE FEASIBILITY OF USING SCHOOL BUS TRANSPORTATION AS PART OF A COORDINATED COMMUNITY SERVICE BY ALLOWING CERTAIN INDIVIDUALS TO RIDE STATE-OWNED SCHOOL BUSES OPERATED ON STATE DEPARTMENT OF EDUCATION APPROVED ROUTES ON A SPACE-AVAILABLE BASIS AND UNDER CERTAIN CIRCUMSTANCES, TO ALLOW THE USE OF STATE-OWNED SCHOOL BUSES IN CONJUNCTION WITH NONSCHOOL-RELATED ACTIVITIES OR PROGRAMS UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT THIS PROVISION IS NOT A WAIVER OR ABROGATION OF THE STATE'S LIMITED IMMUNITY FROM LIABILITY AND SUIT UNDER THE STATE'S TORT CLAIMS ACT, TO PROVIDE THAT THE SCHOOL DISTRICT MUST OBTAIN A SLED BACKGROUND CHECK ON EACH INDIVIDUAL WHO SEEKS PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION, TO PROVIDE THAT AN ADULT GIVEN PERMISSION TO RIDE A SCHOOL BUS PURSUANT TO THIS PROVISION MUST POSSESS AND WEAR A PHOTO-IDENTIFICATION CARD CONTAINING CERTAIN INFORMATION, AND TO PROVIDE THAT INDIVIDUALS OTHER THAN SCHOOL STUDENTS MAY NOT BE CONSIDERED "LAWFUL OCCUPANTS" PURSUANT TO CERTAIN CIRCUMSTANCES.
(R296, H. 4817 (Word version)) -- Reps. Meacham-Richardson, Delleney, Kirsh, McCraw, Moody-Lawrence and Simrill: AN ACT TO ESTABLISH FIVE SINGLE MEMBER ELECTION DISTRICTS FROM WHICH CERTAIN MEMBERS OF YORK SCHOOL DISTRICT NO. 1 OF YORK COUNTY MUST RESIDE AND BE ELECTED BY THE QUALIFIED ELECTORS OF EACH DISTRICT, PROVIDE THAT TWO MEMBERS MUST BE ELECTED AT-LARGE FROM THE SCHOOL DISTRICT, PROVIDE A SCHEDULE FOR THE ELECTION OF TRUSTEES, THE METHOD OF DETERMINING CANDIDATES, AND A PROCEDURE FOR FILLING VACANCIES.
(R297, H. 4839 (Word version)) -- Reps. Vaughn, Wilkins, Haskins, Cato, Easterday, Hamilton, Leach, Loftis, McMahand, Rice, F. Smith and Tripp: AN ACT TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE CERTAIN POLLING PLACES, AND DESIGNATE A MAP NUMBER ON WHICH LINES OF PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, AND EFFECTIVE JANUARY 1, 2001, THE AUTHORITY TO ESTABLISH POLLING PLACES IS TRANSFERRED FROM THE GENERAL ASSEMBLY TO THE GREENVILLE COUNTY BOARD OF VOTER REGISTRATION AND THE GREENVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF A MAJORITY OF THE MEMBERS OF THE GREENVILLE COUNTY LEGISLATIVE DELEGATION.
(R298, H. 4860 (Word version)) -- Reps. Sandifer and Barrett: AN ACT TO AMEND SECTION 30-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERFORMANCE OF THE REGISTER OF DEEDS' DUTIES BY A CLERK OF COURT IN CERTAIN COUNTIES, SO AS TO ADD OCONEE COUNTY TO THE LIST OF THOSE COUNTIES WHICH HAVE BOTH A REGISTER OF DEEDS AND A CLERK OF COURT; AND TO AMEND SECTION 30-5-12, AS AMENDED, RELATING TO THE APPOINTMENT OF A REGISTER OF DEEDS, SO AS TO ADD OCONEE COUNTY TO THE LIST OF COUNTIES IN WHICH THE GOVERNING BODY APPOINTS THE REGISTER OF DEEDS.
(R299, H. 4869 (Word version)) -- Rep. Harris: AN ACT TO ENACT THE CHESTERFIELD COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION FOLLOWING REFERENDUM APPROVAL OF A SALES AND USE TAX IN CHESTERFIELD COUNTY NOT TO EXCEED ONE PERCENT FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. M. HINES a leave of absence for the remainder of the day.
The SPEAKER granted Rep. W. MCLEOD a temporary leave of absence.
The following Bill was taken up:
H. 3808 (Word version) -- Reps. Kelley, Keegan, Witherspoon, Edge, Miller, Simrill, Rhoad, Altman, Barrett, Battle, Campsen, Davenport, Emory, Limehouse, R. Smith, Vaughn, Walker and Wilkes: A BILL TO AMEND SECTION 12-24-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEEDS EXEMPTED FROM THE STATE'S DEED RECORDING FEE, SO AS TO ALLOW AN EXEMPTION FOR DEEDS THAT TRANSFER REALTY FROM AN AGENT TO THE AGENT'S PRINCIPAL IN WHICH THE REALTY WAS PURCHASED WITH FUNDS OF THE PRINCIPAL.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name SKB\AMEND\18368SOM00), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 12-24-40 of the 1976 Code, as added by Part II, Section 57A of Act 458 of 1996 and last amended by Act 324 of 1998, is further amended by adding at the end an appropriately numbered item as follows:
"( ) transferring realty from an agent to the agent's principal in which the realty was purchased with funds of the principal, provided that a notarized document is also filed with the deed that establishes the fact that the agent and principal relationship existed at the time of the original purchase as well as for the purpose of purchasing the realty." /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY explained the amendment.
Reps. FLEMING and COOPER requested debate on the Bill.
The amendment was then adopted.
Reps. ROBINSON, CATO, KIRSH and KNOTTS requested debate on the Bill.
The following Bill was taken up:
S. 1212 (Word version) -- Senator J. V. Smith: A BILL TO AMEND SECTION 56-3-2332, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUE OF THE STANDARD LICENSE PLATE TO A VEHICLE MANUFACTURER FOR VEHICLES USED IN EMPLOYEE BENEFIT PROGRAMS, TESTING, OR PROMOTIONAL PURPOSES, SO AS TO INCREASE THE ANNUAL REGISTRATION FEE FROM SIX HUNDRED NINETY-SEVEN DOLLARS AND FORTY-SIX CENTS TO EIGHT HUNDRED EIGHTY DOLLARS.
Rep. KNOTTS proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5189DJC), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION ___. The last paragraph in Section 56-3-840 of the 1976 Code is amended to read:
"All monies collected pursuant to this section, not to exceed 2.7 million dollars or the actual revenues collected in fiscal year 1998-99 1999-2000, whichever is less, must be annually deposited to a separate account and held in reserve for the department. Notwithstanding any other provision of law, these monies must be deposited to the credit of the department into a special fund in the office of the State Treasurer called designated as the "Department of Public Safety Building Fund". The department must use these monies and other unobligated monies for the purpose of issuing revenue bonds or for entering into a lease purchase agreement for a headquarters building facility, including the renovation of existing facilities. All monies credited to the special account fund that exceed the funds necessary for the purposes authorized in this section must be used for other capital projects throughout the state. The department is authorized to initiate and direct a capital project to purchase or construct a new headquarters facility. Projects funded under this section other than for the construction or purchase of a new headquarters building facility, including but not limited to, the expansion or renovation to the of an existing facility, must be approved by a joint resolution provided that if the department employs a lease purchase agreement to build or purchase a new headquarters facility, the lease purchase agreement must be approved by the Budget and Control Board. The cost of a headquarters building facility must not exceed thirty million dollars unless a parking facility or garage is required." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. VAUGHN raised the Point of Order that Amendment No. 1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
Rep. VAUGHN explained the Bill.
Rep. FLEMING requested debate on the Bill.
Rep. VAUGHN continued speaking.
The Bill was read second time and ordered to third reading.
The following Bill was taken up:
H. 4305 (Word version) -- Reps. Wilkins, Leach, Delleney, Haskins, Hawkins, Bailey, Vaughn, Altman, Hinson, Cotty, Jennings, Littlejohn and Riser: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTIONS ALLOWING PROBATE JUDGES TO PARTICIPATE IN EITHER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM OR THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO EXTEND A SIMILAR OPTION TO MASTERS-IN-EQUITY.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name \SWB\AMEND\5180HTC00):
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/ SECTION 1. Section 9-11-25 of the 1976 Code, as amended by Act 336 of 1992, is further amended by adding two paragraphs at the end to read:
"Masters-in-equity may elect to participate in either the retirement system established pursuant to this chapter or the South Carolina Retirement System established pursuant to Chapter 1 of this title.
In addition to the fee imposed pursuant to Section 14-11-310(2) for preparation of a deed, there is imposed an additional fee equal to fifteen dollars which must be collected, administered, and disbursed in the same manner as the fee imposed pursuant to Section 14-11-310(2)." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RISER explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No.1 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. RISER continued speaking.
Reps. YOUNG-BRICKELL, MEACHAM-RICHARDSON, KIRSH, LITTLEJOHN, MOODY-LAWRENCE, ALTMAN, DAVENPORT, SHARPE, CATO and FLEMING requested debate on the Bill.
The following Bill was taken up:
H. 4317 (Word version) -- Reps. Allison, Altman, Walker, Riser, Rodgers and Seithel: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT FROM PROPERTY TAX ONE PERSONAL MOTOR VEHICLE OWNED OR LEASED BY THE CAREGIVER OF A MENTALLY RETARDED PERSON OR PHYSICALLY HANDICAPPED PERSON WHEN THE VEHICLE IS USED TO TRANSPORT THE MENTALLY RETARDED OR PHYSICALLY HANDICAPPED PERSON, TO REQUIRE THAT THE INDIVIDUAL TRANSPORTED MUST BE ELIGIBLE TO BE CLAIMED AS A DEPENDENT ON FEDERAL INCOME TAX RETURNS FILED BY THE CAREGIVER, AND TO DEFINE "HANDICAPPED" AND "MENTALLY RETARDED".
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name \SWB\AMEND\5179HTC00), which was adopted:
Amend the bill, as and if amended, by striking item (37) as contained in SECTION 1, page 1, and inserting:
/ (37) one personal motor vehicle owned or leased by a legal guardian an individual caregiver of a minor person who is blind or required to use a wheelchair when the vehicle is used to transport the minor person who is blind or required to use a wheelchair and the caregiver is either the spouse of or would be eligible to claim the blind person or the person eligible to use a wheelchair as a dependent on a federal income tax return filed by the caregiver. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RISER explained the amendment.
The amendment was then adopted.
Reps. CATO, FLEMING, SHARPE, DAVENPORT, MOODY-LAWRENCE, TOWNSEND and BALES requested debate on the Bill.
The following Bill was taken up:
H. 4371 (Word version) -- Reps. Barrett, Wilder and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9530HTC00), which was adopted:
Amend the bill, as and if amended, by striking Section 8-11-180, as contained in SECTION 1, page 1, and inserting:
/"Section 8-11-180. A state employee entitled to annual leave pursuant to Article 7 of this chapter who is a certified disaster service volunteer of the American Red Cross may be granted leave from work with pay for not more than ten work days in each calendar year to participate in specialized disaster relief services for the American Red Cross. Upon the approval of the employee's employer, the employee must be released from work for this function upon request of the American Red Cross for the services of that employee. This leave is in addition to other leave to which the employee is entitled."/
Renumber sections to conform.
Amend title to conform.
Rep. RISER explained the amendment.
Rep. COOPER requested debate on the Bill.
The amendment was then adopted.
Reps. FLEMING, TROTTER, MOODY-LAWRENCE and CATO requested debate on the Bill.
Rep. RISER moved that the House recur to the morning hour, which was agreed to.
The following was received:
Columbia, S.C., April 26, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators PASSAILAIGUE, WASHINGTON and RAVENEL of the Committee of Conference on the part of the Senate on H. 4716:
H. 4716 (Word version) -- Reps. Altman, Campsen, Harrell and Limehouse: A BILL TO REQUIRE THE CHARLESTON COUNTY SCHOOL BOARD TO PROVIDE SUITABLE SPACE FOR VOTING PURPOSES, AT NO CHARGE, WHEN REQUESTED BY THE COUNTY OR STATE CHAIRMAN OF A CERTIFIED POLITICAL PARTY.
Very respectfully,
President
Received as information.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4887 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME ROAD S-17-316 IN DILLON COUNTY COMMONLY KNOWN AS WILLAMETTE ROAD, BETWEEN SOUTH CAROLINA HIGHWAY 34 AND ROAD S-17-23 "A. W. 'RED' BETHEA ROAD" AND PLACE APPROPRIATE MARKERS OR SIGNS ON THIS ROAD REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4867 (Word version) -- Rep. Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA HIGHWAY 38 AND INTERSTATE HIGHWAY 95 IN DILLON COUNTY THE "MARION H. KINON INTERCHANGE".
Ordered for consideration tomorrow.
The following Joint Resolution was taken up:
H. 4968 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO NONEMERGENCY VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2439, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. COOPER requested debate on the Joint Resolution.
Rep. SANDIFER explained the Joint Resolution.
Reps. CATO, FLEMING, TOWNSEND, BALES, KNOTTS and ALTMAN requested debate on the Joint Resolution.
Rep. KIRSH moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted:
S. 703 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70(C)(2); AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
Rep. SHARPE moved to adjourn debate upon the following Bill until Tuesday, May 2, which was adopted:
H. 4908 (Word version) -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
The following Bill was taken up:
S. 1078 (Word version) -- Senator Leventis: A BILL TO AMEND CHAPTER 33, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHIPMENT AND SALE OF TREES, PLANTS AND SHRUBS, BY ADDING SECTION 46-33-90, SO AS PROVIDE FOR NURSERY AND NURSERY DEALER REGISTRATION, PAYMENT OF REGISTRATION FEES ON A GRADUATED SCALE, EXEMPTIONS FROM PAYMENT OF FEES FOR CERTAIN GROWERS, ORGANIZATIONS, HOBBYISTS AND BACK YARD GARDENERS, AND TO PROVIDE FOR INCREASES IN THE AMOUNT OF REGISTRATION FEES REQUIRED BY THIS SECTION.
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:
H. 4426 (Word version) -- Reps. Davenport, Loftis, Leach, Hamilton, Robinson and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE COMPUTERS IN PUBLIC LIBRARIES, PUBLIC SCHOOL LIBRARIES, AND PUBLIC INSTITUTIONS OF HIGHER LEARNING LIBRARIES WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS TO BE EQUIPPED WITH SCREENING SOFTWARE TO ELIMINATE OR REDUCE THE ACCESSIBILITY OF PORNOGRAPHIC SITES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\21257SD00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 10-1-205. (A) A computer which:
(1) is located in a lending library supported by public funds, public school library or media arts center, or in the library of a public institution of higher learning as defined in Section 59-103-5;
(2) can access the Internet; and
(3) is available for use by the public or students, or both, shall have its use policies determined by the library's or center's governing boards, as appropriate. The governing boards must adopt and enforce policies intended to reduce the ability of the user to access web sites displaying information or material in violation of Article 3 of Chapter 15 of Title 16.
(B) Every lending library supported by public funds, public school library or media arts center, or library of a public institution of higher learning as defined in Section 59-103-5(2), shall post and display in at least two public places within the library a copy of the provisions of this section so that it may be read by anyone going into, visiting, or belonging to the library and using the libraries' Internet services.
(C) All applicable federal and state laws and local ordinances relating to obscenity and other similar criminal law violations apply to any person who knowingly downloads child pornography, pornography, or other obscene material from computers in a library referred to in subsection (B), and these persons committing such violations may be prosecuted accordingly."
SECTION 2. The 1976 Code is amended by adding:
"Section 10-1-206. (A)(1) A pilot program is hereby established to assess the feasibility of installing Internet filtering software in libraries or institutions as defined in Section 10-1-205. Funds for this program shall be as appropriated by the General Assembly.
(2) The Budget and Control Board shall be responsible for implementing this program and selecting appropriate filtering software. A minimum of three filtering software programs shall be tested.
(B)(1) The Budget and Control Board shall select the institutions that shall participate in the pilot program. Once selected by the board, the institution must participate. Pilot areas must be located in the upstate, midstate, and lowcountry areas of South Carolina. The board shall ensure that one public school district and one public library in each area are selected. Selected institutions must already have filtering software in place that meets the requirements of item (2) of this subsection or agree to installing recommended filtering software purchased by the State.
(2) Selected institutions in the pilot area must equip Internet accessible computers with one of the software filtering devices selected by the Budget and Control Board. This software must incorporate web-filtering technology designed to eliminate or reduce the ability of the computer to access web sites displaying pornographic pictures or any other obscene material as defined by law. Selected software must be able to distinguish between pornographic and obscene web sites and medical research web sites.
(C) The Budget and Control Board shall be responsible for evaluating this program. The evaluation shall be based on the following criteria:
(1) the filtering programs' ability to limit or restrict access to sources of information or images that are considered obscene including hard-core pornography and child pornography;
(2) the filtering programs' ability to limit or restrict access to sources of pornographic information or images that could be obscene as to minors or harmful to minors; and
(3) the filtering programs' ability to successfully access and not filter legitimate research sites.
(D) Any person blocked from an Internet site he believes contains material that does not meet the criteria listed in items (1) or (2) of subsection (C) above, and desires to access such Internet site, may make a request that the institution unblock the specified site. If the institution determines that the site does not fall within the criteria listed in items (1) or (2) of subsection (C), the institution shall unblock such Internet site. An adult patron may request unfiltered access to the Internet for serious literary, artistic, political, or scientific purposes, and the institution may temporarily disable the blocking software for such purposes.
(E) The pilot program shall take effect on the effective date of this section and shall expire on June 29, 2001. By December 1, 2001, the board shall report its findings to the General Assembly.
(F) Medical schools are exempt from the pilot program."
SECTION 3. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to read:
/TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-205 SO AS TO REQUIRE THE GOVERNING BOARDS OF CERTAIN LIBRARIES INCLUDING PUBLIC SCHOOL OR HIGHER EDUCATION INSTITUTION LIBRARIES THAT HAVE COMPUTERS WHICH CAN ACCESS THE INTERNET AND ARE AVAILABLE FOR USE BY THE PUBLIC OR STUDENTS, OR BOTH, TO DEVELOP USE POLICIES THEREFOR INTENDED TO REDUCE THE ABILITY OF THE USER TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PERMIT CRIMINAL PROSECUTION UNDER APPLICABLE LAWS OR LOCAL ORDINANCES OF PERSONS KNOWINGLY DOWNLOADING PORNOGRAPHY FROM COMPUTERS IN THESE LIBRARIES; AND TO ADD SECTION 10-1-206 SO AS TO ESTABLISH A PILOT PROGRAM TO INSTALL AND ASSESS THE FEASIBILITY OF INSTALLING INTERNET FILTERING SOFTWARE IN THESE LIBRARIES AND INSTITUTIONS TO ELIMINATE OR REDUCE THE ABILITY OF THEIR COMPUTERS TO ACCESS WEB SITES DISPLAYING PORNOGRAPHY, AND TO PROVIDE FOR THE MANNER IN WHICH THIS PILOT PROGRAM SHALL BE OPERATED/.
Rep. STILLE explained the amendment.
Rep. FLEMING 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. 1263 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 4-29-67, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF PROPERTY TAXES ALLOWED FOR CERTAIN INDUSTRIAL DEVELOPMENT PROJECTS, SO AS TO PROVIDE AN ALTERNATIVE METHOD FOR DETERMINING THE FAIR MARKET VALUE OF A PHARMACEUTICAL COMPANY PROJECT WITH MORE THAN A FOUR HUNDRED MILLION DOLLAR INVESTMENT.
Rep. MCGEE explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 1329 (Word version) -- Senators Peeler and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-740 SO AS TO ESTABLISH SOUTH CAROLINA YOUTH HUNTING DAYS FOR CERTAIN GAME SPECIES AND TO SPECIFY REQUIREMENTS AND RESTRICTIONS FOR PARTICIPATION.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 1331 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTION 7-7-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ANDERSON COUNTY, SO AS TO REDESIGNATE CERTAIN PRECINCTS AND CHANGE THE MAP DESIGNATION ON WHICH THE LINES OF THOSE PRECINCTS ARE DELINEATED.
The following Bill was taken up:
H. 4974 (Word version) -- Reps. Keegan and Miller: A BILL TO AMEND ACT 876 OF 1966, AS AMENDED, RELATING TO THE CREATION OF THE MURRELL'S INLET-GARDEN CITY FIRE DISTRICT IN GEORGETOWN AND HORRY COUNTIES, SO AS TO AUTHORIZE THE DISTRICT TO PROVIDE EMERGENCY MEDICAL SERVICES WITHIN ITS BOUNDARIES UNDER CERTAIN CIRCUMSTANCES.
Rep. MILLER moved to waive Rule 5.12, which was agreed to by a division vote of 26 to 2.
The Bill was read second time and ordered to third reading.
Rep. EASTERDAY asked unanimous consent to recall H. 4892 from the Committee on Ways and Means.
Rep. MCMAHAND objected.
Rep. LIMEHOUSE asked unanimous consent to recall H. 3475 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. MOODY-LAWRENCE objected.
The motion period was dispensed with on motion of Rep. WEBB.
Rep. SEITHEL moved to adjourn debate upon the following Bill until Wednesday, May 3, which was adopted:
H. 4899 (Word version) -- Reps. Campsen, Harrell, Limehouse and Whatley: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO REQUIRE THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT TO SUBMIT ITS PROPOSED BUDGETS TO THE COUNTY COUNCIL FOR REVIEW ON OR BEFORE JUNE THIRTIETH OF EACH YEAR, TO AUTHORIZE THE COUNTY COUNCIL TO COMMENT AND MAKE RECOMMENDATIONS ON THE PROPOSED BUDGET TO WHICH THE BOARD MUST RESPOND IN WRITING WHILE LEAVING AUTHORITY TO ACCEPT OR REJECT THESE COMMENTS OR RECOMMENDATIONS WITHIN THE BOARD'S DISCRETION, TO DEVOLVE FROM THE CHARLESTON COUNTY LEGISLATIVE DELEGATION TO THE CHARLESTON COUNTY COUNCIL THE AUTHORITY TO LEVY IN EXCESS OF NINETY MILLS IN PROPERTY TAXES FOR SCHOOL OPERATIONS, AND TO REQUIRE THIS APPROVAL BY ORDINANCE.
The following Bill was taken up:
S. 21 (Word version) -- Senators Leventis, Branton, McConnell, Rankin and Reese: A BILL TO AMEND SECTION 47-1-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ILL-TREATMENT OF ANIMALS, SO AS TO, AMONG OTHER THINGS, CHANGE VARIOUS PENALTIES, INCLUDING MAKING CERTAIN MISDEMEANOR OFFENSES FELONIES AND ALLOW CERTAIN FIRST OFFENSE VIOLATIONS TO BE TRIED IN MUNICIPAL COURT.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1A (Doc Name COUNCIL\SWB\AMEND\5149DJC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ Section 1. Section 47-1-40 of the 1976 Code, as last amended by Act 367 of 1998, is further amended to read:
"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or by omission or commission causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or by imprisonment not exceeding two years or by a fine not exceeding two thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall be tried in magistrate's or municipal court.
(B) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or by omission or commission causes the acts to be done for any of the offenses is guilty of a misdemeanor felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two five years and by a fine of five thousand dollars.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Rep. Seithel proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9260SOM99):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 20-7-8505 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:
"Section 20-7-8505. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-8510; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services must include in the case of an individual who has been adjudicated for having committed a violent crime as defined in Section 16-1-60, for a crime in which a weapon as defined in Section 59-63-370 was used, for assault and battery against school personnel, as defined in Section 16-3-612, for assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity, or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44, or for torturing or killing an animal as defined in Section 47-1-40(B), notice as set forth in Section 59-63-370. The person's juvenile criminal record must be provided by the Department of Juvenile Justice, the Department of Corrections, or the Department of Probation, Parole and Pardon Services to the principal of any school to which the person is seeking enrollment, upon the principal's request. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION 2. Section 47-1-40 of the 1976 Code, as last amended by Act 367 of 1998, is further amended to read:
"Section 47-1-40. (A) Whoever overloads, overdrives, overworks, or ill-treats any animal, or deprives any animal of necessary sustenance or shelter, or inflicts unnecessary pain or suffering upon any animal, or causes these things to be done, for every offense is guilty of a misdemeanor and, upon conviction, must be punished by imprisonment not exceeding sixty days or by a fine of not less than one hundred dollars nor more than four five hundred dollars, or both, for a first offense; by imprisonment not exceeding ninety days or by a fine not exceeding eight hundred dollars, or both, for a second offense; or is guilty of a felony and must be punished by imprisonment not exceeding two five years or by a fine not exceeding two five thousand dollars, or both, for a third or subsequent offense. Notwithstanding any other provision of law, a first offense under this subsection shall must be tried in magistrate's or municipal court.
(B)(1) Whoever tortures, torments, needlessly mutilates, cruelly kills, or inflicts excessive or repeated unnecessary pain or suffering upon any animal or causes the acts to be done for any of the offenses is guilty of a misdemeanor felony and, upon conviction, must be punished by imprisonment of not less than one hundred eighty days and not to exceed two five years and by a fine of five thousand dollars.
(2) When a minor is convicted of or adjudicated delinquent for the offense in subsection (B)(1), the judge shall order, as part of the sentence, that the minor undergo a psychological evaluation.
(C) This section does not apply to fowl, accepted animal husbandry practices of farm operations and the training of animals, the practice of veterinary medicine, or activity authorized by Title 50."
SECTION 3. Section 59-63-370 of the 1976 Code, as last amended by Act 435 of 1998, is further amended to read:
"Section 59-63-370. Notwithstanding any other provision of law:
(1) When a student who is convicted of or adjudicated delinquent for:
(a) assault and battery against school personnel, as defined in Section 16-3-612,;
(b) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity,;
(c) a violent offense as defined in Section 16-1-60,;
(d) an offense in which a weapon as defined in Section 59-63-370 was used,;
(e) or for distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53 of Title 44; or
(f) torturing or killing an animal as defined in Section 47-1-40(B) is assigned to the Department of Juvenile Justice, the Department of Corrections, or to the Department of Probation, Parole and Pardon Services, that agency is required to provide immediate notice of the student's conviction or adjudication to the senior administrator of the school in which the student is enrolled, intends to be enrolled, or was last enrolled. These agencies are authorized to request information concerning school enrollment from a student convicted of or adjudicated delinquent for an offense listed in this item.
(2) When a student convicted of or adjudicated delinquent for an offense listed in item (1) of this section is not sentenced to incarceration or probation, the presiding judge, shall as part of his sentence, shall order the clerk of the municipal, magistrate, or general sessions court to provide, within ten days, notification of the student's sentence to the appropriate school district for inclusion in the student's permanent record. If the student is under the jurisdiction of the family court and is not referred to the Department of Juvenile Justice, the prosecuting agency must provide notification within ten days to the appropriate school district.
(3) An administrator notified pursuant to this section is required to notify each teacher or instructor in whose class the student is enrolled of a student's conviction of or adjudication for an offense listed in item (1) of this section. This notification must be made to the appropriate teachers or instructors every year the student is enrolled in school.
(4) If a student is convicted of or adjudicated delinquent for an offense listed in item (1) of this section, information concerning the conviction or adjudication and sentencing must be placed in the student's permanent school record and must be forwarded with the student's permanent school records if the student transfers to another school or school district.
A 'weapon', as used in this section, means a firearm, knife with a blade-length of over two inches, dirk, razor, metal knuckles, slingshot, bludgeon, or any other deadly instrument used for the infliction of bodily harm or death."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SEITHEL explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. LOFTIS moved to table the amendment.
Rep. SEITHEL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bowers Davenport Easterday Hamilton Haskins Leach Littlejohn Loftis McMahand Neal, J.H. Rhoad Rice Robinson Rutherford Scott Sharpe Vaughn Walker Witherspoon
Those who voted in the negative are:
Allen Allison Altman Bales Barrett Brown, H. Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Delleney Edge Emory Gamble Gilham Harrison Harvin Hawkins Hayes Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Limehouse Lourie Lucas Maddox Martin McCraw McGee Meacham-Richardson Moody-Lawrence Neal, J.M. Ott Parks Quinn Rodgers Seithel Sheheen Simrill Smith, J. Smith, R. Stille Taylor Townsend Webb Whatley Whipper Wilder Wilkes Wilkins Young-Brickell
So, the House refused to table the amendment.
Rep. SEITHEL spoke in favor of the amendment.
Rep. SHARPE moved to adjourn debate on the Bill until Wednesday, May 10, which was agreed to.
The following Bill was taken up:
H. 4852 (Word version) -- Reps. Neilson, Frye, Gamble, J. Hines, M. Hines, Hosey, Howard, Kelley, Lucas, Scott, Stuart, W. McLeod, Rhoad, Knotts and Whatley: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL HOMESTEAD EXEMPTION FOR TAXPAYERS SIXTY-FIVE AND OVER OR THOSE WHO ARE TOTALLY AND PERMANENTLY DISABLED OR LEGALLY BLIND, SO AS TO PROVIDE THAT THE DOLLAR AMOUNT OF THE HOMESTEAD EXEMPTION SHALL BE ADJUSTED ANNUALLY BEGINNING IN 2000 BY THE COMPTROLLER GENERAL TO REFLECT ANY PERCENTAGE INCREASE IN THE PRIOR YEAR'S CONSUMER PRICE INDEX FOR THE SOUTHEAST REGION AS PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR.
Rep. NEILSON proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\9481HTC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 12-37-250 of the 1976 Code, as last amended by Act 107 of 1997, is further amended by adding a new paragraph at the end:
"The dollar amount of the homestead exemption provided for herein shall be adjusted annually beginning in 2000 by the Comptroller General to reflect any percentage increase in the prior year's consumer price index for the southeast region as published by the United States Department of Labor."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Rep. BOWERS proposed the following Amendment No.5 (Doc Name COUNCIL\GJK\AMEND\21288SD00), which was ruled out of order:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The third paragraph of Section 59-20-20(3) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"The index of taxpaying ability for a particular current year shall not include the assessed value of property in a school district which is classified under Section 12-43-220(a) and Section 12-43-220(e), which is at least fifteen five percent of the total assessed value of real property in the school district, which on February first of the year has been in bankruptcy status for a minimum of thirty consecutive months, and on which no local school property taxes have been collected for at least two consecutive fiscal years the previous year. It is the responsibility of the county auditor to report such exclusions from the index to the Department of Revenue and to immediately notify the Department of Revenue of any change in the bankruptcy status of such real property or any collection of school property taxes from such real property."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOWERS explained the amendment.
Rep. HARRELL raised the Point of Order that Amendment No. 5 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Koon Lanford Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
I was not available to vote for H. 4852, but I helped to get it passed earlier and would have voted for it again.
Rep. Becky R. Martin
The following Bill was taken up:
H. 3927 (Word version) -- Reps. Sharpe and Knotts: A BILL TO AMEND SECTION 44-96-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOLID WASTE POLICY AND MANAGEMENT ACT OF 1991, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 44-96-50 RELATING TO SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE GOAL TO BE THREE AND ONE-HALF POUNDS PER DAY OF MUNICIPAL SOLID WASTE AND TO DEFINE THAT TERM; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN AND ANNUAL REPORT, SO AS TO REQUIRE THE SUCCESS OF MUNICIPALITIES IN ACHIEVING SOLID WASTE RECYCLING AND REDUCTION GOALS TO BE INCLUDED IN THE ANNUAL REPORT AND TO AUTHORIZE THE DEPARTMENT TO ESTABLISH PROCEDURES TO OBTAIN RECYCLING DATA; TO AMEND SECTION 44-96-80 RELATING TO COUNTY AND REGIONAL SOLID WASTE PLANS AND GOVERNMENTAL RESPONSIBILITIES, SO AS TO DELETE THE PROVISION AUTHORIZING A TEN DOLLAR FEE ON ALL SOLID WASTE GENERATED OUT OF STATE AND DISPOSED OF IN STATE; TO AMEND SECTION 44-96-110 RELATING TO THE OFFICE OF SOLID WASTE REDUCTION AND RECYCLING, SO AS TO REVISE THE DUTIES AND RESPONSIBILITIES OF THE OFFICE, INCLUDING REVISIONS TO THE SCHOOL DISTRICT RECYCLING PROJECTS; TO AMEND SECTION 44-96-120, AS AMENDED, RELATING TO THE SOLID WASTE MANAGEMENT TRUST FUND SO AS TO INCLUDE GRANTS TO PUBLIC AND PRIVATE SCHOOLS, COLLEGES, AND UNIVERSITIES FOR WASTE REDUCTION AND RECYCLING EDUCATION PROGRAM; AS PROGRAMS TO BE FUNDED BY THE TRUST FUND AND TO CHANGE THE NAME OF THE WASTE TIRE GRANT TRUST FUND AS THE WASTE TIRE TRUST FUND; TO AMEND SECTION 44-96-130 RELATING TO THE SOLID WASTE MANAGEMENT GRANT PROGRAM SO AS TO SPECIFY THE USE OF CERTAIN GRANT FUNDS AND TO REQUIRE THAT GRANTS BE MADE AVAILABLE TO LOCAL GOVERNMENTS IN NEED OF ASSISTANCE IN CARRYING OUT THEIR RESPONSIBILITIES UNDER THE SOLID WASTE POLICY AND MANAGEMENT ACT; TO AMEND SECTION 44-96-140, AS AMENDED, RELATING TO STATE GOVERNMENT RECYCLING PROGRAMS, SO AS TO REQUIRE STATE AGENCIES AND STATE INSTITUTIONS OF HIGHER LEARNING TO SUBMIT AN ANNUAL REPORT ON ITS SOURCE SEPARATION AND RECYCLING PROGRAM; TO AMEND SECTION 44-96-150 RELATING TO DISPOSAL OF PACKAGING AND PLASTICS, SO AS TO AUTHORIZE A MANUFACTURER OR DISTRIBUTOR OF PLASTIC RESIN CONTAINERS TO ADOPT A LABELING CODE THAT WILL ASSIST IN SEGREGATION AND COLLECTION OF THAT RESIN FOR RECYCLING; TO AMEND SECTION 44-96-160, AS AMENDED, RELATING TO DISPOSAL OF USED OIL, SO AS TO ALSO PROHIBIT DISPOSING OF USED OIL FILTERS IN LANDFILLS UNLESS THE FILTER HAS BEEN REDUCED IN VOLUME, TO AMEND SECTION 44-96-170, AS AMENDED, RELATING TO DISPOSAL OF WASTE TIRES, SO AS TO REVISE TIPPING FEES ON WASTE TIRES, TO REVISE WHERE WASTE TIRES MAY BE DISPOSED OF, TO ESTABLISH STATE POLICY FOR MANAGEMENT OF WASTE TIRES, TO REVISE PROCEDURES FOR OBTAINING REFUNDS FOR DELIVERY OF WASTE TIRES TO PERMITTED OR APPROVED FACILITIES; TO REVISE THE PURPOSES FOR WASTE TIRE GRANTS, AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE CERTAIN TIRE HAULERS, PROCESSORS, AND FACILITIES TO COMPLY WITH RECORDKEEPING AND REPORTING REQUIREMENTS; TO AMEND SECTION 44-96-180, AS AMENDED, RELATING TO DISPOSAL OF LEAD-ACID BATTERIES, SO AS TO REQUIRE PERSONS SELLING THESE BATTERIES TO POST NOTICE CONCERNING DISPOSAL REQUIREMENTS IN A PLACE VISIBLE TO CUSTOMERS; TO AMEND SECTION 44-96-290, AS AMENDED, RELATING TO PERMITTING A SOLID WASTE MANAGEMENT FACILITY, SO AS TO DELETE PROVISIONS RELATING TO PERMITTING A NEW OR AN EXPANSION OF AN EXISTING SOLID WASTE MANAGEMENT FACILITY AND TO REQUIRE PUBLIC NOTICE WHEN A PERMIT IS SOUGHT FOR A NEW OR EXPANSION OF AN EXISTING MUNICIPAL SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-350 RELATING TO MINIMUM REQUIREMENTS FOR THE MANAGEMENT OF MUNICIPAL SOLID WASTE INCINERATOR ASH, SO AS TO REVISE THE REQUIREMENTS FOR THE DISPOSAL OF THIS ASH IN A SOLID WASTE LANDFILL; TO AMEND SECTION 44-96-470 RELATING TO FACILITY ISSUES NEGOTIATION PROCESS, SO AS TO DEFINE THE TERM "AFFECTED COUNTY" AND TO REVISE THE APPLICATION PROCEDURES FOR SOLID WASTE DISPOSAL FACILITY PERMITS; AND TO REPEAL SECTION 44-96-230 RELATING TO THE STATE RECYCLING SYMBOL.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22574AC00), which was adopted:
Amend the bill, as and if amended, Section 44-96-170, by deleting subsection (R) on page 25, lines 27-35 and inserting:
/ "(R) Upon the cessation of the existence of the State Notwithstanding subsection (N), the department may use funds from the Waste Tire Trust Fund to fund activities of the department to implement provisions of this section to promote the recycling of waste tires and to encourage higher end uses of waste tires. The use of these funds must be reviewed annually by the Waste Tire Committee and the Solid Waste Advisory Council,. The Office of Recycling Market Development Advisory Council and the Solid Waste Reduction and Recycling shall receive Advisory Council also may make recommendations from the committee to the office for use of these funds." /
Amend the bill further, by deleting Section 16, beginning on page 26 and inserting:
/ SECTION 16. Section 44-96-290(F) and (G) of the 1976 Code, as added by Act 63 of 1991, are amended to read:
"(F) In considering a demonstration of need from an applicant to construct a new facility prior to adoption and approval of state and county or regional solid waste plans as required by Sections 44-96-60 and 44-96-80, the department may only consider the amount of waste generated within this State; except that no county or proposed region may be required to use any facility permitted during this interim period unless the governing body of the county or the governing bodies of the counties in a proposed region adopt a resolution expressing their intent to use the facility. The governing body of the county in which such landfill will be located shall request that the department issue a permit to the new facility. Any new facility which is to be permitted must comply with zoning and land use ordinances and must meet the requirements of Sections 44-96-320, 44-96-330, and 44-96-350.
In considering a demonstration of need from an applicant to construct an expansion to an existing permitted facility prior to adoption and approval of state and county or regional solid waste plans as required by Sections 44-96-60 and 44-96-80, the department may only consider the amount of waste generated within this State; except that no county or proposed region may be required to use any facility permitted during this interim period unless the governing body of the county or the governing bodies of the counties in a proposed region adopt a resolution expressing their intent to use the facility. Any expansion to an existing facility which is to be permitted must comply with zoning and land use ordinances and must meet the requirements of Sections 44-96-320, 44-96-330, and 44-96-350. For the purpose of this subsection, "expansion" means the process of increasing existing capacity of operations at an existing site when such increase is in conformity with the service area and scope of operations of the original permit. During the interim period, the department shall take into account financial impact on the county for expansions of county landfill facilities which are at or near their permitted capacity in determining whether to require the county to meet all or a portion of the minimum requirements of Sections 44-96-320, 44-96-330, and 44-96-350.
In order to promote the comprehensive and proper management of solid waste in South Carolina and protect the public health and welfare of its citizens, prior to the adoption of the state and county or regional solid waste management plans as required under Sections 44-96-60 and 44-96-80, and prior to the promulgation of regulations required by Sections 44-96-340 and 44-96-350, whichever comes later, no new or expanded solid waste facility, which proposed to incinerate solid waste, may be sited or permitted without a finding by the Board of Health and Environmental Control that the new or expanded facility is necessary to prevent an imminent and substantial threat to the health of persons or the environment.
This subsection does not apply to inert or cellulosic solid waste facilities which are not commercial facilities or to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the solid waste management facility if the industrial facility is not a commercial solid waste management facility.
(G) Any new solid waste management facility or proposed expansion of an existing solid waste management facility must meet the requirements of this subsection and all location restrictions of the applicable regulation at the time that the permit application is deemed by the department to be administratively complete. 'Administratively complete' means a determination by the department that all elements of an application, as specified in the applicable regulation and including, but not limited to, all required signatures and tender of the application fee, where required, have been received. No permit to construct a new solid waste management facility or to expand an existing solid waste management facility within a county or municipality may be issued by the department unless the proposed facility or expansion is consistent, at the time the permit application is deemed administratively complete by the department, with local zoning, land use, and other applicable local ordinances, if any; that, eighteen months after the date of enactment of this chapter, the proposed facility or expansion is consistent, at the time that the permit application is deemed administratively complete by the department, with the local or regional solid waste management plan and the state solid waste management plan; and that, one year after the end of the one hundred eighty-day review period, the host jurisdiction and the jurisdiction generating solid waste destined for the proposed facility or expansion can demonstrate that they are actively involved in and have a strategy for meeting the statewide goal of waste reduction established in this chapter. This subsection shall not apply to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the waste management facility. However, the facilities shall be consistent with the applicable local zoning and land use ordinances, if any; and provided, further, that the industrial facility is not a commercial solid waste management facility." /
Amend the bill further, by adding an appropriately numbered SECTION to read:
/ SECTION _____. Section 44-96-60(B) of the 1976 Code, as added by Act 63 of 1991, is amended to read:
"(B) After submission of the state solid waste management plan, the department shall submit to the Governor and to the General Assembly by the end March 15 of each calendar year a comprehensive report on solid waste management in this State for the previous year. The annual report, shall, at a minimum, include:
(1) any revisions in the state solid waste management plan which the department determines are necessary;
(2) a description and evaluation of the progress made in implementing the state solid waste management plan;
(3) a description and evaluation of the progress made by local governments in implementing their solid waste management plans;
(4) an inventory of the amounts and types of solid waste received, recycled, incinerated, or disposed at solid waste disposal facilities during the previous year and the methods of recycling, incineration, or disposal used, including, but not limited to, paper, polystyrene, and beverage containers;
(5) a determination of the success of the State and of each county or region in achieving the solid waste recycling and reduction goals established in Section 44-96-50;
(6) recommendations to the Governor and to the General Assembly for improving the management of solid waste in this State; and
(7) the number of lead-acid batteries recycled." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WILKES explained the amendment.
The amendment was then adopted.
Rep. W. MCLEOD proposed the following Amendment No. 2 (Doc Name COUNCIL\GJK\AMEND\21241SOM00), which was adopted:
Amend the bill, as and if amended, by deleting Section 44-96-290(F) and (G) as contained in SECTION 16 and inserting:
/ SECTION 16. Section 44-96-290(F) and (G) of the 1976 Code, as added by Act 63 of 1991, are amended to read:
"(F) In considering a demonstration of need from an applicant to construct a new facility prior to adoption and approval of state and county or regional solid waste plans as required by Sections 44-96-60 and 44-96-80, the department may only consider the amount of waste generated within this State; except that no county or proposed region may be required to use any facility permitted during this interim period unless the governing body of the county or the governing bodies of the counties in a proposed region adopt a resolution expressing their intent to use the facility. The governing body of the county in which such landfill will be located shall request that the department issue a permit to the new facility. Any new facility which is to be permitted must comply with zoning and land use ordinances and must meet the requirements of Sections 44-96-320, 44-96-330, and 44-96-350.
In considering a demonstration of need from an applicant to construct an expansion to an existing permitted facility prior to adoption and approval of state and county or regional solid waste plans as required by Sections 44-96-60 and 44-96-80, the department may only consider the amount of waste generated within this State; except that no county or proposed region may be required to use any facility permitted during this interim period unless the governing body of the county or the governing bodies of the counties in a proposed region adopt a resolution expressing their intent to use the facility. Any expansion to an existing facility which is to be permitted must comply with zoning and land use ordinances and must meet the requirements of Sections 44-96-320, 44-96-330, and 44-96-350. For the purpose of this subsection, "expansion" means the process of increasing existing capacity of operations at an existing site when such increase is in conformity with the service area and scope of operations of the original permit. During the interim period, the department shall take into account financial impact on the county for expansions of county landfill facilities which are at or near their permitted capacity in determining whether to require the county to meet all or a portion of the minimum requirements of Sections 44-96-320, 44-96-330, and 44-96-350.
In order to promote the comprehensive and proper management of solid waste in South Carolina and protect the public health and welfare of its citizens, prior to the adoption of the state and county or regional solid waste management plans as required under Sections 44-96-60 and 44-96-80, and prior to the promulgation of regulations required by Sections 44-96-340 and 44-96-350, whichever comes later, no new or expanded solid waste facility, which proposed to incinerate solid waste, may be sited or permitted without a finding by the Board of Health and Environmental Control that the new or expanded facility is necessary to prevent an imminent and substantial threat to the health of persons or the environment.
This subsection does not apply to inert or cellulosic solid waste facilities which are not commercial facilities or to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the solid waste management facility if the industrial facility is not a commercial solid waste management facility.
(G) No permit to construct a new solid waste management facility or to expand an existing solid waste management facility within a county or municipality may be issued by the department unless the proposed facility or expansion is consistent_with local zoning, land use, and other applicable local ordinances, if any; that, eighteen months after the date of enactment of this chapter, the proposed facility or expansion is consistent with the local or regional solid waste management plan and the state solid waste management plan; and that, one year after the end of the one hundred eighty-day review period, the host jurisdiction and the jurisdiction generating solid waste destined for the proposed facility or expansion can demonstrate that they are actively involved in and have a strategy for meeting the statewide goal of waste reduction established in this chapter. This subsection shall not apply to industrial facilities managing solid waste generated in the course of normal operations on property under the same ownership or control as the waste management facility. However, the facilities shall be consistent with the applicable local zoning and land use ordinances, if any; and provided, further, that the industrial facility is not a commercial solid waste management facility." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. W. MCLEOD explained the amendment.
The amendment was then adopted.
Rep. WILKES explained the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Battle Bowers Breeland Brown, G. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harvin Haskins Hawkins Hayes Hines, J. Hinson Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McLeod, M. McLeod, W. Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Townsend Tripp Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up:
H. 4856 (Word version) -- Reps. Robinson, Koon, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Gamble, Gilham, Hamilton, Harrell, Harvin, Frye, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker, Witherspoon, Leach and Loftis: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO ALLOW THE GOVERNING BODY OF A COUNTY BY ORDINANCE TO EXEMPT PRIVATE PASSENGER MOTOR VEHICLES AND MOTORCYCLES FROM PROPERTY TAXES LEVIED IN THE COUNTY AND TO ALLOW THIS EXEMPTION ONLY PURSUANT TO A REFERENDUM HELD IN THE COUNTY IN THE MANNER THAT THE GENERAL ASSEMBLY PROVIDES BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that Section 3, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:
"In addition to the exemptions provided and authorized in this section, the governing body of a county by ordinance may exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county. This exemption, or its subsequent rescission, is allowed only pursuant to a referendum held in the county in the manner that the General Assembly provides by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 3, Article X of the Constitution of this State, relating to property tax exemptions be amended so as to allow the governing body of a county by ordinance to exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county and to allow this exemption or its subsequent rescission, only pursuant to a referendum held in the county in the manner that the General Assembly provides by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend totals and title to conform.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9471HTC00), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 3, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:
"In addition to the exemptions provided and authorized in this section, the governing body of a county by ordinance may exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county. This exemption is allowed only pursuant to a referendum held in the county in the manner that the General Assembly provides by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 3, Article X of the Constitution of this State, relating to property tax exemptions be amended so as to allow the governing body of a county by ordinance to exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county and to allow this exemption only pursuant to a referendum held in the county in the manner that the General Assembly provides by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. PINCKNEY spoke against the amendment.
Rep. KIRSH spoke against the amendment.
Rep. W. MCLEOD spoke against the amendment.
Rep. D. SMITH spoke in favor of the amendment.
Rep. SIMRILL spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bales Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hinson Howard Keegan Kelley Kennedy Klauber Knotts Koon Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, M. Meacham-Richardson Neilson Perry Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Vaughn Webb Whatley Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Battle Bowers Breeland Brown, G. Brown, T. Clyburn Cobb-Hunter Delleney Emory Frye Gourdine Govan Hines, J. Huggins Jennings Kirsh Lloyd Mack McLeod, W. Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rhoad Rutherford Scott Sheheen Stille Whipper Wilder Wilkes
So, the amendment was adopted.
Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\9491HTC00), which was adopted:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 3, Article X of the Constitution of this State be amended by adding a new paragraph at the end to read:
"In addition to the exemptions provided and authorized in this section, the governing body of a county by ordinance may exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county. This exemption, or its subsequent rescission, is allowed only pursuant to a referendum held in the county in the manner that the General Assembly provides by law."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 3, Article X of the Constitution of this State, relating to property tax exemptions be amended so as to allow the governing body of a county by ordinance to exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county and to allow this exemption or its subsequent rescission, only pursuant to a referendum held in the county in the manner that the General Assembly provides by law?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Rep. W. MCLEOD proposed the following Amendment No. 3 (Doc Name COUNCIL\BBM\AMEND\9532HTC00), which was tabled:
Amend the joint resolution, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. It is proposed that Section 3, Article X of the Constitution of this State be amended by inserting before the last paragraph.
"(k) private passenger motor vehicles, light trucks, motorcycles, boats, and boat motors as these are defined by the General Assembly by law, but this exemption applies only if property taxing jurisdictions are reimbursed for the revenues not collected because of this exemption from the proceeds of a statewide sales and use tax imposed specifically for this purpose."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Must Section 3, Article X of the Constitution of this State, relating to property tax exemptions be amended so as to exempt from property tax private passenger motor vehicles, light trucks, motorcycles, boats, and boat motors, as these items are defined by the General Assembly by law, to provide that this exemption applies only if property taxing jurisdictions are reimbursed for the revenues not collected because of this exemption and to require the reimbursement to be paid from the proceeds of a statewide sales and use tax imposed specifically for this purpose?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'." /
Renumber sections to conform.
Amend title to conform.
Rep. W. MCLEOD explained the amendment.
Rep. W. MCLEOD spoke in favor of the amendment.
The SPEAKER PRO TEMPORE granted Rep. VAUGHN a leave of absence for the remainder of the day.
Rep. W. MCLEOD continued speaking.
Rep. W. MCLEOD moved to adjourn debate on the Joint Resolution.
Rep. ROBINSON moved to table the motion.
Rep. KENNEDY demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Huggins Keegan Kelley Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Maddox Martin McCraw McGee Meacham-Richardson Neilson Perry Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Bales Battle Bowers Breeland Brown, G. Carnell Clyburn Cobb-Hunter Emory Frye Gourdine Govan Hines, J. Howard Jennings Kennedy Kirsh Lloyd Mack McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Rutherford Scott Sheheen Stille Whipper Wilder
So, the motion to adjourn debate was tabled.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Gilham Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Howard Huggins Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Maddox Martin McCraw McGee McLeod, M. Meacham-Richardson Miller Neilson Perry Quinn Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Simrill Smith, J. Smith, R. Stille Stuart Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Breeland Brown, G. Clyburn Emory Frye Govan Hayes Hines, J. Jennings Kirsh McLeod, W. McMahand Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Pinckney Sheheen Whipper
So, the Joint Resolution, as amended, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up:
H. 4854 (Word version) -- Reps. Robinson, Koon, Limehouse, Allison, Barfield, H. Brown, Davenport, Easterday, Edge, Frye, Gamble, Gilham, Hamilton, Harrell, Harvin, Law, Littlejohn, Martin, Rice, Riser, Rodgers, Stille, Stuart, Taylor, Walker and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL SALES AND USE TAXES, ENACTING THE MOTOR VEHICLE PROPERTY TAX EXEMPTION SALES TAX ACT, SO AS TO AUTHORIZE THE IMPOSITION BY REFERENDUM APPROVAL OF A SALES AND USE TAX IN A COUNTY IN INCREMENTS OF ONE-TENTH OF ONE PERCENT, NOT TO EXCEED TWO PERCENT, TO PROVIDE FOR THESE CIRCUMSTANCES RESULTING IN RESCINDING THE TAX, AND TO REQUIRE THE TAX REVENUE TO BE USED TO REPLACE PROPERTY TAX REVENUES NOT COLLECTED ON PRIVATE PASSENGER MOTOR VEHICLE AND MOTORCYCLES WHICH ARE EXEMPT FROM PROPERTY TAXES LEVIED IN THE COUNTY IF A MAJORITY IN THE REFERENDUM FAVOR THE SALES TAX.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9472HTC00), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 10, Title 4 of the 1976 Code is amended by adding:
Section 4-10-510. This article may be cited as the 'Personal Property Tax Exemption Sales Tax Act'.
Section 4-10-520. This article provides the only method in which the governing body of a county by ordinance may exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property taxes levied in the county as provided in Section 3, Article X of the Constitution of this State.
Section 4-10-530. As used in this article, a county has the meaning provided for 'county areas' in Section 4-10-10(1).
Section 4-10-540. Subject to the requirements of this article, the county council by ordinance may impose a sales and use tax in increments of one-tenth of one percent, not to exceed two percent, subject to referendum approval. The rate of the tax must be set at an amount expressed in tenths of one percent estimated to be sufficient to produce revenues that do not exceed those necessary to replace private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors property tax revenue in the county in the most recently completed fiscal year, but in no case more than two percent. The county council must obtain from the Department of Revenue the department's certified estimate of the rate of sales and use tax necessary in the county to equal property tax revenues derived from this property in the latest completed fiscal year. If this rate exceeds two percent, the maximum rate the department may certify is two percent. This certified rate is the rate of tax that appears in the referendum question.
Section 4-10-550. (A) The sales and use tax authorized by this article is imposed by an enacting ordinance of the county council.
(B) Upon receipt of the ordinance, the county election commission shall conduct a referendum on the question of imposing the sales and use tax. A referendum for this purpose must be held at the time of the general election. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.
(C) The referendum question to be on the ballot must read substantially as follows:
'Must a (rate) sales and use tax be imposed in (county) to replace property tax revenues not collected because of a one hundred percent property tax exemption for private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors otherwise taxable in the county?
(D) All qualified electors desiring to vote in favor of imposing the tax shall vote 'Yes' and all qualified electors opposed to imposing the tax shall vote 'No'. If a majority of the votes cast are in favor of imposing the tax, then the tax is imposed as provided in this article and beginning for motor vehicle tax years beginning on and after that date, and all other property tax years beginning after the year in which the referendum is held, all private passenger motor vehicles as defined in Section 56-3-630, motorcycles, general aviation aircraft, boats, and boat motors otherwise taxable in the county are exempt from property taxes levied in the county. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county governing body and to the Department of Revenue.
(E) Upon receipt of the returns of the referendum, the county council, by resolution, shall declare the results thereof. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.
Section 4-10-560. If the sales and use tax is approved in the referendum, the tax is imposed on the first of July following the date of the referendum. If the certification is not timely made to the Department of Revenue, the imposition and property tax exemption is postponed for twelve months.
Section 4-10-570. (A) Upon petition of at least fifteen percent of the qualified electors of a county presented to the county council of the county which has implemented the sales and use tax authorized by this article requesting that this tax be rescinded, the council shall direct the county election commission to conduct a referendum on the question of rescinding the sales and use tax. A referendum for this purpose must be held on the Tuesday following the first Monday in November following verification of the petition. Two weeks before the referendum the election commission shall publish in a newspaper of general circulation the question that is to appear on the ballot. This notice is in lieu of any other notice otherwise required by law.
(B) The referendum question to be on the ballot must read substantially as follows:
'Must the (rate) sales and use tax imposed in (county) be rescinded with the revenue not collected replaced by extending the property tax to private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors previously not subject to property tax in this county?
(C)(1) All qualified electors desiring to vote in favor of rescinding the tax shall vote 'Yes' and all qualified electors opposed to rescinding the tax shall vote 'No'. If a majority of the votes cast are in favor of rescinding the tax, then the tax is rescinded effective July first following the referendum and property taxes apply to all private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors taxable in the county for motor vehicle tax years beginning after June 30 following the referendum and other property tax years beginning after the year in which the referendum is held. The election commission shall conduct the referendum under the election laws of this State, mutatis mutandis, and shall certify the result no later than December thirty-first to the county council. If a majority 'Yes' vote is certified, it must be certified to the Department of Revenue by the same date.
(2) Upon receipt of the return of the referendum, the county council shall declare the results thereof by resolution. The results of the referendum may not be questioned except by a suit or proceeding instituted within thirty days from the date the resolution is adopted.
(D) A referendum for rescission of this tax may not be held earlier than two years after the tax has been imposed in the county. If a majority of the qualified electors voting in the rescission referendum vote against rescinding the tax, no further rescission referendums may be held for a period of two years. If a majority of the qualified electors vote in favor of rescinding the tax, the tax may not be reimposed in the county for a period of two years. The petition requesting rescission must be presented to the county governing body at least one hundred twenty days before the Tuesday following the first Monday of November of that year or the referendum must be held on the Tuesday following the first Monday of November of the following year.
Section 4-10-580. (A) The tax levied pursuant to this article must be administered and collected by the Department of Revenue in the same manner that other sales and use taxes are collected. The department may prescribe amounts that may be added to the sales price because of the tax.
(B) The tax authorized by this article is in addition to all other local sales and use taxes and applies to the gross proceeds of sales in the applicable area that is subject to the tax imposed by Chapter 36 of Title 12 and the enforcement provisions of Chapter 54 of Title 12. The gross proceeds of the sale of items subject to a maximum tax in Chapter 36 of Title 12 are exempt from the tax imposed by this article. The tax imposed by this article also applies to tangible personal property subject to the use tax in Article 13, Chapter 36 of Title 12.
(C) Taxpayers required to remit taxes under Article 13, Chapter 36 of Title 12 shall identify the county in which the personal property purchased at retail is stored, used, or consumed in this State.
(D) Utilities shall report sales in the county in which the consumption of the tangible personal property occurs.
(E) A taxpayer subject to the tax imposed by Section 12-36-920, who owns or manages rental units in more than one county shall report separately in his sales tax return the total gross proceeds from business done in each county.
(F) The gross proceeds of sales of tangible personal property delivered after the imposition date of the tax levied under this article in a county, either under the terms of a construction contract executed before the imposition date, or a written bid submitted before the imposition date, culminating in a construction contract entered into before or after the imposition date, are exempt from the sales and use tax provided in this article if a verified copy of the contract is filed with the Department of Revenue within six months after the imposition date of the sales and use tax provided for in this article.
(G) Notwithstanding the imposition date of the sales and use tax authorized pursuant to this chapter, with respect to services that are billed regularly on a monthly basis, the sales and use tax authorized pursuant to this article is imposed beginning on the first day of the billing period beginning on or after the imposition date.
Section 4-10-590. (A) The revenues of the tax collected under this article must be remitted to the Department of Revenue and placed on deposit with the State Treasurer and credited to a fund separate and distinct from the general fund of the State. After deducting the amount of any refunds made and costs to the Department of Revenue of administering the tax, not to exceed one percent of the revenues, the State Treasurer shall distribute the revenues quarterly to the county treasurer of the county in which the tax is imposed. The State Treasurer may correct misallocations by adjusting subsequent distributions, but these adjustments must be made in the same fiscal year as the misallocations.
(B) Revenues of the tax must be distributed by the county treasurer to the general funds of property taxing entities in the county in the proportion that each such entity collects of all property taxes levied in the county.
Section 4-10-600. The Department of Revenue shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information that must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240."
SECTION 2. This act takes effect upon ratification of an amendment to Section 3, Article X of the Constitution of this State authorizing the governing body of a county by ordinance to exempt private passenger motor vehicles, motorcycles, general aviation aircraft, boats, and boat motors from property tax levied in the county pursuant to a referendum held in the county. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Reps. HARRELL, ROBINSON and YOUNG-BRICKELL proposed the following Amendment No. 2 (Doc BBM\AMEND\9466HTC00), which was adopted:
Amend the bill, as and if amended, by striking Section 4-10-540, as contained in SECTION 1, page 2, and inserting:
/ Section 4-10-540. (A) Subject to the requirements of this article, the county council by ordinance may impose a sales and use tax in increments of one-tenth of one percent, not to exceed two percent, subject to referendum approval. The rate of the tax must be set at an amount expressed in tenths of one percent estimated to be sufficient to produce revenues that do not exceed those necessary to replace private passenger motor vehicle and motorcycle property taxes revenue in the county in the most recently completed fiscal year, but in no case more than two percent. The county council must obtain from the Board of Economic Advisors the board's certified estimate of the rate of sales and use tax necessary in the county to equal property tax revenues derived from private passenger motor vehicles and motorcycles in the latest completed fiscal year. If this rate exceeds two percent, the maximum rate the board may certify is two percent. This certified rate is the rate of tax that must appear in the referendum question. If the revenue of a two percent tax does not at least equal the revenue not collected, then for the first year of implementation, the shortfall must be made up by a distribution to the county from the Trust Fund for Tax Relief, and this distribution is considered additional sales tax revenue pursuant to this article. Thereafter, this distribution must be adjusted by an amount equal to any increase in the consumer price index in the most recently completed calendar year, but in no case may this distribution result in a reimbursement to a county that exceeds the personal property tax revenue not collected because of the exemption allowed by this article.
(B) If the property tax assessment ratio applicable to private passenger motor vehicles and motor cycles is reduced, then for a county where the tax allowed by this article is imposed, the board shall certify a new tax rate applying the reduced assessment ratio to the assessed value of vehicles in the county in the most recently completed fiscal year, using the millage applicable for that fiscal year, and calculate a tax rate sufficient to produce that revenue in a fiscal year, not to exceed two percent. This new rate applies effective beginning with the month the assessment ratio changes and continues to apply while that assessment ratio applies or until the tax is rescinded. /
Amend further, as and if amended, in Section 4-10-600, as contained in SECTION 1, page 6, by striking Section 4-10-600 and inserting:
/ Section 4-10-600. The Board of Economic Advisors shall furnish data to the State Treasurer and to the counties receiving revenues for the purpose of calculating distributions and estimating revenues. The information that must be supplied to counties upon request includes, but is not limited to, gross receipts, net taxable sales, and tax liability by taxpayers. Information about a specific taxpayer is considered confidential and is governed by the provisions of Section 12-54-240. A person violating this section is subject to the penalties provided in Section 12-54-240. /
Amend further, as and if amended, page 6, by striking SECTION 2 and inserting:
/ SECTION 2. Section 11-11-150(A) of the 1976 Code, as added by Act 419 of 1998, is amended to read:
"(A) In calculating estimated state individual and corporate income tax revenues for a fiscal year the Board of Economic Advisors shall deduct amounts sufficient to pay the reimbursement required pursuant to:
(1) Section 12-37-251 for the residential property tax exemption;
(2) Section 12-37-270 for the homestead exemption for persons over age sixty-five or disabled;
(3) Section 12-37-935(B) for manufacturer's additional depreciation; and
(4) Section 12-37-450 for the inventory tax exemption; and
(5) Section 4-10-540(A) for the reimbursement provided for personal property taxes not collected on private passenger motor vehicles and motorcycles."
SECTION 3. This act takes effect upon ratification of an amendment to Section 3, Article X of the Constitution of this State authorizing the governing body of a county by ordinance to exempt private passenger motor vehicles and motorcycles from property tax levied in the county pursuant to a referendum held in the county. /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
The amendment was then adopted.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Battle Bowers Brown, G. Brown, H. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gourdine Hamilton Harrell Harrison Harvin Haskins Hawkins Hayes Hines, J. Hinson Howard Huggins Keegan Kelley Kennedy Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox McCraw McGee McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Quinn Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith, D. Smith, J. Smith, R. Stille Stuart Townsend Tripp Trotter Walker Webb Whipper Wilder Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Jennings Kirsh Sheheen
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. SANDIFER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4973 (Word version) -- Reps. Govan, Cobb-Hunter, Ott, Sharpe and Stuart: A CONCURRENT RESOLUTION CONGRATULATING COACH EDWARD PELLMAN AND THE ORANGEBURG-WILKINSON HIGH SCHOOL BASKETBALL BRUINETTES ON THEIR THIRD GIRLS' CLASS 4-A STATE BASKETBALL CROWN, PROVING THEIR TEAM SLOGAN: "WHERE WINNING IS NOT A HABIT--IT'S A TRADITION".
H. 4977 (Word version) -- Rep. Perry: A CONCURRENT RESOLUTION TO COMMEND ANDY OSWALD, JOHN HAMILTON, AND MARK PATTERSON OF AIKEN FOR THEIR HEROIC ASSISTANCE WITHOUT REGARD TO THEIR PERSONAL SAFETY IN APPREHENDING A BURGLAR WHO HAD ROBBED AND ASSAULTED THEIR NEIGHBOR.
H. 4983 (Word version) -- Reps. Howard and Rutherford: A CONCURRENT RESOLUTION TO EXTEND THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE W. J. KEENAN HIGH SCHOOL "RAIDERS" BOYS BASKETBALL TEAM OF RICHLAND COUNTY AND THEIR COACHES FOR AN EXCEPTIONAL SEASON AND ON THE OCCASION OF WINNING THE 1999-2000 CLASS AAA STATE BASKETBALL CHAMPIONSHIP.
At 4:30 p.m. the House, in accordance with the motion of Rep. BARFIELD, adjourned in memory of William A. "Red" White, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Friday, June 26, 2009 at 9:19 A.M.