Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
We thank You, Heavenly Father, for these moments of prayer, when we lift our thoughts to You. When this prayer is finished, continue Your presence with us. When the burdens are heavy, give us strength to carry them. When the pressures are great, grant us inner peace. When the days are long and the demands irksome, give us an ability to think clearly and act wisely. Keep us able to bear the wounds of criticism, the hurt of misunderstanding, the pain of misjudged motives, and the monotony of daily toil. Yours, O Lord, is the power and the glory forever and ever. 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 Friday, the SPEAKER ordered it confirmed.
Rep. YOUNG-BRICKELL moved that when the House adjourns, it adjourn in memory of Charles Davis of Summerville, which was agreed to.
The following was received.
Memorandum To: Clerk of the House
Clerk of the Senate
Re: Transcript of Hearings
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Olin Phillips
Chairman
Pursuant to Act 119 of 1975, the Committee to Screen Candidates for Boards of Trustees of State Colleges and Universities was convened to consider the qualifications of candidates seeking to fill certain positions on boards of trustees of the state's colleges and universities. The committee conducts such investigation of each candidate as it deems appropriate and reports its findings to the General Assembly prior to the election. It is not the function of the committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. The purpose of the committee is instead to determine whether a candidate is qualified and under the statute, the committee is instead to determine whether a candidate is qualified and under the statute, the committee's determination in that regard is not binding upon the General Assembly. The candidates are:
Coastal Carolina University
Mr. George Anderson (Myrtle Beach) Seat 1, District 1
Francis Marion University
Mrs. Patricia Edmonds (Greenwood) Seat 6, District 3
Mr. Joel E. Hill (Seneca) Seat 6, District 3
Respectfully submitted,
/s/Rep. Olin Phillips, Chm.
/s/Sen. Joe Wilson, V-Chm.
/s/Rep. Curtis Inabinett, Sec.
/s/Sen. Warren K. Giese
/s/Rep. Lanny Littlejohn
Sen. Maggie W. Glover
/s/Rep. Margaret Gamble
/s/Sen. James E. Bryan, Jr.
The meeting was conducted on May 5th, 1999 at 427 Blatt Building, Room 501, Columbia, South Carolina, before Sonya S. Keesee, Court Reporter and Notary Public in and for the State of South Carolina.
APPEARANCES: Representative Olin Phillips
Senator James E. Bryan, Jr.
ALSO PRESENT: Sophia Floyd
REPRESENTATIVE PHILLIPS: We call the meeting to order. And I'd like to introduce the committee that is here. Senator Jim Bryan from Laurens, and myself, Representative Olin Phillips from Cherokee. First, we'll do Coastal Carolina University, Mr. George Anderson, Seat 1, District 1. Mr. Anderson, if you'd stand and raise your right hand, sir. The information you give here today will be the truth and nothing but the truth, so help you?
MR. ANDERSON: Yes.
REPRESENTATIVE PHILLIPS: Thank you, sir. Do you have any health-related problems that would prevent you from serving on the Board in a full capacity ...
MR. ANDERSON: No.
REPRESENTATIVE PHILLIPS: ... that we don't know about?
MR. ANDERSON: No.
REPRESENTATIVE PHILLIPS: Considering your present occupation and other activities, would you be able to attend the Board meetings on a regular basis?
MR. ANDERSON: Yes. With due notice.
REPRESENTATIVE PHILLIPS: Sir?
MR. ANDERSON: With due notice.
REPRESENTATIVE PHILLIPS: Yes, sir. Do you have any interests, professionally or personally, that would be a conflict of interest if you would be elected to this Board?
MR. ANDERSON: No.
REPRESENTATIVE PHILLIPS: None. Do you hold any public office now that would prevent you from fulfilling your duties if you were elected to this Board?
MR. ANDERSON: No.
REPRESENTATIVE PHILLIPS: None. Well, sir, you may open with a statement, if you'd like to make a short statement.
MR. ANDERSON: Yes. I have a prepared statement I would like just to briefly read, which is in addition to the resume and other information that you have.
REPRESENTATIVE PHILLIPS: All right.
MR. ANDERSON: And as to the reason I'm applying as a Trustee, is the fact that I've had a life-long interest in both personal and community education. In addition to the listed formal degree programs, I have spent considerable personal time and effort to expand my horizons by taking numerous studies in a number of different areas of interest. I have been actively involved in the education of others in the communities where I've lived. These include being a member of the Executive Board of the Fayette-Westmoreland Council of the Boy Scouts in Pennsylvania. I was chairman of their Explorer Scouting program and both started patrols and also counseled high school students in discovering career opportunities. I was also a member of the Education Council of the Chamber of Commerce of Uniontown, Pennsylvania, where we provided annual career awareness programs for young people. I've taught both undergraduate and graduate level MBA college students at two local colleges as a hobby, because I am an engineer I taught at Penn State University and at California University of Pennsylvania, because I felt I could help young people toward leading a better life. These courses included engineering, marketing, economics, business principles, and production management. I was also a visiting water industry instructor at the Texas A&M University at Colleton ... College Station, Texas. Other examples of my interest in promoting education has been a judge for 15 years at regional high school science fairs and also being a mentor for engineering students. During the time I was actively employed, I was part of an ad hoc group of professionals who established the ISO 9000 Users Group, which is an international inspection concept in Pittsburgh, Pennsylvania to advance quality concepts in the workplace. I was a member of a number of civic organizations throughout my work career, including the Junior Chamber of Commerce, the Lions Club for ten years, the Rotary Club for eight years, and being included... including being their Executive Treasurer for three years. Also, actively involved with the Boy Scouts and am a member of Mensa. I have remained active throughout the Grand Strand area since I have retired to Myrtle Beach, even though people consider me retired. In reality, all I've done is change careers from paid employment to volunteerism. I retired and moved to Myrtle Beach four years ago at the age of 58. I've become active in a number of community activities, including being the vice president of Habitat for Humanity of Horry County, Chairman of the Grand Strand Chapter of SCORE, and a member of the Board of Directors of the Condo Owners' Association at the Beach. I'm also a member of the First Presbyterian Church at Myrtle Beach and on a team of members who provide meals to a charity group called Street Reach Mission. In addition, I'm past president of the Owners' Association of Southcreek where I reside. In summary, I believe my educational background, business management skills and experience in a wide range of activities prepares me to contribute in a positive manner to the Coastal Carolina University and its various stakeholders.
REPRESENTATIVE PHILLIPS: Thank you, sir. Senator Bryan, do you have any questions of Mr. Anderson?
SENATOR BRYAN: No, sir. He's got a very thorough statement here.
REPRESENTATIVE PHILLIPS: Mr. Anderson, we appreciate you coming and are certainly sorry you didn't make the other screening...
MR. ANDERSON: Yes.
REPRESENTATIVE PHILLIPS: ... because you were having fun, probably. But anyway, we ... your resume looks good and I would inform you that the election is set for next Wednesday at twelve noon at this date. And you and Mr. Parker ...is that ...
MS. FLOYD: Yes, but they're not going to be involved in that election. We're going to wait. Because we have to give them two weeks.
REPRESENTATIVE PHILLIPS: Two weeks?
MS. FLOYD: Uh-huh (affirmative response). Yes. So they're not going to be involved in the May 12th ...
REPRESENTATIVE PHILLIPS: Oh that's right. We're screening him for that.
MS. FLOYD: Yes. We'll let you know.
REPRESENTATIVE PHILLIPS: So that will be deleted from the regular election next week. But I would tell you that you need, you're in town today, contact your legislators and everything, because I feel like you're qualified. And do I hear a motion to screen Mr. Anderson now?
SENATOR BRYAN: So moved.
REPRESENTATIVE PHILLIPS: Sir?
SENATOR BRYAN: So moved.
REPRESENTATIVE PHILLIPS: Yes, sir. Thank you. Mr. Anderson, we deem you qualified to run and now you may seek votes for this position and you can start when you leave here.
MR. ANDERSON: Very good. Thank you very much.
REPRESENTATIVE PHILLIPS: Thank you, sir. Thank you for coming.
MR. ANDERSON: Thank you committee, and you, for giving me the opportunity to speak today.
REPRESENTATIVE PHILLIPS: Yes, sir. Well, we just appreciate people, you know, who are willing to run and certainly you went through the effort to qualify and everything and you certainly couldn't be here the last time, but we appreciate your public interest in doing what you do, even though it's not getting anything out of it but the pleasure of helping someone else.
MR. ANDERSON: Right.
REPRESENTATIVE PHILLIPS: And we certainly appreciate that for the State of South Carolina.
MR. ANDERSON: Fine.
REPRESENTATIVE PHILLIPS: Thank you, sir.
MR. ANDERSON: Thank you.
MS. FLOYD: I take that back about him, because all the other candidates for his Seat are going to be involved in ...
REPRESENTATIVE PHILLIPS: Yes, I think ... sir, your election is next Wednesday.
MS. FLOYD: Yours is next Wednesday. Your all's is going to have to wait.
REPRESENTATIVE PHILLIPS: These two are the ones.
MS. FLOYD: Yes, your all's is going to wait, but yours will be ...
MR. ANDERSON: Okay. Next Wednesday.
REPRESENTATIVE PHILLIPS: Yes, sir. And ...
MS. FLOYD: 12:00 o'clock.
REPRESENTATIVE PHILLIPS: Twelve noon, and the ...
MR. ANDERSON: The General Assembly ...
REPRESENTATIVE PHILLIPS: It's a Joint Assembly between the Senate and the House in the House Chambers at twelve noon.
MR. ANDERSON: Got it.
REPRESENTATIVE PHILLIPS: Thank you, sir.
MS. FLOYD: And you can call me if you have any questions.
MR. ANDERSON: Okay. Thank you.
MS. FLOYD: Uh-huh (affirmative response).
REPRESENTATIVE PHILLIPS: The House goes in at ten and the Senate at eleven today, so you have time to see a few of them, Mr. Anderson.
MR. ANDERSON: Okay. Fine. Thank you.
REPRESENTATIVE PHILLIPS: Okay. Our next order is candidates for Francis Marion University, Seat 76, District 3. And Ms. Patricia Edmonds. Would you please raise your right hand. Ms. Edmonds, the information and questions we ask you here today will be the truth and nothing but the truth so help you?
MS. EDMONDS: Yes, sir.
REPRESENTATIVE PHILLIPS: Thank you. Do you have any health-related problems that we need to know about ...
MS. EDMONDS: No, sir.
REPRESENTATIVE PHILLIPS: ... that would prevent you from serving?
MS. EDMONDS: Huh-uh (negative response).
REPRESENTATIVE PHILLIPS: Considering your occupation and present activities, would anything prevent you from serving the Board in a full capacity?
MS. EDMONDS: No.
REPRESENTATIVE PHILLIPS: Do you have any interests, professionally or personally, that would cause a conflict if you were elected?
MS. EDMONDS: No.
REPRESENTATIVE PHILLIPS: Do you hold any public position of honor or trust, if elected, would prevent you from serving on a regular basis on the committee?
MS. EDMONDS: No.
REPRESENTATIVE PHILLIPS: Okay. Then you may go ahead with a statement.
MS. EDMONDS: Thank you so much. What I'd like to do is just summarize my statement because I'm not sure everybody had a chance to read it. But currently I serve as director of Regional Planning and Development Council. And through that organization I've had a lot of opportunity to work with institutions of higher education, in particular, I just finished serving a two-year term on the Board of Visitors at Lander University. And we work very closely with the institutions in our six county region as well as a lot of others in the programs that we offer through our organization, so I've had a lot of interaction and I feel as though that in our District we have an awareness of what the issues and needs are. In particular, for students who are undecided as far as their career goal. We run a workforce improvement program. We run a lot of programs where we actually are out in the schools talking with students, and a lot of them are undecided about where their future lies, and I think we can help shape that as a Board through Francis Marion, and I would like the opportunity to have influence in an organization such as Francis Marion in an institution. Additionally, for the last few years, through our development corporation, which is a subsidiary of Upper Savannah, we have served the State of South Carolina through the Budget and Control Board as coordinating some of the programs with two of the German sister states that we have agreements with. And through that association I've worked with the University of South Carolina, Lander, Clemson, College of Charleston, a number of them in helping introduce them to international programs. I would like, there are so many schools in the two states that we're partners with that want partners, American partners, South Carolina partners, and I would like the opportunity to introduce Francis Marion to those partners as well. Particularly in the areas of research exchanges, faculty exchanges, and also student exchanges. We have a delegation, as a matter of fact, right now today in Columbia, they're from the Ministry of Sport and Interior and they're looking at ways in which they can work with athletic clubs, colleges, universities, and a number of other organizations in helping bring the activities of the sister state partnership more at a level where the general population can understand. And I hope through our opportunities that we see while we're over there and while we have visitors over here, that we can share that information with Francis Marion and thereby involve their students and their administrators in some of the advantages of working in an international environment. We also hope to work it towards entering into some specific relationships to develop contacts for research opportunities, and that's an area that I think that I can offer because we come into contact with so many of those individuals over there. And so those are the two things that I think I can offer as a Board member. And I've had the pleasure of working with the new president as well for the last many years I've been at Upper Savannah for 23 years, and for the last ten years that Dr. Carter was in his position, we've had the opportunity of working together and I feel as though we have a good relationship.
REPRESENTATIVE PHILLIPS: Thank you. Senator Bryan?
SENATOR BRYAN: Yes. This South Carolina Department of Natural Resources, Division of Land Resources, is that an advisory committee member?
MS. EDMONDS: That's an advisory.
SENATOR BRYAN: How is that appointed? I mean, that's not a ... some kind of Board is it?
MS. EDMONDS: No, it's not. The D&R ... it's an advisory committee to the D&R Board.
SENATOR BRYAN: Okay.
MS. EDMONDS: That need a council of governments representative, and so they came to the cog and they asked for us to select one person. We have a lot of contracts with D&R. For instance, we do the mapping programs for them in the region. And I'm in that position. I've had it now for four years, but that actually can fluctuate from one cog member to another. There's just a slot on there for a cog member.
SENATOR BRYAN: It's not a ...
MS. EDMONDS: Dual office holding.
SENATOR BRYAN: It's totally advisory, if you ...
MS. EDMONDS: It's totally advisory.
SENATOR BRYAN: You don't have any kind of ...
MS. EDMONDS: No.
SENATOR BRYAN: ... as far as that, getting to the dual office holding.
MS. EDMONDS: Yeah. Yeah. Total advisory.
REPRESENTATIVE PHILLIPS: And if elected to this Board, would that be sometime in the future some kind of conflict?
MS. EDMONDS: No, sir. We don't even meet regularly. I think we've had two meetings already this year and that's it. I know there's another one sometime in June. More or less our work with that organization involves coordinating the resources of the councils of governments. There's a representative from Clemson University on that Board and from other organizations from the city, from the county, and we are the voice of -- for instance, I represent the ten cogs in South Carolina on that Board. So we're more or less someone that they can call on should they have any questions about specific mapping projects.
REPRESENTATIVE PHILLIPS: Okay. Well, you've certainly got a good resume. Senator, have you got anymore questions?
SENATOR BRYAN: No.
REPRESENTATIVE PHILLIPS: Okay. Thank you, ma'am.
MS. EDMONDS: Thank you. I guess I'm free to go then?
REPRESENTATIVE PHILLIPS: Well, you can wait just a minute until Mr. Hill if you'd like.
MS. EDMONDS: Okay.
REPRESENTATIVE PHILLIPS: Mr. Joel Hill.
MR. HILL: Yes, sir.
REPRESENTATIVE PHILLIPS: Joel, will you please raise your right hand. The information that we are seeking from you here today will be the truth and nothing but the truth so help you?
MR. HILL: Yes, sir.
REPRESENTATIVE PHILLIPS: I'll ask you these questions. Do you have any health problems that would prevent you from serving if elected as in a full capacity?
MR. HILL: No, sir.
REPRESENTATIVE PHILLIPS: Considering your present occupation and other activities, would it be any hinderance to serving on the Board?
MR. HILL: No, sir.
REPRESENTATIVE PHILLIPS: Do you have any interests, professionally or personally, that would be a conflict ...
MR. HILL: No, sir.
REPRESENTATIVE PHILLIPS: ... if elected? Do you now hold any public office that would conflict and cause dual office holding?
MR. HILL: No, sir.
REPRESENTATIVE PHILLIPS: All right. Go ahead with your statement, Mr. Hill.
MR. HILL: I'll just rest on the statement I made in writing.
REPRESENTATIVE PHILLIPS: All right, sir. And just give us just a minute to complete it.
MR. HILL: While you're reading, just for your information, it was filled out, I apologize for the handwritten filling out of the forms. I was involved in the High Point Furniture Market when the information actually arrived to me. And I sure appreciate Ms. Floyd's efforts to help me get everything done.
REPRESENTATIVE PHILLIPS: And you're a graduate of Francis Marion?
MR. HILL: Yes, sir.
REPRESENTATIVE PHILLIPS: Senator Bryan?
SENATOR BRYAN: Just a couple of questions. You show your business address as Bannockburn, are you a salesman, is that what you do?
MR. HILL: Our corporate offices are in Chicago, and I actually live in Seneca, South Carolina.
SENATOR BRYAN: And you work out of your home?
MR. HILL: I do.
SENATOR BRYAN: And you travel a lot?
MR. HILL: I set my own travel schedule. I can travel about as extensively as I like and ...
SENATOR BRYAN: So that wouldn't be any problem with you getting ...
MR. HILL: No, sir. As a matter of fact, I've made quite an effort to get here today, so I am anxiously looking forward to have an opportunity to serve Francis Marion University again.
SENATOR BRYAN: Is Seneca your home, or?
MR. HILL: It is now. I grew up in Clemson. My father was a basketball coach at the University in the late '60s through mid-'70s. My wife works with the University. The Office of Master Planning.
REPRESENTATIVE PHILLIPS: And I have no questions. Thank you, Mr. Hill.
MR. HILL: Thank you very much.
SENATOR BRYAN: Motion for both of them for screening.
REPRESENTATIVE PHILLIPS: Yes, sir. The motion has been made to screen both of you out. I vote yes, too, and so you are welcome to start soliciting votes today or this evening, and we'll keep you informed. As of right now it looks like June the 2nd the Senate and the House will have another Joint Assembly on June the 2nd to elect the Supreme Court Justice, Chief Justice, and at that time we'll do a resolution and ask them that this be held the same day.
SENATOR BRYAN: It's Wednesday, isn't it?
REPRESENTATIVE PHILLIPS: Sir?
SENATOR BRYAN: It's Wednesday of our last week, isn't it?
REPRESENTATIVE PHILLIPS: Yes. That's the next Joint Assembly I know of. Other than ours. And we have to give these people two weeks to, according to the law, two weeks to solicit votes from the members of the General Assembly. So thanks both of you for coming, and you're welcome now to start solicitation for this Seat.
MS. EDMONDS: Thank you.
REPRESENTATIVE PHILLIPS: Thank you.
MR. HILL: Thank you for your time.
REPRESENTATIVE PHILLIPS: Thank you, sir.
(Meeting was adjourned at 9:33 a.m.)
Received as information.
The following was received.
May 10, 1999
Ms. Sandra K. McKinney
Clerk of the House
P.O. Box 11867
Columbia, SC 29211
Dear Ms. McKinney:
The State Election Commission has certified to this office that the Honorable James M. "Jimmy" Neal, received the greatest number of votes cast for the House of Representatives, House District #44, in a Special election held in South Carolina on May 4, 1999.
Honorable James M. "Jimmy" Neal is hereby certified as the duly and properly elected member of the House of Representatives, House District #44.
Sincerely,
Jim Miles
Secretary of State
Received as information.
Mr. James M. "Jimmy" Neal, Member-elect from District No. 44, presented his credentials and the oath of office was administered to him by the SPEAKER.
The following was received from the Senate.
Columbia, S.C., May 4, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3697:
H. 3697 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1998-99.
Very respectfully,
President
On motion of Rep. H. BROWN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. ALLISON, H. BROWN and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 6, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3696:
H. 3696 (Word version) -- Ways and Means Committee: THE GENERAL APPROPRIATION BILL (Title Abbreviated)
Very respectfully,
President
On motion of Rep. H. BROWN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. ALLISON, H. BROWN and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Document No. 2351
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-1-10 et seq., 44-55-10 et seq.
Individual Residential Well and Irrigation Well Permitting
Received by Speaker of the House of Representatives January 12, 1999
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
Legislative Review Expiration May 30, 1999
19990506 Committee Request Withdrawal
120 Day period tolled
19990510 Withdrawn and Resubmitted
Document No. 2374
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 48-2-10 et seq., 44-1-20 et seq., 44-55-50 et seq., and 44-87-10 et seq.
Environmental Protection Fees
Received by Speaker of the House of Representatives February 25, 1999
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
Legislative Review Expiration June 29, 1999 (Subject to Sine Die Revision)
19990506 Committee Request Withdrawal
120 Day period tolled
19990510 Withdrawn and Resubmitted
Document No. 2382
Agency: Department of Labor, Licensing and Regulation, Board of Cosmetology
Statutory Authority: 1976 Code Section 40-13-60
Examinations, Classifications, Licensure, Fees, Penalties
Received by Speaker of the House of Representatives January 12, 1999
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Legislative Review Expiration May 30, 1999
19990506 Committee Request Withdrawal
120 Day period tolled
19990510 Withdrawn and Resubmitted
Document No. 2360
Agency: Commission on Higher Education
Statutory Authority: 1976 Code Section 59-104-20
Legislative Incentives for Future Excellence (LIFE) Scholarship
Received by Speaker of the House of Representatives January 14, 1999
Referred to House Committee on Education and Public Works
Legislative Review Expiration May 31, 1999
19990428 Committee Request Withdrawal
120 Day period tolled
19990511 Withdrawn and Resubmitted
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3804 (Word version) -- Reps. Knotts, Whatley, Seithel, Koon, McGee, Wilkins, Harrison, Allison, Altman, Askins, Bales, Barrett, Battle, Bauer, Beck, H. Brown, J. Brown, T. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Gilham, Gourdine, Hamilton, Haskins, Hawkins, Hinson, Inabinett, Jennings, Keegan, Kennedy, Kirsh, Klauber, Law, Leach, Limehouse, Littlejohn, Lourie, Lucas, Mason, McCraw, M. McLeod, Meacham, Miller, Neal, Neilson, Ott, Phillips, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Sharpe, Sheheen, Simrill, D. Smith, J. Smith, Stuart, Taylor, Tripp, Trotter, Walker, Webb, Whipper, Wilder, Woodrum and Young-Brickell: A BILL TO AMEND CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WEAPONS, BY ADDING ARTICLE 7 SO AS TO PROVIDE DEFINITIONS RELATING TO BOMBS AND WEAPONS OF MASS DESTRUCTION, TO PROHIBIT MANUFACTURE, TRANSPORTATION, POSSESSION, OR USE OF BOMBS AND WEAPONS OF MASS DESTRUCTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
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, Young-Brickell and Cave: A BILL 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 1999"; TO DEFINE "SHOOTING RANGE" 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; AND 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.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report on:
S. 118 (Word version) -- Senators Mescher and Reese: A BILL TO AMEND SECTION 47-5-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF WILD CARNIVORES AS PETS, SO AS TO DELETE THE REFERENCE TO FERRETS, EXEMPT THEM FROM THE PROHIBITION, AND TO PROVIDE FOR NOTICES THAT FERRETS HAVE A PROPENSITY TO MAKE UNPROVOKED ATTACKS THAT CAUSE BODILY INJURY TO A HUMAN BEING.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 564 (Word version) -- Senators Courson, Giese, Jackson and Patterson: A BILL TO AMEND SECTION 50-11-27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING MIGRATORY WATERFOWL ON LAKE MURRAY, SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL, WITH OR WITHOUT THE LAND OWNER'S PERMISSION, WITHIN A FOUR HUNDRED FIFTY YARD RADIUS OF ANY LAND BORDERING THE WATERS OF LAKE MURRAY ON THE PORTION OF LAKE MURRAY LYING WITHIN THE BOUNDARIES OF RICHLAND COUNTY.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 528 (Word version) -- Senators Gregory, Waldrep, Ravenel and Hutto: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE OF A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO PROVIDES PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION 50-21-115, AS AMENDED, RELATING TO RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED OR IS UNDER ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS; BY ADDING SECTION 50-21-117 SO AS TO PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION, HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS STATE; TO AMEND SECTION 50-21-130, AS AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 21,TITLE 50, SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT, WHEN CERTAIN VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM, NEED NOT BE NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-340, AS AMENDED, RELATING TO APPLICATIONS FOR NUMBER AND CERTIFICATE FOR MOTORBOATS, SO AS TO INCREASE THE APPLICATION FEE; TO AMEND SECTION 50-21-370, AS AMENDED, RELATING TO TEMPORARY CERTIFICATE OF NUMBER FOR RECENTLY PURCHASED WATERCRAFT, SO AS TO PROVIDE THAT, WHEN USING A RECENTLY PURCHASED WATERCRAFT UNDER AUTHORITY OF A TEMPORARY CERTIFICATE OF NUMBER, THE OPERATOR SHALL CARRY A COPY OF THE BILL OF SALE AND THE TEMPORARY CERTIFICATE OF NUMBER ON BOARD AS PROOF OF OWNERSHIP; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION 50-23-15, RELATING TO PERMITTED MARINE DEALERS, SO AS TO PROVIDE FOR INSPECTION OF PREMISES, BOOKS, AND RECORDS, AND TO PROVIDE PENALTIES FOR FAILURE TO ALLOW INSPECTIONS; TO AMEND SECTION 50-23-70, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO AMEND SECTION 50-23-80, AS AMENDED, RELATING TO PUBLIC RECORDS PERTAINING TO THE TITLED OWNER'S PERSONAL INFORMATION AND THE MANUFACTURER'S HULL AND IDENTIFICATION OR SERIAL NUMBER FROM PUBLIC DISCLOSURE; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO UNLAWFUL ACTS IN CONNECTION WITH WATERCRAFT, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE A WATERCRAFT WITHOUT DISPLAYING THE ISSUED DECAL; TO AMEND SECTION 50-23-210, AS AMENDED, RELATING TO CERTIFICATES OF TITLE TO WATERCRAFT, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY REVOKE A CERTIFICATE OF TITLE UPON NOTICE AND THE OPPORTUNITY FOR A HEARING, AND THAT THE DEPARTMENT MAY SEIZE REVOKED CERTIFICATES THAT ARE NOT RETURNED TO THE DEPARTMENT; BY ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT THE OWNER OF A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE MUST FURNISH THE DEPARTMENT OF NATURAL RESOURCES WRITTEN NOTICE OF THE TRANSFER OF HIS INTEREST IN A VESSEL NUMBERED OR DOCUMENTED IN THIS STATE WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER; TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF BOATING LAWS; TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE 50 NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50 NAMED "NUMBERING", AND TO DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50; AND TO REPEAL SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24, AND 50-23-50 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 591 (Word version) -- Senators McConnell, Ravenel, Hutto, Leventis, Cork and Passailaigue: A BILL TO AMEND CHAPTER 1, TITLE 48 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POLLUTION CONTROL ACT, BY ADDING SECTION 48-1-83 SO AS TO ESTABLISH STATUTORY REQUIREMENTS FOR DISSOLVED OXYGEN DEPRESSIONS IN NATURALLY LOW DISSOLVED OXYGEN WATERBODIES.
Ordered for consideration tomorrow.
On motion of Rep. BATTLE, with unanimous consent, the following was taken up for immediate consideration:
H. 4063 (Word version) -- Rep. Battle: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE MULLINS HIGH SCHOOL LADY "AUCTIONEERS" BASKETBALL TEAM, COACHES, AND OTHER SCHOOL OFFICIALS ON WEDNESDAY, MAY 19, 1999, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING PUBLICLY RECOGNIZED AND CONGRATULATED ON CAPTURING THE 1998-99 CLASS AA GIRLS STATE BASKETBALL 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 Mullins High School Lady "Auctioneers" Basketball Team, coaches, and other school officials on Wednesday, May 19, 1999, at a time to be determined by the Speaker, for the purpose of being publicly recognized and congratulated on capturing the 1998-99 Class AA Girls State Basketball Championship.
The Resolution was adopted.
The following was introduced:
H. 4064 (Word version) -- Reps. Allen and Maddox: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO T. L. HANNA HIGH SCHOOL OF ANDERSON COUNTY UPON WINNING THE PRESTIGIOUS 1998-1999 CAROLINA FIRST PALMETTO'S FINEST AWARD IN RECOGNITION OF BEING SELECTED AS THE "BEST HIGH SCHOOL IN THE STATE".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4065 (Word version) -- Rep. J. Smith: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING ST. ANDREWS MIDDLE SCHOOL FOR BEING ONE OF FIFTY NORTH AMERICAN SCHOOLS SELECTED AS A GRAND PRIZE WINNER OF THE 1999 DAIMLER CHRYSLER AWARD OF EXCELLENCE AND TO CONGRATULATE NATHANIEL P. WINGARD, CHOSEN TO REPRESENT THE SCHOOL ON THE GRAND PRIZE TOUR OF WASHINGTON, D.C. AND GERMANY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4066 (Word version) -- Rep. Davenport: A JOINT RESOLUTION TO CREATE A TASK FORCE TO IDENTIFY PROGRAMS AND RESOURCES AVAILABLE TO FAMILIES FOR MANAGING BEHAVIORALLY CHALLENGING ADOLESCENTS AND THE NEEDS OF AGING PARENTS, TO STUDY RESOURCES AND PROGRAMS AVAILABLE IN-STATE AND IN OTHER JURISDICTIONS AND TO MAKE RECOMMENDATIONS FOR BETTER MEETING THESE FAMILY NEEDS, AND TO REQUIRE THE TASK FORCE TO REPORT TO THE GOVERNOR AND GENERAL ASSEMBLY BEFORE JANUARY 1, 2000, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4067 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, STATE BOARD OF PHARMACY, RELATING TO FACILITY PERMIT CLASSIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2426, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4068 (Word version) -- Rep. Emory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-26 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL ON CERTAIN PORTIONS OF BEAR CREEK IN LANCASTER COUNTY WITHIN TWO HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.
On motion of Rep. EMORY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4069 (Word version) -- Rep. Keegan: A BILL TO AMEND SECTION 27-47-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANUFACTURED HOME PARK LEASES, SO AS TO REQUIRE AN OPTION TO RENEW IN SUCH LEASES AND TO PROVIDE THAT IN LEASES FOR TEN YEARS OR MORE THE RENEWAL LEASE AMOUNT MAY NOT EXCEED THE ORIGINAL LEASE AMOUNT ADJUSTED FOR INCREASES IN THE CONSUMER PRICE INDEX OVER THE TERM OF THE LEASE, PLUS TWENTY PERCENT.
Referred to Committee on Labor, Commerce and Industry
H. 4070 (Word version) -- Reps. Vaughn, Haskins, Robinson, Cato, Loftis, Hamilton, Leach, Rice, Easterday, Tripp, Meacham, Woodrum, McGee, Barrett, Sandifer, Mason, Altman, H. Brown, Harrell, Sharpe, R. Smith, Young-Brickell, Beck, Cooper, Knotts, Koon, Riser, Littlejohn, D. Smith, Harrison, Kelley, Limehouse, Keegan, Chellis, Delleney, Davenport, Edge, Lanford, Witherspoon and Quinn: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 68 SO AS TO AUTHORIZE A PROGRAM OF OPEN ENROLLMENT FOR STUDENTS IN GRADES K-12 UNDER SPECIFIED CONDITIONS AND REQUIREMENTS, AND TO PHASE-IN BY GRADE LEVEL THE ABOVE PROVISIONS.
Referred to Committee on Education and Public Works
H. 4071 (Word version) -- Reps. Bowers, Gilham, Lloyd and Rodgers: A BILL TO AMEND SECTION 48-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO PROVIDE FOR DISTRICTS FOR THE SELECTION OF MEMBERS OF THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES AND TO INCREASE THE NUMBER OF MEMBERS OF THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES FROM SEVEN MEMBERS TO NINE MEMBERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 4072 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ENVIRONMENTAL PROTECTION FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2374, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4073 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO INDIVIDUAL RESIDENTIAL WELL AND IRRIGATION WELL PERMITTING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2351, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 4074 (Word version) -- Reps. Sharpe, R. Smith and Altman: A BILL TO AMEND SECTION 8-11-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTION FOR INSURANCE PREMIUMS FROM AN EMPLOYEE'S COMPENSATION, SO AS TO INCLUDE PREMIUMS FOR PREPAID LEGAL INSURANCE.
Referred to Committee on Labor, Commerce and Industry
H. 4075 (Word version) -- Reps. Sharpe, R. Smith and Altman: A BILL TO AMEND SECTION 38-75-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT INSURANCE CONTRACTS FOR LEGAL SERVICES MUST PROVIDE THE RIGHT OF AN ATTORNEY OF CHOICE, SO AS TO PROVIDE THAT ANY CONTRACTUAL OBLIGATION FOR REIMBURSEMENT OF LEGAL SERVICES SHALL CONTAIN A PROVISION PROVIDING THAT THE INSURED OR BENEFICIARY UNDER THE CONTRACT HAS THE RIGHT TO CHOOSE AN ATTORNEY TO PERFORM LEGAL SERVICES, AND TO PROVIDE THAT ANY CONTRACTUAL OBLIGATION FOR SPECIFIED LEGAL SERVICES UNDER A CLOSED PANEL PLAN ALSO MUST MAKE AVAILABLE SPECIFIED LEGAL COVERAGES UNDER A SEPARATE OPEN PANEL PLAN AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry
H. 4076 (Word version) -- Reps. Sharpe, R. Smith, Limehouse and Altman: A BILL TO AMEND SECTIONS 38-43-105 AND 38-43-106, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND CONTINUING EDUCATION REQUIREMENTS FOR INSURANCE AGENTS, SO AS TO EXEMPT FROM THESE REQUIREMENTS AGENTS WHO SELL PREPAID LEGAL INSURANCE.
Referred to Committee on Labor, Commerce and Industry
H. 4077 (Word version) -- Rep. Quinn: A JOINT RESOLUTION DIRECTING THE STATE BUDGET AND CONTROL BOARD TO CONDUCT A STUDY ON THE TRAVEL REGULATIONS FOR STATE EMPLOYEES, TO RECOMMEND CHANGES IN THE POLICIES TO ENHANCE THE EFFICIENCY AND COST EFFECTIVENESS OF THE STATE'S EXPENDITURES ON THE TRAVEL FOR ITS EMPLOYEES; TO MAINTAIN THE CURRENT POLICIES WITHOUT CHANGE WHILE THE STUDY IS BEING CONDUCTED; AND TO REPORT THE FINDINGS OF THE STUDY TO THE GENERAL ASSEMBLY BY JANUARY 15, 2000.
Referred to Committee on Ways and Means
H. 4078 (Word version) -- Reps. Kelley, Edge, Harvin, Hayes, Witherspoon, Keegan and Barfield: A BILL TO AMEND ARTICLE 1, CHAPTER 63, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS CONCERNING STUDENTS IN PUBLIC SCHOOL, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT STUDENTS WHO PARTICIPATE IN INTERSCHOLASTIC SOCCER OR AS A MEMBER OF A SCHOOL 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 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.
Rep. KELLEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Education and Public Works
H. 4082 (Word version) -- Reps. Stille, Carnell and Townsend: A BILL TO ABOLISH THE ABBEVILLE COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES UPON THE BOARD OF TRUSTEES OF ABBEVILLE COUNTY SCHOOL DISTRICT 60, AND TO CHANGE THE NAME OF ABBEVILLE COUNTY SCHOOL DISTRICT 60 TO THE ABBEVILLE COUNTY SCHOOL DISTRICT EFFECTIVE JULY 1, 2000.
On motion of Rep. STILLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 421 (Word version) -- Senators McConnell and Passailaigue: A BILL TO AMEND SECTION 59-149-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR A LIFE SCHOLARSHIP, SO AS TO PROVIDE THAT A PERSON WHO WAS ON ACTIVE DUTY WITH THE UNITED STATES ARMED FORCES ON OR AFTER MAY, 1995, ALSO IS ELIGIBLE FOR THESE SCHOLARSHIPS.
Referred to Committee on Education and Public Works
The following was introduced:
H. 4079 (Word version) -- Reps. Neilson, Lucas and J. Hines: A CONCURRENT RESOLUTION CONGRATULATING SONOCO PRODUCTS COMPANY OF HARTSVILLE, IN DARLINGTON COUNTY, ON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF THE FOUNDING OF THE COMPANY AND EXPRESSING TO ITS FOUNDING FAMILY, MANAGERS, AND EMPLOYEES THE APPRECIATION OF ALL SOUTH CAROLINIANS TO THIS GLOBAL PACKAGING COMPANY FOUNDED AND BASED IN HARTSVILLE FOR THE IMMEASURABLE CONTRIBUTIONS TO THE DEVELOPMENT OF THE ECONOMY OF THIS STATE AND ON BEHALF OF ALL SOUTH CAROLINIANS WISHING CONTINUED SUCCESS FOR THIS PIONEER COMPANY THAT HAS DONE SO MUCH FOR THIS STATE AND ITS PEOPLE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. DELLENEY, with unanimous consent, the following was taken up for immediate consideration:
H. 4080 (Word version) -- Reps. Delleney, D. Smith and Canty: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1999, AS THE TIME FOR ELECTING A SUCCESSOR TO THE CHIEF JUSTICE OF THE SUPREME COURT WHOSE TERM EXPIRES JULY 31, 2004; TO ELECT A SUCCESSOR TO THE CHIEF JUDGE OF THE COURT OF APPEALS, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT, AT-LARGE SEAT 8, WHOSE TERM EXPIRES JUNE 30, 2003; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2002; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2000.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, June 2, 1999, at 12:00 noon to elect a successor to the Honorable Ernest A. Finney, Jr., Chief Justice of the Supreme Court, whose term expires on July 31, 2004; to elect a successor to the Honorable William T. Howell, Chief Judge of the Court of Appeals, Seat 5, whose term expires on June 30, 2003; to elect a successor to the Honorable Paul E. Short, Jr., Judge of the Circuit Court, At-Large Seat 8, whose term expires on June 30, 2003; to elect a successor to the Honorable William R. Byars, Judge of the Family Court of the Fifth Judicial Circuit, Seat 3, whose term expires on June 30, 2001; to elect a successor to the Honorable Stephen P. Bates, Judge of the Administrative Law Judge Division, Seat 2, whose term expires on June 30, 2002; and to elect a successor to the Honorable Alison Renee Lee, Judge of the Administrative Law Judge Division, Seat 3, whose term expires on June 30, 2000.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4081 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE NEWBERRY ACADEMY VARSITY BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 SOUTH CAROLINA INDEPENDENT SCHOOLS' ASSOCIATION CLASS AA BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR OUTSTANDING SEASON AND RECORD OF TWENTY-NINE WINS AND FIVE LOSSES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Beck Breeland Brown H. Brown J. Campsen Carnell Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin Mason McCraw McGee McKay McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neal J.M. Neilson Ott Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Sheheen Simrill Smith D. Smith F. Smith J. Smith R. Stille Stuart Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Tuesday, May 11.
William Bowers William Clyburn Ralph Davenport Grady Brown Anne Parks Lynn Seithel
DOCTOR OF THE DAY
Announcement was made that Dr. Gene Dickerson of Sumter 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. 4000 (Word version)
Date: ADD:
05/06/99 SIMRILL
Bill Number: H. 3804 (Word version)
Date: REMOVE:
05/06/99 STILLE
Bill Number: H. 4062 (Word version)
Date: REMOVE:
05/06/99 VAUGHN
Bill Number: H. 3993 (Word version)
Date: REMOVE:
05/06/99 MILLER
The following Joint Resolution was taken up:
H. 4012 (Word version) -- Reps. Neal, J. Brown, Quinn, Bales, Cotty, Harrison, Lourie, Rutherford, F. Smith, J. Smith and Scott: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO ESTABLISH FORTY-FIVE MILE AN HOUR SPEED ZONES AND INSTALL FLASHING TRAFFIC SIGNALS AT CHURCHES LOCATED ON HIGHWAY 601 FROM THE KERSHAW COUNTY LINE TO HIGHWAY 378.
Rep. WILKINS raised a Point of Order that the Joint Resolution was out of order in that it did not have a fiscal impact statement attached.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order.
The following Bill was taken up:
S. 398 (Word version) -- Senator Setzler: A BILL TO AMEND TITLE 40, CHAPTER 22 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENGINEERS AND LAND SURVEYORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENGINEERS AND LAND SURVEYORS INCLUDING, BUT NOT LIMITED TO, AUTHORIZING THE BOARD TO REGULATE CROSS-BORDER ENGINEERING.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name PSD\AMEND\7460AC99), which was adopted.
Amend the bill, as and if amended, Section 40-22-10(B), page 25, line 14, by deleting / with the advice and consent of the Senate / so when amended, Section 40-22-10(B) reads:
"(B) The board shall consist of eight members appointed by the Governor. Five members must be professional engineers; two professional land surveyors, at least one of whom must be actively engaged in the practice of land surveying; and one from the general public appointed in accordance with Section 40-22-40. Members of the board shall serve for terms of five years and until their successors are appointed and qualify. A member of the board shall receive a certificate of his appointment from the Governor and before beginning his term of office shall file with the Secretary of State his written oath or affirmation for the faithful discharge of his official duty."
Amend the bill further, Section 40-22-20, page 28, by deleting item (17) and inserting:
"(17) 'Incompetence' means the practice of engineering or land surveying by a licensee determined to be either incapable of exercising ordinary care and diligence or lacking the ability and skill necessary to properly perform the duties undertaken."
Amend the bill further, Section 40-22-20 by deleting item (21), beginning on page 28, line 25 and inserting:
"(21) 'Practice of engineering' means any service or creative work, the adequate performance of which requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences to such services or creative work as consultation, investigation, expert technical testimony, evaluation, planning, design and design coordination of engineering works and systems, planning the use of land and water, performing engineering surveys and studies, and the review of construction for the purpose of monitoring compliance with drawings and specifications, any of which embraces such services or work, either public or private, in connection with any utilities, structures, buildings, machines, equipment, processes, work systems projects, and industrial or consumer products or equipment of a control systems, communications, mechanical, electrical, hydraulic, pneumatic, or thermal nature, insofar as they involve safeguarding life, health, or property, and including such other professional services as may be necessary to the planning, progress, and completion of any engineering services. The mere execution, as a contractor, of work designed by a professional engineer or supervision of the construction of such work as a foreman or superintendent is not considered the practice of engineering. A person must be construed to practice or offer to practice engineering, within the meaning and intent of this chapter who:
(a) practices any branch of the profession of engineering; or
(b) by verbal claim, sign, advertisement, letterhead, card, or in any other way represents himself to be a professional engineer or through the use of some other title implies that he is a professional engineer; or that he is licensed under this chapter; or
(c) holds himself out as able to perform or does perform any engineering service or work or any other professional service designated by the practitioner or which is recognized as engineering."
Amend the bill further, Section 40-22-110(A), page 35, by deleting item (6) and inserting:
"(6) practicing in a registration category or tier for which the licensee has not been licensed by the board."
Amend the bill further, Section 40-22-160, page 36, line 3, after the /./ by inserting /Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board./ So when amended Section 40-22-160 shall read:
"Section 40-22-160. A person aggrieved by a final action of the board may seek review of the decision to the Administrative Law Judge Division in accordance with Section 40-1-160. Unless otherwise provided for by law or unless otherwise agreed to by the parties involved, a hearing to review a final ruling of the board must occur within thirty days of the final ruling of the board."
Amend the bill further, page 36, immediately after line 8 by inserting:
"Section 40-22-180. (A) All fines are payable immediately upon imposition. Unless the fine is paid within sixty days after the order becomes final, the order constitutes a judgment and must be filed and execution issued on the judgment in the same manner as the judgment of a court of common pleas. Interest accrues on the amount of the fine from the date imposed until the date paid at the rate specified in Section 34-31-20(B).
(B) No registrant against whom a fine is levied is eligible for reinstatement until the fine has been paid in full."
Amend the bill further, Section 40-22-230(E), page 43, line 14, by deleting / registrant / and inserting / licensee / so when amended, subsection (E) reads:
"(E) The board shall issue a certificate of registration upon payment of the registration fee as provided in this chapter to an applicant who, in the opinion of the board, has satisfactorily met all the requirements of this chapter. In the case of a professional engineer, the certificate authorizes the appropriate practice category of engineering. In the case of a professional land surveyor, the certificate authorizes the practice of TIER A or TIER B land surveying as applicable. A certificate of registration must state the full name of the licensee, have a serial number, and must be signed by the chairman and the secretary of the board under seal of the board."
Amend the bill further, as and if amended, by deleting Section 40-22-240 beginning on page 43, and inserting:
"Section 40-22-240. (A)(1) Every professional engineer and professional land surveyor licensed under this chapter who decides to continue the practice of his profession shall, biennially during the month of June, pay the board a fee sufficient to support the costs of the board's operations, to be determined by the board in regulation, for which fee a renewal registration card for the ensuing registration year must be issued.
(2) The board shall assess a late renewal penalty of twenty percent of the biennial renewal fee against those persons who do not renew their license within one month of the biennial renewal date. The penalty must be assessed for each two months thereafter with a maximum grace period of three months following the biennial renewal date. A person not renewing his license within three months following the annual renewal date shall file a new application accompanied by the required application fee or, if he is in a position to do so, file a notarized affidavit with the board certifying that he has not been engaged in the practice of engineering or land surveying in South Carolina during the period his license was not in a current condition, accompanied by the total amount of unpaid renewal fees and penalties.
(3) An individual whose license has lapsed due to nonpayment of the required renewal fee within three months of the due date is considered in the same category as a previously unlicensed person and, at the board's discretion, may be required to pass a written examination as a condition of relicensing.
(B) The board may promulgate regulations that as a condition of renewal or relicensure, a professional engineer must demonstrate continuing professional competency in engineering and a professional land surveyor must demonstrate continuing professional competency in land surveying."
Amend the bill further, as and if amended, Section 40-22-250, page 45, by deleting subsection (D) and inserting:
(D) A firm desiring a certificate of authorization shall file with the board an application on forms provided by the board accompanied by the registration fee as provided in regulation. Each certificate of authorization must be renewed biennially. A renewal form provided by the board must be completed and submitted with the biennial registration fee, the fee being an amount as provided in regulation. Information to be provided on the application and renewal forms shall include the names and addresses of all officers and directors of the firm, or officers and partners of the partnership licensed to practice engineering or land surveying in this State, including those in responsible charge of branch offices providing services in this State.
Amend the bill further, Section 40-22-260(A), page 46, beginning on line 8, by deleting / A registrant / and inserting / An engineer / so when amended, subsection (A) reads:
" (A) Upon application to and approval by the board and payment of the fee provided in regulation, the board shall grant a temporary license for engineering work on one specified project in this State for a period not to exceed one year to an engineer who has recently become a resident of this State, or is a nonresident having no established place of business in this State, who meets the qualification requirements for licensure in this State and who holds a valid license to practice in another state. An engineer may not renew a temporary certificate at its expiration date and may not apply for temporary licensure in connection with more than one specific project in any three-year period.
Amend the bill further, Section 40-22-260(B)(1), page 46, line 14, after / authorization / by inserting / to a firm / so when amended, subsection (B)(1) reads:
(B)(1) Upon approval by the board and payment of the fee provided in regulation, the board shall grant a temporary certificate of authorization to a firm for work on one specified project in this State for a period not to exceed one year."
Amend the bill further by deleting Section 40-22-270, beginning on page 47 and inserting:
"Section 40-22-270. Each licensee and each firm practicing under a certificate of authorization shall obtain a seal of the design authorized by the board and must comply with the following:
(1) Individual seals must be under the personal custody and control of the licensee and bear the licensee's name, registration license number, and the legend 'Professional Engineer' or 'Professional Land Surveyor' except for licenses issued before July 1, 2000, which may have the legend 'Registered Professional Engineer' or 'Registered Land Surveyor'. The seal also shall bear evidence of the license category for professional engineers and the tier designation for professional land surveyors.
(2) Seals for firms practicing under a certificate of authorization must bear the firm's name, authorization number, and location.
(3) Plans, specifications, plats, and reports prepared by a licensee or prepared under the licensee's direct supervision must be stamped with seals when filed with public authorities during the life of the licensee's certificate.
(4) Plans and specifications prepared by a licensee or prepared under the licensee's direct supervision must be stamped with seals when issued for use as job site record documents at construction projects within this State.
(5) It is unlawful to seal documents with a seal after the certificate of the licensee or the certificate of authorization in the case of firms named on the seal has expired or has been revoked or suspended unless the certificate has been renewed, reissued, or reinstated.
(6) Where individual seals are affixed to plans, specifications, plats, and reports, the licensee shall affix his signature and date under or across the face and beyond the circumference of the seal. The signature and date must not be applied in a manner that obliterates or renders illegible the licensee's license number or name.
(7) The clerk of court or the register of deeds for any county shall refuse to accept for filing or recording a map, plat, survey, or other document within the definition of land surveying, dated after July 1, 1977, which does not have affixed to it the personal signature and prescribed impression seal of a professional land surveyor. No charge may be made by a professional land surveyor for the application of his impression seal.
(8) The building official, or other designated authority charged with the responsibility of issuing building or similar permits, shall refuse to issue a permit for any undertaking, the plans and specifications for which would require the seal of a professional engineer, unless the permit applicant has furnished satisfactory evidence that the documents were prepared by an engineer licensed as required by this chapter or that the documents are exempt from the requirements of this chapter. The building official, or designated authority charged with the responsibility of issuing building or similar permits, shall report to the board the name and address of a person who has or is suspected to have violated a provision of this chapter or a regulation promulgated pursuant to this chapter relating to the unlicensed practice of engineering."
Further amend the bill, Section 40-22-280(A)(1), page 48, line 14, before / profession / by inserting / regulated / so when amended, Section 40-22-280(A)(1) reads:
"(1) the practice of any other regulated profession or trade where the practice of the profession or trade may legitimately overlap the professions regulated by this chapter;"
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAILEY explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 2 (Doc Name BBM\AMEND\9341AC99), which was rejected.
Amend the committee report, as and if amended, Section 40-22-240, page 398-4, by deleting subsection (B) and inserting:
/ (B) The board may promulgate regulations necessary to carry out this chapter. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON explained the amendment.
Rep. CATO moved to table the amendment, which was rejected.
Rep. BAILEY spoke against the amendment.
Rep. ROBINSON spoke in favor of the amendment.
The amendment was then rejected by a division vote of 15 to 54.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 337 (Word version) -- Senators McConnell, Matthews, Courtney, Patterson, Reese, Hayes, Jackson and Passailaigue: A BILL TO AMEND CERTAIN PROVISIONS OF CHAPTER 29 OF TITLE 34 AND CHAPTERS 1, 2, 3, AND 4 OF TITLE 37 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER CREDIT TRANSACTIONS, SO AS TO, AMONG OTHER THINGS, REQUIRE THAT THE AMOUNT OF LIFE INSURANCE COVERAGE BE BASED UPON NET COVERAGE PLUS SIX MONTHLY PAYMENTS FOR LOANS WITH A TERM IN EXCESS OF SIXTY MONTHS; REQUIRE THE DEFINITION OF DISABILITY TO BE BASED UPON THE INSURED'S OWN OCCUPATION ON THE DATE OF DISABILITY FOR THE FIRST YEAR AND AN OCCUPATION WITH SUBSTANTIALLY EQUIVALENT REMUNERATION THEREAFTER; LOWER THE RATES FOR CREDIT LIFE INSURANCE; ADD A PROVISION RELATING TO UNFAIR CLAIMS PRACTICES; REQUIRE THAT CREDIT INSURANCE BE PORTABLE; REQUIRE THAT A POLICY MAY NOT BE CONTESTED UNLESS THE MISREPRESENTATION DIRECTLY CONTRIBUTES TO THE CONTINGENCY OR EVENT BY WHICH THE CLAIM ARISES; LOWER THE MAXIMUM PREMIUM FOR NON-FILING INSURANCE; ENHANCE CONSUMER DISCLOSURES; PROHIBIT NON-FILING INSURANCE AS A PERMITTED CHARGE FOR PURCHASE MONEY SECURITY INTEREST LOANS BEYOND APRIL 1, 2000; PROHIBIT A CHARGE FOR AND FILING OF A UCC SECURITY FORM FOR COLLATERAL THAT CANNOT BE USED AS SECURITY FOR A LOAN PURSUANT TO LAW; AND TO REQUIRE THAT IT MUST BE THE CONSUMER'S CHOICE TO PURCHASE INSURANCE FOR LESS THAN THE LENGTH OF THE LOAN.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name NBD\AMEND\11379JM99), which was adopted.
Amend the bill, as and if amended, in SECTION 1, by striking Section 34-29-160, as contained on pages 2, 3, 4, and 5, and inserting:
/ "Section 34-29-160. Subject to the conditions provided in this section and notwithstanding any other provisions of this chapter, reasonable insurance may be sold to and required of the borrower for insuring personal property securing a loan and for insuring the life and earning capacity of not more than two parties obligated on the loan other than accommodation parties.
Property insurance shall be in an amount not to exceed the reasonable value of the property insured and for the customary term approximating the term of the loan contract. It shall be optional with the borrower to obtain such insurance in an amount greater than the amount of the loan or for a longer term.
Life insurance must be in an amount not to exceed the approximate amount of the loan debt and for a term not exceeding the approximate term of the loan contract. For purposes of credit coverage, the 'approximate amount of the debt' is defined as follows: (1) the periodic installment payment multiplied by the number of scheduled periodic installment payments for a loan with a term of sixty months or less; (2) the amount necessary to liquidate the remaining debt in a single lump sum payment, excluding all unearned interest and other unearned finance charges, plus six monthly installment payments for a loan with a term in excess of sixty months. Accident and health insurance and unemployment insurance, or both, must provide periodic benefits which may not exceed an amount which approximately equals the amount of each periodic installment payment to be made under the loan contract. However, when a loan is discharged or a new policy or policies of insurance are issued, the life, property, or accident and health insurance or all three on the prior obligation must be canceled and the unearned portion of the insurance premium or premiums, or identifiable charge, must be refunded to the borrower. However, the method of refunding the premiums on the policies must be pursuant to the Rule of 78 or the Sum of the Digits Method, except that no refund under two three dollars must be made;. the The insurance company shall calculate its reserves on the policies in the same manner or, in the case of credit life insurance, in accordance with a mortality table and interest assumption used for ordinary life policies. Notwithstanding this requirement, if the property insurance policy or policies cover the insurable interest of the borrower as well as the lender, the policy or policies may be continued in force at the request of the borrower.
This section does not require a creditor to grant a refund or credit of a life insurance premium to the debtor if any refund or credit due to the debtor under this section is less than two three dollars.
If the coverage provides accident and health benefits, the policy or certificate shall contain a provision that, if the insured obligor is disabled, as defined in the policy, for a period of more than three days, benefits shall commence as of the first day of disability, provided that accident and health insurance shall not be allowed on loans with a cash advance of less than one hundred dollars. Disability shall not be defined more restrictively than the inability of the insured to engage in his own occupation during the first year of disability or for the length of the benefit period if less than one year. After the first year of disability, disability shall not be defined more restrictively than the inability of the insured to engage in the substantial duties of any gainful occupation for substantially equivalent remuneration to the insured's own occupation. Substantially equivalent remuneration means not less than seventy-five percent of the insured's base wage, exclusive of overtime and bonus, as of the date disability commences.
All insurance sold or provided pursuant to this section shall bear a reasonable and bona fide relation to the existing hazard or risk of loss and shall be written by an agent or agency licensed in this State in an insurance company authorized to conduct such business in this State. A licensee shall not require the purchasing of insurance from the licensee or any employee, affiliate, or associate of the licensee, as a condition precedent to the making of a loan and shall not decline existing insurance where such insurance is provided by an insurance company authorized to conduct such business in this State.
The licensee shall within thirty days after the loan is made, deliver to the borrower, or if more than one, to one of them, a policy or certificate of insurance covering any insurance procured by or through the licensee or any employee, affiliate, or associate of the licensee, which shall set forth the amount of any premium or identifiable charge which the borrower has paid or is obligated to pay, the amount of insurance, the term of insurance, and a complete description of the risks insured. Such policy or certificate may contain a mortgage clause or other appropriate provisions to protect the insurable interest of the licensee.
Notwithstanding any other provision of this chapter, any gain or advantages in the form of commission, dividend, identifiable charge, or otherwise, to the licensee or to any employee, affiliate, or associate of the licensee from such insurance or its sale shall not be deemed to be additional or further interest or charge in connection with such a loan.
Any accident and health or property insurance sold in conjunction with this chapter must be written on forms and at rates approved by the South Carolina Department of Insurance, provided that a minimum charge of two dollars may be made, pursuant to reasonable regulations adopted by it and having as their purpose the establishment and maintenance of premium rates which are reasonably commensurate with the coverage afforded and which are adequate, not excessive, and not unfairly discriminatory giving due consideration to past or prospective loss experience within or without this State, to dividends, savings, or unabsorbed premium deposits allowed or returned by insurers to borrowers, to reasonable expense allowances necessary to achieve proper risk distribution and spread, and to all other relevant factors within or without this State. These regulations may include reasonable classification systems or programs based upon identifiable and measurable variations in the hazards or expense requirements and may include statistical plans, systems, or programs, which the insurers may be required to adopt, for the purpose of providing that statistical information and data as may be necessary or reasonably appropriate to the determination of premium rates or rate levels. The premium rates and rate levels must be calculated to produce and maintain a ratio of losses incurred, or reasonably expected to be incurred, to premiums earned, or reasonably expected to be earned, of not less than fifty percent, and rates producing a lesser loss ratio are considered excessive.
Credit Until January 1, 2001, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness covered by insurance is scheduled to continue, subject to a minimum charge of three dollars:
Decreasing Balance Level Balance
Individual $ .65 $1.30
Joint Insurance $1.08 $2.16
Effective January 1, 2001, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness covered by insurance is scheduled to continue:
Decreasing Balance Level Balance
Individual $ .57 $1.14
Joint Insurance $.95 $1.89
Effective January 1, 2003, credit life insurance premiums for each one hundred dollars of indebtedness are considered reasonable and may be charged if they are not greater than the amounts given in the following table times the number of years, or fraction of a year, that the indebtedness covered by insurance is scheduled to continue:
Decreasing Balance Level Balance
Individual $ .55 $1.10
Joint Insurance $.91 $1.83"/
Amend further, as and if amended, SECTION 7, by striking Section 34-29-166(i), as contained on page 8 at lines 13 through 18, and inserting:
/ (i) a conspicuous statement which reads as follows: 'For specific information about credit insurance issued in conjunction with your loan, contact your creditor or your insurance company. For general information about credit insurance or complaints regarding your credit insurance, please contact the South Carolina Department of Insurance at [current toll-free number].'; and /
Amend further, as and if amended, in SECTION 9, by striking Section 37-4-105 (B)(9) on page 10 at lines 3 through 8, and inserting:
/(9) a conspicuous statement which reads as follows: 'For specific information about credit insurance issued in conjunction with your loan, contact your creditor or your insurance company. For general information about credit insurance or complaints regarding your credit insurance, please contact the South Carolina Department of Insurance at [current toll-free number].' /
Amend further, as and if amended, SECTION 10, by striking Section 37-4-110(3)(a), as contained at lines 10 through 36 on page 11, and inserting:
/ (a) the creditor offers the debtor a choice to continue disability or life insurance coverage, if the debtor does not qualify for disability or life insurance in connection with the deferral, refinancing, or consolidation, up to the amount of the insurance coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance. If the insurance coverage upon the original loan has not lapsed, the creditor must offer the debtor the choice to continue such coverage. The election of the debtor must be evidenced by an affirmatively signed, clear and conspicuous statement. Coverage may not be required upon deferral, refinancing, or consolidation. Such continued insurance may be subject to earlier termination according to insurance termination provisions of the policy or certificate that apply generally without regard to whether the insurance relates to a transaction that is or is not a deferral, refinancing, or consolidation; provided, however, that if:
(i) a debtor's insurance under a group policy is terminated due to a termination of the group policy; and
(ii) a plan is made available to provide coverage to the same class of debtors, but subject to submission of evidence of individual insurability, then the evidence of individual insurability requirement shall be waived with respect to all debtors whose insurance terminates due to termination of the original group policy or of the class eligibility, at least to the extent of the amount and term of the insurance in effect immediately before the original coverage is terminated; /
Amend further, as and if amended, SECTION 10, by striking Section 37-4-110(3)(b), page 11, lines 37 through 43, and page 12, line 1, and inserting:
/ (b) incontestability and waiting periods for insurance coverage, up to the amount of the coverage remaining at the time of the deferral, refinancing, or consolidation and for an additional period not to exceed the length of the term of the original insurance, are based upon the date on which the insurer originally insured the debtor with respect to the insurance coverage on the indebtedness that is deferred, refinanced, or consolidated, if the insurance coverage upon the original loan has not lapsed; and /
Amend further, as and if amended, SECTION 11, by striking Section 37-4-201(3)(b), as contained on lines 8 through 12 on page 13, and inserting:
/ (b) if the consumer chooses to purchase insurance for less than the term of the consumer credit transaction and if the debtor is advised in writing that the insurance will be written for a specified shorter time as described in subitems (ii) and (iii) below, the term need extend only until the end of the specified time.: /
Amend further, as and if amended, by adding the following appropriately numbered SECTIONS, to read:
/ SECTION ___. Section 38-39-10(b) of the 1976 Code, as amended by Section 653 of Act 181 of 1993, is further amended to read:
"(b) a banking institution, savings and loan association, cooperative credit union, or consumer finance company provided for in Sections 34-29-10 to 34-29-260 authorized to do business in this state;, or a supervised financial organization provided for in Title 37 authorized to do business in this State;"
SECTION ___. Section 37-3-202(2) of the 1976 Code, as last amended by Act 326 of 1996, is further amended by adding:
"(d) noncredit term life insurance; provided, that the person soliciting the sale of such insurance is properly licensed as required under South Carolina insurance laws and the lender is properly licensed as an agency as required under South Carolina insurance laws and clearly and conspicuously discloses to the insured, prior to the consummation of the insurance purchase, the right to cancel and provides the insured at that time with a form in duplicate signed by the insured. This form shall clearly and conspicuously state in a manner that achieves a grade level score of no higher than seventh grade on the Flesch-Kincaid readability test:
(i) that the purchase of this insurance is not a condition of any loan or extension of credit by including the following language: 'The purchase of this insurance is not required to obtain credit and will not be provided unless you sign this form and agree to pay the additional cost.';
(ii) that the interest rates and charges do not depend upon the purchase of this insurance;
(iii) that the insured has the option to pay the insurance premium from his own funds or to pay the premium with a portion of the loan proceeds;
(iv) the premium and a description of the coverage, including the face amount, term of the coverage, and any exceptions, limitations, or restrictions;
(v) that the insured may cancel this insurance by mailing a signed request to cancel, together with the policy, to the lender or the insurance company within thirty days after receipt of the policy and, that in the event of cancellation by the insured within thirty days after receipt of the policy, the insured will be promptly refunded the entire premium for such insurance;
(vi) that the insurance laws of South Carolina apply with respect to any type of termination other than as contained in subitem (v) of this item (d) and that the policy should be consulted for more information;
(vii) that the insurance is not tied to the loan in any manner and that if the loan is terminated, the insurance will remain in force unless it is otherwise terminated under the terms of the agreement between the debtor and the insurer;
(viii) the name, address, and phone number of the lender; and
(ix) the name, address, and phone number of the insurance company and the process to be followed in submitting a claim.
The noncredit term life insurance must be underwritten by an insurance company which is properly licensed as required under South Carolina insurance laws. In addition, the noncredit term life insurance must be filed for approval prior to use in accordance with South Carolina insurance laws, and the terms and conditions of the transaction must comply with any other applicable provisions of the South Carolina insurance laws.
If the creditor contracts for or receives a separate charge for insurance, the amount charged for the insurance may not exceed the premium to be charged by the insurer, as computed at the time the charge to the debtor is determined, conforming to any rate filings required by law and made by the insurer with the Director of The Department of Insurance.
Any attempt to tie the sale of the noncredit term life insurance to any loan or extension of credit or otherwise to coerce the debtor into purchasing the insurance is prohibited, and any party engaged in the tying or coercion is subject to penalties in accordance with Section 37-5-202."
SECTION ___. Section 37-5-202(1) of the 1976 Code is amended to read:
"(1) If a creditor has violated any provisions of this title applying to receipts, statements of account, and evidences of payment (Sections 37-2-302 and 37-3-302), notice to cosigners and similar parties (Sections 37-2-302 and 37-3-303), schedule of maximum loan finance charges to be filed and posted (Sections 37-2-305 and 37-3-305), certain negotiable instruments prohibited (Section 37-2-403), assignee subject to claims and defenses (Sections 37-2-404(5) and 37-2-709), security in sales or leases (Section 37-2-407), no assignment of earnings (Sections 37-2-410, 37-3-403 and 37-2-710), referral sales and leases (Section 37-2-411), attorney's fees (Sections 37-2-413 and 37-3-404), limitations on default charges (Sections 37-2-414, 37-2-706, and 37-3-405), authorizations to confess judgment (Sections 37-2-415, 37-2-713, and 37-3-407), consumer rental-purchase disclosure (Section 37-2-702), consumer rental-purchase reinstatement (Section 37-2-714), noncredit term life insurance (Section 37-3-202(2)), lender subject to claims and defenses arising from sales and leases (Section 37-3-410(4)), card issuer subject to claims and defenses (Section 37-3-411(5)), authority to make supervised loans (Section 37-3-502), restrictions on interest in land as security (Section 37-3-510), limitations on the schedule of payments on loan terms for supervised loans (Section 37-3-511), or assurance of discontinuance (Section 37-6-109), the consumer has a cause of action to recover actual damages and also a right in an action other than a class action, to recover from the person violating this title a penalty in an amount determined by the court not less than one hundred dollars nor more than one thousand dollars. With respect to violations arising from sales or loans made pursuant to a revolving charge or a revolving loan account no action pursuant to this subsection may be brought more than two years after the violation occurred. With respect to violations arising from other consumer credit transactions, no action pursuant to this subsection may be brought more than one year after the scheduled or accelerated maturity of the debt."
SECTION ____. The 1976 Code is amended by adding:
"Section 38-75-90. The license authorizing a person to sell credit insurance shall also give the licensee the authority to sell Guaranteed Automobile Protection coverage (GAP) as defined by the Department of Insurance through regulation." /
Renumber sections to conform.
Amend title to conform.
Rep. GAMBLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 454 (Word version) -- Senator Land: A BILL TO AMEND SECTION 40-36-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF OCCUPATIONAL THERAPISTS AND OCCUPATIONAL THERAPY ASSISTANTS, SO AS TO CLARIFY AND REVISE THE REQUIREMENTS FOR REINSTATEMENT OF INACTIVE LICENSES IN THE PRACTICE OF OCCUPATIONAL THERAPY.
Rep. PARKS explained the Bill.
S. 333 (Word version) -- Senator Setzler: A BILL TO AMEND SECTION 40-30-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE RENEWAL FOR MASSAGE/BODY WORK THERAPISTS SO AS TO EXEMPT FROM CONTINUING EDUCATION THERAPISTS WHO HAVE BEEN IN PRACTICE FOR TWENTY-FIVE YEARS CONTINUOUSLY; TO AMEND SECTION 40-30-190 RELATING TO PROMULGATION OF REGULATIONS CONCERNING CONTINUING EDUCATION REQUIREMENTS SO AS TO CLARIFY THESE REQUIREMENTS.
Rep. PARKS explained the Bill.
S. 679 (Word version) -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, OFFICE OF STATE FIRE MARSHAL, RELATING TO FIRE PREVENTION AND LIFE SAFETY REGARDING BUILDINGS, USE OF HAZARDOUS SUBSTANCES, EXPLOSIVES, SERVICE STATIONS, LIQUEFIED PETROLEUM GAS, TENTS, GRANDSTANDS AND AIR-SUPPORTED STRUCTURES, FIRE EXTINGUISHERS, LOCAL DETENTION FACILITIES, AND PROXIMATE AUDIENCE PYROTECHNICS DESIGNATED AS REGULATION DOCUMENT NUMBER 2410, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. ASKINS explained the Joint Resolution.
H. 3430 (Word version) -- Reps. Rodgers, Knotts, Clyburn, Gourdine, McGee, McKay, Woodrum, Lloyd, Ott, Townsend and Gilham: A BILL TO AMEND SECTION 56-5-2585, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTION OF DISABLED VETERANS FROM PAYMENT OF MUNICIPAL PARKING METER FEES, SO AS TO INCLUDE PURPLE HEART RECIPIENTS IN THE EXEMPTION.
Rep. MARTIN explained the Bill.
The following Bill was taken up:
S. 199 (Word version) -- Senators J. Verne Smith, Wilson, Giese and Reese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2915 SO AS TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO ISSUE A REGISTRATION STATEMENT FOR A RELIGIOUS DAY CARE CENTER WHEN REQUIREMENTS ARE MET AND TO REQUIRE THE CENTER OPERATOR TO DISPLAY THE REGISTRATION AND USE ITS REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS UNDER DAY CARE LICENSING, SO AS TO REVISE THE DEFINITIONS OF "CHILD DAY CARE FACILITIES", "GROUP DAY CARE HOME", AND "FAMILY DAY CARE HOME", AND TO ADD DEFINITIONS; TO AMEND SECTION 20-7-2780, RELATING TO LICENSES OF CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REQUIRE STATING THE LICENSE NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2860, AS AMENDED, RELATING TO FAMILY DAY CARE HOME REGISTRATIONS, SO AS TO REQUIRE STATING THE REGISTRATION NUMBER IN ADVERTISEMENTS; TO AMEND SECTION 20-7-2900, AS AMENDED, RELATING TO REGISTRATION OF CERTAIN CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE THEM TO COMPLY WITH INSPECTION PROCEDURES AND WITH REQUIREMENTS FOR FLOOR SPACE, CHILD-STAFF RATIOS, AND STAFF TRAINING; TO AMEND SECTION 20-7-2910, RELATING TO REGISTRATION AND INSPECTIONS OF CHURCH OR RELIGIOUS DAY CARE CENTERS, SO AS TO REQUIRE INSPECTIONS TO BE CONDUCTED BEFORE RENEWAL RATHER THAN ANNUALLY; TO AMEND SECTION 20-7-2920, AS AMENDED, RELATING TO INJUNCTIONS AGAINST CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES, SO AS TO REVISE CONDITIONS FOR SEEKING AN INJUNCTION AGAINST AN OPERATOR; AND TO AMEND SECTION 20-7-3030, RELATING TO DECLARATORY ORDERS OF THE DEPARTMENT OF SOCIAL SERVICES CONCERNING CONSTRUCTION OR RENOVATIONS OF A FACILITY, SO AS TO DELETE THE PROVISION PROHIBITING AN APPEAL OF THESE ORDERS AND REQUIRE THE DEPARTMENT TO PROVIDE CONSULTATION TO ADDRESS ISSUES OF COMPLIANCE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PSD\AMEND\7453AC99):
Amend the bill, as and if amended, by deleting Section 20-7-2910 on page 8, and inserting:
/ "Section 20-7-2910. It shall be the responsibility of The child day care operator to notify the department of the fact of its operation and existence and to request inspection of the facility. It shall be the responsibility of shall submit a formal request for inspection of the child care facility to the department. The department to shall request that the local the appropriate state health and fire safety agencies to conduct an inspection of the facility at least annually before renewal of the registration and more often if necessary to insure ensure compliance with health and fire safety regulations. If there be no local health and safety agencies to conduct the inspection, then the appropriate state agency will conduct the inspection. The department shall register any such the day care facility upon notification from health and fire safety agencies that the day care facility is in compliance with such these regulations and the requirements of Section 20-7-2900.
The applicable regulations applied shall must be the same health and fire safety regulations applied to other facilities regulated under this subarticle as set forth in the December 28, 1976 regulations as filed with the Secretary of State by the department for Child Day Care Centers and Group Day Care Homes." /
Amend the bill further by deleting SECTION 12 and inserting:
/ SECTION 12. This act takes effect six months after approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. M. HINES explained the amendment.
Reps. DAVENPORT and LOFTIS requested debate on the Bill.
Rep. M. HINES continued speaking.
Reps. EASTERDAY, COTTY, VAUGHN and TRIPP requested debate on the Bill.
The motion of Rep. SHARPE to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, May 25 was taken up:
H. 3826 (Word version) -- Rep. Battle: A BILL TO AMEND CHAPTER 17, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST PUBLIC POLICY, BY ADDING SECTION 16-17-505, SO AS TO PROVIDE FOR THE OFFENSE OF SELLING OR HOLDING FOR SALE A PACKAGE OF CIGARETTES THAT VIOLATES FEDERAL LAW IN REGARD TO LABELS, PACKAGING, OR OTHER REQUIREMENTS, TO PROVIDE THAT THE ATTORNEY GENERAL MAY SEIZE AND DESTROY THE ILLEGAL PACKAGE, TO PROVIDE THAT THE DEPARTMENT OF REVENUE MAY REVOKE THE LICENSE TO SELL TOBACCO OF A PERSON WHO SELLS ILLEGAL CIGARETTE PACKAGES, TO PROVIDE THAT SELLING CIGARETTE PACKAGES IN VIOLATION OF THIS SECTION IS AN UNFAIR TRADE PRACTICE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. PHILLIPS moved to table the motion to reconsider.
Rep. MASON demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Bailey Brown J. Carnell Davenport Delleney Fleming Gamble Hines J. Hines M. Hinson Keegan Kirsh Klauber Knotts Lee Limehouse Littlejohn McCraw McLeod W. Meacham Neilson Phillips Rodgers Smith F. Stille Stuart Taylor Whatley Wilder
Those who voted in the negative are:
Allen Allison Bales Barfield Barrett Battle Beck Bowers Brown G. Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Easterday Edge Emory Gourdine Hamilton Harrell Harris Harrison Harvin Haskins Hayes Howard Jennings Kelley Kennedy Koon Lanford Law Leach Lloyd Loftis Lourie Lucas Mack Martin Mason McGee McKay McLeod M. McMahand Miller Moody-Lawrence Neal Ott Quinn Rhoad Rice Riser Robinson Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith J. Smith R. Tripp Vaughn Walker Webb Wilkes Woodrum Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider, which was agreed to.
Reps. PHILLIPS and KIRSH objected to the Bill.
Reps. CARNELL, WILDER, TAYLOR, MCCRAW, HAWKINS, KLAUBER, NEILSON, J. HINES and J. H. NEAL requested debate on the Bill.
The following Bill was taken up:
H. 4000 (Word version) -- Reps. Hamilton, Wilkins, Townsend, Altman, Bales, Battle, Barrett, Beck, G. Brown, H. Brown, Canty, Carnell, Clyburn, Cooper, Cotty, Dantzler, Davenport, Easterday, Emory, Gilham, Gourdine, Harrell, Hayes, J. Hines, M. Hines, Hinson, Jennings, Keegan, Kelley, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Maddox, Martin, Mason, McCraw, McGee, Miller, Parks, Phillips, Rodgers, Sandifer, D. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Vaughn, Young-Brickell and Simrill: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 75 SO AS TO ENACT THE "SOUTH CAROLINA EDUCATION FLEXIBILITY PARTNERSHIP ACT OF 1999" WHICH AUTHORIZES THE STATE DEPARTMENT OF EDUCATION TO GRANT WAIVERS TO SCHOOLS AND SCHOOL DISTRICTS FROM SPECIFIED STATE STATUTORY AND REGULATORY EDUCATIONAL REQUIREMENTS UNDER CERTAIN CONDITIONS.
Reps. HAMILTON and SHEHEEN proposed the following Amendment No. 1 (Doc Name B21\4000.HAM&SHE), which was adopted.
Amend the bill, as and if amended, by striking Section 59-75-20.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 277 (Word version) -- Senators Thomas, Giese and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO PROVIDE THAT SELLING URINE WITH THE INTENT TO DEFRAUD A DRUG SCREENING TEST IS A FELONY, AND TO PROVIDE A PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9331SOM99):
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 16-13-470. (A) It is unlawful for a person to:
(1) sell or give away urine in this State or transport urine into this State with the intent of using the urine to defraud a drug or alcohol screening test;
(2) attempt to foil or defeat a drug or alcohol screening test by the substitution of a sample or the advertisement of a sample substitution or other spiking device or measure;
(3) adulterate a urine or other bodily fluid sample with the intent to defraud a drug or alcohol screening test;
(4) possess adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test; or
(5) sell adulterants which are intended to be used to adulterate a urine or other bodily fluid sample for the purpose of defrauding a drug or alcohol screening test.
(B) A person who violates a provision of subsection (A):
(1) for a first offense, is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both; and
(2) for a second or subsequent offense, is guilty of a felony and, upon conviction, must be fined not more than ten thousand dollars or imprisoned not more than five years, or both."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. JENNINGS explained the amendment.
Rep. LOFTIS 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. 3963 (Word version) -- Rep. Quinn: A BILL TO AMEND SECTION 12-43-217, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCHEDULE OF COUNTYWIDE REASSESSMENT AND EQUALIZATION PROGRAM, SO AS TO PROVIDE FOR A DELAY IN THE IMPLEMENTATION OF THE REVISED VALUES RESULTING FROM SUCH A PROGRAM IN JURISDICTIONS WHICH CROSS COUNTY LINES EXCEPT WHERE ALL COUNTIES IN WHICH THE JURISDICTIONS LOCATED SIMULTANEOUSLY IMPLEMENT SUCH A PROGRAM.
Rep. QUINN 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 motion of Rep. J. BROWN to reconsider the vote whereby the following Bill was given a third reading was taken up and agreed to:
S. 728 (Word version) -- Medical Affairs Committee: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT".
On motion of Rep. J. BROWN, with unanimous consent, the following Bill was ordered recalled from Legislative Council:
S. 728 (Word version) -- Medical Affairs Committee: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 76, THE "SOUTH CAROLINA AUTOMATED EXTERNAL DEFIBRILLATOR ACT".
Rep. COBB-HUNTER asked unanimous consent to recall S. 586 from the Committee on Ways and Means.
Rep. R. SMITH objected.
Rep. VAUGHN asked unanimous consent to recall S. 749 from the Committee on Ways and Means.
Rep. F. SMITH objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3002 (Word version) -- Reps. Wilkins, Hawkins, Altman, J. Brown, Loftis, Leach, Kelley, Harvin, Walker, D. Smith, Campsen, Stille, Davenport, Rice, Barrett, Cotty, Lanford, Wilder, Sharpe, Delleney, Littlejohn, Tripp, Witherspoon, Harris, Carnell, Kirsh, Vaughn, Webb, McKay, Riser, Sandifer, Cato, Simrill, Allison, Harrison, Barfield, McGee, Meacham, Hamilton, Koon, Fleming, Martin, Mason, Gilham, Edge, Robinson, Emory, McCraw, W. McLeod and J. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-170, ENACTING THE GAMBLING CRUISE PROHIBITION ACT, SO AS TO PROHIBIT GAMBLING ON A CRAFT THAT EMBARKS AND DISEMBARKS FROM ANY POINT IN THIS STATE AND TO MAKE THIS PROHIBITION APPLY WHETHER OR NOT THE GAMBLING ACTIVITIES ARE CONDUCTED WITHIN THE WATERS OF THIS STATE, AND TO PROVIDE A PENALTY.
Rep. RICE moved to adjourn debate upon the Senate amendments until Wednesday, May 12, which was agreed to.
The following Bill was taken up:
S. 379 (Word version) -- Senators Bryan, Setzler, Giese, Drummond, Martin, McGill, J. Verne Smith, Ravenel, Anderson, O'Dell, Passailaigue, Moore, Branton, Courtney, Wilson, Hutto, Fair, Hayes, Washington, Alexander, Leventis, Saleeby, Land, Reese, Short, Patterson, Holland, McConnell, Russell, Rankin, Mescher, Thomas, Grooms, Ryberg, Ford, Gregory, Waldrep, Jackson, Matthews, Courson, Glover, Cork, Elliott and Peeler: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 146 SO AS TO ENACT THE "STATE SCHOOL FACILITIES BOND ACT" WHICH AUTHORIZES THE ISSUANCE OF SCHOOL FACILITIES BONDS AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS.
Rep. COBB-HUNTER spoke against the Bill.
The Bill was read the third time, and ordered returned to the Senate with amendments.
Rep. RICE moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4064 (Word version) -- Reps. Allen and Maddox: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO T. L. HANNA HIGH SCHOOL OF ANDERSON COUNTY UPON WINNING THE PRESTIGIOUS 1998-1999 CAROLINA FIRST PALMETTO'S FINEST AWARD IN RECOGNITION OF BEING SELECTED AS THE "BEST HIGH SCHOOL IN THE STATE".
H. 4065 (Word version) -- Rep. J. Smith: A CONCURRENT RESOLUTION RECOGNIZING AND CONGRATULATING ST. ANDREWS MIDDLE SCHOOL FOR BEING ONE OF FIFTY NORTH AMERICAN SCHOOLS SELECTED AS A GRAND PRIZE WINNER OF THE 1999 DAIMLER CHRYSLER AWARD OF EXCELLENCE AND TO CONGRATULATE NATHANIEL P. WINGARD, CHOSEN TO REPRESENT THE SCHOOL ON THE GRAND PRIZE TOUR OF WASHINGTON, D.C. AND GERMANY.
H. 4081 (Word version) -- Rep. W. McLeod: A CONCURRENT RESOLUTION TO CONGRATULATE THE NEWBERRY ACADEMY VARSITY BOYS BASKETBALL TEAM FOR WINNING THE 1998-99 SOUTH CAROLINA INDEPENDENT SCHOOLS' ASSOCIATION CLASS AA BASKETBALL CHAMPIONSHIP AND TO COMMEND THEM FOR THEIR OUTSTANDING SEASON AND RECORD OF TWENTY-NINE WINS AND FIVE LOSSES.
At 1:25 P.M. the House in accordance with the motion of Rep. YOUNG-BRICKELL adjourned in memory of Charles Davis of Summerville, to meet at 10:00 A.M. tomorrow.
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