Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Compassionate God, we come in this prayer with heavy hearts, with hearts made sad by the death of our good friend and distinguished colleague "Rudy" Mason. We thank You for giving him to us to know and to love as we walked hand in hand as co-workers here. We thank You for his zest for life and his devotion to our God. Grant to his family and to all others who loved Rudy most a sure and certain confidence in Your loving care that in all their sorrow they may feel the consolation of Your unfailing presence. Give to us all a sure faith that sees in death the gate to eternal life. To You, Lord God, in Your Son be all 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 yesterday, the SPEAKER ordered it confirmed.
Rep. R. SMITH moved that when the House adjourns, it adjourn in memory of Representative Rudolph Marion "Rudy" Mason, which was agreed to.
The following was introduced:
H. 4235 (Word version) -- Reps. R. Smith, Beck, Clyburn, Sharpe, Wilkins, Cato, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Chellis, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE FAMILY OF THE HONORABLE RUDOLPH MARION "RUDY" MASON, A MEMBER OF THE HOUSE OF REPRESENTATIVES, WHO DIED UNEXPECTEDLY EARLIER THIS WEEK.
Whereas, the members of the House of Representatives were deeply saddened to learn of the untimely death of their dear friend and respected colleague, Representative Rudolph Marion "Rudy" Mason, who died unexpectedly earlier this week; and
Whereas, Representative Mason was born on March 21, 1933, in Henderson, Vance County, North Carolina, the son of Marion W. and Mildren J. Mason; and
Whereas, Rudy Mason was educated in the public schools of Henderson, Vance County, North Carolina, and later attended Lynchburg College, Lynchburg, Virginia, where he was president of the student body. He graduated from Lynchburg College with a BA Degree in 1957; and
Whereas, on April 13, 1956, he married Lu Ann Graves, and they have four children: Daniel, Steven, Thomas, and Betsy; and
Whereas, active in business as an insurance agent, Rudy Mason was a past president of Aiken Sertoma Club and served his community as a member of the City of Aiken Planning Commission for six years and also served as chairman of the planning commission for two years; and
Whereas, Representative Mason served as an elected member of the South Carolina House of Representatives from 1995 until his death. During his tenure as a member of the House of Representatives, he quickly earned the respect, trust, and affection of his legislative colleagues; and
Whereas, Rudy Mason was recognized and respected for his commitment to good government, for his insight into complicated legislative issues, and for his leadership ability. He served as chairman of the Labor, Commerce and Industry Committee's Subcommittee on Insurance where his experience in the insurance industry and his qualities as a leader served the people of his district and the State exceedingly well. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, hereby express the deepest sympathy of the members of the South Carolina House of Representatives to the family of the Honorable Rudolph Marion "Rudy" Mason, a member of the South Carolina House of Representatives, who died unexpectedly earlier this week.
Be it further resolved that a copy of this resolution be forwarded to the widow of the Honorable Rudolph Marion "Rudy" Mason, Mrs. Lu Ann Graves Mason of Aiken.
The Resolution was adopted.
The following was taken up for immediate consideration:
S. 818 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION AUTHORIZING THE SOUTH CAROLINA STUDENT LEGISLATURE THE USE OF THE HOUSE AND SENATE CHAMBERS ON THURSDAY, NOVEMBER 4TH AND FRIDAY, NOVEMBER 5TH, 1999, AND THE USE OF AVAILABLE MEETING SPACE IN THE BLATT OFFICE BUILDING ON WEDNESDAY, NOVEMBER 3RD, 1999, FOR THE ORGANIZATION'S ANNUAL MEETING, IN ACCORDANCE WITH THE BUILDING POLICY AS ADMINISTERED BY THE CLERKS OF THE RESPECTIVE BODIES.
Whereas, the South Carolina Student Legislature encourages the youth of our State to develop enthusiasm and appreciation for governmental and community issues; and
Whereas, the South Carolina Student Legislature has produced many of the great leaders throughout our State and nation; Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the South Carolina Student Legislature is allowed the use of the House and Senate chambers on November 4th through 5th and the Blatt Office Building November 3rd, 1999, during normal business hours (8:30 A.M. to 5:00 P.M.). If the General Assembly is in statewide session on any of these days, the Blatt Building may not be used.
Be it further resolved that the South Carolina Student Legislature shall be granted access to and use of the respective chambers in accordance with such guidelines and requirements as the clerks of the House and Senate shall direct.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Student Legislature.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 872 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "HISTORIC DOWNTOWN NEWBERRY" AND THAT INDICATE THE DIRECTION TO THE HISTORIC AREA ON INTERSTATE 26 AT EXITS 72, 74, AND 76.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
S. 892 (Word version) -- Senator Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE SUSAN H. BROOKS, DIRECTOR OF INTERNATIONAL PROGRAMS AND SERVICES AT THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, ON BEING NAMED OUTSTANDING FEMALE STATE EMPLOYEE BY THE SOUTH CAROLINA STATE EMPLOYEES ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4236 (Word version) -- Reps. Wilkins, H. Brown, J. Brown, Cato, Hawkins and D. Smith: A BILL TO AMEND ARTICLE 5, CHAPTER 5 OF TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC LAWS, BY ADDING SECTION 56-5-830 SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL PHOTOGRAPHIC SYSTEMS; TO AMEND SECTION 14-25-45, RELATING TO THE JURISDICTION OF MUNICIPAL COURTS, SO AS TO PROVIDE FOR JURISDICTIONS OVER NONCRIMINAL CITATIONS ISSUED PURSUANT TO SECTION 56-5-830; AND TO AMEND SECTION 56-5-710, RELATING TO THE POWERS OF LOCAL AUTHORITIES TO ENFORCE TRAFFIC LAWS, SO AS TO ADD THE AUTHORITY TO ADOPT ORDINANCES FOR THE CIVIL ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY THE USE OF TRAFFIC CONTROL PHOTOGRAPHIC SYSTEMS.
Referred to Committee on Judiciary
S. 575 (Word version) -- Senator Giese: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA SALES TAX, SO AS TO PROVIDE FOR THE EXEMPTION OF SPECIFIED MEDICAL AND PHARMACEUTICAL SUPPLIES USED FOR THE INTRAVENOUS ADMINISTRATION OF A PRESCRIPTION DRUG OR MEDICINE IN CERTAIN SITUATIONS.
Referred to Committee on Ways and Means
S. 649 (Word version) -- Senators Matthews, Washington, Patterson and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 7 TO TITLE 31 SO AS TO PROVIDE FOR THE ISSUANCE OF INDEBTEDNESS BY COUNTIES IN CONNECTION WITH REDEVELOPMENT PROJECTS AND THE PAYMENT OF SUCH INDEBTEDNESS FROM ADDED INCREMENTS OF TAX REVENUES.
Referred to Committee on Ways and Means
S. 848 (Word version) -- Senators Glover, McGill, Land and Elliott: A BILL TO PROVIDE FOR PAYMENT FOR THE ATTENDANCE OF MEETINGS BY THE FLORENCE COUNTY TRANSPORTATION COMMITTEE.
Referred to the Florence Delegation
S. 881 (Word version) -- Senators Setzler, Courson, Short, Waldrep, Glover, Anderson and Thomas: A JOINT RESOLUTION TO PROVIDE THAT FOR FISCAL YEAR 1999-2000, FOR PURPOSES OF A SCHOOL DISTRICT USING FUNDS AVAILABLE PURSUANT TO CHAPTER 144 OF TITLE 59 OF THE 1976 CODE, THE TERM "SCHOOL FACILITIES" INCLUDES PORTABLE CLASSROOMS.
Referred to Committee on Ways and Means
On motion of Rep. WILKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 4237 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe, D. Smith and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 15, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL FRIDAY, JUNE 18, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 18, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
Be it resolved by the House of Representatives, the Senate concurring:
1. Pursuant to the provisions of Article III, Section 21 of the Constitution of this State and Section 2-1-180 of the 1976 Code, the mandatory sine die adjournment date for the General Assembly is extended, as authorized by law, to permit the General Assembly to continue in session after Thursday, June 3, 1999, under the terms and conditions stipulated in this resolution and for this purpose each house agrees that, when the House of Representatives and Senate adjourn on Thursday, June 3, 1999, not later than 5:00 P.M., each house shall stand adjourned to meet in statewide session at 11:00 A.M. on Tuesday, June 15, 1999, and to continue in statewide session, if necessary, not later than 5:00 P.M. on Friday, June 18, 1999, for the following matters and subject to the following conditions, as applicable:
(A) consideration of gubernatorial vetoes;
(B) receipt, consideration, and confirmation of appointments;
(C) ratification of acts;
(D) consideration of local legislation which has the unanimous consent of the affected delegation;
(E) concurrence or nonconcurrence in amendments on bills received from the other house and receipt, consideration, and disposition of conference and free conference reports, appointment of conference and free conference committees, and messages pertaining to such reports and appointments;
(F) consideration of resolutions expressing sympathy or congratulations;
(G) consideration of resolutions to schedule meetings of the General Assembly in joint assembly in the Hall of the House of Representatives for the purpose of conducting judicial elections;
(H) elections shall be limited to offices for which candidates have been screened provided that all nominations for any office may only be made by the Chairman of the Judicial Screening Commission and no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate;
(I) consideration of legislation to continue appropriation authorizations and necessary provisos of Act 419 of 1998 beyond June 30, 1999; and
(J) consideration of H. 3963, H.3698, and H.3699.
2. Each house may also provide for local session days during the period between June 3, 1999, and June 15, 1999, for consideration of local legislation which has the unanimous consent of the affected delegation.
3. The President or President Pro Tempore of the Senate and the Speaker of the House may ratify acts at a mutually convenient time between June 3, 1999, and June 15, 1999.
4. When each house adjourns not later than 5:00 P.M. on Friday, June 18, 1999, the General Assembly shall stand adjourned sine die.
Rep. WILKINS explained the Resolution.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4238 (Word version) -- Reps. Robinson and Rice: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE WILLIAM A. "BILL" CARR, UPON LEARNING HE WILL NOT OFFER FOR REELECTION AFTER SIXTEEN YEARS OF CONTINUOUS SERVICE AS THE LONGEST-SERVING MAYOR OF THE CITY OF EASLEY, SOUTH CAROLINA, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS ON THE OCCASION OF HIS RETIREMENT.
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 Altman Bailey Bales Barfield Barrett Battle Bowers Breeland Brown H. Brown J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Edge Emory Fleming Gamble Gilham Gourdine Govan Hamilton Harris Harvin Hawkins Hayes Hines J. Hines M. Hinson Inabinett Keegan Kelley Kennedy Kirsh Knotts Leach Lee Lloyd Loftis Lourie Lucas Mack McCraw McKay McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neal J.M. Ott Parks Pinckney Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith D. Smith F. Smith R. Stuart Taylor Trotter Vaughn Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Thursday, June 3.
Merita Allison Harry Askins Scott Beck Ralph Canty Ralph Davenport Greg Delleney Michael Easterday Grady Brown Robert Harrell James Harrison Terry Haskins Leon Howard James Smith Douglas Jennings James Klauber Larry Koon Steve Lanford James Law H.B. "Chip" Limehouse Lanny Littlejohn E.B. "Mac" McLeod Jesse Maddox Becky Martin James McGee Denny Neilson Olin Phillips Richard Quinn Todd Rutherford Harry Stille Theodore Brown Ronald Townsend Daniel Tripp Robert Walker
LEAVE OF ABSENCE
The SPEAKER granted Rep. LITTLEJOHN a temporary leave of absence.
The SPEAKER granted Reps. TOWNSEND, STILLE and WALKER temporary leaves of absence due to the conference committee meeting on First Steps.
Announcement was made that Dr. Randolph Smoak of Orangeburg and Dr. Thomas A. Whitaker of Myrtle Beach are the Doctors 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. 4019 (Word version)
Date: ADD:
06/03/99 RISER
Bill Number: H. 4057 (Word version)
Date: ADD:
06/03/99 RISER
The House stood in silent prayer in memory of Representative Rudy Mason.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 4199 (Word version) -- Reps. Kelley and Edge: A BILL TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, AND ENACT AND ENFORCE SAFETY REGULATIONS AND TO EXTEND THE SAME AUTHORITY TO THE GOVERNING BODY OF HORRY COUNTY FOR PUBLIC BEACHES IN THE UNINCORPORATED AREA OF THE COUNTY, TO PROVIDE THAT THE MUNICIPALITIES AND COUNTY MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO PROVIDE THAT COASTAL MUNICIPALITIES IN HORRY COUNTY AND THE GOVERNING BODY OF HORRY COUNTY HAVE THE AUTHORITY TO MAKE CHARGES AND GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES IN RESPECTIVELY THE MUNICIPALITY AND IN THE UNINCORPORATED AREA OF THE COUNTY, AND TO PROVIDE THAT THIS ACT DOES NOT MAKE, ALTER, OR ABROGATE CONTRACTS IN EFFECT ON THE EFFECTIVE DATE OF THIS ACT.
H. 4204 (Word version) -- Rep. D. Smith: A BILL TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL TO EMPLOY FULL-TIME FIREMEN AND A FIRE CHIEF.
H. 4186 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FREE TEXTBOOKS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2362, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4187 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF EDUCATION, RELATING TO DEFINED PROGRAM GRADES 9 - 12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2317, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4188 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO COMPUTING EXPERIENCE FOR TEACHERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2400, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4016 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 59-47-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF COMMISSIONERS OF THE SCHOOL FOR THE DEAF AND BLIND, SO AS TO INCREASE THE BOARD BY THREE MEMBERS WHO MUST BE PARENTS OF STUDENTS OR FORMER STUDENTS ONE OF WHOM MUST BE BLIND, ONE DEAF, AND ONE MULTIHANDICAPPED.
The following Bills and Joint Resolution were taken up, read the third time, and ordered returned to the Senate with amendments:
S. 684 (Word version) -- Senators Grooms and Mescher: A BILL TO ENACT THE BERKELEY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT.
S. 597 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 56-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE THAT A TEMPORARY ALCOHOL RESTRICTED LICENSE SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES AN ORDER AND SENDS NOTICE TO A PERSON THAT HIS SUSPENSION WAS UPHELD AT THE ADMINISTRATIVE HEARING, AND TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY.
S. 250 (Word version) -- Senators Leatherman and Hayes: A BILL TO AMEND SECTION 2-17-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOBBYIST'S REPORTING OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-35, AS AMENDED, RELATING TO LOBBYIST'S PRINCIPAL'S REPORTING OF LOBBYING EXPENDITURES, SO AS TO CHANGE THE TIME FOR FILING REPORTS; TO AMEND SECTION 2-17-40, AS AMENDED, RELATING TO THE STATE AGENCY REPORT OF LOBBYING ACTIVITIES, SO AS TO CHANGE THE TIME FOR FILING THE REPORTS; TO AMEND SECTION 2-17-90, AS AMENDED, RELATING TO ACTS PROHIBITED OF LOBBYISTS' PRINCIPALS, ACTS PROHIBITED OF PUBLIC OFFICIALS AND EMPLOYEES, EXCEPTIONS, AND DISCLOSURE REQUIREMENTS, SO AS TO EXCLUDE CABINET OFFICERS; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO REQUIRE THE APPROVAL OF THE STATE ETHICS COMMISSION, IN ADDITION TO THE RESPONDENT, TO WAIVE THE CONFIDENTIALITY OF THE EXISTENCE OF THE COMPLAINT AFTER IT HAS BEEN DISMISSED WHEN A COMPLAINT DOES NOT ALLEGE FACTS SUFFICIENT TO CONSTITUTE A VIOLATION; TO AMEND SECTION 8-13-1310, AS AMENDED, RELATING TO THE RECIPIENTS OF CERTAIN CAMPAIGN REPORTS AND COPIES OF THEM AND THE STATE ETHICS COMMISSION REVIEW, SO AS TO ELIMINATE THE REQUIREMENT TO SEND CAMPAIGN REPORTS TO THE STATE ELECTION COMMISSION; TO AMEND SECTION 8-13-1366, RELATING TO THE PUBLIC AVAILABILITY OF CERTIFIED CAMPAIGN REPORTS, SO AS TO ELIMINATE THE STATE ELECTION COMMISSION AS A LOCATION OF THESE REPORTS; AND TO AMEND SECTION 8-13-1372, RELATING TO TECHNICAL VIOLATIONS OF RULES ON CAMPAIGN REPORTS, SO AS TO SUBSTITUTE THE STATE ETHICS COMMISSION FOR THE STATE ELECTION COMMISSION AS THE AGENCY RESPONSIBLE FOR DETERMINING ERRORS OR OMISSIONS ON CAMPAIGN REPORTS.
S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.
S. 11 (Word version) -- Senators Drummond, Elliott, Leventis, Rankin, Reese and Short: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO ASSESSMENT RATIOS AND CLASSES OF PROPERTY FOR PURPOSES OF THE PROPERTY TAX, SO AS TO CREATE A NEW CLASS OF PERSONAL PROPERTY REQUIRED TO BE TITLED BY A STATE OR FEDERAL AGENCY, NOT INCLUDING UNITS OF MANUFACTURED HOUSING, ASSESSED AT TEN AND ONE-HALF PERCENT OF FAIR MARKET VALUE OR SOME PERCENTAGE LESS THAN TEN AND ONE-HALF PERCENT BUT NOT LESS THAN SIX PERCENT SET BY THE GOVERNING BODY OF THE COUNTY IN CONSULTATION WITH ALL PROPERTY TAXING ENTITIES IN THE COUNTY; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO REASSESSMENT OF REAL PROPERTY, SO AS TO ALLOW A COUNTY GOVERNING BODY TO LIMIT THE INCREASE IN REAL PROPERTY VALUE TO FIFTEEN PERCENT AS A RESULT OF A COUNTYWIDE REASSESSMENT AND EQUALIZATION AND TO PROVIDE CERTAIN EXCEPTIONS TO THIS LIMITATION.
The following Bill was taken up:
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM, AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT.
Rep. LEE moved to adjourn debate on the Bill.
Rep. COTTY moved to table the motion.
Rep. LEE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Campsen Chellis Cotty Dantzler Emory Gilham Hinson Keegan Koon Maddox Neal J.M. Riser Rodgers Smith R. Taylor Woodrum
Those who voted in the negative are:
Allen Allison Bales Barfield Barrett Battle Beck Bowers Breeland Brown J. Brown T. Cato Clyburn Cobb-Hunter Cooper Gamble Gourdine Govan Hamilton Harris Harvin Hayes Hines J. Hines M. Howard Kennedy Kirsh Leach Lee Lloyd Loftis Lourie Lucas Martin McMahand Miller Moody-Lawrence Ott Parks Pinckney Rhoad Rice Robinson Rutherford Scott Simrill Smith F. Smith J. Stuart Trotter Vaughn Webb Whipper Wilder Wilkes
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate, which was agreed to.
The following Joint Resolutions were read the third time, passed and having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act and that they be enrolled for Ratification:
S. 631 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ACCEPTABLE CREDITS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2387, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 634 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO APPLICATION FOR TEACHING CREDENTIAL, REQUIRED DOCUMENTATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2392, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 642 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR CREDENTIAL ADVANCEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2394, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 641 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2396, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 792 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PERSONS REQUIRED TO HOLD A TEACHING LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2385, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 793 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO STUDENT TEACHING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2389, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 744 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO READING, WRITING, AND MATHEMATICS OBJECTIVES FOR GRADES 1-12, DESIGNATED AS REGULATION DOCUMENT NUMBER 2369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 632 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIRED EXAMINATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2390, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 639 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EFFECTIVE DATE OF CREDENTIAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2393, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 635 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHING EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2401, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 633 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO OTHER EXPERIENCE ACCEPTABLE FOR CREDIT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2402, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 637 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FOREIGN APPLICANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2399, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 638 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPIRED LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2398, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 796 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TYPES OF LEVELS OF CREDENTIAL CLASSIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2395, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 795 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR ADDITIONAL AREAS OF LICENSURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2403, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 794 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL LICENSURE AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2404, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. ROBINSON moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 4166 (Word version) -- Reps. Robinson, Allen, Altman, Barrett, Campsen, Cato, Cobb-Hunter, Cooper, D. Smith, Davenport, Delleney, Easterday, Edge, Gamble, Hamilton, Haskins, Hawkins, Kirsh, Klauber, Koon, Lanford, Leach, Littlejohn, Loftis, Lourie, Maddox, McGee, Meacham, Miller, Moody-Lawrence, Quinn, Rice, Sharpe, Sheheen, Simrill, Stille, Tripp, Trotter, Vaughn, Walker, Woodrum, Sandifer, Riser and Allison: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1999-2000 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Rep. FLEMING moved to adjourn debate upon the following Bill, which was adopted:
S. 493 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.
Rep. EDGE moved to adjourn debate upon the following Bill, which was adopted:
H. 3903 (Word version) -- Reps. Edge and Kelley: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 5-7-145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE AUTHORITY OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT ITS AUTHORITY TO GRANT FRANCHISES IN AREAS OUTSIDE THE CORPORATE LIMITS OF MUNICIPALITIES WITHIN THE COUNTY IN THE MANNER PROVIDED BY LAW FOR MUNICIPALITIES AND SUBJECT TO THE SAME LIMITATIONS INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; AND TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF THE MUNICIPALITIES, SO AS TO PROVIDE THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES.
Rep. KNOTTS moved to adjourn debate upon the following Bill, which was adopted:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
Rep. BARRETT moved to adjourn debate upon the following Joint Resolution, which was adopted:
S. 640 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. RICE moved to adjourn debate upon the following Bill, which was adopted:
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.
Upon the withdrawal of requests for debate by Reps. RISER, HINSON, HAMILTON, LOFTIS, NEILSON and WITHERSPOON, the following Bill was taken up:
S. 181 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE.
Rep. SIMRILL moved to adjourn debate on the Bill, which was adopted.
Reps. SIMRILL and KNOTTS withdrew their requests for debate on H. 3786; however, other requests for debate remained on the Bill.
Rep. KIRSH withdrew his request for debate on the following Bill:
S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.
Rep. WHATLEY withdrew his request for debate on S. 709; however, other requests for debate remained on the Bill.
Reps. CLYBURN and WITHERSPOON withdrew their requests for debate on S. 126; however, other requests for debate remained on the Bill.
On motion of Rep. COTTY, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary:
S. 764 (Word version) -- Judiciary Committee: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AND REPORT ON THE STATUTORY AND CONSTITUTIONAL RAMIFICATIONS OF VARIOUS METHODS FOR IMPROVING AND ASSURING THE SPEEDY DISPOSITION OF CIVIL CASES IN CIRCUIT COURTS AND MAGISTRATES COURTS.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:
S. 703 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 50-3-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF AN OFFICIAL SUMMONS BY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO AUTHORIZE USE OF THE OFFICIAL SUMMONS BY ANY OFFICER DEPUTIZED BY THE DEPARTMENT PURSUANT TO SECTION 27-16-70(C)(2); AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR THE IMMUNITY FOR DEPUTY ENFORCEMENT OFFICERS OF THE DEPARTMENT OF NATURAL RESOURCES.
On motion of Rep. PINCKNEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
S. 810 (Word version) -- Senator Washington: A BILL TO AMEND SECTION 7-7-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN JASPER COUNTY, SO AS TO DELETE SPECIFIC DELINEATIONS OF THE BOUNDARIES OF THESE VOTING PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH LINES OF THESE PRECINCTS ARE DELINEATED AND MAINTAINED BY THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD, TO REDESIGNATE AN ADDITIONAL PRECINCT AS RIDGELAND 3, AND PROVIDE THAT POLLING PLACES FOR THESE PRECINCTS MUST BE DETERMINED BY THE BOARD OF ELECTIONS AND VOTER REGISTRATION OF JASPER COUNTY WITH THE APPROVAL OF A MAJORITY OF THE JASPER COUNTY LEGISLATIVE DELEGATION.
Rep. J. BROWN asked unanimous consent to recall S. 80 from the Committee on Ways and Means.
Rep. YOUNG-BRICKELL objected.
The Senate amendments to the following Bill were taken up for consideration:
H. 3522 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Rep. KEEGAN moved to adjourn debate on the Senate amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Harris, J. Smith, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Rep. CATO proposed the following Amendment No. 1A (Doc Name PSD\AMEND\7570AC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 9 of Title 58 of the 1976 Code is amended by adding:
Section 58-9-2200. As used in this article:
(1) 'Telecommunications service' means the provision, transmission, conveyance, or routing for a consideration of voice, data, video, or any other information or signals of the purchaser's choosing to a point, or between or among points, specified by the purchaser, by or through any electronic, radio, or similar medium or method now in existence or hereafter devised. The term 'telecommunications service' includes, but is not limited to, local telephone services, toll telephone services, telegraph services, teletypewriter services, teleconferencing services, private line services, channel services, internet protocol telephony, and mobile telecommunications services and to the extent not already provided herein, those services described in Standard Industrial Classification (SIC) 481 and North American Industry Classification System (NAICS) 5133, except satellite services exempted by law.
(2) 'Retail telecommunications service' includes telecommunications services as defined in item (1) of this section but shall not include:
(a) telecommunications services which are used as a component part of a telecommunications service, are integrated into a telecommunications service, or are otherwise resold by another provider to the ultimate retail purchaser who originates or terminates the end-to-end communication including, but not limited to, the following:
(i) carrier access charges;
(ii) right of access charges;
(iii) interconnection charges paid by the providers of mobile telecommunications services or other telecommunications services;
(iv) charges paid by cable service providers for the transmission by another telecommunications provider of video or other programming;
(v) charges for the sale of unbundled network elements;
(vi) charges for the use of intercompany facilities; and
(vii) charges for services provided by shared, not for profit public safety radio systems approved by the FCC;
(b) information and data services including the storage of data or information for subsequent retrieval, the retrieval of data or information, or the processing, or reception and processing, of data or information intended to change its form or content;
(c) cable services that are subject to franchise fees defined and regulated under 47 U.S.C. Section 542;
(d) satellite television broadcast services.
(3) 'Telecommunications company' means a provider of one or more telecommunications services.
(4) 'Cable service' includes, but is not limited to, the provision of video programming or other programming service to purchasers, and the purchaser interaction, if any, required for the selection or use of the video programming or other programming service, regardless of whether the programming is transmitted over facilities owned or operated by the cable service provider or over facilities owned or operated by one or more other telecommunications service providers.
(5) 'Mobile telecommunications service' includes, but is not limited to, any one-way or two-way radio communication service carried on between mobile stations or receivers and land stations and by mobile stations communicating among themselves, through cellular telecommunications services, personal communications services, paging services, specialized mobile radio services and any other form of mobile one-way or two-way communications service.
(6) 'Service address' means the location of the telecommunications equipment from which telecommunications services are originated or at which telecommunications services are received by a retail customer. If this is not a defined location, as in the case of mobile phones, paging systems, maritime systems, and the like, 'service address' means the location of the retail customer's primary use of the telecommunications equipment or the billing address as provided by the customer to the service provider, provided that the billing address is within the licensed service area of the service provider.
(7) 'Bad debt' means any portion of a debt that is related to a sale of telecommunications services and which has become worthless or UNCOLLECTIBLE, as determined under applicable federal income tax standards.
Section 58-9-2210. Nothing in this article shall limit a municipality's authority to enter into and charge for franchise agreements with respect to cable services as governed by 47 U.S.C. Section 542.
Section 58-9-2220. Notwithstanding any provision of law to the contrary:
(1) A business license tax levied by a municipality upon retail telecommunications services for the years 1999 through the year 2003 shall not exceed two-tenths of one percent of the gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For business license tax levied for the year 2004 and every year thereafter the tax shall not exceed five-tenths of one percent of gross income derived from the sale of retail telecommunications services for the preceding calendar or fiscal year which either originate or terminate in the municipality and which are charged to a service address within the municipality regardless of where these amounts are billed or paid and on which a business license tax has not been paid to another municipality. For a business in operation for less than one year, the amount of business license tax authorized by this section must be computed based on a twelve-month projected income.
(2) A business license tax levied by a municipality upon the retail telecommunications services provided by a telecommunications company must be levied in a competitively neutral and nondiscriminatory manner upon all providers of retail telecommunications services.
(3) The measurement of the amounts derived from the retail sale of telecommunications services does not include:
(a) an excise tax, sales tax, or similar tax, fee, or assessment levied by the United States or any state or local government including, but not limited to, emergency telephone surcharges, upon the purchase, sale, use, or consumption of a telecommunications service, which is permitted or required to be added to the purchase price of the service; and
(b) bad debts.
(4) A business license tax levied by a municipality upon a telecommunications company must be reported and remitted on an annual basis. The municipality may inspect the records of the telecommunications company as they relate to payments under this Article.
(5) The measurement of the amounts derived from the retail sale of mobile telecommunications services shall include only revenues from the fixed monthly recurring charge of customers whose service address is within the boundaries of the municipality.
Section 58-9-2230. (A) A municipality must manage its public rights-of-way on a competitively neutral and nondiscriminatory basis and may impose a fair and reasonable franchise or consent fee on a telecommunications company for use of the public streets and public property to provide telecommunications service unless the telecommunications company has an existing contractual, constitutional, statutory, or other right to construct or operate in the public streets and public property including, but not limited to, consent previously granted by a municipality. Any such fair and reasonable franchise or consent fee which may be imposed upon a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 - 1,000 $100.00
Tier II 1,001 - 3,000 $200.00
Tier III 3,001 - 5,000 $300.00
Tier IV 5,001 - 10,000 $500.00
Tier V 10,001 - 25,000 $750.00
Tier VI Over 25,000 $1,000.00
(B) A municipality must manage its public rights-of-way on a competitively neutral and nondiscriminatory basis and may impose an administrative fee upon a telecommunications company which is not subject to subsection (1) in this Section that constructs or installs or has previously constructed or installed facilities in the public streets and public property to provide telecommunications service. Any such fee which may be imposed on a telecommunications company shall not exceed the annual sum as set forth in the following schedule based on population:
Tier I 1 - 1,000 $100.00
Tier II 1,001 - 3,000 $200.00
Tier III 3,001 - 5,000 $300.00
Tier IV 5,001 - 10,000 $500.00
Tier V 10,001 - 25,000 $750.00
Tier VI Over 25,000 $1,000.00
(C) No municipality shall levy any tax, license, fee, or other assessment on, with respect to, or measured by the receipts from any telecommunications service, other than (a) the business license tax authorized by this Article, and (b) franchise fees as defined and regulated under 47 U.S.C. Section 542; provided, however, that nothing herein shall restrict the right of any municipality to impose ad valorem taxes, service fees, sales taxes, or other taxes and fees lawfully imposed on other businesses within the municipalities.
(D) A telecommunications company, including a mobile telecommunications company providing mobile telecommunications services, shall not be deemed to be using public streets or public property unless it has constructed or installed physical facilities in public streets or on public property, provided that the use of public streets or public property under lease, site license or other similar contractual arrangement between a municipality and a telecommunications company shall not constitute the use of public streets or public property under this Article. Without limiting the generality of the foregoing, a telecommunications company shall not be deemed to be using public streets or public property under this article solely because of its use of airwaves within a municipality. Should any telecommunications company, including a telecommunications company providing mobile telecommunications services, request of a municipality permission to construct or install physical facilities in public streets or on public property, such request shall be considered by such municipality in a manner that is competitively neutral and non-discriminatory as amongst all telecommunications companies.
Section 58-9-2240. A municipality may not use its authority over the public street and public property as a basis for asserting or exercising regulatory control over telecommunications companies regarding matters within the jurisdiction of the Public Service Commission or the Federal Communications Commission including, but not limited to, the operations, systems, service quality, service territory, and prices, of a telecommunications company. Nothing in this section shall be construed to limit the authority of a local governmental entity over a cable television company providing cable service as permitted by 47 U.S.C. Section 542.
Section 58-9-2250. A telecommunications company, its successors or assigns, that is occupying the public streets and public property of a municipality on the effective date of this Article with the consent of the municipality to use such public streets and public property shall not be required to obtain additional consent to continue the occupation of those public streets and public property.
Section 58-9-2260. A telecommunications company may include the following statement in any municipal customer's bill when that customer's municipality charges a business license tax to the telecommunications company under this chapter: 'Please note that there may be a line-item charge included in this bill that is for a business license tax assessed by your municipality'.
Section 58-9-2270. No municipality may enforce an ordinance or practice which is inconsistent or in conflict with the provisions of this article, provided, however, that as of the time of the effective date of this article, any municipality which had entered into a franchise agreement or other contractual agreement with a telecommunications provider prior to December 31, 1997, may continue to collect fees under such franchise agreement or other contractual agreement through December 31, 2003, regardless of whether such franchise agreement or contractual agreement expires prior to December 31, 2003. Nothing in this article shall be interpreted to interfere with continuing obligations of any franchise or other contractual agreement in the event that such franchise agreement or other contractual agreement should expire after December 31, 2003. In the event that a municipality collects such fees under a franchise agreement or other contractual agreement herein, then such fees shall be in lieu of fees or taxes that might otherwise be authorized by this Article. Provided, further, that any municipality that, as of the effective date of this article, has in effect a business license tax ordinance, adopted prior to December 31, 1997, under which the municipality has been imposing and a telecommunications company has been paying, a business license tax higher than that permitted under this article, may continue to collect such tax under the ordinance through December 31, 2003, instead of the business license tax permitted under this article."
SECTION 2. If a section, paragraph, provision, or portion of this article is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this article, and the General Assembly for this purpose hereby declares that the provisions of this article are severable from each other.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4052 (Word version) -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1999, AS "SCHOOL VIOLENCE AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE, AND TO REQUEST THE ATTORNEY GENERAL TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF SCHOOL VIOLENCE AND OTHER SCHOOL CRIME IN SOUTH CAROLINA.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
Reps. RISER, WEBB and LANFORD proposed the following Amendment No. 1 (Doc Name PT\AMEND\1596DW99), which was adopted.
Amend the bill, as and if amended, page 11, lines 10 through 31, by striking SECTION 6 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. RISER explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration:
H. 3404 (Word version) -- Reps. W. McLeod and Scott: A BILL TO PROVIDE FOR NONPARTISAN ELECTIONS FOR MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO BE HELD AT THE TIME OF THE GENERAL ELECTION BEGINNING IN 2000; TO PROVIDE PROCEDURES WHEREBY A PERSON MAY DECLARE HIS CANDIDACY AND WHEREBY THE ELECTIONS ARE CONDUCTED AND RESULTS DETERMINED; TO PROVIDE FOR THE GENERAL POWERS AND DUTIES OF THE BOARD; AND TO PROVIDE FOR THE TERMS OF THE MEMBERS SO ELECTED.
Rep. W. MCLEOD explained the Senate amendments.
Rep. FLEMING proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9413SOM99), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 7-13-40 of the 1976 Code, as last amended by Act 226 of 1996, is further amended to read:
"Section 7-13-40. In the event that a party nominates candidates by party primary, a party primary must be held by the party and conducted by the State Election Commission and the respective county election commissions on the second Tuesday in June of each general election year and a second and third primary each two weeks successively thereafter, if necessary. Certification of the names of all candidates to be placed on primary ballots must be made in writing by the political party chairman, vice chairman, or secretary to the State Election Commission or the county election commission, whichever is responsible under law for preparing the ballot, not later than twelve o'clock noon on April ninth, or if April ninth falls on a Sunday, not later than twelve o'clock noon on the following Monday. A political party nominating a candidate by party primary must verify the qualifications of the candidate before certification to the appropriate election commission of the name of candidate to be placed on a primary ballot. The written certification required by this section must contain a statement that each candidate certified meets or can meet the qualifications for the office for which he has filed. The State Election Commission must provide to each party in every county an affidavit that must be used to certify a candidate who is required by law to file an affidavit affirming his qualifications. Failure to file the affidavit with the appropriate party shall result in disqualification of the candidate. A candidate who knowingly falsifies his affidavit is disqualified as a candidate or office holder for the office for which he was a candidate or was elected. The filing fees for all candidates filing to run in all primaries, except municipal primaries, must be transmitted by the respective political parties to the State Election Commission and placed by the executive director of the commission in a special account designated for use in conducting the primaries and must be used for that purpose. The filing fee for each office is one percent of the total salary for the term of that office or one hundred dollars, whichever amount is greater."
SECTION __. Section 7-13-320 of the 1976 Code is amended by adding:
"(F) Each county election commission must provide a copy of each ballot style to be used for primary, general, and special elections in the absentee precinct in their county to the Executive Director of the State Election Commission not later than September fifteenth in the case of general elections, and not later than forty days prior to the date of the election in the case of special and primary elections. If the ballot styles are not available by these statutory deadlines, the executive director must determine when absentee ballots for that county will be available. If a determination is made that absentee ballots will not be available in sufficient time to adequately effectuate absentee voting, the executive director is empowered to direct the county board of voter registration to provide the blank ballots provided by Section 7-15-360 until the normal ballots are available. The executive director must also notify the chairman of the county's legislative delegation of his findings and the action taken."
SECTION __. Section 7-13-330 of the 1976 Code is amended to read:
"Section 7-13-330. The arrangement of general election ballots containing the names of candidates for office shall conform as nearly as possible to the following plan, with a column or columns added in case of nomination by petition and a blank column added for write-in votes, and shall contain the specified instructions there set forth and no other:
No. ______ ____________ COUNTY, SOUTH CAROLINA
November ____, 19__
____________
Initials of Issuing Officer
November ____, 19__
Precinct ___________
INSTRUCTIONS--To vote a straight party ticket, make a cross (X) in the circle (O) under the name of your party. Nothing further need or should be done. To vote a mixed ticket, or in other words for candidates of different parties, omit making a cross (X) mark in the party circle at the top and make a cross (X) in the voting square [] opposite the name of each candidate on the ballot for whom you wish to vote. If you wish to vote for a candidate not on any ticket, write or place the name of such candidate on your ticket opposite the name of the office. Before leaving the booth, fold the ballot so that the initials of the manager may be seen on the outside.
___________________________________________________
Nomination by
Name of Party Name of Party Petition
Names of Office 0 0 0
___________________________________________________
STATE Governor Governor Governor
Governor [] Name of [] Name of [] Name of
Candidate Candidate Candidate
_____________________________________________________
Lieutenant Lieut. Governor Lieut. Governor Lieut. Governor
Governor [] Name of [] Name of [] Name of
Candidate Candidate Candidate
___________________________________________________
Secretary of Sec. of State Sec. of State Sec. of State
State []Name of []Name of []Name of
Candidate Candidate Candidate
___________________________________________________
CONGRES- U.S. Senator U.S. Senator U.S. Senator
SIONAL [] Name of [] Name of [] Name of
Senator Candidate Candidate Candidate
___________________________________________________
Representative U.S. Repre- U.S. Repre- U.S. Repre-
in Congress sentative sentative sentative
[]Name of [] Name of [] Name of
District Candidate Candidate Candidate"
___________________________________________________
SECTION __. Section 7-13-350 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-350. The nominees in a party primary or party convention held under the provisions of this title by any political party certified by the commission under this title for one or more of the offices, national, state, circuit, multi-county district, countywide, less than countywide, or municipal to be voted on in the general election, held on the first Tuesday following the first Monday in November, must be placed upon the appropriate ballot for the election as candidates nominated by the party by the authority charged by law with preparing the ballot if the names of the nominees are certified, in writing, by the political party chairman, vice-chairman, or secretary to the authority, for general elections held under Section 7-13-10, not later than twelve o'clock noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday and for a special or municipal election, by at least twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday. Political parties nominating candidates by primary or convention must verify the qualifications of those candidates prior to certification to the authority charged by law with preparing the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or can meet, the qualifications for the office for which he has filed. Any candidate who does not, or cannot meet the qualifications for the office for which he has filed may not be nominated and certified and such candidate may not be placed on a general election ballot."
SECTION __. Section 7-13-351 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-351. Any nominee by petition for one or more of the offices, national, state, circuit, multi-county district, countywide or less than countywide, to be voted on in the general election must be placed upon the appropriate ballot by the officer, commissioners, or other authority charged by law with preparing the ballot if the petition is submitted to the officer, commissioner, or other authority, as the case may be, for general elections held under Section 7-13-10, not later than twelve o'clock noon on August first July fifteenth or, if August first July fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday. At the time the petition is submitted, the authority charged with accepting it shall issue a receipt to the person submitting the petition which shall reflect the date it was submitted and the total number of signatures contained therein. The board of voter registration of each respective county shall check the petition at the request of the authority charged with printing the ballot for that office and shall certify the results to the authority not later than twelve o'clock noon September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday.
The petition of any candidate in any special election, including municipal special elections, must be submitted to the authority charged with printing the ballot for those offices not later than twelve o'clock noon, on the sixtieth day prior to the date of the holding of the election, or if the sixtieth day falls on Sunday, by not later than twelve o'clock noon on the following Monday. At the time a petition is submitted, the authority charged with accepting it must issue a receipt to the person submitting the petition which must reflect the date it was submitted and the total number of signatures contained therein. The board of voter registration of each respective county must check the petition at the request of the authority charged with printing of the ballots for that office and must certify the results thereof to the authority not later than twelve o'clock noon on the forty-fifth day prior to the date of holding the election, or if the forty-fifth day falls on Sunday, by twelve o'clock noon on the following Monday.
Once submitted for verification, a petition for nomination of a candidate for any office may not be returned to the petitioner, but must be retained by the authority to whom the petition was submitted and must become a part of the records of the election for which it was submitted. The authority to whom a petition is submitted must verify that qualifications of each potential petition candidate prior to certification of that candidate to be placed on the ballot. The written certification required by this section must contain a statement that each candidate certified meets, or can meet the qualifications for the office for which the petition is submitted. Any candidate who does not or cannot meet the qualifications for the office sought may not be placed on the ballot.
In the event of an emergency declared by the Governor and the conditions precipitating the emergency declaration prevent a candidate from filing the nominating petition within the time required by this section, the candidate has an additional five days to submit the nominating petition to the appropriate office."
SECTION __. Section 7-13-352 of the 1976 Code, as last amended by Act 412 of 1998, is further amended to read:
"Section 7-13-352. Any candidate for a nonpartisan office, multi-county district, countywide or less than countywide, including municipal offices, to be voted on at the time of the general election, who qualifies by statement of candidacy shall file the statement of candidacy with the authority responsible by law for conducting the election not later than twelve o'clock noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than twelve o'clock noon on the following Monday."
SECTION __. Section 7-13-355 of the 1976 Code, as added by Act 131 of 1987, is amended to read:
"Section 7-13-355. No question may be submitted to the qualified electors in a referendum held at the time of a general election unless the question is submitted to the appropriate election commission to be placed on the ballot no later than 12:00 noon on September first August fifteenth or, if September first August fifteenth falls on Sunday, not later than 12:00 noon on the following business day." /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. F. SMITH raised a Point of Order that Amendment No. 1 was out of order in that it attempted to amend a local bill which changed it to a statewide bill.
Rep. FLEMING argued contra.
SPEAKER WILKINS sustained the Point of Order and ruled the amendment out of order.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification by a division vote of 25 to 9.
The Senate amendments to the following Bill were taken up for consideration:
S. 786 (Word version) -- Senator McGill: A BILL TO AMEND ACT 295 OF 1985, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO REVISE THE PER DIEM MEMBERS OF THE BOARD RECEIVE FOR EACH MEETING.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
The Senate amendments to the following Bill were taken up for consideration:
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
Rep. COTTY moved to adjourn debate on the Senate amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
S. 373 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25, SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH.
Rep. FLEMING moved to adjourn debate on the Senate amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
S. 509 (Word version) -- Senator Drummond: A BILL TO AMEND SECTION 9-1-1670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EFFECT OF AN ERROR IN RECORDS OF THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE FOR CORRECTION OF AN ERROR WITHIN TWO YEARS OF ITS COMMISSION UPON WRITTEN CERTIFICATION OF THE ERROR AND CORRECTION OF ITS RECORDS BY THE EMPLOYER, AND TO PROVIDE THAT THE TWO-YEAR LIMIT DOES NOT APPLY TO PENDING REQUESTS FOR CORRECTION.
Rep. RISER explained the Senate amendments.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4110 (Word version) -- Rep. Campsen: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND.
Rep. LOFTIS made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. SHARPE moved to waive Rule 5.15.
Rep. SHARPE demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Bailey Bales Barfield Barrett Beck Bowers Breeland Brown J. Brown T. Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Davenport Delleney Easterday Edge Emory Gamble Gilham Gourdine Govan Hamilton Harrell Harris Hawkins Hines J. Hines M. Hinson Howard Inabinett Jennings Keegan Kirsh Knotts Koon Law Leach Lee Lloyd Lourie Lucas Mack Maddox Martin McCraw McLeod M. McLeod W. McMahand Meacham Miller Moody-Lawrence Neal Neilson Ott Parks Phillips Pinckney Quinn Rhoad Rice Riser Rodgers Rutherford Sandifer Seithel Sharpe Simrill Smith F. Smith J. Smith R. Stuart Taylor Trotter Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Fleming Loftis
So, Rule 5.15 was waived.
Rep. SHARPE explained the Senate amendments.
Rep. SIMRILL spoke in favor of the Senate amendments.
Rep. KNOTTS moved cloture on the entire matter.
Rep. KNOTTS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bales Barfield Barrett Battle Bowers Brown H. Brown J. Brown T. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cotty Dantzler Edge Emory Gamble Gilham Gourdine Govan Harrell Harris Hawkins Hayes Hines J. Hines M. Hinson Howard Inabinett Keegan Kennedy Knotts Koon Lanford Law Lourie Maddox McCraw McLeod M. McMahand Miller Moody-Lawrence Neal J.M. Neilson Ott Parks Quinn Rodgers Rutherford Sandifer Scott Seithel Sharpe Simrill Smith R. Stuart Taylor Trotter Webb Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Beck Cooper Davenport Delleney Easterday Fleming Hamilton Leach Loftis McLeod W. Meacham Rice Robinson Sheheen Smith D. Smith F. Tripp Vaughn
So, cloture was ordered.
Rep. LOFTIS proposed the following Amendment No. 1 (Doc Name BBM\AMEND\9385SOM99), which was tabled.
Amend the bill, as and if amended, page 7, lines 25-31, by striking Section 50-21-10(14)(13), and inserting:
/ (14)(13) 'Marine manufacturer' means a person engaged in the manufacturing of watercraft or outboard motors for sale or trade. 'No Wake - Idle Speed' means a boating restricted area established to protect the safety of the public. A boating restricted area means a boating ramp, marina area, designated swimming area, or bridge area. No Wake - Idle Speed means that a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway. /
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays, which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barfield Battle Brown H. Brown J. Brown T. Carnell Chellis Clyburn Cobb-Hunter Cooper Dantzler Delleney Edge Emory Gamble Gilham Gourdine Govan Harris Hayes Hines J. Hines M. Hinson Howard Jennings Kelley Kennedy Klauber Knotts Koon Law Lloyd Lourie Maddox McCraw McLeod M. Neal Neal J.M. Neilson Ott Parks Phillips Pinckney Quinn Rhoad Riser Rodgers Rutherford Sandifer Sharpe Sheheen Smith F. Smith J. Smith R. Stuart Taylor Wilkes Witherspoon Woodrum
Those who voted in the negative are:
Allison Barrett Beck Bowers Campsen Cato Davenport Easterday Fleming Hamilton Harrell Haskins Hawkins Keegan Kirsh Lanford Leach Loftis Lucas Meacham Miller Moody-Lawrence Rice Robinson Simrill Tripp Vaughn Webb Whatley Wilkins
So, the amendment was tabled.
Rep. TRIPP proposed the following Amendment No. 3, which was adopted.
Amend the bill, as and if amended, by striking on page 6 line 24 the words or "other similar devices" and inserting in their place the following words ", rowboats, canoes, kayaks or other similar hand-propelled devices."
Further, amend the bill, as and if amended, by striking on page 9 line 23 the words, "within this State" and inserting in their place the words "upon the waters of this State"
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
Rep. TRIPP proposed the following Amendment No. 3, which was tabled.
Amend the bill, as and if amended, by striking on page 6 line 24 the words or "other similar devices" and inserting in their place "surfboards" the following words ", rowboats, canoes, kayaks or other similar hand-propelled devices."
Further, amend the bill, as and if amended, by striking on page 9 line 23 the words, "within this State" and inserting in their place the words "upon the waters of this State"
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP moved to table the amendment, which was agreed to.
Rep. SIMRILL proposed the following Amendment No. 4 (Doc Name COUNCIL\BBM\AMEND\9383SOM99), which was adopted.
Amend the bill, as and if amended, page 10, Section 50-21-111(B), line 20, by deleting /crossing or/.
Amend title to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
Rep. SIMRILL proposed the following Amendment No. 5 (Doc Name COUNCIL\BBM\AMEND\9381SOM99), which was adopted.
Amend the bill, as and if amended, by striking Section 50-21-110(B) as contained in SECTION 2 and inserting:
/ (B) Negligent operation includes, but is not limited to, operating a water device at more than idle speed in a no wake zone, failing to maintain a proper lookout for other boats or persons, operating too fast for conditions on the water, racing, or pulling a skier through a designated swimming area. /
Amend title to conform.
Rep. SIMRILL explained the amendment.
The amendment was then adopted.
Rep. LOFTIS proposed the following Amendment No. 6 (Doc Name GJK\AMEND\20780DJC99), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ____. The department must promulgate regulations to define "wake" for purposes of enforcing "no wake zone" laws in this State. The definition for "wake" as promulgated by the department may vary from location to location throughout the State to meet the safety needs of varying conditions in various locations./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOFTIS explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4175 (Word version) -- Reps. R. Smith, Mason, Beck and Sharpe: A BILL TO AMEND ACT 503 OF 1982, RELATING TO THE AIKEN COUNTY BOARD OF EDUCATION, SO AS TO PROVIDE THAT MEMBERS OF THE BOARD MUST BE ELECTED IN PARTISAN ELECTIONS, BEGINNING IN THE YEAR 2000 AT THE GENERAL ELECTION WITH THE ELECTION OF MEMBERS WHO WILL SUCCEED THE MEMBERS WHOSE TERMS EXPIRE IN 2001, TO CLARIFY THAT THE LAWS OF THE GENERAL ELECTION APPLY; TO DELETE PROVISIONS INCONSISTENT WITH GENERAL ELECTION LAWS.
The following House Resolution was taken up:
H. 4190 (Word version) -- Rep. Rice: A HOUSE RESOLUTION TO REQUEST THE CLERK OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO INSTALL AN ELECTRICAL SWITCH MECHANISM THAT WOULD ILLUMINATE THE LAMPS ON THE HOUSE DESK WHEN THE MACE IS PLACED IN ITS RACK ON THE ROSTRUM IN FRONT OF THE SPEAKER BY THE SERGEANT AT ARMS AT THE BEGINNING OF EACH SESSION.
Whereas, the Mace is the emblem of authority of the House of Representatives; and
Whereas, it has been the custom of the House of Representatives every day, upon the opening of the session, for the Sergeant at Arms to bear the Mace ahead of the Speaker and lay it upon its specially prepared rack on the rostrum in front of the Speaker; and
Whereas, after the renovation of the State House, beautiful lamps were installed on the House Desk; and
Whereas, it is fitting and proper that an electrical switch mechanism be installed in the rack which holds the Mace on the rostrum in front of the Speaker to cause the lamps to illuminate; and
Whereas, the illumination of the lamps would serve as a memorial to Representative Rudy Mason and all members of the House of Representatives who have dedicated their time and effort to the State of South Carolina and to honor all of the families of the members serving in the House of Representatives recognizing the many sacrifices these family members make to allow a member of their family to serve in the House of Representatives. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, request the Clerk of the House of Representatives to install an electrical switch mechanism that would illuminate the lamps on the House Desk when the Mace is placed in its rack on the rostrum in front of the Speaker by the Sergeant at Arms at the beginning of each session.
Be it further resolved that the electrical switch mechanism be installed so that the lamps may be illuminated when the Mace is not placed in its rack.
Be it further resolved that a copy of this resolution be forwarded to Sandra K. McKinney, Clerk of the House of Representatives.
Reps. RICE, R. SMITH, CLYBURN, BECK and SHARPE proposed the following Amendment No. 1 (Doc Name PT\AMEND\1622DW99), which was adopted.
Amend the house resolution, as and if amended, page 1, by deleting the clause on lines 36 through 40 and inserting:
/ Whereas, the illumination of the lamps would serve as a memorial to Representative Rudy Mason and all members of the House of Representatives who have dedicated their time and effort to the State of South Carolina and to honor all of the families of the members serving in the House of Representatives recognizing the many sacrifices these family members make to allow a member of their family to serve in the House of Representatives. Now, therefore,
Amend further, page 2, by adding immediately after line 7 the following:
/ Be it further resolved that the electrical switch mechanism be installed so that the lamps may be illuminated when the Mace is not placed in its rack. /
Amend title to conform.
Rep. RICE explained the amendment.
The amendment was then adopted.
The House Resolution, as amended, was adopted.
The following Concurrent Resolution was taken up:
H. 4194 (Word version) -- Reps. Mack, Altman, Breeland, Campsen, Inabinett, Whatley and Whipper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE SOUTHBOUND CONNECTOR OF THE BRIDGE TO BE BUILT TO REPLACE THE JOHN P. GRACE AND THE SILAS N. PEARMAN BRIDGES IN CHARLESTON COUNTY THE "LUCILLE S. WHIPPER CONNECTOR" AND TO ERECT SIGNS OR MARKERS CONTAINING THIS DESIGNATION.
Whereas, the Honorable Lucille Simmons Whipper served with distinction as a member of the South Carolina House of Representatives from Charleston County from 1986-1996; and
Whereas, former Representative Whipper, a retired college administrator, was born in Charleston, South Carolina, earned an A.B. degree from Talladega College in Talladega, Alabama, in 1948, and a M.A. degree from the University of Chicago in 1955; and
Whereas, during her distinguished career in the South Carolina House of Representatives, Representative Whipper served as Chairman of the Subcommittee on Social Services and Mental Health; Chairman of the Subcommittee on Banking and Consumer Affairs; Second Vice Chairman of the Rules Committee; and a member of the Labor, Commerce and Industry Committee; and
Whereas, she has held many leadership roles in her community where she is highly respected and admired; and
Whereas, it is fitting and proper that the southbound connector of the bridge to be built to replace the John P. Grace and Silas N. Pearman Bridges in Charleston County be named the "Lucille S. Whipper Connector" in honor of this distinguished South Carolinian. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the South Carolina General Assembly request the Department of Transportation to name the southbound connector of the bridge to replace the John P. Grace and the Silas N. Pearman Bridges in Charleston County the "Lucille S. Whipper Connector" and to erect appropriate signs or markers containing this designation.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Lucille S. Whipper and the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
H. 4137 (Word version) -- Reps. Edge and H. Brown: A CONCURRENT RESOLUTION MEMORIALIZING THE UNITED STATES CONGRESS TO REVISE PROVISIONS OF THE BALANCED BUDGET ACT OF 1997 RELATED TO AN INTERIM PAYMENT SYSTEM AND TO PROVIDE FOR THE DEVELOPMENT OF CERTAIN AMENDMENTS OR CHANGES IN RULES FOR MEDICARE HOME HEALTH CARE BENEFICIARIES TO IMPROVE THEIR SITUATION.
Whereas, the South Carolina General Assembly is concerned about the health and well-being of our elderly and disabled residents who rely on the Medicare program to meet the cost of their health care needs; and
Whereas, South Carolina, like most other states, anticipates an increasing population of seniors, disabled persons, and others requiring health care services; and
Whereas, the South Carolina General Assembly recognizes that our residents should have access to high quality, cost effective home health care services through the Medicare program wherever feasible and justified; and
Whereas, the federal Balanced Budget Act of 1997 included significant Medicare payment reforms affecting coverage in payment of home health services which create significant risks that access to Medicare home health services will be diminished or eliminated because these payment reforms base payment rates on 1994 levels of care, fail to recognize changes in health care needs and services since 1994, and fail to adequately account for the wide variation in care needs of individual patients; and
Whereas, Medicare beneficiaries who need care the most and who are at the greatest risk for cutbacks are being denied access to care as the result of these payment reforms which discourage home health care agencies caring for patients with high-care needs that have high costs; and
Whereas, the cutback of home health services will lead to increased use of more costly settings like emergency rooms, hospitals, and nursing homes; and
Whereas, home health agencies are an important source of employment in South Carolina communities, and cuts required under the new Medicare payment system will lead to the loss of employment by our citizens; and
Whereas, Medicare home health cuts will likely shift service needs and costs to state Medicaid programs, especially nursing home care, resulting in an unfunded mandate to South Carolina; and
Whereas, the portion of the Balanced Budget Act of 1997 calling for an Interim Payment System was based on financial projections which overestimated the continued growth of home health care; and
Whereas, the Interim Payment System provisions are not needed to slow the growth of home health care; and
Whereas, Congress and the Administration should work jointly to develop the necessary amendments to the Interim Payment System so that services to Medicare home health care beneficiaries are not disrupted, interrupted, or eliminated. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That, by this resolution, the South Carolina General Assembly memorializes the United States Congress to revise provisions of the Balanced Budget Act of 1997 relating to the Interim Payment System and to provide for the development of certain amendments or changes in rules for Medicare home health care beneficiaries to improve their situation.
Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation, William Jefferson Clinton, President of the United States, and Donna Shalala, Secretary of the Department of Health and Human Services.
The Concurrent Resolution was adopted and sent to the Senate.
The following Concurrent Resolution was taken up:
S. 855 (Word version) -- Senator Hayes: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME EXIT 82 AT THE INTERSECTION OF CHERRY ROAD AND INTERSTATE I-77 THE "COLEMAN POAG INTERCHANGE" IN HONOR OF THE HONORABLE COLEMAN GROVES POAG, WHO SERVED THE STATE OF SOUTH CAROLINA AND THE COUNTY OF YORK WITH DISTINCTION AS A STATE SENATOR AND AS A MEMBER OF THE HOUSE OF REPRESENTATIVES AND WHO HAS SERVED HIS STATE WITH DISTINCTION AS A MEMBER OF THE BOARD OF VISITORS OF CLEMSON UNIVERSITY; AND TO REQUEST THE DEPARTMENT TO ERECT APPROPRIATE SIGNS OR MARKERS REFLECTING THIS DESIGNATION.
Whereas, the Honorable Coleman G. Poag, was born on March 20, 1930, at Rock Hill, York County, to James Pressley Poag and Mary Owings Groves; and
Whereas, Coleman G. Poag, is a 1951 graduate of Davidson College; and
Whereas, on June 13, 1958, he married Eugenia Holroyd of Rock Hill and they are the proud parents of five children; and
Whereas, Coleman Poag is an entrepreneur in York County who distinguished himself in the business community by establishing the Poag Realty Company in Rock Hill where he specialized in business as a real estate broker and builder; and
Whereas, he began his career dedicated to community and public service as a City Councilman and Mayor Pro Tempore for Rock Hill; and
Whereas, he served as President of the Kiwanis Club in 1965; as President of the York County Homebuilders Association in 1976; as President of the York County Board of Realtors in 1978; as Director of the Rock Hill Chamber of Commerce; as a member of Veterans of Foreign Wars; as Exalted Ruler of the Elks Club in 1960; as Commander of the American Legion in 1968; and as President of the Optimist Club in 1993; and
Whereas, Coleman Poag was elected to the House of Representatives for York County for the One Hundredth General Assembly and served on numerous committees; and
Whereas, he was subsequently elected to the South Carolina Senate in a special election October 25, 1977, and served with great distinction for a period of seven years until November of 1984; and
Whereas, during his service as a Senator, he served on the Senate Finance Committee, the Senate Banking and Insurance Committee, the Senate Labor, Commerce and Industry Committee, the Senate Invitations Committee, the Senate Medical Affairs Committee, the Senate Fish Game and Forestry Committee, the Senate Rules Committee, the Senate Transportation Committee, the Senate Corrections and Penology Committee, and the Agriculture and Natural Resources Committee; and
Whereas, Senator Poag was a progressive and highly effective political leader for York County who provided leadership which resulted in the county's strong economic growth; and
Whereas, it is fitting and proper that the Exit 82 intersection at Cherry Road and I-77 in York County be named the "Coleman Poag Interchange" in honor of this distinguished South Carolinian. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly request the Department of Transportation to name the Exit 82 intersection at Cherry Road and I-77 in York County, the "Coleman Poag Interchange" since he served with distinction as a State Senator and as a member of the House of Representatives from York County, as a member of the Board of Visitors of Clemson University, and as a former City Councilman and Mayor Pro Tempore for Rock Hill and to direct the Department of Transportation to erect appropriate signs or markers reflecting this designation.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Coleman G. Poag, and to the Department of Transportation.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. QUINN moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 488:
S. 488 (Word version) -- Senator Moore: A BILL TO AMEND CHAPTER 101, TITLE 59 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLEGES AND INSTITUTIONS OF HIGHER LEARNING, BY ADDING SECTION 59-101-187, SO AS TO
PROVIDE THAT A GOVERNING BOARD OF A STATE SUPPORTED COLLEGE, UNIVERSITY, OR TECHNICAL SCHOOL IS AUTHORIZED TO ESTABLISH WRITTEN POLICIES FOR THE EXPENDITURE OF PUBLIC FUNDS FOR EVENTS WHICH RECOGNIZE ACADEMIC AND RESEARCH EXCELLENCE AND NOTEWORTHY ACCOMPLISHMENTS OF MEMBERS, STUDENTS, AND DISTINGUISHED GUESTS OF ITS INSTITUTION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 384:
S. 384 (Word version) -- Senators Anderson, Washington, Matthews, Patterson, Glover, Ford and Reese: A BILL TO AMEND SECTION 24-3-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL CONSIDER PROXIMITY TO THE HOME OF THE CONVICTED PERSON IN DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN CIRCUMSTANCES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3717:
H. 3717 (Word version) -- Rep. Battle: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 82 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS DEALERS, TRANSPORTERS, AND EQUIPMENT INSTALLERS, TO RE-ESTABLISH THE LIQUID PETROLEUM GAS BOARD AND INCREASE ITS MEMBERSHIP FROM FIVE TO SEVEN; TO PROVIDE FOR THE POWERS AND DUTIES OF THE BOARD; TO CONFORM THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO REPEAL CHAPTER 43 OF TITLE 39 RELATING TO THE LICENSURE AND REGULATION OF LIQUID PETROLEUM GAS ACTIVITIES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3836:
H. 3836 (Word version) -- Rep. Robinson: A BILL TO AMEND SECTION 4-10-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIDENTIFIED LOCAL OPTION SALES TAX REVENUES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 4-10-330, RELATING TO LOCAL CAPITAL PROJECT SALES TAX, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM DECEMBER THIRTY-FIRST TO NOVEMBER THIRTIETH; TO AMEND SECTION 4-10-350, RELATING TO THE ADMINISTRATION AND COLLECTION OF LOCAL SALES TAX, SO AS TO DELETE REFERENCES TO MUNICIPALITIES; TO AMEND SECTION 4-10-360, RELATING TO LOCAL SALES TAX REVENUES AND MISALLOCATIONS, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION RESULTING FROM A LOCAL CODE ERROR; TO AMEND ARTICLE 3, CHAPTER 10, TITLE 4, RELATING TO LOCAL SALES TAX, BY ADDING SECTION 4-10-380 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION CAPITAL PROJECT SALES TAX; TO AMEND SECTION 4-37-30, AS AMENDED, RELATING TO FINANCING OF LOCAL TRANSPORTATION FACILITIES, SO AS TO CHANGE THE REFERENDUM CERTIFICATION DATE FROM SIXTY DAYS OF THE REFERENDUM TO NOVEMBER THIRTIETH AND TO PROVIDE FOR IMPOSITION OF THE TAX ON MAY FIRST FOLLOWING, INSTEAD OF ONE HUNDRED EIGHTY DAYS AFTER, THE REFERENDUM, AND TO PROVIDE FOR PROSPECTIVE CORRECTION OF MISALLOCATED REVENUES RESULTING FROM LOCAL CODE ERRORS; TO AMEND CHAPTER 37, TITLE 4, RELATING TO LOCAL SALES AND USE TAXES FOR FINANCING TRANSPORTATION FACILITIES, BY ADDING SECTION 4-37-50 SO AS TO PROVIDE FOR DISTRIBUTION OF UNIDENTIFIED REVENUE; TO AMEND ACT 588 OF 1994, AS AMENDED, RELATING TO THE CHEROKEE COUNTY SCHOOL DISTRICT 1 SCHOOL BOND-PROPERTY RELIEF ACT, SO AS TO PROVIDE FOR PROSPECTIVE CORRECTION OF A MISALLOCATION OF REVENUES RESULTING FROM A LOCAL CODE ERROR AND FOR DISTRIBUTION OF UNIDENTIFIED LOCAL OPTION SCHOOL DISTRICT TAX REVENUE; TO AMEND SECTION 12-4-580, RELATING TO AUTHORITY OF THE DEPARTMENT OF REVENUE TO COLLECT OUTSTANDING LIABILITIES OWED A GOVERNMENTAL ENTITY, SO AS TO ALLOW THE DEPARTMENT TO CHARGE, RETAIN, EXPEND, AND CARRY OVER FEES FOR COLLECTION; AND TO AMEND SECTION 12-54-240, AS AMENDED, RELATING TO DISCLOSURE OF RECORDS, REPORTS, AND RETURNS BY DEPARTMENT OF REVENUE EMPLOYEES, SO AS TO ALLOW DISCLOSURE OF THE FILING OF A LIEN OR ISSUANCE OF A NOTICE OF LEVY FOR UNCOLLECTED TAXES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 7:
S. 7 (Word version) -- Senators Short, Leventis, McGill, Glover, Washington, Reese and Setzler: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 SO AS TO ENACT THE "MEDICAL RADIATION HEALTH AND SAFETY ACT"; TO RECOGNIZE THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION; AND TO ESTABLISH CERTIFICATION REQUIREMENTS OF PERSONS USING RADIOACTIVE MATERIALS OR EQUIPMENT EMITTING IONIZING RADIATION ON HUMANS FOR DIAGNOSTIC AND THERAPEUTIC PURPOSES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 3, 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. 3640:
H. 3640 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 17-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESTRUCTION OF THE CRIMINAL RECORDS OF A PERSON WHOSE CRIMINAL CHARGE HAS BEEN DISCHARGED OR DISMISSED OR WHO HAS BEEN FOUND INNOCENT OF A CRIMINAL CHARGE, SO AS TO PROVIDE THAT A CLERK OF COURT MUST DESTROY AND MUST NOT RETAIN THESE RECORDS.
Very respectfully,
President
On motion of Rep. HARRISON, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. ALTMAN, D. SMITH and F. SMITH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 585:
S. 585 (Word version) -- Senator McConnell: A BILL TO AMEND SECTIONS 14-1-206, 14-1-207, AND 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO ASSESSMENTS IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL, AND MAGISTRATE'S COURT, SO AS TO PROVIDE THAT INSTEAD OF FUNDS NOT USED FOR THE PROVISION OF VICTIMS SERVICES AT THE END OF THE FISCAL YEAR BEING USED FOR THE CAPITAL AND OPERATING NEEDS OF THE JUDICIAL SYSTEM, THE UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR THE PROVISION OF VICTIM SERVICES, AND TO AMEND SECTION 14-1-211, AS AMENDED, RELATING TO A SURCHARGE IMPOSED ON CONVICTIONS IN GENERAL SESSIONS, MUNICIPAL AND MAGISTRATE'S COURT, SO AS TO DELETE A PROVISION THAT THE SURCHARGE FUNDS ARE PART OF THE GENERAL FUND OF THE CITY OR COUNTY FOR THE PURPOSE OF FUNDS ALLOCATION AND EXPENDITURE AND TO PROVIDE THAT UNUSED FUNDS MUST BE CARRIED FORWARD FROM YEAR TO YEAR AND USED EXCLUSIVELY FOR PROVISION OF SERVICES TO CRIME VICTIMS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 3, 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. 3276:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Very respectfully,
President
On motion of Rep. CATO, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. CATO, SANDIFER and LEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4237 (Word version) -- Reps. Wilkins, Haskins, H. Brown, J. Brown, Cato, Harrison, Sharpe, D. Smith and Townsend: A CONCURRENT RESOLUTION TO PROVIDE THAT PURSUANT TO ARTICLE III, SECTION 21 OF THE CONSTITUTION OF THIS STATE AND SECTION 2-1-180 OF THE 1976 CODE, WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 3, 1999, NOT LATER THAN 5:00 P.M., EACH HOUSE SHALL STAND ADJOURNED TO MEET AT 11:00 A.M. ON TUESDAY, JUNE 15, 1999, IN STATEWIDE SESSION, AND TO CONTINUE IN STATEWIDE SESSION, IF NECESSARY, UNTIL FRIDAY, JUNE 18, 1999, NOT LATER THAN 5:00 P.M., FOR THE CONSIDERATION OF SPECIFIED MATTERS; AND TO PROVIDE THAT, WHEN EACH HOUSE ADJOURNS ON FRIDAY, JUNE 18, 1999, NOT LATER THAN 5:00 P.M., THE GENERAL ASSEMBLY SHALL STAND ADJOURNED SINE DIE.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4239 (Word version) -- Reps. Cooper, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A HOUSE RESOLUTION APPOINTING AND ANOINTING THE HONORABLE FOSTER M. "BILLY" ROUTH III, DIRECTOR OF CONSTITUENT SERVICES FOR THIS DISTINGUISHED HOUSE OF REPRESENTATIVES, AS THE FIRST-EVER MAYOR OF THE BLATT BUILDING IN RECOGNITION OF HIS OMNIPOTENCE AND OMNISCIENCE IN MAINTAINING THE VERY DELICATE BALANCE BETWEEN SERVING THE PUBLIC AND PACIFYING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES.
The Resolution was adopted.
The Senate sent to the House the following:
S. 895 (Word version) -- Senators Leventis and Rankin: A CONCURRENT RESOLUTION RECOGNIZING THE NEED TO ASSIST PERSONS WHO ARE LEGALLY BLIND IN ATTAINING MORE EFFECTIVE AND EFFICIENT ACCESS TO TELEPHONE SERVICES, AND URGING THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION TO INCLUDE LEGALLY BLIND PERSONS IN ITS STATEWIDE PROGRAM PROVIDING TELEPHONE SERVICES TO PERSONS WITH SPEECH AND HEARING IMPAIRMENTS AND TO INCLUDE A REPRESENTATIVE OF SUCH PERSONS IN ANY ADVISORY COMMITTEE ON THESE TELECOMMUNICATION SERVICES.
The Concurrent Resolution was ordered referred to the Committee on Labor, Commerce and Industry.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4240 (Word version) -- Rep. W. McLeod: A BILL TO AMEND TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENTS, BY ADDING CHAPTER 24 SO AS TO ENACT THE "JOINT AGENCY ACT" AND TO PROVIDE FOR COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, SPECIAL PURPOSE DISTRICTS, AND OTHER POLITICAL SUBDIVISIONS OF THE STATE JOINTLY TO UNDERTAKE THE ACQUISITION AND FINANCING OF PROJECTS, SYSTEMS, OR PROGRAMS, TO PROVIDE FOR THE CREATION OF JOINT AGENCIES FOR THAT JOINT PURPOSE BY SPECIFYING THEIR METHOD OF FORMATION, THEIR MEMBERSHIP, AND THE METHOD OF THEIR GOVERNANCE, TO PROVIDE FOR THE POWERS OF JOINT AGENCIES, INCLUDING THEIR RELATIONSHIPS, CONTRACTUAL AND OTHERWISE, AND THOSE OF THEIR MEMBERS, AND TO PROVIDE FOR FINANCING OF UNDERTAKINGS OF JOINT AGENCIES AND THE OBLIGATIONS OF THEIR MEMBERS IN CONNECTION WITH THE FINANCING.
Referred to Committee on Ways and Means
H. 4241 (Word version) -- Rep. T. Brown: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA BOARD OF MEDICAL EXAMINERS TO GRANT LICENSURE TO AN APPLICANT NOTWITHSTANDING THE EXAMINATION REQUIREMENTS OF SECTION 40-47-150 IF CERTAIN CRITERIA ARE MET.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4242 (Word version) -- Rep. Limehouse: A BILL TO REQUIRE THE DEPARTMENT OF AGRICULTURE TO QUARANTINE CATTLE ENTERING SOUTH CAROLINA FOR A SPECIFIED PERIOD, AND REQUIRE THE DEPARTMENT TO MAKE AN INSPECTION OF THE QUARANTINE LOT FOR "SODA APPLE".
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
S. 95 (Word version) -- Senators Giese and Elliott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-71-65 SO AS TO PROVIDE THAT A HOSPICE CARE FACILITY IS SUBJECT TO REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL PURSUANT TO TITLE 44, CHAPTER 71 AND THAT SUCH FACILITIES ARE NOT SUBJECT TO REGULATIONS PERTAINING TO THE LICENSURE AND REGULATION OF NURSING HOMES OR COMMUNITY RESIDENTIAL CARE FACILITIES; TO AMEND SECTION 44-7-130, AS AMENDED, RELATING TO DEFINITIONS IN THE STATE CERTIFICATION OF NEED AND HEALTH FACILITY LICENSURE ACT AND SECTION 44-7-170, AS AMENDED, RELATING TO EXEMPTIONS FROM THE CERTIFICATE OF NEED PROCESS, BOTH SO AS TO EXEMPT HOSPICE CARE FACILITIES FROM THE CERTIFICATE OF NEED PROCESS; TO AMEND SECTION 44-71-20, RELATING TO DEFINITIONS FOR THE LICENSURE OF HOSPICE PROGRAMS, SO AS TO CLARIFY THE SCOPE OF INPATIENT HOSPICE SERVICES AND TO DEFINE HOSPICE CARE FACILITIES; AND TO AMEND SECTION 44-71-60, RELATING TO THE PROMULGATION OF REGULATIONS FOR HOSPICE PROGRAMS, SO AS TO INCLUDE REGULATIONS FOR HOSPICE CARE FACILITIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
Reps. H. BROWN and HARRELL made a statement relative to the Conference Committee on the Appropriation Bill, H. 3696.
Rep. BARRETT moved that the House recede until 2:00 P.M., which was agreed to.
At 2:00 P.M. the House resumed, the ACTING SPEAKER WEBB in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4110:
H. 4110 (Word version) -- Rep. Campsen: A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE WESTERNMOST TIP OF SULLIVAN'S ISLAND.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate amendments to the following Bill were taken up for consideration:
H. 3705 (Word version) -- Reps. Breeland, Bailey, G. Brown, J. Brown, T. Brown, Chellis, Clyburn, Dantzler, Gourdine, Govan, Harrison, Hayes, J. Hines, M. Hines, Hinson, Inabinett, Jennings, Law, Lloyd, McGee, Miller, Moody-Lawrence, Neilson, F. Smith, R. Smith, Whipper and Young-Brickell: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY VETERANS AFFAIRS OFFICERS, SO AS TO PROVIDE A DEFINITION OF "VETERAN", REQUIRE THE APPOINTMENT OF A VETERAN TO THE POST OF COUNTY VETERANS AFFAIRS OFFICER, PROVIDE EXCEPTIONS, CHANGE PROVISIONS REGARDING THE TERM OF OFFICE, AND PROVIDE FOR A TRAINING COURSE, ACCREDITATION, AND REFRESHER TRAINING.
Rep. BREELAND spoke against the Senate amendments.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate returned to the House with amendments the following:
H. 3146 (Word version) -- Reps. Cobb-Hunter and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
Rep. J. BROWN explained the Senate amendments.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
The Senate amendments to the following were taken up for consideration:
H. 3759 (Word version) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly by a division vote of 40 to 7.
The following was received from the Senate.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 4000:
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 DIRECT THE STATE BOARD OF EDUCATION THROUGH THE DEPARTMENT OF EDUCATION TO ESTABLISH A TASK FORCE TO MAKE RECOMMENDATIONS FOR PURSUING STATEWIDE WAIVERS FOR THE SIX FEDERAL EDUCATION PROGRAMS AND ESTABLISHING A STATE EDUCATION FLEXIBLITY PROGRAM AND REPORT NO LATER THAN DECEMBER 1, 1999, TO THE SENATE EDUCATION COMMITTEE AND THE HOUSE EDUCATION AND PUBLIC WORKS COMMITTEE.
and asks for a Committee of Conference and has appointed Senators Bryan, Mescher and Glover of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. HAMILTON, J. HINES and HINSON to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 727:
S. 727 (Word version) -- Education Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
and asks for a Committee of Conference and has appointed Senators Bryan, Matthews and Short of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. TOWNSEND, WALKER and BARRETT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration:
H. 3082 (Word version) -- Reps. Townsend, Walker, Delleney, J. Brown, Stuart, Harrison, Allison, J. Hines, Edge, Robinson, Rodgers, Cato, Wilkins, Sandifer, Moody-Lawrence, Lourie, J. Smith, F. Smith, Rutherford, Maddox, Allen, Ott, Harvin, Kennedy, Jennings, Bales, Hayes, Simrill, W. McLeod, Knotts and Webb: A BILL TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM, AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT.
Rep. D. SMITH moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 4166 (Word version) -- Reps. Robinson, Allen, Altman, Barrett, Campsen, Cato, Cobb-Hunter, Cooper, D. Smith, Davenport, Delleney, Easterday, Edge, Gamble, Hamilton, Haskins, Hawkins, Kirsh, Klauber, Koon, Lanford, Leach, Littlejohn, Loftis, Lourie, Maddox, McGee, Meacham, Miller, Moody-Lawrence, Quinn, Rice, Sharpe, Sheheen, Simrill, Stille, Tripp, Trotter, Vaughn, Walker, Woodrum, Sandifer, Riser and Allison: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1999-2000 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, June 8, which was adopted:
S. 493 (Word version) -- Senator Moore: A BILL TO AMEND SECTIONS 40-13-5, 40-13-10, 40-13-20, 40-13-30, 40-13-110, 40-13-230, 40-13-240, AND 40-13-250, AS AMENDED, AND SECTION 40-13-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGISTS, MANICURISTS, AND ESTHETICIANS, SO AS TO CHANGE THE TERM "MANICURIST" TO "NAIL TECHNICIAN"; TO PROVIDE MILEAGE, SUBSISTENCE, AND PER DIEM TO THE MEMBERS OF THE ADVISORY COMMITTEE TO THE BOARD OF COSMETOLOGY; TO REVISE THE DEFINITIONS OF "COSMETOLOGY" AND "ESTHETICIAN" AND TO DEFINE "APPROVED SCHOOL"; TO REQUIRE A TRADE OR INDUSTRIAL SCHOOL TO BE LICENSED; TO ESTABLISH CRIMINAL PENALTIES FOR FAILURE TO NOTIFY THE BOARD OF A SCHOOL CLOSING OR TO PROVIDE THE BOARD STUDENT RECORDS; TO REVISE EDUCATIONAL REQUIREMENTS FOR ESTHETICIANS AND NAIL TECHNICIANS; TO PROVIDE FOR BIENNIAL LICENSE RENEWAL RATHER THAN ANNUAL; AND TO PROVIDE RENEWAL AND REINSTATEMENT PROCEDURES FOR INACTIVE LICENSES.
Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, June 8, which was adopted:
H. 3903 (Word version) -- Reps. Edge and Kelley: A BILL TO AMEND CHAPTER 7, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS, FUNCTIONS, AND RESPONSIBILITIES OF MUNICIPALITIES, SO AS TO ADD SECTION 5-7-145, PROVIDING THAT COASTAL MUNICIPALITIES HAVE THE AUTHORITY TO PROVIDE LIFEGUARD AND OTHER RELATED SAFETY SERVICES ALONG THE PUBLIC BEACHES WITHIN THEIR CORPORATE LIMITS, TO PROVIDE THAT THE MUNICIPALITIES MAY CONTRACT WITH PRIVATE BEACH SAFETY COMPANIES TO PROVIDE THESE SERVICES, TO PROVIDE CONDITIONS TO BE SATISFIED IN THE CONTRACTING PROCESS, TO AMEND SECTION 4-9-30, AS AMENDED, RELATING TO THE AUTHORITY OF COUNTY GOVERNMENT, SO AS TO PROVIDE THAT ITS AUTHORITY TO GRANT FRANCHISES IN AREAS OUTSIDE THE CORPORATE LIMITS OF MUNICIPALITIES WITHIN THE COUNTY IN THE MANNER PROVIDED BY LAW FOR MUNICIPALITIES AND SUBJECT TO THE SAME LIMITATIONS INCLUDES THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES; AND TO AMEND SECTION 5-7-30, AS AMENDED, RELATING TO THE POWERS OF THE MUNICIPALITIES, SO AS TO PROVIDE THE AUTHORITY TO GRANT FRANCHISES FOR THE USE OF PUBLIC BEACHES.
Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, June 8, which was adopted:
S. 226 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO ISSUANCE OF A CORPORATE CERTIFICATE TO A PROPOSED MUNICIPALITY, SO AS TO REQUIRE THE AREA SEEKING TO BE INCORPORATED TO BE CONTIGUOUS, AND PROVIDE THAT CONTIGUITY IS NOT DESTROYED BY AN INTERVENING NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND WHETHER OR NOT IT HAS BEEN PREVIOUSLY INCORPORATED OR ANNEXED, AND PROVIDE THAT THE NAVIGABLE WATERWAY, MARSHLAND, OR LOWLAND DOES NOT PRECLUDE IT FROM BEING USED BY ANOTHER MUNICIPALITY TO ESTABLISH CONTIGUITY FOR PURPOSES OF AN INCORPORATION OR ANNEXATION PROVIDED THE DISTANCE FROM HIGHLAND TO HIGHLAND OF THE AREA BEING INCORPORATED OR ANNEXED IS NOT GREATER THAN ONE MILE.
Rep. FLEMING moved to adjourn debate upon the following Joint Resolution until Tuesday, June 8, which was adopted:
S. 640 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RENEWAL OF CREDENTIALS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2397, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, June 8, which was adopted:
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.
Rep. FLEMING moved to adjourn debate upon the following Bill until Tuesday, June 8, which was adopted:
S. 181 (Word version) -- Senators Washington and Elliott: A BILL TO AMEND SUBARTICLE 1, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING SECTION 20-7-2275 SO AS TO ESTABLISH A KINSHIP FOSTER CARE PROGRAM TO ENCOURAGE THE PLACEMENT OF CHILDREN REMOVED FROM THEIR HOMES INTO THE HOMES OF RELATIVES FOR KINSHIP FOSTER CARE.
Reps. LIMEHOUSE, SHARPE, WHATLEY and MCMAHAND withdrew their requests for debate on S. 126; however, other requests for debate remained on the Bill.
Rep. FLEMING withdrew his request for debate on H. 3786; however, other requests for debate remained on the Bill.
Rep. FLEMING withdrew his request for debate on S. 528; however, other requests for debate remained on the Bill.
The Senate amendments to the following Bill were taken up for consideration:
H. 3522 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Rep. KEEGAN moved to adjourn debate on the Senate amendments, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration:
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The Senate returned to the House with amendments the following:
S. 373 (Word version) -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-1-25, SO AS TO DEFINE THE WORD "RESIDENT" FOR VOTING PURPOSES; TO AMEND SECTION 7-5-230, RELATING TO BOARDS OF REGISTRATION, SO AS TO PROVIDE A PROCEDURE FOR THE CHALLENGING OF THE QUALIFICATIONS OF AN ELECTOR; AND TO AMEND THE CODE OF LAWS BY ADDING SECTION 7-5-325, SO AS TO PROVIDE THAT WRITTEN NOTIFICATION OF A CHANGE OF ADDRESS IS DEEMED GIVEN UNDER OATH.
Rep. FLEMING explained the Senate amendments.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
Rep. FLEMING moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4243 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING AND THANKING HENRY BURCHELL RICKENBAKER FOR HIS THIRTEEN YEARS OF EXEMPLARY AND DISTINGUISHED SERVICE ON THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, KNOWN AS SANTEE COOPER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 896 (Word version) -- Senators Leventis, Jackson, Courson, Giese and Patterson: A CONCURRENT RESOLUTION EXTENDING THE SUPPORT OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE COMMENDABLE EFFORTS OF THE DEDICATED CITIZENS FROM THE PUBLIC AND PRIVATE SECTOR IN MAKING KENSINGTON MANSION A FOCAL POINT FOR EDUCATION, CULTURAL AND HERITAGE TOURISM FOR ALL THE PEOPLE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. CAMPSEN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committees reasons for this request:
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
The yeas and nays were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bailey Barfield Barrett Bowers Breeland Brown J. Campsen Cato Chellis Cobb-Hunter Dantzler Delleney Easterday Edge Emory Gamble Gilham Gourdine Govan Harris Harrison Harvin Haskins Hawkins Hines J. Hines M. Hinson Howard Inabinett Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod M. McLeod W. Meacham Miller Moody-Lawrence Neal J.M. Neilson Ott Parks Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Scott Sheheen Simrill Smith J. Smith R. Stille Stuart Taylor Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Bales Battle Davenport
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. CAMPSEN, SCOTT and WHATLEY to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 38-53-10 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"Section 38-53-10. As used in this chapter:
(1) 'Accommodation bondsman' means a person who has reached the age of eighteen years, is a resident of this State, who, aside from love and affection and release of the person concerned, receives no consideration for action as surety, and who endorses the bail bond after providing satisfactory evidence of ownership, value, and marketability of real property to the extent necessary to reasonably satisfy the official taking bond that the real or personal property will in all respects be sufficient to assure that the full principal sum of the bond will be realized in the event of breach of the conditions of the bond. 'Consideration' as used in this item does not include the legal rights of a surety against a defendant by reason of breach of the conditions of a bail bond nor does it include collateral furnished to and securing the surety so long as the value of the surety's rights in the collateral does not exceed the defendant's liability to the surety by reason of a breach in the conditions of the bail bond.
(2) 'Bail bond' means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount and may include an unsecured appearance bond, a premium-secured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage, and an appearance bond secured by at least one surety.
(3) 'Bail bondsman' means a surety bondsman, professional bondsman, or an accommodation bondsman as defined in this chapter.
(4) 'Clerk of court', unless otherwise specified, means the clerk of the circuit court of the county in the state where the bondsman is currently writing or obligated on the majority of those bail bonds which he has written or on which he is obligated.
(5) 'Court', unless otherwise specified, means circuit, magistrate's, or municipal court.
(6) 'Insurer' means any domestic, foreign, or alien surety company which has qualified generally to transact surety business and specifically to transact bail bond business in this State.
(7) 'Obligor' means a principal or a surety on a bail bond.
(8) 'Principal' means a defendant or witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond.
(9) 'Professional bondsman' means any person who is approved and licensed under the provisions of this chapter and who pledges cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge.
(10) 'Runner' means a person employed by a bail bondsman for the purpose of assisting the bail bondsman in presenting the defendant in court when required, assisting in the apprehension and surrender of the defendant to the court, and keeping the defendant under necessary surveillance, and executing bonds on behalf of the licensed bondsman when the power of attorney has been recorded. 'Runner' does not include an attorney or a law enforcement officer assisting a bondsman.
(11) 'Surety' means one who, with the defendant, is liable for the amount of the bail bond upon forfeiture of bail.
(12) 'Surety bondsman' means any person who is approved by and licensed by the director or his designee as an insurance agent, appointed by an insurer by power of attorney to execute or countersign bail bonds for the insurer in connection with judicial proceedings, and receives or is promised money or other things of value for the execution or countersignature.
(13) 'Appropriate judge' means a magistrate, municipal, or circuit court judge who has jurisdiction over the defendant.
(14) 'Good cause' means the violation of a specific term of the bail bond not to include the nonpayment of fees."
SECTION 2. Section 38-53-200 of the 1976 Code, as last amended by Act 425 of 1998, is further amended to read:
"Section 38-53-200. A professional or surety bondsman may not sign or countersign blank bail bonds, nor may he give a power of attorney to, or otherwise authorize, anyone to countersign his name to bonds unless the authorized person is a licensed bondsman or runner directly employed by the bondsman giving power of attorney. Copies of all the powers of attorney and revocations of the powers of attorney issued by an insurer appointing surety bondsmen must be filed immediately with the department and the clerk of the circuit court of the county in the state where the bondsman giving the power of attorney is currently writing or is obligated on bail bonds."
SECTION 3. The 1976 Code is amended by adding:
"Section 38-53-102. Notwithstanding any other provision of law, the department must suspend for a period of five years the license of a bail bondsman, his associates, affiliates, or runners who refer defendants to attorneys. However, nothing contained in this section shall be construed to prohibit a bail bondsman, his associates, affiliates, or runners from indicating to a defendant that he should contact an attorney for professional assistance, as long as the bail bondsman, his associates, affiliates, or runners do not mention or in any other manner suggest or indicate a particular attorney or law firm by name."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/Edward E. Saleeby /s/George E. "Chip" Campsen III /s/Larry A. Martin /s/John L. Scott, Jr. /s/Maggie Wallace Glover Michael Stewart "Mickey" Whatley On Part of the Senate. On Part of the House.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 403:
S. 403 (Word version) -- Senators Courtney, Short, Moore and Washington: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS WITH FOSTER CHILDREN AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION, AND TO STATE THE DUTIES OF FOSTER PARENTS UNDER THIS SECTION; TO AMEND SECTION 20-7-764, AS AMENDED, RELATING TO APPROVAL OR AMENDMENT OF A PLACEMENT PLAN AFTER REMOVAL OF A CHILD, SO AS TO PROVIDE CIRCUMSTANCES FOR THE COURT TO CONSIDER WHEN DETERMINING WHETHER TO DISCLOSE IN THE PLAN THE LOCATION OF THE CHILD'S PLACEMENT; TO ADD SECTION 20-7-775 SO AS TO REQUIRE THE DEPARTMENT TO DISCLOSE CERTAIN INFORMATION REGARDING THE CHILD TO THE FOSTER PARENTS; TO AMEND SECTION 19-1-180, AS AMENDED, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A MANDATED REPORTER TO REPORT TO LAW ENFORCEMENT IF THE PERPETRATOR IS NOT A "PERSON RESPONSIBLE FOR A CHILD'S WELFARE" AND TO PROVIDE REPORTING AND CONFIDENTIALITY PROVISIONS FOR EXCHANGE OF REPORTER INFORMATION BETWEEN THE DEPARTMENT AND LAW ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING ABUSE AND NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT AND TO EXTEND THE IMMUNITY TO INCLUDE FULL DISCLOSURE OF THE FACTS; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROBABLE CAUSE HEARING PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION WITHIN TWENTY-FOUR HOURS OF A CHILD'S DEATH DUE TO ABUSE OR NEGLECT UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-736, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT IN ABUSE AND NEGLECT CASES, SO AS TO MAKE TECHNICAL CORRECTIONS; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING HEARINGS FOR CHILDREN IN FOSTER CARE, SO AS TO CLARIFY THAT A PROCEEDING MUST BE INITIATED BY THE FILING OF A MOTION AND TO PROVIDE THAT PENDING AN APPEAL IN A FOSTER CARE CASE THE JURISDICTION AND DISPOSITIONAL POWERS OF THE COURT CONTINUES ON MATTERS UNRELATED TO THE APPEAL; TO ADD SECTION 20-7-770 REQUIRING CLERKS OF COURT TO SUBMIT CERTAIN INFORMATION ON CHILD PROTECTION CASES TO COURT ADMINISTRATION WHICH MUST FORWARD THIS INFORMATION MONTHLY AND IN AN ANNUAL REPORT TO THE DEPARTMENT AND TO REQUIRE COURT ADMINISTRATION TO PROSPECTIVELY USE A SEPARATE CODE TO IDENTIFY ABUSE AND NEGLECT CASES; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE, AS A GROUND FOR TERMINATION; TO ADD SECTION 20-7-1630 SO AS TO REQUIRE THE DEPARTMENT TO INFORM FOSTER PARENTS OF FOSTER CHILDREN WHO ARE RELATIVES ABOUT THE BENEFITS ATTENDANT TO PROVIDING FOSTER CARE AND TO PROVIDE ASSISTANCE IN ACQUIRING LICENSING; TO AMEND SECTION 20-7-1640, AS AMENDED, RELATING TO FINGERPRINTING OF FOSTER PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE A TEMPORARY LICENSE IF CERTAIN PRELIMINARY CRIMINAL RECORDS REQUIREMENTS ARE MET; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT WRITTEN REPORTS TO THE COURT THAT ARE DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE; TO AMEND SECTION 59-63-31 RELATING TO RESIDENCY REQUIREMENTS FOR ATTENDING A PUBLIC SCHOOL, SO AS TO PROVIDE PROCEDURES FOR CHILDREN TO OBTAIN CONTINUED SCHOOLING AT A PARTICULAR SCHOOL IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE REQUIRED EVALUATION IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT, TO REQUIRE THE DEPARTMENT TO ENSURE THAT DATA COLLECTION AND EVALUATION SHALL NOT INTERFERE WITH IMPLEMENTING THE PROGRAM, AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT PROJECT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on H. 3833:
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
Very respectfully,
President
Received as information.
The COMMITTEE OF CONFERENCE, to whom was referred:
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 12-54-75. (A) The State Treasurer may authorize a state agency which collects revenues, either as taxes or license fees or as payment for goods or services, to accept electronic forms of payment including, but not limited to, credit cards, debit cards, bank debits or credits, or electronic purse options. These electronic payments may be accepted in the course of an electronic commerce transaction, in which the business transaction is conducted by means of the internet, interactive voice response, or other fully electronic means.
(B) The State Treasurer may contract on behalf of the agencies with payment service providers for the processing of electronic payments, and may negotiate associated processing fees. The agency collecting revenues electronically may withhold the negotiated processing fees for payment to service providers from the revenues collected."
SECTION 2. Section 12-37-220(B) of the 1976 Code is amended by adding:
"(42) All real property of charitable trusts and foundations held for historic preservation of forts and battlegrounds which extends beyond the buildings and premises actually occupied by the charitable trusts and foundations which own the real property if no profit or benefit from any operation on the charitable trusts and foundations' real property inures to the benefit of any private stockholder or individual and no income producing ventures are located on the charitable trusts and foundations' real property. This exemption does not change any exemption provided for charitable trusts and foundations in item (4) of subsection (A) of this section and item (d), Section 3, Article X of the Constitution of this State but is an additional exemption for charitable trusts and foundations for historic preservation as provided in this item."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
/s/David L. Thomas /s/Alfred B. Robinson /s/Kay Patterson /s/William "Bill" Clyburn /s/J. Yancey McGill /s/Lewis R. Vaughn On Part of the Senate. On Part of the House.
Rep. ROBINSON explained the Conference Report.
The question then recurred to the adoption of the Conference Report.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Altman Askins Bailey Bales Barfield Barrett Battle Bowers Brown G. Brown J. Brown T. Campsen Carnell Chellis Cobb-Hunter Cooper Cotty Dantzler Delleney Easterday Edge Emory Fleming Gamble Gilham Gourdine Hamilton Harris Harrison Harvin Hawkins Hines J. Hinson Howard Inabinett Keegan Kelley Kirsh Klauber Knotts Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McLeod M. McLeod W. Meacham Miller Neal Neal J.M. Neilson Ott Parks Phillips Quinn Rice Riser Robinson Rodgers Sandifer Sharpe Simrill Smith D. Smith J. Smith R. Stille Taylor Townsend Vaughn Webb Whatley Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Breeland Davenport Kennedy Lee Lloyd Moody-Lawrence Rutherford Scott Stuart
So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.
On motion of Rep. HARRISON, the House non-concurred in the Senate amendments to the following Bill and a message was ordered sent to the Senate accordingly:
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 872 (Word version) -- Senator Bauer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION PLACE SIGNS THAT CONTAIN THE CAPTION "HISTORIC DOWNTOWN NEWBERRY" AND THAT INDICATE THE DIRECTION TO THE HISTORIC AREA ON INTERSTATE 26 AT EXITS 72, 74, AND 76.
Ordered for consideration tomorrow.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4244 (Word version) -- Rep. Stille: A BILL TO AMEND SECTION 4-12-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF A FEE IN LIEU OF PROPERTY TAXES, SECTION 4-29-10, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF INDUSTRIAL DEVELOPMENT PROJECTS, AND SECTION 12-44-30, RELATING TO DEFINITIONS FOR PURPOSES OF A SIMPLIFIED FEE IN LIEU OF PROPERTY TAXES, ALL SO AS TO ENLARGE THE DEFINITION OF "PROJECT" TO INCLUDE INFRASTRUCTURE IMPROVEMENTS AS DEFINED IN SECTION 12-21-6520 FOR PURPOSES OF THE TOURISM INFRASTRUCTURE ADMISSION TAX ACT OF 1997.
Referred to Committee on Ways and Means
H. 4245 (Word version) -- Rep. Hawkins: A JOINT RESOLUTION TO PROVIDE THAT IF HIS EXCELLENCY, JAMES H. HODGES, GOVERNOR OF THE STATE OF SOUTH CAROLINA, CONVENES THE GENERAL ASSEMBLY IN EXTRA SESSION AFTER IT ADJOURNS ITS REGULAR SESSION, SINE DIE, IN 1999, ALL COSTS ASSOCIATED WITH CONDUCTING THE EXTRA SESSION MUST BE PAID FROM FUNDS APPROPRIATED FOR THE GOVERNOR'S OFFICE
Rep. HAWKINS asked unanimous consent to have the Joint Resolution placed on the Calendar without reference.
Rep. NEAL objected.
Referred to Committee on Ways and Means
H. 4248 (Word version) -- Reps. Jennings, Knotts, Whatley, Allen and Maddox: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VIOLENT CRIME, SO AS TO ADD SAFECRACKING AS A VIOLENT CRIME.
Referred to Committee on Judiciary
H. 4249 (Word version) -- Rep. Knotts: A BILL TO ENACT THE "SOUTH CAROLINA SAFETY IN SCHOOLS ACT OF 1999", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-135 SO AS TO PROVIDE FOR A SCHOOL RESOURCE OFFICER FOR EACH MIDDLE, JUNIOR, AND HIGH SCHOOL IN THIS STATE, TO PROVIDE FOR THE MANNER IN WHICH THESE SCHOOL RESOURCE OFFICERS SHALL BE EMPLOYED, TRAINED, AND ASSIGNED, TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT, BEGINNING WITH FISCAL YEAR 2000-2001, SHALL PROVIDE CERTAIN FUNDING FOR THESE OFFICERS, AND TO REQUIRE EACH MIDDLE, JUNIOR, OR HIGH SCHOOL WITH AN INTERCOM SYSTEM TO DEVELOP VERBAL SECURITY CODES TO BE USED TO WARN TEACHERS AND STAFF OF CERTAIN TYPES OF IMPENDING DANGER.
Referred to Committee on Judiciary
H. 4250 (Word version) -- Reps. Knotts, Battle, Beck, Cato, Dantzler, Davenport, Inabinett, Law, Leach, Meacham, Sandifer, Simrill, Taylor and Young-Brickell: A BILL TO ENACT THE "SOUTH CAROLINA SAFETY IN SCHOOLS ACT OF 1999", INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-135 SO AS TO PROVIDE FOR A SCHOOL RESOURCE OFFICER FOR EACH MIDDLE, JUNIOR, AND HIGH SCHOOL IN THIS STATE, TO PROVIDE FOR THE MANNER IN WHICH THESE SCHOOL RESOURCE OFFICERS SHALL BE EMPLOYED, TRAINED, AND ASSIGNED, AND TO PROVIDE THAT THE GENERAL ASSEMBLY IN THE ANNUAL GENERAL APPROPRIATIONS ACT, BEGINNING WITH FISCAL YEAR 2000-2001, SHALL PROVIDE CERTAIN FUNDING FOR THESE OFFICERS.
Referred to Committee on Judiciary
H. 4251 (Word version) -- Rep. Knotts: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 56 SO AS TO ENACT THE SOUTH CAROLINA PERPETUAL CARE CEMETERY ACT, ESTABLISH THE SOUTH CAROLINA PERPETUAL CARE CEMETERY BOARD, PROVIDE FOR ITS POWERS AND DUTIES, AND REVISE THE PROVISIONS OF THE CHAPTER REGARDING THE REQUIREMENTS FOR BURIAL VAULTS, CEMETERIES, AND LICENSES; AND TO REPEAL CHAPTER 55, TITLE 39 RELATING TO CEMETERIES.
Rep. KNOTTS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KIRSH objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs
The following was introduced:
H. 4246 (Word version) -- Reps. Kennedy and Harvin: A CONCURRENT RESOLUTION CONGRATULATING WILLIAMSBURG TECHNICAL COLLEGE UPON ITS THIRTIETH ANNIVERSARY AND COMMENDING DR. JAMES C. WILLIAMSON, PRESIDENT, AND THE BOARD OF TRUSTEES FOR THE COLLEGE'S MANY SIGNIFICANT CONTRIBUTIONS TO THE PEOPLE OF WILLIAMSBURG COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4247 (Word version) -- Reps. Hawkins and Littlejohn: A CONCURRENT RESOLUTION TO RECOGNIZE MR. GEORGE COBB OF SPARTANBURG COUNTY FOR HIS DEDICATED PUBLIC SERVICE AND OUTSTANDING LEADERSHIP TO SPARTANBURG COUNTY AND THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. D. SMITH moved to adjourn debate upon the following Joint Resolution, which was adopted:
H. 4166 (Word version) -- Reps. Robinson, Allen, Altman, Barrett, Campsen, Cato, Cobb-Hunter, Cooper, D. Smith, Davenport, Delleney, Easterday, Edge, Gamble, Hamilton, Haskins, Hawkins, Kirsh, Klauber, Koon, Lanford, Leach, Littlejohn, Loftis, Lourie, Maddox, McGee, Meacham, Miller, Moody-Lawrence, Quinn, Rice, Sharpe, Sheheen, Simrill, Stille, Tripp, Trotter, Vaughn, Walker, Woodrum, Sandifer, Riser and Allison: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1999-2000 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
The Senate amendments to the following Bill were taken up for consideration:
H. 3522 (Word version) -- Rep. Altman: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO AUTHORIZE THE BOARD TO PURCHASE, SELL, OR LEASE REAL AND PERSONAL PROPERTY FOR ITS AUTHORIZED PURPOSES UNDER CERTAIN CONDITIONS.
Rep. SEITHEL proposed the following Amendment No. 341A (Doc Name KGH\AMEND\15805HTC99), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The General Assembly finds that the:
(1) Medical University Hospitals and Clinics are required to provide critical medical and hospital care while at the same time serving the role of teaching hospitals and clinics supporting the training of medical professionals;
(2) Medical University Hospitals and Clinics operate in a highly competitive health care environment, and of necessity, must have maximum flexibility in their management and operations to realize greater efficiencies, enhance revenues, and reduce expenditures in order for the hospitals and clinics to continue to succeed in their critical and comprehensive public mission;
(3) Board of Trustees of the medical University of South Carolina should have greater management and operational flexibility to achieve these goals.
SECTION 2. Section 59-123-60 of the 1976 Code is amended to read:
"Section 59-123-60. (A) The board of trustees shall elect one of its number to be chairman and is authorized to elect a university president, one or more vice-presidents, and a secretary, prescribe their duties and terms of office, and fix their compensation. It shall elect teachers of professorial rank in the various colleges which make up The Medical University of South Carolina and other officers and employees as may be necessary for the proper conduct of the university and fix their compensation, the fees and charges of students, and the rules for the government of the university. The board of trustees also has the following powers:
(1) to make bylaws and regulations considered expedient for the management of its affairs and its own operations not inconsistent with the Constitution and laws of this State or of the United States;
(2) to confer the appropriate degrees in medicine, dental medicine, pharmacy, nursing, health related professions, and graduate studies in related health fields upon students and other persons as in the opinion of the board of trustees may be qualified to receive them.
(B) All revenues of the Medical University of South Carolina, the Medical University Hospital, any funds transferred to the Medical University for a practice plan for faculty established in the College of Medicine, and any for-profit corporation established by the practice plan are considered public funds and must therefore be expended for a public purpose as that purpose is defined in the applicable state law and regulations. For purposes of this subsection, and in addition to all other applicable laws and regulations, public purposes also do not include expenditures for purchasing gifts, making political or other contributions, and reimbursing officers' and employees' travel and subsistence expenses in excess of those authorized by law for state employees away from their job site on official business.
(C) The provisions of the Freedom of Information Act apply to any practice plan entity established for the faculty and to any other entities affiliated with the university or the practice plan whether or not for profit, except that access is not allowed under this section to patient records or insurance information with respect to patients.
(D) No member of the Medical University Board, officers in the administration of the university, including deans of the various colleges, or a current or former president of the Medical University may own any interest in businesses or property acquired by the Medical University or any of its affiliates or subsidiaries nor may the aforementioned officers have a financial interest in a business contracting or subcontracting with the Medical University or any of its subsidiaries or affiliates.
(E) The Board of Trustees of the Medical University of South Carolina is the governing body of the Medical University Hospitals and Clinics (hereinafter 'hospital'). Whenever the board functions in its capacity as the governing authority of the hospital, the board of trustees is constituted and designated as the Medical University Hospital Authority. The board, as the authority, has the powers granted the Board of Trustees of the Medical University of South Carolina under this chapter and the following powers:
(1) make and amend bylaws for its governance consistent with the purposes of this chapter;
(2) make bylaws for the management, regulation, and operation of the hospital;
(3) make contracts and have, hold, purchase, and lease real estate and personal property for corporate purposes; and sell and dispose of personal property and any buildings that are considered by it as surplus property or no longer needed and any buildings that it may need to do away with for the purpose of making room for other construction. These contracts are exempt from the South Carolina Consolidated Procurement Code and Regulations, but the authority must adopt a procurement policy requiring competitive bidding for construction contracts, which must be filed with and approved by the State Budget and Control Board;
(4) receive contributions, donations, and payments and invest and disburse its funds; provided, however, that these funds are funds which must be used for public purposes, and further, that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;
(5) construct, operate, and maintain the hospital and related premises, buildings and facilities, and infrastructure;
(6) Reserved;
(7) appoint such officers, employees, personnel, and agents of the hospital and define such duties and fix their compensation in such manner as is necessary to carry out the hospital's activities and affairs; the leave, holiday, and vacation policies of the authority's personnel and employees are exempt from Budget and Control Board personnel policies and applicable laws as they specifically relate to those policies; all personnel employed at the hospital are exempt from the provisions of Article 5, Chapter 17 of Title 8, the State Employee Grievance Procedure, but the board shall adopt a grievance procedure substantially similar to the provisions of that article to govern personnel and employees of the hospital, and this procedure must be filed with and approved by the State Budget and Control Board. All employees of the hospital must be furnished a copy of this grievance procedure; all personnel employed at the hospital are employees-at-will and are state employees for purposes of eligibility for participation in the South Carolina Retirement System, the State Health Insurance Group plans, and pursuant to the South Carolina Tort Claims Act;
(8) make pension payments to the South Carolina Retirement Systems on behalf of personnel or employees employed at the hospital who qualify in the same manner as other state employees in the executive branch of government;
(9) pay contributions to the Office of Insurance Services for health and dental plans on behalf of personnel employed at the hospital who qualify in the same manner as other state employees in the executive branch of government;
(10) receive, expend, and control under its own name and account any appropriated funds, federal funds, donations, and grants made available to the hospital; provided, however, that these funds are funds which must be used for a public purpose, and further that the authority may not use or authorize the use of funds, property, or time to influence the outcome of an election;
(11) conduct an annual fiscal audit by certified public accountants selected by the authority who shall review the accounts of the hospital and report such findings of the audit to the Governor and the General Assembly in accordance with generally accepted auditing standards;
(12) prepare and submit an annual budget to the General Assembly and the Budget and Control Board for review;
(13) establish management controls and staffing of personnel as the authority deems most appropriate for the prudent conduct of the activities and affairs of the hospital; provided, that they establish an internal audit function that would report directly to the authority;
(14) establish such not-for-profit corporations as the authority considers necessary to assist the authority in carrying out its functions; provided, that any entity created pursuant to this subsection is considered to be an entity of the authority and subject to all laws and regulations applicable to the authority under this section. The formation of for-profit corporations by the authority is strictly prohibited;
(15) upon review of the audit report required in Section 59-123-60(B)(18), the legislature, by joint resolution, or the Governor by Executive Order may request audits to be completed by the State Auditors Office and/or the Legislative Audit Council. Based on the findings reported in the audit required in Section 59-123-60(B)(18) by the State Auditors Office or by the Legislative Audit Council, the legislature, by joint resolution, may require intervention by the Budget and Control Board for the purposes of rectifying any material findings reflected in the audits;
(16) a trustee serving on the Board of Trustees of the Medical University Hospitals and Clinics, a member of the Medical University Board, an officer in the administration of the university, including deans of the various colleges, the president of the Medical University, or any other officer of the hospital or any of its affiliates who have been found guilty of malfeasance, misfeasance, incompetence, absenteeism, conflict of interest, misconduct, persistent neglect of duty in office, or incapacity shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. But before removing any such person, the Governor shall inform him in writing of the specific charges against him and give him an opportunity on reasonable notice to be heard. The Governor shall appoint a successor to fill the vacancy created by his removal. The successor appointed by the Governor is to serve in that position until a successor is elected and qualified in accordance with Section 59-123-50;
(17) the Medical University Hospitals and Clinics shall offer and provide to the Medical University of South Carolina the services necessary for the training and education of health professionals;
(18) beginning in fiscal year 2000-2001 state appropriations to the Medical University of South Carolina for support of the Medical University Hospitals and Clinics shall be redirected to the Department of Health and Human Services. These funds shall be used as match funds for the Disproportionate Share for Hospitals federal program. Any excess funding may be used for hospital base rate increases. The Medical University Hospitals and Clinics shall continue to be a health provider for the citizens of South Carolina and the clinical site for the education and training programs of the Medical University of South Carolina."
SECTION 3. If any term or provision of a section of this act is found to be illegal or unenforceable, the remainder of this act is to remain in full force and effect, and the illegal or unenforceable term or provision is deemed severable from the other provisions of this act.
SECTION 4. This act takes effect upon approval by the Governor or upon adoption by the Board of Trustees of the Medical University of South Carolina of a resolution endorsing the provisions of this act, whichever occurs later. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SEITHEL explained the amendment.
The amendment was then adopted by a division vote of 73 to 1.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
On motion of Rep. FLEMING, the House non-concurred in the Senate amendments and a message was ordered sent to the Senate accordingly:
H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 6-25-80, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 6-25-120, AS AMENDED, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 6-25-127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 6-25-145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 6-25-155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; AND TO AMEND SECTION 6-25-160, RELATING TO THE TAX-EXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12-2-50.
The Senate returned to the House with amendments the following:
S. 597 (Word version) -- Judiciary Committee: A BILL TO AMEND SECTION 56-1-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALITIES FOR VIOLATION OF A DRIVER'S LICENSE RESTRICTION IMPOSED DUE TO THE DRIVER'S LIMITED ABILITY, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-1-320, AS AMENDED, RELATING TO THE SUSPENSION OR REVOCATION OF A RESIDENT'S LICENSE OR NONRESIDENT'S DRIVING PRIVILEGE UPON CONVICTION IN ANOTHER STATE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-1-740, AS AMENDED, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR NON-RESIDENT'S PRIVILEGE TO DRIVE AFTER AN ACCUMULATION OF EXCESSIVE POINTS, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-5-750, AS AMENDED, RELATING TO THE OFFENSE OF FAILURE TO STOP, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE IF PERMITTED BY THE APPLICABLE LAW IN SOUTH CAROLINA; TO AMEND SECTION 56-5-2951, AS AMENDED, RELATING TO ADMINISTRATIVE HEARINGS FOR DRIVING UNDER THE INFLUENCE, SO AS TO PROVIDE THAT A TEMPORARY ALCOHOL RESTRICTED LICENSE SHALL REMAIN IN EFFECT UNTIL THE DEPARTMENT OF PUBLIC SAFETY ISSUES AN ORDER AND SENDS NOTICE TO A PERSON THAT HIS SUSPENSION WAS UPHELD AT THE ADMINISTRATIVE HEARING, AND TO FURTHER PROVIDE THAT AN ADMINISTRATIVE HEARING MUST BE HELD WITHIN THIRTY DAYS AFTER THE REQUEST FOR THE HEARING IS RECEIVED BY THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 56-9-430, RELATING TO THE SUSPENSION OF A DRIVER'S LICENSE OR PRIVILEGE AND REGISTRATION FOR THE NONPAYMENT OF A JUDGMENT, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-260, AS AMENDED, RELATING TO A FALSE CERTIFICATE OR FALSE EVIDENCE OF INSURANCE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED LICENSE; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE OPERATION OF AN UNINSURED VEHICLE, SO AS TO PERMIT A PERSON WHOSE LICENSE IS SUSPENDED PURSUANT TO THIS SECTION TO OBTAIN A ROUTE RESTRICTED DRIVER'S LICENSE; AND TO AMEND SECTION 56-1-748, AS AMENDED, RELATING TO ROUTE RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ELIGIBLE FOR A ROUTE RESTRICTED DRIVER'S LICENSE ONE TIME ONLY.
Rep. JENNINGS explained the Senate amendments.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
On motion of Rep. SHARPE, the House non-concurred in the Senate amendments and a message was ordered sent to the Senate accordingly:
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Rodgers, Riser, Miller, Breeland, Campsen, Beck, Altman, Seithel, M. McLeod, Harrell, Ott, Cobb-Hunter, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.
The Senate returned to the House with amendments the following:
H. 3477 (Word version) -- Reps. Neilson, Seithel, Sharpe, J. Brown, J. Smith, R. Smith, Rhoad, Lucas, Davenport, Lee, Mason, Altman, Keegan, Harrison, McCraw, Clyburn, J. Hines, Bales, Lourie, Lanford, Bauer and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-190 SO AS TO CREATE A MODEL LEGISLATURE ON AGING ISSUES TO BE ADMINISTERED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE, INC.; TO PROVIDE FOR THE PURPOSES OF THE LEGISLATURE; AND TO PROVIDE THAT MEMBERS MUST BE SELECTED BY THE SOUTH CAROLINA SILVER HAIRED LEGISLATURE IN COORDINATION WITH THE STATE'S NETWORK OF AGING PROGRAMS.
The Senate amendments were agreed to and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act and that it be enrolled for Ratification.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Hutto and Ravenel of the Committee of Conference on the part of the Senate on H. 3276:
H. 3276 (Word version) -- Reps. Wilkins, Cato, Bailey, Barrett, Battle, G. Brown, H. Brown, Carnell, Cobb-Hunter, Easterday, Gamble, Harrell, Harrison, Jennings, Keegan, Kelley, Kirsh, Klauber, Mason, McGee, McKay, Quinn, Sandifer, Sharpe, D. Smith, R. Smith, Tripp, Young-Brickell, Leach, Whatley, Meacham, Law, Seithel, Woodrum, Trotter, Fleming, Chellis, Walker, Loftis, Altman, Riser, Stille, Rodgers, Rice, Bauer, Beck, Edge, Dantzler, Maddox, Cooper, Lanford, Martin, Hamilton, Campsen, Phillips, Lee, Gilham, Robinson and Simrill: A BILL TO AMEND CHAPTER 9 OF TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 20 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH AMOUNTS MAY BE CHARGED BY MUNICIPALITIES TO TELECOMMUNICATIONS COMPANIES FOR THE USE OF THE PUBLIC RIGHTS-OF-WAY AND FOR BUSINESS LICENSE TAXES IN ORDER TO ENSURE THAT SUCH CHARGES ARE IMPOSED ON A COMPETITIVELY NEUTRAL AND NONDISCRIMINATORY BASIS, TO LIMIT OR RESTRICT THE IMPOSITION OF CERTAIN OTHER FEES AND TAXES ON TELECOMMUNICATIONS COMPANIES BY MUNICIPALITIES; AND TO PROVIDE FOR RELATED PROCEDURAL AND OTHER MATTERS.
Very respectfully,
President
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and has granted free conference powers and appointed Senators Saleeby, Glover and Martin of the Committee of Free Conference on the part of the Senate on H. 3525:
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
Very respectfully,
President
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on H. 3525:
H. 3525 (Word version) -- Rep. Scott: A BILL TO AMEND SECTION 38-53-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH THE PROVISIONS RELATING TO BAIL BONDSMEN AND RUNNERS, SO AS TO REVISE THE DEFINITION OF RUNNER AND TO FURTHER PROVIDE THAT RUNNERS MAY EXECUTE BONDS ON BEHALF OF A LICENSED BONDSMAN WHEN A POWER OF ATTORNEY HAS BEEN RECORDED; AND TO AMEND SECTION 38-53-200, AS AMENDED, RELATING TO THE SIGNING OF BONDS, SO AS TO PROVIDE THAT A RUNNER MAY SIGN A BOND AND TO DELETE ONLY THE REQUIREMENT THAT POWERS OF ATTORNEY AND REVOCATIONS OF POWERS OF ATTORNEY ISSUED BY AN INSURER APPOINTING SURETY BONDSMEN BE FILED WITH THE CLERK OF COURT.
Very respectfully,
President
The Report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act and that it be enrolled for Ratification.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3904:
H. 3904 (Word version) -- Rep. Lanford: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 153 SO AS TO PROVIDE FOR THE INVESTMENT OF ENDOWMENT FUNDS OF STATE-SUPPORTED INSTITUTIONS OF HIGHER LEARNING, PROVIDE FOR DEFINITIONS, FIDUCIARY DUTIES, INVESTMENT PLANS, AND RESPONSIBILITIES, PROVIDE FOR THE USE OF AN ANNUAL PLAN SUBMITTED BY THE STATE RETIREMENT SYSTEM INVESTMENT PANEL IN DETERMINING EACH INSTITUTION'S INVESTMENT PLAN, TO DESIGNATE THE BOARD OF TRUSTEES OF EACH INSTITUTION OF HIGHER LEARNING AS TRUSTEE FOR THE FUNDS HELD BY THE STATE TREASURER AND THE STATE TREASURER AS THE AGENT OF EACH TRUSTEE FOR THE PURPOSE OF CARRYING OUT THE APPROVED INVESTMENT PLAN OF EACH RESPECTIVE INSTITUTION OF HIGHER LEARNING, PROVIDE FOR THE TRUSTEE'S POWERS AND DUTIES, PROVIDE FOR CERTAIN INVESTMENT CONSIDERATIONS WHICH MUST BE FOLLOWED BY THE TRUSTEE, AND PROVIDE FOR THE LIABILITY OF A TRUSTEE WHO BREACHES HIS DUTY IMPOSED BY CHAPTER 153 OF TITLE 59; BY ADDING SECTIONS 11-5-245 AND 11-5-260 SO AS TO PROVIDE FOR REPORTS FROM THE STATE TREASURER TO THE RESPECTIVE BOARDS OF TRUSTEES ON A PERIODIC BASIS, AND TO AUTHORIZE THE STATE TREASURER TO INVEST THESE ENDOWMENT FUNDS HELD BY HIM IN EQUITY SECURITIES FOR EACH RESPECTIVE INSTITUTION AS DIRECTED BY ITS BOARD OF TRUSTEES; AND TO AMEND SECTIONS 30-4-40 AND 30-4-70, BOTH AS AMENDED, RELATING TO MATTERS EXEMPT FROM DISCLOSURE AND MEETINGS WHICH MAY BE CLOSED FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT RECORDS RELATING TO INVESTMENTS OR OTHER FINANCIAL MATTERS OF THE ENDOWMENT INVESTMENT SYSTEMS IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES AND TO ALLOW THE RESPECTIVE BOARDS OF TRUSTEES MEETING AS TRUSTEES OF THE RESPECTIVE ENDOWMENT FUNDS TO MEET IN EXECUTIVE SESSION IF DISCLOSURE WOULD JEOPARDIZE INVESTMENT DECISIONS OR OBJECTIVES; AND TO PROVIDE FOR THE SEVERABILITY OF THE PROVISIONS OF THIS ACT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3641:
H. 3641 (Word version) -- Reps. Harrison, Seithel, Altman, Wilkins and Edge: A BILL TO AMEND CHAPTER 1, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT, BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE IMPOSITION OF A DEVELOPMENT IMPACT FEE BY A COUNTY OR MUNICIPALITY BY ORDINANCE; TO PROVIDE FOR AN ADVISORY COMMITTEE FOR RECOMMENDING, AND PROCEDURES FOR ADOPTING, LAND USE ASSUMPTIONS, A CAPITAL IMPROVEMENTS PLAN, AND IMPACT FEES; TO PROVIDE FOR COMPUTATION OF THE PROPORTIONATE SHARE OF COSTS OF NEW PUBLIC FACILITIES NEEDED TO SERVE NEW GROWTH AND DEVELOPMENT; AND TO LIMIT THE USES OF THE REVENUE COLLECTED FROM A DEVELOPMENT IMPACT FEE TO APPLICATION TOWARD THE INCREASED COST OF SERVING NEW GROWTH AND DEVELOPMENT.
and asks for a Committee of Conference and has appointed Senators McConnell, Cork and Rankin of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. R. SMITH, EDGE and QUINN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested and granted free conference powers and appointed Senators Bryan, Short and Matthews of the Committee of Free Conference on the part of the Senate on H. 3620:
H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Very respectfully,
President
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Free Conference on H. 3620:
H. 3620 (Word version) -- Reps. J. Smith, Allen, Bailey, Bales, Battle, Bowers, Breeland, J. Brown, T. Brown, Carnell, Cobb-Hunter, Emory, Gourdine, Harris, Hayes, M. Hines, Howard, Inabinett, Jennings, Kennedy, Lee, Lourie, Mack, Maddox, McCraw, M. McLeod, W. McLeod, McMahand, Miller, Moody-Lawrence, Neal, Neilson, Ott, Phillips, Pinckney, Rhoad, Sheheen, Whipper, Wilder, Wilkes, Lloyd, Scott and J. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION BY ADDING CHAPTER 152, SO AS TO ENACT THE "SOUTH CAROLINA FIRST STEPS TO READINESS ACT" WHICH IS AN INITIATIVE FOR IMPROVING EARLY CHILDHOOD DEVELOPMENT BY PROVIDING GRANTS TO LOCAL PARTNERSHIPS TO PROVIDE SERVICES AND SUPPORT TO CHILDREN AND THEIR FAMILIES TO ENABLE CHILDREN TO REACH SCHOOL READY TO LEARN; TO ESTABLISH GOALS FOR THIS INITIATIVE; TO PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE OFFICE IMPLEMENTING AND OPERATING THE INITIATIVE; TO ESTABLISH ELIGIBILITY CRITERIA AND PROGRAM PARAMETERS FOR LOCAL PARTNERSHIPS; AND TO ESTABLISH FISCAL GUIDELINES, CRITERIA FOR LOCAL MATCHING FUNDS, AND EVALUATION REQUIREMENTS FOR LOCAL PARTNERSHIPS; TO AMEND ARTICLE 17, CHAPTER 7, TITLE 20 RELATING TO THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA, SO AS TO CHANGE THE NAME OF THE FUND TO CHILDREN'S FIRST STEPS TRUST FUND, PROVIDE THAT IT SHALL OVERSEE THE FIRST STEPS TO SCHOOL READINESS ACT, AND TO REVISE THE PURPOSES OF THE TRUST FUND AND TO FURTHER PROVIDE FOR ITS GOVERNING BOARD, FUNCTIONS, DUTIES, AND FUNDING; TO ADD SECTIONS 43-1-240 AND 44-1-280 SO AS TO PROVIDE THAT THE DEPARTMENT OF SOCIAL SERVICES AND THE BOARD AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, IN ESTABLISHING PRIORITIES AND FUNDING FOR PROGRAMS AND SERVICES WHICH IMPACT ON CHILDREN AND FAMILIES DURING THE FIRST YEARS OF A CHILD'S LIFE, MUST SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT AT THE STATE AND LOCAL LEVELS; TO STATE THE INTENT OF THE GENERAL ASSEMBLY THAT STATE AGENCIES SUPPORT THE FIRST STEPS TO SCHOOL READINESS ACT; TO REQUIRE THE CODE COMMISSIONER TO REVISE REFERENCES IN THE SOUTH CAROLINA CODE TO CONFORM TO THIS ACT, AS FEASIBLE; TO PROVIDE THAT THE TERMS OF BOARD MEMBERS OF THE CHILDREN'S TRUST FUND OF SOUTH CAROLINA EXPIRE ON THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE THAT FUNDS IN THE TRUST FUND PRIOR TO THIS ACT'S EFFECTIVE DATE MUST BE EXPENDED IN ACCORDANCE WITH THE PURPOSES OF THE FUND BEFORE AMENDMENT BY THIS ACT; AND TO AMEND CHAPTER 63 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUPILS, BY ADDING ARTICLE 13 SO AS TO PROVIDE THE CONDITIONS, REQUIREMENTS, AND PROCEDURES UNDER WHICH LOCAL SCHOOL BOARDS OF TRUSTEES BEGINNING WITH SCHOOL YEAR 1999-2000 SHALL ESTABLISH AND OPERATE A PROGRAM OF ALTERNATIVE SCHOOLS FOR CERTAIN STUDENTS IN THEIR DISTRICTS, TO PERMIT THESE ALTERNATIVE SCHOOL PROGRAMS TO BE OPERATED EITHER INDIVIDUALLY OR AS A COOPERATIVE AGREEMENT WITH OTHER SCHOOL DISTRICTS, AND TO PROVIDE FOR THE MANNER IN WHICH THESE ALTERNATIVE SCHOOLS SHALL BE FUNDED.
Very respectfully,
President
The following was received from the Senate.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3759:
H. 3759 (Word version) -- Reps. Cobb-Hunter, Wilkins, Seithel, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, Breeland, G. Brown, H. Brown, J. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Davenport, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harvin, Haskins, Hawkins, Hayes, J. Hines, Hinson, Howard, Inabinett, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Martin, Mason, McCraw, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Sharpe, Simrill, D. Smith, F. Smith, R. Smith, Stille, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Wilder, Wilkes, Witherspoon, Woodrum and Young-Brickell: A BILL TO AMEND TITLE 15, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON CIVIL ACTIONS, BY ADDING ARTICLE 2 SO AS TO ENACT THE YEAR 2000 COMMERCE PROTECTION ACT IN ORDER TO PROVIDE FOR THE RECOVERY OF A CLAIM FOR A PERSON WHO SUFFERS AN ECONOMIC LOSS AS A RESULT OF THE YEAR 2000 PROBLEM.
and asks for a Committee of Conference and has appointed Senators McConnell, Courtney and Ford of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. COTTY, MADDOX and MCGEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3522:
H. 3522 (Word version) -- Rep. Altman: A BILL TO MAKE FINDINGS OF LEGISLATIVE INTENT WITH RESPECT TO THE SPECIAL NEEDS OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS TO MAINTAIN MAXIMUM FLEXIBILITY IN MANAGEMENT AND OPERATIONS; TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORGANIZATION AND POWERS OF THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES OF THE MEDICAL UNIVERSITY OF SOUTH CAROLINA SHALL CONSTITUTE THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY FOR THE MANAGEMENT AND OPERATION OF THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS IN ORDER TO PROVIDE A HIGH LEVEL OF MANAGEMENT AND OPERATIONAL FLEXIBILITY TO THE AUTHORITY AND REMOVE THE HOSPITALS AND CLINICS FROM CENTRAL STATE PROGRAM REGULATION OF PROCUREMENT, REAL PROPERTY, AND HUMAN RESOURCES, TO SET FORTH THE DUTIES AND POWERS OF THE BOARD OF TRUSTEES AS THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY; TO AMEND SECTION 8-11-260, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE PERSONNEL POLICIES AND REQUIREMENTS, SO AS TO EXEMPT EMPLOYEES OF THE HOSPITALS AND CLINICS FROM BUDGET AND CONTROL BOARD PERSONNEL ADMINISTRATION; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM STATE EMPLOYEE GRIEVANCE PROCEDURES, SO AS TO EXEMPT MEDICAL UNIVERSITY HOSPITAL AND CLINIC EMPLOYEES FROM THE STATE EMPLOYEE GRIEVANCE ACT; AND TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE PROCUREMENT CODE, SO AS TO ADD AN EXEMPTION TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR THE MEDICAL UNIVERSITY HOSPITALS AND CLINICS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3617:
H. 3617 (Word version) -- Reps. Witherspoon, Sharpe, Sandifer, Breeland, Miller, Riser, Rodgers, Campsen, Beck, Altman, Seithel, M. McLeod, Cobb-Hunter, Ott, Harrell, Inabinett, Whatley, Battle and McGee: A BILL TO AMEND CHAPTER 5, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO THE MARINE RESOURCES DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF MARINE RESOURCES, SO AS TO ENACT THE "SOUTH CAROLINA MARINE RESOURCES ACT OF 1999", AND TO REVISE PROVISIONS REGULATING MARINE RESOURCES AND THE MANNER THAT MARINE LIFE MAY BE HARVESTED, DEFINITIONS, OFFENSES, JURISDICTION, LAW ENFORCEMENT AUTHORITY, PROGRAMS, SUSPENSION OF PRIVILEGES, PENALTIES, ZONES, AND BOARDING OF VESSELS; TO PROVIDE FOR MARINE LICENSES AND PERMITS; TO PROVIDE FOR THE USE OF FISHING EQUIPMENT; TO PROVIDE FOR AND REGULATE TRAWLING, THE TAKING OF SHELL FISH, SHRIMP, ANADROMOUS AND CATADROMOUS FINFISH, ESTUARINE AND SALTWATER FINFISH, RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT, MARICULTURE, AND TO PROVIDE MISCELLANEOUS PROVISIONS NECESSARY TO REGULATION AND MANAGEMENT OF MARINE RESOURCES, TO PROVIDE FOR A POINT SYSTEM FOR VIOLATIONS OF MARINE RESOURCES LAWS, TO PROVIDE FOR INTERJURISDICTIONAL FISHERY MANAGEMENT; TO AMEND SECTION 44-1-152, RELATING TO REVENUE FROM FINES AND FORFEITURES, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF REVENUE FROM FINES AND FORFEITURES; TO ADD SECTION 50-1-295 SO AS TO PROHIBIT REMOVING OR DISTURBING SIGNS, BUOYS, OR OTHER DEVICES USED BY THE DEPARTMENT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND SECTION 50-13-650, RELATING TO THE USE OF NETS OR SEINES IN THE SAVANNAH RIVER; TO AMEND SECTION 50-13-730, RELATING TO THE USE OF NETS TO TAKE NONGAME FISH IN GAME ZONE 9, SO AS TO MAKE THE PROVISIONS OF THIS SECTION APPLICABLE STATEWIDE AND PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL NOT AFFECT SHAD, HERRING, OR STURGEON; TO ADD SECTION 50-21-175 SO AS TO REQUIRE THE OPERATOR AND CREW OF ANY WATERCRAFT OPERATING IN STATE WATERS TO HEAVE TO WHEN SIGNALED OR HAILED AND TO ALLOW BOARDING, AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO REDESIGNATE SECTION 50-13-990 AS SECTION 50-21-180; AND TO REPEAL CHAPTERS 7, 17, AND 20 OF TITLE 50, AND SECTIONS 50-5-130, 50-13-190, 50-13-320, 50-13-530, 50-13-700, 50-13-735, 50-13-770, 50-13-795, 50-13-800, 50-13-805, 50-13-815, 50-19-320, AND 50-19-330 OF THE 1976 CODE; AND TO PROVIDE THAT ALL RIGHTS, DUTIES, AND LIABILITIES ACCRUING TO A PERSON PRIOR TO THE EFFECTIVE DATE OF THIS ACT ARE PRESERVED, AND THAT ALL CASES AND APPEALS ARISING OR PENDING UNDER THE LAW BEFORE THE EFFECTIVE DATE OF THIS ACT ARE SAVED.
and asks for a Committee of Conference and has appointed Senators Peeler, McGill and Ravenel of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. SHARPE, WITHERSPOON and GILHAM to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the Report of the Committee of Conference on H. 3833:
H. 3833 (Word version) -- Rep. Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-54-75 SO AS TO PROVIDE FOR ELECTRONIC COLLECTION OF REVENUES BY A STATE AGENCY PURSUANT TO A CONTRACT NEGOTIATED AND ENTERED INTO BY THE STATE TREASURER ON BEHALF OF THE AGENCY.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 704:
S. 704 (Word version) -- Senators Holland and Grooms: A BILL TO AMEND CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY BY ADDING ARTICLE 5, SO AS TO PROVIDE THAT A FORMER LAW ENFORCEMENT OFFICER OF THE DEPARTMENT OF PUBLIC SAFETY OR ANY AGENCY, OFFICE, OR UNIT TRANSFERRED TO THE DEPARTMENT PURSUANT TO GOVERNMENTAL RESTRUCTURING OR THEREAFTER, INCLUDING FORMER OR RETIRED OFFICERS MAY RECEIVE A SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE COMMISSION; TO PROVIDE THAT THE DIRECTOR SHALL DETERMINE THE POWERS AND DUTIES OF THESE CONSTABLES, INCLUDING TRAINING REQUIREMENTS AND OTHER CRITERIA; TO PROVIDE THAT INDIVIDUALS COMMISSIONED BY THE DEPARTMENT MAY RECEIVE SPECIAL DEPARTMENT OF PUBLIC SAFETY CONSTABLE IDENTIFICATION CARDS; AND TO AMEND SECTION 23-6-145, RELATING TO COMMISSIONED AND UNIFORMED OFFICERS, SO AS TO PROVIDE THAT A COMMISSIONED OR UNIFORMED OFFICER OF THE DEPARTMENT MAY MAKE TRAFFIC STOPS.
and asks for a Committee of Conference and has appointed Senators Saleeby, Ford and Hutto of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. D. SMITH, JENNINGS and MCGEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 3, 1999
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3357:
H. 3357 (Word version) -- Reps. Fleming, Wilder, Klauber and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-25-115 SO AS TO AUTHORIZE A JOINT MUNICIPAL WATER SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE CONSTRUCTION NOTES; BY ADDING SECTION 6-25-129 SO AS TO EXEMPT FROM STATE TAXES THE INCOME OF A JOINT MUNICIPAL WATER SYSTEM; BY ADDING SECTION 6-25-131 SO AS TO PROVIDE THAT NO INCOME, PROFITS, OR ASSETS OF A JOINT SYSTEM MAY INURE TO THE BENEFIT OF ANY INDIVIDUAL OR PRIVATE ENTITY; TO AMEND SECTION 6-25-20, AS AMENDED, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO DEFINE "CONSTRUCTION NOTE OR NOTES", "FINANCING AGREEMENT", "FINANCING POOL", "GOVERNMENT", AND "INTERIM FINANCING"; TO AMEND SECTION 6-25-30, RELATING TO THE CREATION OF A JOINT SYSTEM, SO AS TO AUTHORIZE THE GOVERNING BODIES OF MUNICIPALITIES TO CREATE A JOINT SYSTEM FOR THE PURPOSE OF CREATING A FINANCING POOL, AND TO LIMIT THE PURPOSES FOR WHICH A JOINT SYSTEM MAY BE CREATED; TO AMEND SECTION 6-25-40, RELATING TO THE NOTICE OF THE INSTRUMENT CREATING A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM FROM THE NOTICE PROVISIONS IF IT IS FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-50, RELATING TO THE APPOINTMENT OF A MUNICIPAL REPRESENTATIVE TO THE JOINT SYSTEM, SO AS TO ADD TO THE REQUIREMENTS OF THE APPLICATION FILED WITH THE SECRETARY OF STATE THE PURPOSE FOR THE CREATION OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-60, AS AMENDED, RELATING TO THE MANAGEMENT AND CONTROL OF THE JOINT SYSTEM, SO AS TO CLARIFY THAT EACH VOTING MEMBER OF A JOINT SYSTEM SHALL APPOINT A REPRESENTATIVE WHO MUST BE A COMMISSIONER OF THE JOINT SYSTEM AND TO AUTHORIZE THE COMMISSIONERS TO MEET BIENNIALLY, IF ITS BYLAWS PROVIDE FOR IT; TO AMEND SECTION 6-25-70, RELATING TO CHANGE IN MEMBERSHIP OF A JOINT SYSTEM, SO AS TO EXEMPT A JOINT SYSTEM ORGANIZED FOR THE PURPOSE OF CREATING A FINANCING POOL FROM FILING A CHANGE IN MEMBERSHIP WITH THE SECRETARY OF STATE; TO AMEND SECTION 6-25-80, RELATING TO THE DISSOLUTION OF A JOINT SYSTEM, SO AS TO PROVIDE THAT INCOME OWNED BY THE JOINT SYSTEM AT THE TIME OF DISSOLUTION MUST BE DISBURSED TO THE VOTING MEMBERS OF THE MEMBERS OF THE JOINT SYSTEM ACCORDING TO ITS BYLAWS; TO AMEND SECTION 6-25-100, AS AMENDED, RELATING TO POWERS OF JOINT MUNICIPAL WATER SYSTEMS, SO AS TO AUTHORIZE THE SYSTEMS TO LOAN THE PROCEEDS OF ANY BORROWING TO ANY MEMBER OF THE JOINT SYSTEM WITH PAYMENT FOR BONDS OR NOTES AUTHORIZED TO BE PAID FROM LOAN REPAYMENT OF MEMBERS, AND TO PROVIDE THAT CERTAIN POWERS ARE NOT GRANTED WHEN A JOINT SYSTEM IS ORGANIZED SOLELY FOR THE PURPOSE OF CREATING A FINANCING POOL; TO AMEND SECTION 6-25-110, AS AMENDED, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO INCUR DEBT AND ISSUE BONDS, SO AS TO AUTHORIZE A JOINT SYSTEM FORMED FOR THE PURPOSE OF CREATING A FINANCING POOL TO ISSUE NOTES IN ANTICIPATION OF THE ISSUANCE OF BONDS BY ITS MEMBERS TO THE GOVERNMENT; TO AMEND SECTION 6-25-120, AS AMENDED, RELATING TO PAYMENT OF NOTES, OBLIGATIONS, OR BONDS, SO AS TO INCLUDE CONSTRUCTION NOTES WITHIN THE LIST OF OBLIGATIONS WHICH MAY NOT BE PLEDGED AS FULL FAITH, CREDIT, OR TAXING POWER OF ANY MEMBER OF THE JOINT SYSTEM; TO AMEND SECTION 6-25-126, RELATING TO THE AUTHORIZATION OF A JOINT SYSTEM TO TEMPORARILY INVEST FUNDS PENDING DISBURSEMENTS IN SECURITIES, SO AS TO INCLUDE CONSTRUCTION NOTES IN ADDITION TO BONDS WHICH MAY BE AUTHORIZED IN THE RESOLUTION; TO AMEND SECTION 6-25-127, RELATING TO THE ENFORCEMENT OF RIGHTS OF BONDHOLDERS, SO AS TO INCLUDE HOLDERS OF CONSTRUCTION NOTES AS HAVING THOSE RIGHTS; TO AMEND SECTION 6-25-145, RELATING TO THE PROHIBITION OF CERTAIN FIDUCIARIES TO INVEST MONIES IN THEIR HANDS IN BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 25 OF TITLE 6, SO AS TO ADD A REFERENCE TO CONSTRUCTION NOTES; TO AMEND SECTION 6-25-155, RELATING TO BONDS AS INVESTMENT SECURITIES FOR PURPOSES OF CHAPTER 8 OF TITLE 36, SO AS TO ADD CONSTRUCTION NOTES TO THOSE EVIDENCES OF INDEBTEDNESS CONSIDERED INVESTMENT SECURITIES; AND TO AMEND SECTION 6-25-160, RELATING TO THE TAX-EXEMPT STATUS OF EVIDENCES OF INDEBTEDNESS ISSUED BY A JOINT SYSTEM, SO AS TO INCLUDE CONSTRUCTION NOTES, AND ADD A REFERENCE TO SECTION 12-2-50.
and asks for a Committee of Conference and has appointed Senators Peeler, Cork and Rankin of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. FLEMING, HARVIN and HARRELL to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with concurrence the following:
H. 4118 (Word version) -- Reps. Robinson, Simrill, Knotts, Haskins, McGee, Law, Allen, Allison, Altman, Barrett, Cato, Easterday, Fleming, Gourdine, Hamilton, Harvin, Inabinett, Kennedy, Lanford, Leach, Loftis, Maddox, Mason, McCraw, McKay, Meacham, Moody-Lawrence, Neilson, Phillips, Rice, Rodgers, Sandifer, Stille, Taylor, Trotter, Vaughn and Webb: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT, THE SECRETARY OF DEFENSE, AND THE CONGRESS OF THE UNITED STATES TO SUPPORT THE BERRY AMENDMENT AND "BUY AMERICAN" LAWS, WHICH REQUIRE THE DEPARTMENT OF DEFENSE TO PURCHASE GOODS, MATERIALS, AND SUPPLIES MADE IN AMERICA FOR AMERICA'S MILITARY AND DEFENSE NEEDS AND TO DEFEAT ANY MEASURE OR PROPOSAL INTRODUCED IN THE CONGRESS OF THE UNITED STATES THAT WOULD HAVE THE EFFECT OF SUSPENDING OR REPEALING THE BERRY AMENDMENT OR ALLOW THE SECRETARY OF DEFENSE TO WAIVE "BUY AMERICAN" LAWS.
H. 4083 (Word version) -- Rep. Jennings: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THE PORTION OF SOUTH CAROLINA HIGHWAY 9 ALTERNATE TRUCK ROUTE IN THE VICINITY OF THE TOWN OF CHERAW IN CHESTERFIELD COUNTY "JEAN LANEY HARRIS BOULEVARD" IN MEMORY OF OUR LATE COLLEAGUE AND FRIEND, REPRESENTATIVE JEAN LANEY HARRIS, AND TO ERECT APPROPRIATE MARKERS OR SIGNS TO THAT EFFECT.
H. 4227 (Word version) -- Reps. Breeland, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Beck, Bowers, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, Mason, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham, Miller, Moody-Lawrence, Neal, J.M. Neal, Neilson, Ott, Parks, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Stille, Stuart, Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION SALUTING THE MARYVILLE COMMUNITY IN CHARLESTON COUNTY FOR MAINTAINING AN IDENTITY AS AN AFRICAN-AMERICAN COMMUNITY FOR MANY DECADES, AND RECOGNIZING THE FORMER TOWN OF MARYVILLE AS AN AFRICAN-AMERICAN MUNICIPALITY IMPORTANT TO THE HISTORY OF SOUTH CAROLINA.
H. 4232 (Word version) -- Reps. J. Hines, Neilson and Lucas: A CONCURRENT RESOLUTION TO CONGRATULATE THE LAMAR HIGH SCHOOL "SILVER FOXES" BOYS TRACK TEAM ON WINNING THE CLASS A BOYS STATE TRACK AND FIELD CHAMPIONSHIP FOR 1999.
H. 4238 (Word version) -- Reps. Robinson and Rice: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HONORABLE WILLIAM A. "BILL" CARR, UPON LEARNING HE WILL NOT OFFER FOR REELECTION AFTER SIXTEEN YEARS OF CONTINUOUS SERVICE AS THE LONGEST-SERVING MAYOR OF THE CITY OF EASLEY, SOUTH CAROLINA, AND TO WISH HIM THE VERY BEST IN ALL HIS FUTURE ENDEAVORS ON THE OCCASION OF HIS RETIREMENT.
H. 4243 (Word version) -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING AND THANKING HENRY BURCHELL RICKENBAKER FOR HIS THIRTEEN YEARS OF EXEMPLARY AND DISTINGUISHED SERVICE ON THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, KNOWN AS SANTEE COOPER.
At 5:00 P. M. the House, in accordance with H. 4237, the Sine Die Adjournment Resolution, adjourned in memory of Representative Rudolph Marion "Rudy" Mason, to meet at 12:00 Noon in Statewide Session on Tuesday, June 22.
This web page was last updated on Friday, June 26, 2009 at 9:28 A.M.