Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. ALLEN as follows:
Almighty God, we come into Your presence boldly, Lord, for You have promised to hear us when we pray and to answer us when we call. Give us, then, enough light for each next step, enough faith for this day's duties, enough endurance to await Your blessings upon every worthwhile endeavor. When our problems seem insurmountable, when our fairest dreams seem to sink into the sands of futility, may we labor on, confident and certain, knowing that when we are co-workers with God that joyous victory will inevitably come. So give us the wisdom of Solomon, the courage of David and the patience of Job. Be with us, then, with Your wisdom and strength. 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. D. C. SMITH moved that when the House adjourns, it adjourn in memory of John Duane of North Augusta, which was agreed to.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 248 (Word version) -- Senators Martin, Leventis, Gregory, Branton and Alexander: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WILDLIFE MANAGEMENT AREAS, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF WILDLIFE MANAGEMENT AREAS AND LAND OWNED BY THE DEPARTMENT INCLUDING, BUT NOT LIMITED TO, HIKING, ROCK CLIMBING, OPERATION OF MOTORIZED AND NONMOTORIZED VEHICLES, SWIMMING, CAMPING, HORSE RIDING, OPERATION OF BOATS, POSSESSION OF PETS, AND GATHERING PLANTS, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THIS SECTION.
Ordered for consideration tomorrow.
Rep. SHARPE, from the Committee on Agriculture, Natural Resources and Environmental Affairs, submitted a favorable report with amendments on:
S. 87 (Word version) -- Senators Ravenel, Branton, Passailaigue, McGill, Mescher and Elliott: A BILL TO AMEND ARTICLE 5, CHAPTER 23, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-443 SO AS TO PROHIBIT SHOOTING A WEAPON, ARCHERY EQUIPMENT, OR OTHER DEVICE THAT SHOOTS OR HURLS A PROJECTILE INTO OR ACROSS PRIVATE PROPERTY WITHOUT THE OWNER'S PERMISSION, TO PROVIDE FOR THE MANNER IN WHICH LAW ENFORCEMENT OFFICERS MAY CHARGE A PERSON FOR A VIOLATION, AND TO PROVIDE EXCEPTIONS AND PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 63 (Word version) -- Senators Mescher, Grooms, Richardson, McGill, Elliott, Reese and Branton: A BILL TO AMEND SECTION 7-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING FEES FOR PARTY PRIMARIES, SO AS TO PROVIDE THAT THE COUNTY POLITICAL PARTY MAY RETAIN TEN PERCENT OF THE FILING FEES PAID BY CANDIDATES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
S. 327 (Word version) -- Senators Thomas and Hutto: A BILL TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.
Ordered for consideration tomorrow.
The following was introduced:
H. 4140 (Word version) -- Reps. Talley and Sinclair: A HOUSE RESOLUTION TO COMMEND AND CONGRATULATE THE DORMAN HIGH SCHOOL VARSITY BOYS' SOCCER TEAM OF SPARTANBURG FOR WINNING THE 2001 CLASS AAAA STATE CHAMPIONSHIP ON SATURDAY, MAY 12, 2001, AND TO WISH THEM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Resolution was adopted.
The following was introduced:
H. 4141 (Word version) -- Reps. Scarborough, Altman, Breeland, R. Brown, Campsen, Chellis, Dantzler, Harrell, Limehouse, Mack, Whatley and Whipper: A CONCURRENT RESOLUTION TO RECOGNIZE RUFUS CALVIN BARKLEY, JR.'S, LIFE AND HIS OUTSTANDING ACHIEVEMENTS AND GENEROUS CONTRIBUTIONS, LEADERSHIP, AND SERVICE TO THE CITY OF CHARLESTON AND TO EXTEND THE DEEPEST SYMPATHY AND SINCERE CONDOLENCES OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. BARKLEY'S WONDERFUL FAMILY AND IMMEASURABLE NUMBER OF FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 686 (Word version) -- Senators J. V. Smith, Alexander, Anderson, Bauer, Branton, Courson, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Holland, Hutto, Jackson, Land, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Saleeby, Setzler, Short, Thomas, Verdin, Waldrep and Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SINCERE CONGRATULATIONS AND GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE HIGHLY ESTEEMED DR. VIRGINIA ULDRICK, OF GREENVILLE, ON THE OCCASION OF COMPLETING HER FIFTIETH YEAR OF PUBLIC SERVICE IN ARTS EDUCATION IN THE PALMETTO STATE AND WISHING HER MANY MORE YEARS OF DEVELOPING INNOVATIVE CONCEPTS AND PROGRAMS IN THE ARTS, HUMANITIES, AND OTHER ACADEMIC STUDIES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4142 (Word version) -- Rep. Cotty: A BILL TO AMEND SECTION 1-11-720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTITIES WHOSE EMPLOYEES AND RETIREES ARE ELIGIBLE FOR STATE HEALTH AND DENTAL INSURANCE AND REQUIREMENTS FOR ELIGIBILITY, SO AS TO INCLUDE REGIONAL EMERGENCY MEDICAL SERVICES COUNCILS/MANAGEMENT ASSOCIATIONS FUNDED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
Referred to Committee on Ways and Means
H. 4143 (Word version) -- Reps. A. Young, Knotts, Whatley, Kennedy, Meacham-Richardson and Kirsh: A JOINT RESOLUTION TO POSTPONE THE COMPULSORY TESTIMONY REQUIREMENTS OF SECTION 56-5-2934 OF THE 1976 CODE, RELATING TO THE "ILLEGAL PER SE" LAW UNTIL THE EARLIER OF ADEQUATE FUNDING OF THE PROGRAM BY THE GENERAL ASSEMBLY OR JUNE 30, 2003.
On motion of Rep. A. YOUNG, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4144 (Word version) -- Reps. Tripp and Townsend: A BILL TO INCLUDE WITHIN ANDERSON SCHOOL DISTRICT NO. 2 IN ANDERSON COUNTY A CERTAIN AREA OF GREENVILLE COUNTY.
On motion of Rep. TRIPP, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4145 (Word version) -- Reps. Walker and Littlejohn: A JOINT RESOLUTION TO PROVIDE THAT THE DEPARTMENT OF EDUCATION BEGINNING JULY 1, 2002, BY REGULATION SHALL RESUME THE CERTIFICATION OF SCHOOL SOCIAL WORKERS.
Referred to Committee on Education and Public Works
H. 4146 (Word version) -- Reps. Sinclair, Allison, Delleney, Lee, Littlejohn and Walker: A JOINT RESOLUTION TO AUTHORIZE THE STATE BUDGET AND CONTROL BOARD EFFECTIVE JULY 1, 2001, TO TRANSFER OWNERSHIP OF A SURPLUS NATIONAL GUARD ARMORY IN WOODRUFF, SOUTH CAROLINA, TO THE CITY OF WOODRUFF.
On motion of Rep. SINCLAIR, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 627 (Word version) -- Senator Saleeby: A BILL TO PROVIDE FOR THE BUDGET AND TAX LEVIES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR, AND TO PROVIDE FOR THE MANNER OF ELECTION OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT FOUR; AND TO PROVIDE THAT FLORENCE COUNTY SCHOOL DISTRICT FOUR IS EXEMPTED FROM THE REQUIREMENTS OF ACT 806 OF 1952, AS AMENDED, RELATING TO THE ELECTION OF SCHOOL BOARD TRUSTEES, BUDGETS, AND APPROVAL OF TAX LEVIES.
Referred to Florence Delegation
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Gourdine Govan Hamilton Harrell Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Quinn Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Stuart Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Thursday, May 17.
Scott Talley David Owens Harry Askins Creighton Coleman Fletcher Smith Todd Rutherford Alex Harvin Bill Cotty
LEAVE OF ABSENCE
The SPEAKER granted Rep. W. D. SMITH a leave of absence for the day.
Announcement was made that Dr. Timothy Shannon of Aiken is the Doctor of the Day for the General Assembly.
Reps. COATES and SANDIFER presented to the House Command Sergeant Major A. Frank Lever III, the first South Carolinian to serve as Command Sergeant Major of the National Guard Bureau.
Reps. J. YOUNG, G. M. SMITH and HARVIN presented to the House the Wilson Hall Barons, winners of the South Carolina Independent Schools Athletic Association Class 3-A Golf Title.
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. 3383 (Word version)
Date: ADD:
05/17/01 WHITE
Bill Number: H. 3948 (Word version)
Date: ADD:
05/17/01 MCLEOD
Bill Number: H. 3462 (Word version)
Date: REMOVE:
05/17/01 DANTZLER
Bill Number: H. 3462 (Word version)
Date: REMOVE:
05/17/01 LAW
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 4121 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT MEMBERS OF THE CALHOUN COUNTY TRANSPORTATION COMMITTEE, IN PERFORMANCE OF THEIR DUTIES, BE PAID FIFTY DOLLARS FOR EACH MEETING A MEMBER ATTENDS.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Thursday, May 31, which was adopted:
H. 3385 (Word version) -- Reps. Townsend and Stille: A BILL TO PROVIDE FOR THE AUTHORITY OF THE ANDERSON COUNTY BOARD OF EDUCATION IN REGARD TO SCHOOL BUDGETARY MATTERS INCLUDING THE AUTHORITY TO PROVIDE THAT UP TO TWO MILLS OF COUNTYWIDE AD VALOREM PROPERTY TAX LEVIES FOR SCHOOL OPERATIONS BE DISTRIBUTED TO DISTRICTS MEETING CERTAIN CRITERIA ESTABLISHED BY THE BOARD.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4133 (Word version) -- Reps. McGee and Coates: A BILL TO REVISE THE MANNER IN WHICH MEMBERS OF THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT 1 ARE ELECTED BEGINNING WITH THE 2002 ELECTION, TO FURTHER PROVIDE FOR THEIR TERMS OF OFFICE, AND THE FILLING OF VACANCIES; AND TO AMEND ACT 239 OF 1981, RELATING TO THE BOARD OF TRUSTEES OF FLORENCE COUNTY SCHOOL DISTRICT 1, AND THE BUDGET OF THE DISTRICT, SO AS TO REVISE THE MANNER IN WHICH ANNUAL SCHOOL MILLAGE ABOVE A CERTAIN AMOUNT MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICT AND TO DELETE PROVISIONS RELATING TO THE ELECTION OF MEMBERS OF THE BOARD WHICH ARE INCONSISTENT WITH THE ABOVE PROVISIONS.
S. 316 (Word version) -- Senators Peeler, Hayes, Ryberg, Wilson and McGill: A BILL TO AMEND SECTION 2-48-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO CONTRACT FOR HOUSING AND CARE OF INMATES UNDER THE COMMUNITY CORRECTIONS INCENTIVE ACT, SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT TO HAVE CONSTRUCTED OR FUND ALL OR A PORTION OF THE CONSTRUCTION COSTS ASSOCIATED WITH CERTAIN FACILITIES IF FUNDS ARE APPROPRIATED; SECTION 2-48-30, RELATING TO THE LOCAL GOVERNMENT ENTITY PROVIDING LAND FOR A COMMUNITY CORRECTIONAL FACILITY, SO AS TO AUTHORIZE THE DEPARTMENT TO CONTRACT FOR THE CONSTRUCTION OF THESE FACILITIES AND TO CONTRACT WITH LOCAL GOVERNMENTS TO FUND CERTAIN CONSTRUCTION COSTS ASSOCIATED WITH A COMMUNITY CORRECTIONAL FACILITY UNDER CERTAIN CONDITIONS; SECTION 2-48-60, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT MUST CONTRACT WITH A LOCAL ENTITY BEFORE CONSTRUCTING A COMMUNITY CORRECTIONAL FACILITY, SO AS TO MAKE REIMBURSEMENT TO A LOCAL ENTITY OPTIONAL INSTEAD OF MANDATORY FOR THE COST OF CARING FOR EACH STATE INMATE AS PROVIDED BY CONTRACT; AND SECTION 24-3-30, AS AMENDED, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO ADD MUNICIPAL AND REGIONAL DETENTION FACILITIES TO COUNTY FACILITIES AS LOCATIONS WHERE THESE PRISONERS MAY BE DESIGNATED TO BE CONFINED.
Rep. MCGEE explained the Bill.
S. 356 (Word version) -- Senators McGill, Ravenel and Land: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE BLACK RIVER AS A SCENIC RIVER.
Rep. OTT explained the Bill.
H. 3383 (Word version) -- Reps. Coates, Allison, Barfield, Barrett, Battle, Bingham, Bowers, Harvin, Hayes, J. Hines, Koon, Lucas, McGee, Owens, Sandifer, Scarborough, Sharpe, Sheheen, Sinclair, G. M. Smith, J. R. Smith, Talley, Thompson, Walker, Weeks, Witherspoon and White: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS GENERALLY INCLUDING THE EXEMPTION FOR THE SALE OF NATURAL GAS, LP GAS, AND ELECTRICITY TO PRODUCE CERTAIN AGRICULTURAL PRODUCTS OR ANIMALS SO AS TO PROVIDE THAT SUCH EXEMPTION ALSO INCLUDES THE SALE OF PROPANE GAS FOR THIS PURPOSE AND TO PROVIDE THAT THE SALE OF THESE GASES OR ELECTRICITY TO PRODUCE AGRICULTURAL PLANTS IN GREENHOUSES THAT WILL SUBSEQUENTLY BE REPLANTED IS ALSO EXEMPT FROM THE SALES TAX.
Rep. VAUGHN explained the Bill.
H. 3817 (Word version) -- Reps. J. Brown, Bales, Hayes, Limehouse, Mack and Rhoad: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-33-980 SO AS TO AUTHORIZE LICENSED NURSES TO TRAIN AND SUPERVISE SELECTED UNLICENSED PERSONS TO PROVIDE ORAL AND TOPICAL MEDICATIONS, REGULARLY SCHEDULED INSULIN, AND PRESCRIBED ANAPHYLACTIC TREATMENTS IN COMMUNITY RESIDENTIAL CARE FACILITIES.
Rep. PARKS explained the Bill.
S. 567 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF NURSING, RELATING TO STANDARDS FOR AUTHORIZED PRESCRIPTIONS BY THE NURSE PRACTITIONER WITH PRESCRIPTIVE AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2577, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.
S. 568 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS (REPEAL), DESIGNATED AS REGULATION DOCUMENT NUMBER 2605, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PARKS explained the Joint Resolution.
S. 343 (Word version) -- Senator Hayes: A BILL TO AMEND CHAPTER 47, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICIANS, SURGEONS, AND OSTEOPATHS BY ADDING ARTICLE 9 SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, TO ESTABLISH AN ANESTHESIOLOGIST'S ASSISTANT ADVISORY COMMITTEE TO THE BOARD OF MEDICAL EXAMINERS, TO PROVIDE FOR THE POWERS AND DUTIES OF BOTH WITH REGARD TO ANESTHESIOLOGIST'S ASSISTANTS, TO DEFINE THE ROLE AND RESPONSIBILITIES OF A SUPERVISORY PHYSICIAN FOR AN ANESTHESIOLOGIST'S ASSISTANT, TO PROVIDE GENERAL PRACTICE PARAMETERS AND PROCEDURES FOR ESTABLISHING SCOPE OF PRACTICE PROTOCOLS, TO FURTHER PROVIDE FOR THE REGULATION OF ANESTHESIOLOGIST'S ASSISTANTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. PARKS explained the Bill.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that H. 4133 be read the third time tomorrow.
On motion of Rep. MCGEE, with unanimous consent, it was ordered that S. 316 be read the third time tomorrow.
On motion of Rep. SNOW, with unanimous consent, it was ordered that S. 356 be read the third time tomorrow.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3383 be read the third time tomorrow.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that H. 3817 be read the third time tomorrow.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that S. 567 be read the third time tomorrow.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that S. 568 be read the third time tomorrow.
On motion of Rep. J. BROWN, with unanimous consent, it was ordered that S. 343 be read the third time tomorrow.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 315 (Word version) -- Senator Thomas: A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
The following Bill was taken up:
H. 3968 (Word version) -- Reps. J. Brown, Townsend, W. D. Smith, Sandifer, McGee, Robinson, Barrett, Hayes, Simrill, Gourdine, Scott, Cotty, J. E. Smith, Cato, Whipper, Tripp, Coates, Kennedy, Allison, J. H. Neal, Howard, Hosey, Knotts, G. M. Smith, McCraw, Law, Koon, Whatley, Cooper, Bales, Leach, Allen, Altman, Barfield, Battle, Bingham, Bowers, Breeland, R. Brown, Campsen, Chellis, Clyburn, Coleman, Dantzler, Davenport, Delleney, Edge, Emory, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harrison, Harvin, J. Hines, M. Hines, Huggins, Kelley, Kirsh, Klauber, Lee, Limehouse, Littlejohn, Lloyd, Lourie, Mack, Martin, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sinclair, F. N. Smith, Snow, Stille, Taylor, Vaughn, Walker, Webb, White, Wilder, Witherspoon and A. Young: A BILL TO AMEND CHAPTER 39, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "DIABETES INITIATIVE OF SOUTH CAROLINA ACT", BY ADDING ARTICLE 2, SO AS TO ENACT THE "DIABETES SCHOOL CARE ACT", TO REQUIRE THE PRINCIPAL AT EACH PUBLIC SCHOOL TO DESIGNATE THREE EMPLOYEES TO BE DIABETES CARE PROVIDERS, TO ALSO AUTHORIZE AS EMPLOYEES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL ASSIGNED TO A SCHOOL AND SUBCONTRACTORS TO BE DIABETES CARE PROVIDERS, TO PROVIDE FOR THE TRAINING OF THESE CARE PROVIDERS, TO ESTABLISH THE RESPONSIBILITIES AND THE SCOPE OF AUTHORITY FOR A DIABETES CARE PROVIDER, TO ALLOW A STUDENT WITH DIABETES TO PERFORM GLUCOSE TESTS, ADMINISTER INSULIN, AND TO ATTEND TO THE CARE AND MANAGEMENT OF HIS OR HER DIABETES AND TO POSSESS NECESSARY SUPPLIES AND EQUIPMENT TO CONDUCT THESE FUNCTIONS, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MAKE INFORMATION AND TRAINING MATERIALS AVAILABLE TO PRIVATE SCHOOLS, AND TO PROVIDE THAT A DIABETES CARE PROVIDER ACTING IN ACCORDANCE WITH THIS ARTICLE IS IMMUNE FROM CIVIL AND CRIMINAL LIABILITY AND IS NOT PRACTICING NURSING AND IS EXEMPT FROM ALL APPLICABLE STATUTORY AND REGULATORY PROVISIONS THAT RESTRICT WHAT ACTIVITIES MAY BE DELEGATED TO A PERSON WHO IS NOT A LICENSED MEDICAL PROFESSIONAL; AND TO DESIGNATE SECTIONS 44-39-10 THROUGH 44-39-50 AS ARTICLE 1, CHAPTER 39, TITLE 44 ENTITLED "DIABETES INITIATIVE OF SOUTH CAROLINA" AND TO RENAME CHAPTER 39, TITLE 44 AS "DIABETES".
Rep. LITTLEJOHN spoke against the Bill.
The Bill was read the third time and ordered sent to the Senate by a division vote of 74 to 2.
The following Bill was taken up:
S. 41 (Word version) -- Senators Leventis and Reese: A BILL TO AMEND SECTION 40-79-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE RESPONSIBILITIES OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION CONCERNING REGULATING THE BURGLAR ALARM SYSTEM INDUSTRY, SO AS TO PROVIDE THAT CERTAIN LICENSURE FEES INCLUDE A PRIMARY QUALIFYING PARTY CERTIFICATE; TO AMEND SECTIONS 40-79-110 AND 40-79-130, BOTH AS AMENDED, BOTH RELATING TO DISCIPLINARY ACTION AGAINST A BURGLAR ALARM SYSTEM LICENSEE, SO AS TO CLARIFY THE SCOPE OF AUTHORITY OF A LICENSEE AFTER CANCELLATION OF HIS LICENSE; TO AMEND SECTION 40-79-220 RELATING TO BURGLAR ALARM SYSTEM BRANCH OFFICES AND REGISTERED EMPLOYEE REQUIREMENTS, SO AS TO PROVIDE THAT A BRANCH OFFICE MAY NOT CONDUCT BUSINESS UNTIL A LICENSE NUMBER HAS BEEN ISSUED, TO REQUIRE AN EMPLOYEE TO BE REGISTERED BY THE DEPARTMENT TO HAVE ACCESS TO CLIENT RECORDS, AND TO REQUIRE REGISTRATION CANCELLATION UPON TERMINATION OF EMPLOYMENT; AND TO AMEND SECTION 40-79-240 RELATING TO LICENSE RENEWAL, SO AS TO MAKE TECHNICAL CORRECTIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11669AC01):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. Section 40-79-230 of the 1976 Code, as added by Act 367 of 2000, is amended to read:
"Section 40-79-230. (A) An entity desiring to carry on or engage in an alarm system business shall submit an application to the Department of Labor, Licensing and Regulation. The owner, partners, or president, as appropriate, must sign the application. The primary qualifying party must also sign the application.
(B) To qualify for a license, the applicant must:
(1) submit a completed application as prescribed by the board;
(2) satisfy the examination requirements prescribed by the board;
(3) have a certificate of completion from the National Training School for Level I training or NICET II training course;
(4) submit proof that the applicant's primary qualifying party is a full-time employee in a management position;
(4) (5) submit a criminal background check of the entity's principal officers, all qualifying parties, and registered employees. The background check must indicate that these individuals are at least eighteen years of age and have not been convicted of any criminal act or committed any acts which are grounds for the denial of a license under this chapter;
(5) (6) submit all documentation required by the department pursuant to the requirements of this chapter;
(6) (7) pay all fees;
(7) (8) the applicant must submit a list of all qualifying parties, registered employees, and branch offices in order to be licensed by the department;
(8) (9) upon the cancellation of an alarm license, the licensee must complete an initial application, pay the appropriate fees, and be issued a new license number; and
(9)(10) the department may provide for an alarm system business license that permits the holder to participate in the burglar alarm system or fire alarm system business, or both." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 390 (Word version) -- Senator Reese: A BILL TO ENACT THE "SOUTH CAROLINA FIREFIGHTERS EMPLOYMENT AND REGISTRATION ACT" INCLUDING PROVISIONS TO AMEND TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 80, RELATING TO FIREFIGHTER EMPLOYMENT AND REGISTRATION, SO AS TO PROVIDE DEFINITIONS IN REGARD TO FIREFIGHTER REGISTRATION, TO REQUIRE CRIMINAL RECORDS CHECKS ON FIREFIGHTERS EMPLOYED IN THIS STATE ON OR AFTER JULY 1, 2001, TO REQUIRE REGISTRATION OF FIREFIGHTERS WITH THE OFFICE OF THE STATE FIRE MARSHAL, TO REQUIRE THE STATE FIRE MARSHAL ASSIGN REGISTRATION NUMBERS TO AND MAINTAIN CERTAIN RECORDS ON REGISTERED FIREFIGHTERS, TO PROVIDE THAT EXCEPT FOR A FIREFIGHTER EMPLOYED BY THE UNITED STATES GOVERNMENT, NO PERSON SHALL BE ALLOWED TO PERFORM FIREFIGHTING DUTIES IN THIS STATE ON OR AFTER JULY 1, 2001, WITH A PUBLIC FIRE DEPARTMENT OR EMPLOYER WITHOUT BEING REGISTERED AS A FIREFIGHTER, TO REQUIRE THE STATE FIRE MARSHAL REGISTER EACH FIREFIGHTER AND MAINTAIN CERTAIN INFORMATION AND RECORDS ON EACH FIREFIGHTER, TO REQUIRE FIRE DEPARTMENTS AND EMPLOYERS OF FIREFIGHTERS TO NOTIFY THE STATE FIRE MARSHAL OF THE SEPARATION OF A FIREFIGHTER FROM EMPLOYMENT, AND TO PROVIDE FOR WRITTEN WARNINGS AND CIVIL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Rep. COBB-HUNTER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 488 (Word version) -- Senator Ryberg: A BILL TO AMEND SECTION 16-23-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE APPLICATION OF PROVISIONS REGARDING OFFENSES INVOLVING WEAPONS, SO AS TO PROVIDE THAT THESE PROVISIONS DO NOT APPLY TO A PERSON AUTHORIZED TO POSSESS CERTAIN WEAPONS BY THE UNITED STATES DEPARTMENT OF THE TREASURY, THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, OR ANY OTHER FEDERAL AGENCY EMPOWERED TO GRANT THIS AUTHORIZATION.
Rep. DELLENEY explained the Bill.
Rep. GOURDINE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 576 (Word version) -- Senators Bauer, Ravenel, Grooms, McGill, Branton, Elliott, Peeler, Giese, Leventis, Mescher, McConnell, Short, Courson, Leatherman, Setzler, Wilson, Holland, Ryberg, Reese, Martin, Verdin, Gregory, Thomas, Ritchie, Richardson and Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO ADD AN ADDITIONAL FELONY PENALTY WHEN A PERSON WEARS BODY ARMOR WHEN COMMITTING A CRIME INVOLVING A VIOLENT ACT OR A THREAT OF A VIOLENT ACT AND TO PROVIDE EXCEPTIONS; AND BY ADDING SECTION 16-3-1085 SO AS TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME TO PURCHASE, OWN, POSSESS, OR USE BODY ARMOR, TO PRESCRIBE PROCEDURES FOR GAINING AN EXCEPTION FROM THE CHIEF OF POLICE OR COUNTY SHERIFF, TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO ISSUE BODY ARMOR TO A PERSON IN CUSTODY OR TO A WITNESS; AND TO PROVIDE PENALTIES.
Rep. DELLENEY explained the Bill.
Rep. WEEKS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 441 (Word version) -- Senators Martin, Giese, Wilson, Richardson, Leventis, Alexander and Branton: A BILL TO AMEND SECTION 7-13-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL MANAGERS AND THEIR ASSISTANTS, SO AS TO PROVIDE THAT ONE SIXTEEN- OR SEVENTEEN-YEAR-OLD ASSISTANT POLL MANAGER MAY BE APPOINTED FOR EVERY TWO REGULAR POLL MANAGERS APPOINTED TO WORK IN A PRECINCT.
Rep. PERRY made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 459 (Word version) -- Senator Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-470 SO AS TO AUTHORIZE A COUNTY BOARD OF REGISTRATION TO USE OTHER MEANS OF VOTING ABSENTEE INSTEAD OF BY PAPER BALLOT IF CERTIFIED BY THE STATE ELECTION COMMISSION AND TO AUTHORIZE THE COMMISSION TO ESTABLISH STANDARDS AND GUIDELINES TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
Rep. FLEMING explained the Bill.
Rep. QUINN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 147 (Word version) -- Senators Hawkins, Waldrep and Ritchie: A BILL TO AMEND SECTION 48-1-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE POLLUTION CONTROL ACT, SO AS TO PROVIDE THAT SUCH PENALTIES ARE FOR GROSS NEGLIGENCE OR RECKLESSNESS RATHER THAN SIMPLE NEGLIGENCE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\ 11736AC01):
Amend the bill, as and if amended, Section 48-1-320 by adding at the end:
/ For purposes of this section 'gross negligence' means the intentional, conscious failure to do something which a person ought to do or doing of something intentionally a person ought not to do or where a person is so indifferent to the consequences of his or her conduct as not to give slight care to what he or she is doing. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCARBOROUGH explained the amendment.
Rep. MCLEOD made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
S. 249 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-24 SO AS TO PROHIBIT THE HUNTING OF MIGRATORY WATERFOWL IN THE GILLS CREEK WATERSHED IN LANCASTER COUNTY WITHIN THREE HUNDRED YARDS OF A DWELLING WITHOUT THE WRITTEN PERMISSION OF THE OWNER OR OCCUPANT AND PROVIDE PENALTIES FOR VIOLATION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5479DJC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 50-11-24. It is unlawful to hunt migratory waterfowl in the Gills Creek watershed in Lancaster County within two hundred yards of a dwelling without written permission of the owner or occupant. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. OTT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. OTT, with unanimous consent, it was ordered that S. 249 be read the third time tomorrow.
The following Bill was taken up:
S. 219 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 11-9-660, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE BY THE STATE TREASURER, SO AS TO AUTHORIZE INVESTMENTS IN CORPORATIONS AND IN STATES AND POLITICAL SUBDIVISIONS OUTSIDE OF SOUTH CAROLINA SO LONG AS THE OBLIGATIONS ARE DENOMINATED IN UNITED STATES DOLLARS, TO MODIFY THE INVESTMENT GRADE RATING REQUIREMENT FOR INVESTMENT IN OBLIGATIONS, TO PROVIDE FOR INVESTMENT IN CERTAIN GUARANTEED INVESTMENT CONTRACTS ISSUED BY A DOMESTIC OR FOREIGN INSURANCE COMPANY OR OTHER FINANCIAL INSTITUTION, AND TO AUTHORIZE THE STATE TREASURER TO CONTRACT TO LEND INVESTED SECURITIES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\ 20652SD01), which was adopted:
Amend the bill, as and if amended, in Section 11-9-660 of the 1976 Code, as contained in SECTION 1, by adding a new subsection (C) to read:
/(C) The State Treasurer shall not invest in obligations issued by any country or corporation principally located in any country which the United States Department of State determines commits major human rights violations based on the Country Reports on Human Rights Practices by the Bureau of Democracy, Human Rights and Labor of the U. S. Department of State. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. R. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. R. SMITH, with unanimous consent, it was ordered that S. 219 be read the third time tomorrow.
The following Bill was taken up:
H. 3948 (Word version) -- Reps. Campsen, Loftis, Cotty, Tripp, Limehouse, Lourie, Altman, Cato, Chellis, Easterday, Hamilton, Harrell, Leach, Lucas, Ott, Rice, Robinson, Scarborough, D. C. Smith, Stille, Townsend and McLeod: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 2 SO AS TO CREATE THE SOUTH CAROLINA COLLEGE INVESTMENT ACCOUNT (SCCIA) PROGRAM TO ESTABLISH A COLLEGE INVESTMENT PLAN FOR QUALIFIED HIGHER EDUCATIONAL EXPENSES; TO PROVIDE THAT THE OFFICE OF STATE TREASURER SHALL MANAGE THE SCCIA PROGRAM, TO PROVIDE FOR THE MANNER IN WHICH THE PROGRAM SHALL OPERATE; TO PROVIDE FOR AND DEFINE SAVINGS TRUST AGREEMENTS; TO PROVIDE THAT CONTRIBUTIONS TO A SAVINGS TRUST AGREEMENT ARE DEDUCTIBLE FROM SOUTH CAROLINA INCOME SUBJECT TO TAX UP TO SPECIFIED LIMITS; AND PROVIDE FOR RELATED MATTERS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20670SD01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-2-10. This chapter shall be known and may be cited as 'South Carolina College Investment Program', hereinafter referred to as SCCIP.
Section 59-2-20. The General Assembly finds and declares as follows:
(1) Education costs at institutions of higher learning are difficult for many to afford and difficult to predict. As a result, the ability of individuals and families to plan for future educational expenses has been adversely affected.
(2) It is in the best interest of the citizens of this State to foster higher education in order to provide well-educated citizens.
(3) It is in the best interest of the citizens of this State to encourage state residents to enroll in institutions of higher learning.
(4) Providing a mechanism to help assure the higher education of the citizens of this State is necessary and desirable for the public health, safety, and welfare.
(5) The purposes of this chapter are to:
(a) provide wide and affordable access to the public institutions of higher learning for the residents of this State;
(b) encourage attendance at institutions of higher learning and help individuals plan for educational expenses;
(c) provide a program of investment trust agreements to apply distributions toward qualified higher education expenses at eligible educational institutions; as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law;
(d) provide for the creation of a trust fund, as an instrumentality of the State of South Carolina, to assist qualified students in financing costs of attending institutions of higher education;
(e) encourage timely financial planning for higher education by the creation of investment trust accounts;
(f) provide a choice of programs to persons who determine that the overall educational needs of their families are best suited to a prepaid tuition contract under the South Carolina Tuition Prepayment Program, or an investment trust agreement under this chapter, or both;
(g) provide a investment program for those who wish to save to meet postsecondary educational needs beyond the traditional baccalaureate curriculum.
Section 59-2-30. The following terms have the meanings below unless the context clearly indicates otherwise:
(1) 'SCCIP Trust Fund' means the special fund designated as the 'South Carolina College Investment Trust Fund' and administered by the Office of State Treasurer.
(2) 'Account owner' means a person, corporation, trust, charitable organization or other such entity who contributes to or invests money in a investment trust account under SCCIP established pursuant to this chapter on behalf of a beneficiary and who is listed as the owner of the investment trust account.
(3) 'Beneficiary' means a beneficiary of a investment trust agreement who meets the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, as well as any regulations established by the Office of State Treasurer.
(4) 'Contributor' means any person, corporation, trust charitable organization or other such entity who contributes money or makes a payment to an investment trust account established pursuant to this chapter on behalf of a beneficiary.
(5) 'Director' means the head of the South Carolina Tuition Prepayment Program SCCIP and who is appointed and supervised by the State Treasurer.
(6) 'Institution of higher learning' means any institution of higher learning which is an eligible education institution as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or any other applicable federal law.
(7) 'Tuition' means the quarter, semester, or term charges and all required fees imposed by an institution of higher learning as a condition of enrollment by all students.
(8) 'Investment trust account' means an account established by an account owner pursuant to this chapter on behalf of a beneficiary in order to apply distributions from the account toward qualified higher education expenses at eligible educational institutions, as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.
(9) 'Investment Trust Agreement' means the agreement entered into between the Office of State Treasurer and the account owner establishing an investment trust account.
(10) 'State Treasurer' means the South Carolina State Treasurer.
(11) 'Qualified higher education expense' means any higher education expense as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law.
(12) 'Qualified Withdrawal' means a withdrawal by an account owner or beneficiary for qualified higher education expenses or as otherwise permitted under Section 529 of the Internal Revenue Code of 1986, as amended, without a penalty required by the section.
Section 59-2-40. The Office of State Treasurer shall have responsibility over both the SCCIP and the South Carolina Tuition Prepayment Program (SCTPP) established under Chapter 4 of this title.
Section 59-2-50. In addition to the powers granted by any other provision of this chapter, the Office of State Treasurer shall have the powers necessary to carry out the purposes and provisions of this chapter and the purposes and objectives of the trust fund including, but not limited to, the following:
(1) adopt those regulations as are necessary to implement the provisions of this chapter, subject to applicable federal laws and regulations, including regulations regarding transfers of funds between accounts established under prepaid tuition contracts and investment trust agreements;
(2) execute contracts and other necessary instruments;
(3) impose reasonable limits on the number of contract participants in the trust fund at any given period of time;
(4) contract for necessary goods and services, to employ necessary personnel, and to engage the services of consultants and other qualified persons and entities for administrative and technical assistance in carrying out the responsibilities of the trust funds under terms and conditions that the State Treasurer deems reasonable, to include contract terms for periods of up to ten years which contract may be terminated, extended, or renewed with these entities for a term determined by the State Treasurer, but in no event shall such contract exceed a term of ten years at any one time;
(5) solicit and accept gifts, as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, as well as any regulations established by the Office of State Treasurer, and to participate in any other way in any federal, state, or local governmental programs in carrying out the purposes of this chapter;
(6) define the terms and conditions under which payments may be withdrawn or refunded from the trust fund and impose reasonable charges for such withdrawal or refund;
(7) impose reasonable time limits on the use of investment trust account distributions provided by the program;
(8) regulate the receipt of contributions or payments to the trust fund;
(9) establish agreements or other transactions with federal, state, and local agencies, including state institutions of higher learning;
(10) segregate contributions and payments to the fund into various accounts and funds;
(11) require and collect administrative fees and impose reasonable penalties, not to exceed the minimum penalties required under Section 529 of the Internal Revenue Code of 1986, as amended, for withdrawal of funds for nonqualified higher educational expenses or for entering into a investment trust agreement on a fraudulent basis;
(12) require that account owners of investment trust agreements verify, under oath, any requests for contract conversions, substitutions, transfers, cancellations, or refund requests;
(13) solicit proposals and contract for the marketing of SCCIP, provided that any materials produced by a marketing contractor for the purpose of marketing the program must be approved by the State Treasurer prior to being made available to the public, and neither the State nor the Office of State Treasurer shall be liable for misrepresentation of the program by a marketing contractor;
(14) delegate responsibility for administration of the comprehensive investment plan to contractors or consultants the State Treasurer determines to be qualified;
(15) create as a part of the comprehensive investment plan various age-based investment options for the contributor to choose among and to transfer qualified college investment account assets among these options, within the limitation of Section 529 of the Internal Revenue Code of 1986, as amended, if the investment options meet the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, and neither a contributor nor beneficiary is directly or indirectly directing the investment of any contribution to the program;
(16) establish procedures to allow for transfer of funds from an existing South Carolina Tuition Prepayment Program account or any other college investment account as allowable under Section 529 of the Internal Revenue Code of 1986, as amended;
(17) to make all necessary and appropriate arrangements with colleges and universities or other entities in order to fulfill its obligations under investment trust agreements;
(18) establish other policies, procedures, and criteria necessary to implement and administer the provisions of this chapter in compliance with Section 529 of the Internal Revenue Code of 1986, as amended, and other applicable provisions of federal and state law.
Section 59-2-60. (A) The Office of State Treasurer shall make investment trust agreements available to the public, under which account owners or other contributors may make contributions on behalf of beneficiaries. These contributions and investment earnings on these contributions may be used for any qualified higher educational expenses of a designated beneficiary. There is no guarantee by the State that the contributions, together with the investment return on the contributions, if any, will be adequate to pay for qualified education expenses in full.
(B) Each investment trust agreement made pursuant to this chapter must include the following terms and provisions:
(1) the maximum and minimum contributions allowed on behalf of each beneficiary for the payment of qualified higher education expenses at eligible institutions, both as defined in Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law, so that in no case shall the maximum allowable contribution be less than the amount allowable for the gift tax exclusion under Section 529 of the Internal Revenue Code of 1986, as amended;
(2) provisions for withdrawals, refunds, transfers, and any penalties;
(3) the name, address, and date of birth of the beneficiary on whose behalf the investment trust account is opened;
(4) terms and conditions for a substitution of the beneficiary originally named;
(5) terms and conditions for termination of the account, including any refunds, withdrawals, or transfers, applicable penalties, and the name of the person entitled to terminate the account;
(6) the time period during which the beneficiary must use benefits from the investment trust account;
(7) all other rights and obligations of the account owner and the SCCIP trust fund; and
(8) any other terms and conditions which the State Treasurer deems necessary or appropriate, including those necessary to conform the investment trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.
Section 59-2-70. (A) There is created a South Carolina College Investment Trust Fund separate and distinct from the state general fund (hereinafter referred to as the 'SCCIP trust fund') to be administered by the Office of State Treasurer. The SCCIP trust fund shall consist of money remitted in accordance with investment trust agreements. The trust fund shall receive and hold all payments, contributions, and deposits intended for it as well as all earnings thereon until disbursed as provided hereunder.
(B) The amounts on deposit in the trust fund do not constitute property of the State. Amounts on deposit in the trust fund must not be commingled with other state funds and the State shall have no claim to or interest in such funds. Investment trust agreements or any other contract entered into by or on behalf of the trust fund do not constitute a debt or obligation of the State and no account owner shall be entitled to any amounts except for those amounts on deposit in or accrued to their account.
(C) The SCCIP trust fund shall continue in existence as long as it holds any funds belonging to an account owner or otherwise has any obligations to any person or entity until its existence is terminated by law and remaining assets on deposit are returned to account owners or transferred to the State as provided by law.
(D) The Office of State Treasurer shall administer the fund, including, without limitation, the keeping of records, the management of bank accounts and other investments, the transfer of funds and the safekeeping of securities evidencing investments. These functions may be administered pursuant to a management agreement with a qualified entity or entities.
(E) Payments received by the Office of State Treasurer on behalf of beneficiaries from account owners and other contributors shall be placed in the trust fund.
(F) The director shall cause there to be maintained separate records and accounts for individual beneficiaries as may be required under Section 529 of the Internal Revenue Code of 1986, as amended, and any other applicable federal law.
(G) Account owners and any other contributors shall only be permitted to contribute cash or any other form of payment or contribution as may be permitted under Section 529 of the Internal Revenue Code of 1986, as amended, and approved by the State Treasurer. The director shall cause the program to maintain adequate safeguards against contributions in excess of what may be required for qualified higher education expenses. The trust fund is specifically authorized to receive and deposit into the trust fund any monetary gift made by an individual by testamentary disposition, including, without limitation, any specific gift or bequeath made by will, trust, or other disposition to the extent permitted under Section 529 of the Internal Revenue Code of 1986, as amended. The trust fund may receive amounts transferred from an UGMA, UTMA, or other account established for the benefit of a minor provided that the beneficiary of such an account is identified as the legal owner of the SCCIP Trust Fund account upon attaining majority age.
(H) The account owner retains ownership of all amounts on deposit in his or her account with the program up to the date of distribution on behalf of a designated beneficiary unless otherwise provided herein. Earnings derived from investment of the contributions shall be considered to be held in trust in the same manner as contributions, except as applied for purposes of the designated beneficiary. Amounts on deposit therein shall be available for expenses and penalties imposed by the Office of State Treasurer for the program as disclosed in the investment trust agreement.
(I) The assets of the SCCIP trust fund shall be preserved, invested, and expended solely pursuant to and for the purposes of this chapter and shall not be loaned or otherwise transferred or used by the State of South Carolina for any other purpose.
Section 59-2-80. (A) All property and income of the SCCIP trust fund, as an instrumentality of the State, shall be exempt from all taxation by the State and by its political subdivisions.
(B) Any interest, dividends, gains, or income accruing on the payments made pursuant to a investment trust agreement under the terms of this chapter or on any account in the SCCIP Trust Fund shall be excluded from the gross income of any such account owner, contributor, or beneficiary for purposes of South Carolina income taxes, to the extent such amounts remain on deposit in the SCCIP Trust Fund or are withdrawn pursuant to a qualified withdrawal. The SCCIP Trust Fund and Tuition Prepayment Program under Chapter 4 of this title shall constitute the only programs established pursuant to Section 529 of the Internal Revenue Code of 1986, as amended.
(C) The earnings portion of any withdrawals from an account that are not qualified withdrawals shall be included in the gross income of the resident recipient of the withdrawal for purposes of South Carolina income taxes in the year of the withdrawal.
(D) Contributions to a investment trust account created under this chapter by a resident of this State or a nonresident required to file a State of South Carolina income tax return for any year are deductible from South Carolina income subject to tax for that year up to the limit of maximum contributions allowed to such accounts under Section 529 of the Internal Revenue Code of 1986, as amended, including funds transferred to a investment trust account from another qualified college investment account, as allowable under Section 529 of the Internal Revenue Code of 1986, as amended, to the extent that the transferred funds were not permitted a state income tax deduction previously under state law. The deduction for funds transferred from another qualified college investment account shall be allowable in the year in which the funds are transferred.
Section 59-2-90. (A) The Office of State Treasurer has authority to establish a comprehensive investment plan for the purposes of this chapter, to invest any funds of the trust fund in any instrument, obligation, security, or property that constitutes legal investments, and to name and use depositories for its investments and holdings. The comprehensive investment plan shall specify the investment policies to be utilized by the State Treasurer in its administration of the funds.
Notwithstanding any provisions of law, the Office of State Treasurer shall invest or cause to be invested amounts on deposit in the trust fund in a manner reasonable and appropriate to achieve the objectives of the program, exercising the discretion and care of a prudent person in similar circumstances with similar objectives. The Office of State Treasurer shall give due consideration to the risk, expected rate of return, term or maturity, diversification of total investments, liquidity and anticipated investments in and withdrawals from the trust fund.
(B) All investments shall be acquired at prices not exceeding the prevailing market values for such securities.
(C) Any limitations herein set forth shall be applicable only at the time of purchase and shall not require the liquidation of any investment at any time. All investments shall be clearly marked to indicate ownership by the trust fund and to the extent possible shall be registered in the name of the trust fund.
(D) Subject to the above terms, conditions, limitations and restrictions, the Office of State Treasurer shall have power to sell, assign, transfer and dispose of any of the securities and investments of the trust fund. The State Treasurer may employ or contract with investment managers, evaluation services, or other such services as determined by the Office of State Treasurer to be necessary for the effective and efficient operation of the trust fund.
(E) Except as otherwise provided herein, no employee of the trust fund shall have any direct or indirect interest in the income, gains or profits of any investment made by the trust fund, nor shall any such person receive any pay or emolument for his services in connection with any investment made by the trust fund.
(F) Under the authority granted in Section 59-2-50, the State Treasurer may establish criteria for investment managers, mutual funds, or other entities to act as contractors or consultants to the Office of State Treasurer. The State Treasurer may contract, either directly or through these contractors or consultants, to provide such services as may be a part of the comprehensive investment plan or as may be deemed necessary or proper by the State Treasurer, including, but not limited to, providing consolidated billing, individual and collective record keeping and accounting, and asset purchase, control and safekeeping.
(G) No account owner, contributor, or beneficiary may directly or indirectly direct the investment of any account except as may be permitted under Section 529 of the Internal Revenue Code of 1986, as amended.
(H) The Office of State Treasurer may approve different investment plans and options to be offered to participants to the extent permitted under Section 529 of the Internal Revenue Code of 1986, as amended, and consistent with the objectives of this chapter and may require the assistance of investment counseling prior to participation in different options.
Section 59-2-100. (A) The State Treasurer shall furnish without charge to each account owner an annual statement of:
(1) the amount contributed by the account owner under the investment trust agreement;
(2) the annual earnings and accumulated earnings on the investment trust account; and
(3) any other terms and conditions which the director deems necessary or appropriate, including those necessary to conform the investment trust account with the requirements of Section 529 of the Internal Revenue Code of 1986, as amended, or other applicable federal law or regulations.
(B) The director shall furnish an additional statement complying with subsection (A) to an account owner or beneficiary on written request. The State Treasurer may charge a reasonable fee for each statement furnished under this subsection.
(C) The Office of State Treasurer shall prepare or cause to be prepared an annual report setting forth in appropriate detail an accounting of the funds and a description of the financial condition of the program at the close of each fiscal year. Such report shall be submitted to the Governor and the General Assembly. In addition, the Office of State Treasurer shall make the report available to account owners of investment trust agreements. The accounts of the fund shall be subject to annual audits by the State Auditor or his designee.
Section 59-2-110. This chapter is not a promise or guarantee that the beneficiary will be:
(a) admitted to any institution of higher learning;
(b) allowed to continue enrollment at an institution of higher learning; or
(c) graduated from an institution of higher learning.
Section 59-2-120. Nothing in this chapter or in any investment trust agreement entered into pursuant to this chapter shall be construed as a promise or guarantee by the State or any agency thereof that either qualified higher education expenses in general or any specific qualified higher education expense shall be covered in full by contributions or earnings on any investment trust account. Investment trust accounts and agreements entered into pursuant to this chapter are not guaranteed by the full faith and credit of the State of South Carolina.
Section 59-2-130. Notwithstanding any provision of law, no moneys on deposit in the SCCIP Trust Fund shall be considered an asset of either the parent, guardian, or student for purposes of determining an individual's eligibility for a need based grant, a need based scholarship, or a need based work opportunity offered or administered by any state agency except as may be required by the funding source of such financial aid.
Section 59-2-140. The SCCIP trust fund, contributions to the SCCIP trust fund, and the right of a person to a refund of contributions or any other right accrued or accruing to any person under the provisions of this chapter are exempt from attachment, garnishment, levy, and sale under any means or final process issued by any court or bankruptcy proceeding and are unassignable except as specifically otherwise provided in this chapter.
Section 59-2-150. Neither the State Treasurer nor any transfer agent, administrator, bank, broker, or other financial institution acting on the instructions of or otherwise dealing with any person purporting to act as a contributor, beneficiary, or account owner is responsible for determining the following:
(1) whether the contributor, beneficiary, account owner, or person purporting to act as such has been duly designated;
(2) whether any purchase, sale, transfer, or other action to or by a person purporting to act in the capacity of an account owner is in accordance with or authorized by this chapter; or
(3) the validity or propriety under this chapter of any instrument or instructions executed or given by a person purporting to act as a contributor, beneficiary, or account owner.
Section 59-2-160. The provisions of this chapter are severable. If any part of this chapter is declared invalid or unconstitutional, such declaration shall not affect the parts which remain."
SECTION 2. This act takes effect on January 1, 2002. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3948 be read the third time tomorrow.
The following Bill was taken up:
S. 559 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "GROSS PROCEEDS OF SALES" FOR PURPOSES OF THE SOUTH CAROLINA SALES TAX ACT, SO AS TO PROVIDE THAT GROSS PROCEEDS OF SALES DO NOT INCLUDE INTEREST, FEES, OR CHARGES IMPOSED ON A CUSTOMER FOR LATE PAYMENT OF A BILL FOR ELECTRICITY OR NATURAL GAS, OR BOTH, WHETHER OR NOT SALES TAX IS REQUIRED TO BE PAID ON THE UNDERLYING BILL.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10406HTC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Section 12-36-90(2) of the 1976 Code is amended by adding an appropriately lettered subitem at the end to read:
"( ) interest, fees, or charges however described, imposed on a customer for late payment of a bill for electricity or natural gas, or both, whether or not sales tax is required to be paid on the underlying electricity or natural gas bill."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval by this act by the Governor and applies with respect to retail sales occurring on or after that date and sales before that date for all periods remaining open for the assessment of taxes by agreement or by operation of law. However, a refund is not due a taxpayer of sales and use tax paid on interest, fees, or charges, however described, imposed on a customer for late payment of a bill for electricity or natural gas, or both, before the effective date of this section.
SECTION 2. Section 12-36-2120(28)(a) of the 1976 Code, as last amended by Act 399 of 2000, is further amended to read:
"(a) medicine and prosthetic devices sold by prescription, prescription medicines used in the treatment of renal disease, prescription medicines and therapeutic radiopharmaceuticals used in the treatment of cancer, lymphoma, leukemia, or related diseases, including prescription medicines used to relieve the effects of any such treatment, and free samples of prescription medicine distributed by its manufacturer and any use of these free samples."
SECTION 3. Section 12-36-2120(32) of the 1976 Code is amended to read:
"(32) natural, propane, and liquefied petroleum gas and electricity used exclusively in the production of poultry, livestock, swine, and milk and to produce agricultural plants in greenhouses that subsequently will be replanted;"
SECTION 4. Section 12-36-2120 of the 1976 Code is amended by adding two appropriately numbered items at the end to read:
"( ) wheelchairs;
( ) prosthetic devices and replacement parts for such devices not exempted pursuant to item (28) of this section."
SECTION 5. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Reps. HARRELL and ROBINSON proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\ 10420HTC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. Section 12-36-2120 of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
( ) effective January 1, 2005, food items eligible for purchase with United States Department of Agriculture food coupons. The exemption allowed by this item does not extend to a local sales and use tax imposed pursuant to a referendum held before July 1, 2001, except where a local sales and use tax specifically exempts these items. The exemption allowed by this item applies to a local sales and use tax imposed pursuant to a referendum held after June 30, 2001. An amount of general fund revenue not derived from the state sales and use tax equal to the amount of state sales and use tax revenue not collected because of the exemption allowed by this item is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B), including the appropriate amount required to be credited to the Education Act Improvement Fund;
B. Part IB of Act 1 of 2001 is amended by deleting Section 32(a) which reads:
"(32)(a) The General Assembly finds that it is appropriate to provide certain forms and levels of tax reduction when at the same time it has determined that every reasonable effort has been made and accomplished to fund, to the fullest extent possible, adequate and comprehensive programs in education and health care which are fundamental to progress, growth, and economic development. The General Assembly herein provides for a twenty percent reduction in the rate of sales tax imposed on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, beginning in January 1, 2001. Eighty percent of the revenues from sales taxes raised subsequent to imposition of the special sales tax rates provided by this section must be credited to the general fund of this State and used as sales taxes are used, and the remainder must be credited to the Education Improvement Act Fund. It is the further intent of the General Assembly that, provided the funds are authorized for the fiscal year in which the following schedule is eligible to be implemented, and notwithstanding the rate of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from January 1, 2001, through December 31, 2001; three percent for such sales from January 1, 2002, through December 31, 2002; two percent for such sales from January 1, 2003, through December 31, 2003; one percent for such sales from January 1, 2004, through December 31, 2004; and on and after January 1, 2005, the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons shall be exempt from the tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code."
C. Notwithstanding the rates of tax imposed pursuant to Chapter 36, Title 12 of the 1976 Code, the rate of tax imposed pursuant to that chapter on the gross proceeds of sales, or the sale price of food items eligible for purchase with United States Department of Agriculture food coupons, is four percent for sales from July 1, 2001, through December 31, 2001, three percent for such sales from January 1, 2002, through December 31, 2002, two percent for such sales from January 1, 2003, through December 31, 2003, and one percent for such sales from January 1, 2004, through December 31, 2004. An amount of general fund revenue not derived from the state sales and use tax equal to the state sales and use tax not collected because of the reduced state sales tax rate allowed by this section is deemed state sales and use tax revenue and must be used as provided in Section 59-21-1010(A) and (B) of the 1976 Code, including whatever amount is necessary to be credited to the Education Act Improvement Fund so that the total in that fund is not reduced by the reduced rates allowed by this section. Except where otherwise exempt, the local sales and use taxes authorized by law continue to apply to those sales subject to the reduced state rate of tax provided in this section, but such a tax imposed pursuant to a referendum held after June 30, 2001, does not apply to those sales subject to the reduced state rate of tax provided in this section.
D. Notwithstanding the general effective date of this act, this section takes effect July 1, 2001. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. HARRELL, with unanimous consent, it was ordered that S. 559 be read the third time tomorrow.
The following Bill was taken up:
H. 4003 (Word version) -- Reps. Barfield, Limehouse, Whipper, Allison, Askins, Bales, Barrett, Battle, Bingham, Bowers, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Frye, Gilham, Govan, Hamilton, Harrell, Harvin, Hayes, J. Hines, Hosey, Jennings, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Leach, Lee, Lloyd, Loftis, Lucas, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Phillips, Rhoad, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, F. N. Smith, J. R. Smith, Stille, Taylor, Thompson, Tripp, Vaughn, Webb, Weeks, Whatley, White, Witherspoon and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-280 TO ENACT THE "ACCESS TO MEDICAL TREATMENT ACT" SO AS TO PROVIDE THAT INDIVIDUALS HAVE THE RIGHT TO BE PROVIDED WITH EXPERIMENTAL OR NONCONVENTIONAL MEDICAL TREATMENT FOR A POTENTIALLY LIFE THREATENING OR CHRONICALLY DISABLING DISEASE IF THE TREATING PHYSICIAN AGREES TO THE TREATMENT, TO PROVIDE CONDITIONS UNDER WHICH A PHYSICIAN MAY PROVIDE SUCH TREATMENT, AND TO PROVIDE THAT TREATING A PERSON IN COMPLIANCE WITH THIS SECTION IS NOT IN ITSELF UNPROFESSIONAL CONDUCT.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11758AC01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the "Access to Medical Treatment Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 40-47-280. (A) Notwithstanding any other provision of law, and except as provided in this chapter, an individual has the right to be treated for any illness or disease which is potentially life threatening or chronically disabling by a physician licensed to practice medicine under this chapter with any alternative, complementary, experimental, or nonconventional medical treatment that the individual desires or the legal representative of the individual authorizes if the physician licensed to practice medicine under this chapter has personally examined the individual and agrees to treat the individual. For purposes of this section, life threatening means any disease or condition that may lead to or contribute to a set of circumstances that would result in death if left unchecked.
(B) A physician licensed to practice medicine under this chapter may provide any medical treatment to an individual described in subsection (A) if:
(1) there is no reasonable basis to conclude that the medical treatment itself, when used as directed, poses an unreasonable and significant risk of danger to the individual;
(2) the physician licensed to practice medicine under this chapter has provided the patient with a written statement and an oral explanation, which the patient has acknowledged by the patient's signature or the signature of the patient's legal representative, that discloses the facts regarding the nature of the treatment, specifically including that the treatment offered is alternative, complementary, experimental, or nonconventional, that the drug or medical device has not been approved by the Food and Drug Administration for any indication, and the material risks generally recognized by reasonably prudent physicians of the treatment's side effects; and
(3) the patient or the patient's legal representative has signed a written document requesting the treatment and providing a written waiver of liability to the physician who provides the treatment.
(C) The treatment of patients in compliance with this section by a physician licensed to practice medicine under this chapter does not by itself constitute unprofessional practice or conduct.
(D) Nothing in this section may be construed to require third party reimbursement for alternative, complementary, experimental, or nonconventional treatments rendered pursuant to the provisions of this section."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BARFIELD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BARFIELD, with unanimous consent, it was ordered that H. 4003 be read the third time tomorrow.
The following Bill was taken up:
H. 3891 (Word version) -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-2735, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION AND EXPERIENCE REQUIREMENTS FOR CAREGIVERS EMPLOYED IN CHILD DAYCARE CENTERS AFTER JUNE 30, 1994, SO AS TO DELETE THE REQUIREMENT THAT THE CAREGIVER MUST HAVE AT LEAST A HIGH SCHOOL DIPLOMA OR GENERAL EDUCATIONAL CERTIFICATE (GED) AND TO DELETE REQUIREMENTS FOR CAREGIVERS EMPLOYED AS OF JULY 1, 1994.
Rep. OTT made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. WHIPPER withdrew his request for debate on the following Bill:
H. 3695 (Word version) -- Reps. Rodgers, Allison, Freeman, Haskins, Hinson, Lee, Martin, Miller, Moody-Lawrence, Parks, Stuart, A. Young, Cobb-Hunter, Gilham, Meacham-Richardson and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-4-160 SO AS TO ESTABLISH THE DOMESTIC VIOLENCE FUND WITHIN THE STATE TREASURY TO BE ADMINISTERED BY THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF AWARDING GRANTS TO DOMESTIC VIOLENCE CENTERS AND PROGRAMS IN THE STATE THAT MEET CERTAIN CRITERIA; TO ADD SECTION 20-1-375 SO AS TO INCREASE THE MARRIAGE LICENSE FEE BY TWENTY DOLLARS WHICH MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO VARIOUS FEES TO BE COLLECTED BY CLERKS OF COURT, SO AS TO INCREASE THE FILING FEE FOR DIVORCE OR SEPARATE MAINTENANCE ACTIONS BY TWENTY DOLLARS WHICH ALSO MUST BE CREDITED TO THE DOMESTIC VIOLENCE FUND.
The Senate amendments to the following Bill were taken up for consideration:
H. 3366 (Word version) -- Reps. Snow, Altman, Bales, Barfield, Breeland, R. Brown, Campsen, Edge, Gilham, Harvin, Keegan, Kelley, Limehouse, Miller, Rodgers, Scarborough, Vaughn, Whatley and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-32-55 SO AS TO PROVIDE THAT NO OWNER OF AN INTEREST IN A VACATION TIME-SHARING UNIT MAY BE CHARGED AN UP-FRONT APPRAISAL FEE FOR THE RESALE OF HIS OWNERSHIP INTEREST BUT INSTEAD MAY ONLY BE CHARGED A MARKETING FEE OR COMMISSION UPON THE RESALE OF THE UNIT IN AN AMOUNT STIPULATED BY WRITTEN AGREEMENT BETWEEN THE OWNER AND HIS SALES AGENT, AND TO PROVIDE THAT ANY PERSON VIOLATING THE PROVISIONS OF THIS SECTION IS DEEMED TO HAVE COMMITTED AN UNFAIR TRADE PRACTICE AND IS SUBJECT TO ALL PENALTIES AND REMEDIES PROVIDED BY LAW FOR THIS VIOLATION.
Rep. CATO 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.
The Senate amendments to the following Bill were taken up for consideration:
H. 3624 (Word version) -- Reps. Rodgers, Gilham, Lloyd and Rivers: A BILL TO PROVIDE THAT THE BEAUFORT COUNTY BOARD OF EDUCATION MAY ESTABLISH, WITHIN GUIDELINES, ITS COMPENSATION AND PER DIEM.
Rep. RODGERS 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.
The following Bill was taken up:
H. 3719 (Word version) -- Reps. Harrison, Wilkins, Townsend, W. D. Smith, Huggins, Littlejohn, Lourie, Gilham, Webb, Martin, Lloyd, D. C. Smith, McLeod and Snow: A BILL TO AMEND SECTIONS 56-5-6520 AND 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO THE USE OF SAFETY BELTS IN MOTOR VEHICLES, SO AS TO PROVIDE THE DRIVER IS CHARGED WITH THE RESPONSIBILITY OF REQUIRING EACH OCCUPANT SIX YEARS OF AGE UP TO AND UNDER EIGHTEEN YEARS OF AGE TO WEAR A SAFETY BELT OR BE SECURED IN A CHILD RESTRAINT SYSTEM, TO INCREASE THE FINE, TO PROVIDE LAW ENFORCEMENT MAY STOP A DRIVER WHEN A DRIVER UNDER THE AGE OF EIGHTEEN OR AN OCCUPANT UNDER THE AGE OF EIGHTEEN IS NOT WEARING A SAFETY BELT OR IS NOT SECURED IN A CHILD RESTRAINT SYSTEM, AND TO PROVIDE THAT PROBABLE CAUSE FOR A VIOLATION OF THIS ARTICLE MUST BE BASED ON A LAW ENFORCEMENT OFFICER'S CLEAR AND UNOBSTRUCTED VIEW OF A PERSON UNDER THE AGE OF EIGHTEEN NOT RESTRAINED AS REQUIRED BY THIS ARTICLE.
Rep. QUINN explained the Bill.
The Bill was read the third time and ordered sent to the Senate.
The following Concurrent Resolution was taken up:
S. 140 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA AREA HEALTH EDUCATION CONSORTIUM IN CONDUCTING ITS STATEWIDE NEEDS ASSESSMENT OF ALL HEALTH PROFESSIONALS TO EXAMINE THE PROBLEMS OF THE RECRUITMENT AND RETENTION OF NURSES AND NURSES AIDES IN SOUTH CAROLINA NURSING HOMES AND HOSPITALS AND TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2002.
Whereas, eighty percent of care in nursing homes is provided by nurses aides, and turnover rates for nursing aides in long-term care are as high as one hundred percent in a two-year period; and
Whereas, nurses aides are serving sicker and more severely handicapped patients due to the trend to keep patients at home and served by home and community health services as long as possible; and
Whereas, long-term care facilities have great difficulty in finding nurses aides to fill openings; and
Whereas, care for advanced dementia patients is difficult and poorly rewarded; and
Whereas, increased workloads in long-term care are demanding more health providers; and
Whereas, our single elderly often have only their personal care nurses aides to depend on, as families are often not available; and
Whereas, the pay scale for nursing aides is comparable to unskilled fast food workers; and
Whereas, South Carolina's aging population is growing and will continue to increase as the baby boomers approach the ranks of senior citizens; and
Whereas, South Carolina Area Health Education Consortium (AHEC) is currently involved in a statewide health profession needs assessment of all health professionals including licensed and unlicensed providers under an enhanced AHEC contract. The health profession planning under the enhanced contract will focus on health care skills and competencies to serve the population in critical areas of health needs which include geriatric care. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That by this resolution, the General Assembly of the State of South Carolina requests the South Carolina Area Health Education Consortium, in conducting its statewide needs assessment of all health professionals, to examine the problem of recruitment and retention of nurses and nurses aides in South Carolina nursing homes and hospitals and to report its findings and recommendations to the General Assembly before January 1, 2002.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Area Health Education Consortium.
Rep. THOMPSON explained the Resolution.
The Concurrent Resolution was adopted and sent to the Senate.
The motion period was dispensed with on motion of Rep. FLEMING.
The SPEAKER granted Rep. HAYES a leave of absence for the remainder of the day.
The following Bill was taken up:
H. 3693 (Word version) -- Reps. Campsen, Cato, Delleney, Easterday, Hamilton, Leach, Robinson, White, Cooper, Simrill, Klauber, Owens, Gilham, Talley and Loftis: A BILL TO ENACT THE "UNBORN VICTIMS ACT OF 2001" INCLUDING PROVISIONS TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST A PERSON, BY ADDING SECTION 16-3-90 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE UNLAWFUL KILLING OR BATTERY OF ANY PERSON, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND TO PROVIDE FOR EXCLUSIONS; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH, AND BY ADDING SECTION 50-21-185 TO FURTHER PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY PERSON IN ARTICLE 1, CHAPTER 21, TITLE 50, "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH; TO AMEND CHAPTER 5, TITLE 56, RELATING TO MOTOR VEHICLES AND REGULATING TRAFFIC ON THE HIGHWAYS, BY ADDING SECTION 56-5-2915 SO AS TO PROVIDE THAT FOR PURPOSES OF ALL OFFENSES ARISING OUT OF THE DEATH OR INJURY OF ANY "PERSON" IN ARTICLE 23, CHAPTER 5, TITLE 56, THE TERM "PERSON" INCLUDES AN UNBORN CHILD AT EVERY STAGE OF GESTATION IN UTERO FROM CONCEPTION UNTIL LIVE BIRTH.
Rep. WHIPPER proposed the following Amendment No. 3 (Doc Name COUNCIL\SWB\AMEND\5326DJC01), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited and referred to as the "Unborn Victims Act".
SECTION 2. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. (A) For purposes of a civil cause of action, 'person' includes a viable unborn child that has reached a point of fetal development where there is a realistic possibility of maintaining and nourishing life outside the womb. However, nothing in this section may be construed to abridge, alter, amend, or supplant the common law or statutory laws of South Carolina regarding civil actions for medical malpractice or wrongful death brought against medical professionals on account of acts of omission or commission occurring during the course of providing medical services or treatment.
(B) Nothing in this section may be construed to apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion.
(C) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(D) No pregnant female may be subject to a civil suit under this section for acts affecting her unborn child.
(E) No person or health care provider may be subject to a civil suit under this section for conduct relating to or arising out of the performance of a lawful abortion.
(F) No person or health care provider may be subject to a civil suit under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devises."
SECTION 3. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-90. (A) For purposes of all offenses arising out of the unlawful killing or battery of any 'person' or of 'another' in this chapter, the terms 'person' and 'another' include a viable unborn child that has reached a point of fetal development where there is a realistic possibility of maintaining and nourishing life outside the womb.
(B) Nothing in this section may be construed to apply to or infringe upon a pregnant female's right to a lawful abortion.
(C) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(D) No pregnant female may be prosecuted under this section for acts affecting her unborn child.
(E) No person or health care provider may be prosecuted under this section for conduct relating to or arising out of the performance of a lawful abortion.
(F) No person or health care provider may be prosecuted under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
SECTION 4. Section 50-21-10(20) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(20) 'Person' means an individual, a partnership, a firm, a corporation, an association, or other legal entity. For purposes of all offenses arising out of the death or injury of any 'person' in this article, 'person' also includes a viable unborn child that has reached a point of fetal development where there is a realistic possibility of maintaining and nourishing life outside the womb."
SECTION 5. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-185. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes a viable unborn child that has reached a point of fetal development where there is a realistic possibility of maintaining and nourishing life outside the womb."
SECTION 6. Article 23, Chapter 5, Title 56 of the 1976 Code is amended by adding:
"Section 56-5-2915. For purposes of all offenses arising out of the death or injury of any 'person' in this article, the term 'person' includes a viable unborn child that has reached a point of fetal development where there is a realistic possibility of maintaining and nourishing life outside the womb."
SECTION 7. If any section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions.
SECTION 8. The repeal or amendment by this act, of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 9. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. WHIPPER explained the amendment.
Rep. WHIPPER spoke in favor of the amendment.
Rep. CAMPSEN spoke against the amendment.
Rep. CAMPSEN moved to table the amendment.
Rep. COBB-HUNTER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bales Barfield Barrett Battle Bingham Brown, G. Campsen Cato Chellis Coates Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gilham Hamilton Harrell Harrison Haskins Hinson Huggins Keegan Kelley Kirsh Klauber Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee Meacham-Richardson Merrill Neal, J.M. Owens Perry Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.R. Stille Talley Taylor Thompson Trotter Vaughn Walker Webb Whatley White Wilkins Young, J.
Those who voted in the negative are:
Allen Askins Bowers Breeland Brown, R. Carnell Clyburn Cobb-Hunter Freeman Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lloyd Miller Neal, J.H. Parks Rhoad Rivers Scott Weeks Whipper Wilder
So, the amendment was tabled.
Rep. WHIPPER proposed the following Amendment No. 5 (Doc Name COUNCIL\SKB\AMEND\18419SOM01), which was tabled:
Amend the bill, as and if amended, by striking SECTIONS 2 through 8 in their entirety and inserting:
/ SECTION 2. Article 1, Chapter 5, Title 15 of the 1976 Code is amended by adding:
"Section 15-5-5. (A) A pregnant female whose right to carry her pregnancy to term is infringed at any point of gestation by an injury to the pregnant female or her fetus, or by the death of the pregnant female as the result of the negligent act or omission of another person has a civil cause of action against that person for all damages sustained as a result of the negligent termination of her pregnancy, including damages for the mental and emotional pain and suffering associated with the loss of the pregnancy.
(B) A pregnant female whose right to carry her pregnancy to term is infringed at any point of gestation by an injury to the pregnant female or her pregnancy, or by the death of the pregnant female as the result of the knowing, intentional, or reckless act or omission of another person has a civil cause of action against that person for actual and punitive damages sustained as a result of the negligent termination of her pregnancy, including damages for the mental and emotional pain and suffering associated with the loss of the pregnancy.
(C) Nothing in this section may be construed to abridge, alter, amend, or supplant the common law or statutory laws of South Carolina regarding civil actions for medical negligence or wrongful death brought against medical professionals on account of acts of omission or commission occurring during the course of providing medical services or treatment.
(D) Nothing in this section may be construed to apply to or infringe upon a pregnant female's constitutional right to privacy, or a pregnant female's right to a lawful abortion.
(E) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(F) No pregnant female may be subject to a civil suit under this section for acts affecting her unborn child."
SECTION 3. Article 1, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-90. (A) A person whose negligent or unintentional act or omission results in the involuntary termination of a woman's pregnancy at any stage of gestation is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisoned for not more than five years, or both.
(B) A person whose knowing, intentional, or reckless act or omission results in the involuntary termination of a woman's pregnancy at any state of gestation is guilty of a felony and, upon conviction, must be punished by a fine of not less than ten thousand dollars nor more than one hundred thousand dollars, or imprisoned for not less than two years nor more than thirty years, or both.
(C) Nothing in this section may be construed to apply to or infringe upon a pregnant female's right to a lawful abortion.
(D) Nothing in this section may be construed to apply to a medical procedure performed by a physician or other licensed health care provider at the request of a pregnant female or her legal guardian, any medical procedure for which consent is implied by law or is not required by law, or to the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices.
(E) No pregnant female may be prosecuted under this section for acts affecting her unborn child.
(F) No person or health care provider may be prosecuted under this section for conduct relating to or arising out of the performance of a lawful abortion.
(G) No person or health care provider may be prosecuted under this section for acts performed in the process of providing medical treatment to a pregnant female or her unborn child, or for the lawful prescription, dispensation, administration, or delivery of lawfully prescribed medications, injections, or devices."
SECTION 4. If any section, or provision of this act is held by a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions.
SECTION 5. The repeal or amendment by this act, of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release, or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. /
Renumber sections to conform.
Amend title to conform.
Rep. WHIPPER explained the amendment.
Rep. CAMPSEN moved to table the amendment.
Rep. WHIPPER demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Barfield Barrett Bingham Campsen Cato Chellis Coates Cooper Davenport Delleney Easterday Edge Emory Fleming Freeman Gilham Hamilton Harrison Haskins Huggins Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McLeod Meacham-Richardson Merrill Ott Owens Perry Phillips Quinn Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Whatley White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Askins Bales Bowers Breeland Carnell Clyburn Cobb-Hunter Gourdine Govan Harvin Hines, J. Hines, M. Hosey Howard Jennings Kennedy Lloyd Miller Neal, J.H. Rhoad Rivers Rutherford Scott Weeks Whipper Wilder
So, the amendment was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Bingham Bowers Brown, G. Brown, J. Campsen Carnell Cato Chellis Coates Coleman Cooper Dantzler Davenport Delleney Easterday Edge Emory Fleming Freeman Frye Gilham Govan Hamilton Harrell Harrison Harvin Haskins Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.M. Ott Owens Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Tripp Trotter Vaughn Walker Webb White Wilkins Young, A. Young, J.
Those who voted in the negative are:
Breeland Cobb-Hunter Gourdine Hines, J. Hines, M. Hosey Howard Kennedy Lloyd Parks Rivers Rutherford Smith, J.E. Weeks Whipper
So, the Bill was read the second time and ordered to third reading.
Today we completed debate on H. 3693, the so-called "Unborn Victims Act of 2001", and I simply abstained from voting on the amendments and bill. While I recognize this is popular legislation and will easily pass, I believe it fundamentally seeks to change or overturn the law as to basic fetal rights as established under past rulings of the United State Supreme Court.
The mere recital within a bill that it's enactment will not change the law or overturn existing state or federal law on such issues does not of itself stop the substantial impact of the proposed bill. I believe this bill which combines both civil and criminal law changes as to causes of action as well as criminal liability related to a fetus irrespective of viability substantially and materially would in fact alter the state of law in S.C. and by same be inconsistent with what I understand to be the current status of federal law. To support passage of this bill in my opinion would violate my oath of office. Thanking you for your attention, I am
Respectfully,
Rep. Bill Cotty
I was temporarily out of the chamber. I would have voted in favor of H. 3693.
Rep. Mickey Whatley
The following Bill was taken up:
H. 3093 (Word version) -- Reps. Campsen, Harrison, Altman, Simrill, Owens, Robinson and Easterday: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-1-115 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO DEVELOP A DATA BASE IN WHICH A PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS CAN REGISTER WITH THE DEPARTMENT PROHIBITING THE DEPARTMENT OR ANOTHER AGENCY OR DEPARTMENT OF THE STATE FROM PROVIDING CONDOMS OR OTHER CONTRACEPTIVES TO THEIR CHILDREN AND TO REQUIRE THE DEPARTMENT TO PUBLISH AND DISTRIBUTE INFORMATION CONCERNING THIS REGISTRATION; AND BY ADDING SECTION 44-1-117 SO AS TO PROHIBIT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, ANOTHER STATE AGENCY OR DEPARTMENT, OR A PERSON ACTING ON THEIR BEHALF, FROM DISTRIBUTING CONDOMS OR OTHER TYPES OF CONTRACEPTIVES TO A PERSON UNDER SIXTEEN YEARS OF AGE IF THE PARENT, LEGAL GUARDIAN, OR ONE ACTING EN LOCO PARENTIS HAS REGISTERED WITH THE DEPARTMENT PROHIBITING SUCH DISTRIBUTION TO THEIR CHILD.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11491AC01), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered Section to read:
/SECTION ___. This act may be cited as the 'South Carolina Parental Reproductive Rights Act'. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY explained the amendment.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 3 (Doc Name COUNCIL\NBD\AMEND\11722AC01):
Amend the bill, as and if amended, by adding a new section appropriately numbered to read:
/SECTION ___. The provisions of Sections 44-1-115 and 44-1-117 of the 1976 Code as added by Sections 1 and 2 of this act, respectively, take effect upon a federal agency certifying to the Department of Health and Environmental Control that provisions of these Sections do not conflict with and are not inconsistent with federal law, policies, or regulations./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. E. SMITH explained the amendment.
Rep. J. E. SMITH continued speaking.
Rep. J. E. SMITH spoke in favor of the amendment.
Rep. J. E. SMITH continued speaking.
Rep. EASTERDAY spoke against the amendment.
Rep. EASTERDAY spoke against the amendment.
Rep. CAMPSEN moved that the House recur to the Morning Hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the Morning Hour the pending question being consideration of Amendment No. 3, Rep. EASTERDAY having the floor.
The following was introduced:
H. 4147 (Word version) -- Reps. Huggins, Quinn and Riser: A HOUSE RESOLUTION TO COMMEND IRMO MIDDLE SCHOOL IN LEXINGTON COUNTY FOR ITS EXCELLENT BAND PROGRAM WHICH HAS NOW CULMINATED IN THE SCHOOL AND ITS HONOR BAND BEING THE SOLE RECIPIENT OF THE SUDLER CUP FOR THE YEAR 2000 AND TO RECOGNIZE THAT THE SUDLER CUP IS THE MOST PRESTIGIOUS INTERNATIONAL AWARD RECOGNIZING JUNIOR HIGH AND MIDDLE SCHOOL CONCERT BANDS OF OUTSTANDING MUSICAL EXCELLENCE.
The Resolution was adopted.
On motion of Rep. CHELLIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4148 (Word version) -- Reps. Chellis and A. Young: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO THE SUMMERVILLE HIGH SCHOOL BOYS TRACK TEAM THURSDAY, MAY 24, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO COMMEND AND CONGRATULATE THEM FOR WINNING THE AAAA STATE CHAMPIONSHIP SATURDAY, MAY 12, 2001, AND WISH THE TEAM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
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, extend the privilege of the floor to the Summerville High School Boys Track Team Thursday, May 24, 2001, at a time to be determined by the Speaker, to commend and congratulate them for winning the AAAA State Championship Saturday, May 12, 2001, and wish the team much athletic and academic success in the future.
The Resolution was adopted.
The following was introduced:
H. 4149 (Word version) -- Reps. Chellis, A. Young and Owens: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE SUMMERVILLE HIGH SCHOOL BOYS TRACK TEAM FOR WINNING THE AAAA STATE CHAMPIONSHIP SATURDAY, MAY 12, 2001, AND WISH THE TEAM MUCH ATHLETIC AND ACADEMIC SUCCESS IN THE FUTURE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4150 (Word version) -- Reps. Carnell, Lourie, Wilkins, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY UPON THE DEATH OF WILLIAM RUSSELL "BILL" FLOYD, OF COLUMBIA, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
Whereas, the members of the General Assembly were saddened to learn of the death of William Russell "Bill" Floyd on Monday, May 14, 2001; and
Whereas, Bill Floyd was born in Columbia, the son of Clise L. and Patricia Patrick Floyd, and graduated in 1984 from the University of South Carolina. He was the owner of Floyd and Floyd, a men's clothier. He coached youth soccer and Little League baseball; and
Whereas, Bill was a committed member of Trenholm Road United Methodist Church where he was a Sunday school teacher and member of the "Believers" Sunday School Class. His faith sustained him through his illness and inspired his family, friends, and acquaintances; and
Whereas, Bill Floyd was devotedly married to Sophia Floyd, our friend and colleague who has worked for the House of Representatives for eighteen years. He was a loving father of two sons, William Whit and Jordan Weston. In addition to his wife and children, Mr. Floyd is survived by his parents of Columbia and sisters, Sharon Floyd Dyar of Columbia and Patricia Ann Floyd of Atlanta; and
Whereas, with the loss of this fine man at a young age, the people of Columbia and South Carolina have lost a person who was a wonderful husband and father, a good friend, and a person who had a true love of life. He and his family fought his serious illness with heart, determination, courage, spirit, and strong faith; and
Whereas, the members of the General Assembly would like Sophia, his sons, Whit and Jordan, and the other members of his family to know they are thinking of them in this time of sorrow. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly, by this resolution hereby express their profound sorrow upon the death of William Russell "Bill" Floyd, of Columbia, and extend deepest sympathy to his family and many friends.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Sophia Brazell Floyd of Columbia.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4151 (Word version) -- Reps. J. M. Neal and Emory: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR MAE "MISS MAE" W. CATOE OF LANCASTER COUNTY FOR OVER FORTY-SEVEN YEARS OF DEVOTED AND DISTINGUISHED SERVICE ON THE LANCASTER COUNTY REGISTRATION AND ELECTION COMMISSION AND TO EXPRESS THE GRATITUDE OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO HER FOR HER LIFETIME OF CONTINUING COMMITMENT TO PUBLIC SERVICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4152 (Word version) -- Reps. Sharpe, Hosey, Perry, D. C. Smith and J. R. Smith: A HOUSE RESOLUTION TO COMMEND THE EMERGENCY SERVICE ORGANIZATIONS IN AIKEN AND BARNWELL COUNTIES, THE SOUTH CAROLINA EMERGENCY PREPAREDNESS DIVISION, AND THE DEPARTMENT OF ENERGY-SAVANNAH RIVER SITE FOR THEIR OUTSTANDING EFFORTS AND COOPERATION IN PROVIDING EMERGENCY SERVICES TO THE CITIZENS OF AIKEN AND BARNWELL COUNTIES.
The Resolution was adopted.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4153 (Word version) -- Reps. Knotts, Law, Whatley, Altman, Kirsh, Sandifer, G. M. Smith, Thompson, Vaughn, A. Young and J. Young: A BILL TO AMEND SECTION 37-5-108, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNCONSCIONABILITY OF CONSUMER CREDIT CONTRACTS AND LIMITATIONS ON A CREDITOR'S COLLECTION REMEDIES SO AS TO PROHIBIT COLLECTION TELEPHONE CALLS FROM MIDNIGHT FRIDAY THROUGH MIDNIGHT SUNDAY.
Referred to Committee on Labor, Commerce and Industry
H. 4154 (Word version) -- Rep. Campsen: A BILL TO ENACT THE SOUTH CAROLINA ESTATES AND PROBATE REFORM ACT; TO AMEND SUBARTICLE 5, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM GIFTS TO MINORS ACT, SO AS TO DESIGNATE SUBARTICLE 5 AS THE "UNIFORM TRANSFERS TO MINORS ACT", TO CHANGE THE AGE OF DISTRIBUTION TO TWENTY-ONE YEARS, INCLUDE BOTH GRATUITOUS TRANSFERS AND TRANSFERS FOR CONSIDERATION TRANSFERS AND BOTH LIFETIME TRANSFERS AND TRANSFERS FROM TRUSTS, ESTATES, AND GUARDIANSHIPS, AND LIMIT THE MINOR'S LIABILITY TO THIRD PARTIES TO CASES OF PERSONAL FAULT; TO AMEND SECTION 62-5-501, AS AMENDED, RELATING TO THE DURABLE POWER OF ATTORNEY, SO AS TO PROVIDE FOR REASONABLE COMPENSATION FOR AN ATTORNEY-IN-FACT ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY, AND TO PROVIDE FOR PROTECTION OF THIRD PARTIES RELYING ON THE ACTS OF AN INDIVIDUAL ACTING PURSUANT TO A DURABLE POWER OF ATTORNEY; TO AMEND ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO INTESTACY, SUCCESSION AND WILLS, SO AS TO CHANGE THE TITLE OF THE ARTICLE TO "INTESTACY, WILLS, AND DONATIVE TRANSFERS; TO AMEND PART 7, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO CONTRACTUAL ARRANGEMENTS RELATING TO DEATH, SO AS TO REPLACE PART 7 WITH RULES FOR CONSTRUCTION OF WILLS AND OTHER INSTRUMENTS GOVERNING TRANSFERS; TO AMEND SECTION 62-2-803, RELATING TO THE EFFECT OF HOMICIDE ON INTESTATE SUCCESSION, WILLS, JOINT ASSETS, LIFE INSURANCE, AND BENEFICIARY DESIGNATIONS, SO AS TO PROVIDE FOR A JUDICIAL DETERMINATION OF CRIMINAL ACCOUNTABILITY, USING THE PREPONDERANCE OF THE EVIDENCE STANDARD, IN THE ABSENCE OF A CRIMINAL CONVICTION; TO AMEND PART 8, ARTICLE 2, CHAPTER 2, TITLE 62, RELATING TO GENERAL PROVISIONS AS TO INTESTATE SUCCESSION, BY ADDING SECTION 62-2-805 SO AS TO PROVIDE FOR REVOCATION OF PROBATE AND NONPROBATE TRANSFERS BY DIVORCE AND ANNULMENT; TO AMEND SECTION 34-19-120, RELATING TO ACCESS TO A LOCKBOX TO OBTAIN A POWER OF ATTORNEY, SO AS TO FACILITATE ACCESS CONDITIONED ON A VERIFIED DOCUMENT; AND TO AMEND SECTION 27-7-40, RELATING TO THE CREATION AND SEVERANCE OF A JOINT TENANCY, SO AS TO CLARIFY THAT A JOINT TENANCY WITH A RIGHT OF SURVIVORSHIP IN REAL ESTATE MAY TRANSFER HIS INTEREST WITHOUT JOINDER OF THE OTHER JOINT TENANTS.
Referred to Committee on Judiciary
H. 4155 (Word version) -- Reps. Knotts and Whatley: A BILL TO ENACT THE "SOUTH CAROLINA OMNIBUS ENVIRONMENTAL PENALTIES ACT" INCLUDING PROVISIONS; TO AMEND SECTION 11-35-4220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEBARMENT OR SUSPENSION FROM CONSIDERATION FOR AWARD OF CONTRACTS UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT A CONVICTION FOR A CRIMINAL VIOLATION OF AN ENVIRONMENTAL LAW OF THIS STATE OR ANY OTHER STATE OR OF A FEDERAL ENVIRONMENTAL LAW AS A CAUSE FOR DEBARMENT OR SUSPENSION; TO AMEND SECTION 16-11-700, AS AMENDED, RELATING TO THE OFFENSE OF LITTERING, SO AS TO DISTINGUISH LITTERING FOR COMMERCIAL AND NONCOMMERCIAL PURPOSES AND TO INCREASE PENALTIES FOR CERTAIN LITTERING VIOLATIONS; TO AMEND CHAPTER 11, TITLE 16, RELATING TO THE PROTECTION OF PROPERTY, BY ADDING SECTION 16-11-705 SO AS TO PROVIDE DEFINITIONS RELATING TO AND FOR THE PURPOSE OF ENFORCING ENVIRONMENTAL LAWS, TO PROVIDE FOR ASSIMILATION OF FEDERAL ENVIRONMENTAL LAWS AS THE LAW OF THIS STATE FOR PURPOSES OF STATE ENFORCEMENT OF FEDERAL ENVIRONMENTAL LAWS IN THIS STATE, TO PROVIDE THAT A PERSON WHO NEGLIGENTLY VIOLATES ANY PROVISION OF AN ENVIRONMENTAL LAW WHOSE ACTS OR OMISSIONS DO NOT CAUSE CONTAMINATION, POLLUTION, OR HARM TO THE ENVIRONMENT OF THIS STATE IS GUILTY OF A MISDEMEANOR, TO FURTHER PROVIDE THAT IF A PERSON'S NEGLIGENT VIOLATION OF AN ENVIRONMENTAL LAW CAUSES OR CONTRIBUTES TO SERIOUS BODILY INJURY OR DEATH TO ONE OR MORE PERSONS, OR TO DOMESTIC ANIMALS, WILDLIFE, FISH, BIRDS, OR PLANTS IN THIS STATE HE IS GUILTY OF A FELONY, TO PROVIDE THAT A PERSON WHO KNOWINGLY, INTENTIONALLY, OR RECKLESSLY VIOLATES ANY PROVISION OF AN ENVIRONMENTAL LAW WHOSE ACTS OR OMISSIONS CAUSE OR CONTRIBUTE TO CONTAMINATION, POLLUTION, OR HARM TO THE ENVIRONMENT OF THIS STATE, OR CAUSES OR CONTRIBUTES TO SERIOUS BODILY INJURY, OR DEATH TO ONE OR MORE PERSONS, OR TO DOMESTIC ANIMALS, WILDLIFE, FISH, BIRDS, OR PLANTS IN THIS STATE, IS GUILTY OF A FELONY, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; TO AMEND CHAPTER 1, TITLE 44, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BY ADDING SECTION 44-1-115 SO AS TO FURTHER PROVIDE FOR THE DUTIES OF THE BOARD OF HEALTH AND ENVIRONMENTAL CONTROL IN CONNECTION WITH HOLDING RESPONSIBLE PERSONS ACCOUNTABLE FOR ENVIRONMENTAL POLLUTION AND TO PROVIDE FOR INVESTIGATIONS OF PERSONS APPLYING FOR OR HOLDING PERMITS ISSUED UNDER CERTAIN ENVIRONMENTAL PROTECTION LAWS OF THIS STATE; TO AMEND CHAPTER 1, TITLE 44, RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BY ADDING SECTION 44-1-290 SO AS TO PROVIDE THAT THE DEPARTMENT MUST INVESTIGATE AND MAINTAIN A COMPLETE RECORD OF EVERY KNOWN CIVIL AND CRIMINAL VIOLATION OF AN ENVIRONMENTAL LAW IN THIS STATE AND MUST PUBLISH AN INDEX OF ALL RECORDS OF ALL CIVIL AND CRIMINAL VIOLATIONS OF ENVIRONMENTAL LAWS THAT OCCUR IN THIS STATE, AND PROVIDE THAT THE ATTORNEY GENERAL MUST FURNISH CERTAIN INFORMATION TO THE DEPARTMENT; TO AMEND SECTION 44-55-20, AS AMENDED, RELATING TO DEFINITIONS USED IN THE STATE SAFE DRINKING WATER ACT, BY AMENDING THE DEFINITION OF "PERSON" SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 44-55-80, AS AMENDED, RELATING TO UNLAWFUL ACTS UNDER THE STATE SAFE DRINKING WATER ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF CERTAIN POLLUTANTS, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE STATE SAFE DRINKING WATER ACT; TO AMEND SECTION 44-55-90, AS AMENDED, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE STATE SAFE DRINKING WATER ACT, SO AS TO REVISE THE PENALTIES, CHANGE THE CLASSIFICATION OF CERTAIN VIOLATIONS OF THE STATE SAFE DRINKING WATER ACT FROM MISDEMEANOR VIOLATIONS TO FELONY VIOLATIONS AND TO FURTHER PROVIDE FOR THE OFFENSE AND PENALTY FOR KNOWING ENDANGERMENT; TO AMEND SECTION 44-56-20, AS AMENDED, RELATING TO DEFINITIONS USED IN THE HAZARDOUS WASTE MANAGEMENT ACT, BY ADDING DEFINITIONS OF "KNOWING" AND "KNOWINGLY", "PERSON", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 44-56-130, RELATING TO UNLAWFUL ACTS UNDER THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH CERTAIN COURT ORDERS, AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF CERTAIN POLLUTANTS, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE HAZARDOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-56-140, RELATING TO CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THE HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO REVISE AND PROVIDE METHODS FOR INVOKING CIVIL PENALTIES, PROVIDE REVISED PENALTIES FOR PERSONS AND RESPONSIBLE PARTIES WHO VIOLATE MISDEMEANOR PROVISIONS OF THE ACT, PROVIDE THAT A KNOWING VIOLATION OF THE ACT THAT ENDANGERS ANOTHER IS A FELONY, AND TO PROVIDE PENALTIES FOR THE OFFENSES OF KNOWINGLY WITHHOLDING OR DESTROYING CERTAIN INFORMATION, MAKING FALSE STATEMENTS, OR ALTERING RECORDS AND FOR THE FELONY OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 44-93-20, RELATING TO DEFINITIONS USED IN THE INFECTIOUS WASTE MANAGEMENT ACT, BY AMENDING THE DEFINITION OF "PERSON" SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 44-93-140, RELATING TO UNLAWFUL ACTS UNDER THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON TO FAIL TO COMPLY WITH CERTAIN DEPARTMENTAL OR COURT ORDERS, AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF INFECTIOUS WASTE, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE INFECTIOUS WASTE MANAGEMENT ACT; TO AMEND SECTION 44-93-150, RELATING TO PENALTIES PERTAINING TO THE INFECTIOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE FOR CIVIL ENFORCEMENT REMEDIES, REVISE THE CRIMINAL PENALTIES, CHANGE THE CLASSIFICATION OF CERTAIN VIOLATIONS OF THE INFECTIOUS WASTE MANAGEMENT ACT FROM MISDEMEANOR VIOLATIONS TO FELONY VIOLATIONS, AND TO FURTHER PROVIDE FOR THE OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 48-1-10, RELATING TO DEFINITIONS USED IN THE POLLUTION CONTROL ACT, BY AMENDING THE DEFINITION OF "PERSON" SO AS TO INCLUDE DIRECTORS, OFFICERS, AND EMPLOYEES OF LEGAL ENTITIES AND BY ADDING DEFINITIONS FOR "KNOWING" OR "KNOWINGLY", "RESPONSIBLE PARTY", AND "SERIOUS BODILY INJURY"; TO AMEND SECTION 48-1-320, RELATING TO PENALTIES PERTAINING TO THE POLLUTION CONTROL ACT, SO AS TO REVISE AND PROVIDE METHODS FOR INVOKING CIVIL PENALTIES, PROVIDE REVISED PENALTIES FOR PERSONS AND RESPONSIBLE PARTIES WHO VIOLATE MISDEMEANOR PROVISIONS OF THE ACT, PROVIDE THAT A KNOWING VIOLATION OF THE ACT THAT ENDANGERS ANOTHER IS A FELONY, AND TO PROVIDE PENALTIES FOR THE OFFENSES OF KNOWINGLY WITHHOLDING OR DESTROYING CERTAIN INFORMATION, MAKING FALSE STATEMENTS, OR ALTERING RECORDS AND FOR THE FELONY OFFENSE OF KNOWING ENDANGERMENT; TO AMEND SECTION 48-1-340, RELATING TO FALSE STATEMENTS AND REPRESENTATIONS AND TAMPERING WITH MONITORING DEVICES AND METHODS, SO AS TO DELETE CERTAIN OBSOLETE LANGUAGE AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO MAKE FALSE MATERIAL STATEMENTS, DESTROY, ALTER, OR CONCEAL CERTAIN RECORDS, WITHHOLD CERTAIN INFORMATION RELATING TO DANGER TO THE PUBLIC HEALTH OR SAFETY, TRANSPORT, TREAT, STORE OR DISPOSE OF INFECTIOUS WASTE, OR PLACE ANOTHER PERSON IN IMMINENT DANGER OR DEATH OR SERIOUS BODILY INJURY BY A VIOLATION OF THE POLLUTION CONTROL ACT; AND TO PROVIDE CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF TITLES 13, 16, 44, 47, 48, AND 49 OF THE CODE.
Rep. WHATLEY asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. DAVENPORT objected.
Referred to Committee on Judiciary
Rep. TROTTER moved that the House do now adjourn, which was agreed to.
The Senate returned to the House with concurrence the following:
H. 4123 (Word version) -- Reps. J. R. Smith, Clyburn, Perry, Sharpe and D. C. Smith: A CONCURRENT RESOLUTION TO COMMEND USC - AIKEN, ITS FACULTY, STAFF, STUDENTS, ORGANIZERS, AND SUPPORTERS FOR ITS MANY CONTRIBUTIONS TO THE STATE OF SOUTH CAROLINA AND THE CITIZENS OF OUR STATE ON THE OCCASION OF ITS FORTIETH ANNIVERSARY.
H. 4130 (Word version) -- Reps. J. Brown, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Robinson, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. MARIE FRIERSON OF COLUMBIA UPON RECEIVING THE COMMISSIONER'S AWARD FROM THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES IN WASHINGTON, D. C., FOR HER OUTSTANDING LEADERSHIP AND SERVICE IN THE PREVENTION OF CHILD ABUSE AND NEGLECT.
H. 4131 (Word version) -- Reps. J. Young, G. M. Smith, Harvin, G. Brown, Weeks and J. H. Neal: A CONCURRENT RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA UPON THE DEATH OF MR. FRANCIS MARION MOISE, JR., OF SUMTER, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4132 (Word version) -- Reps. Rivers, Bowers, Knotts, Koon and Frye: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE WILLIAM C. ANDERSON, JR., MUNICIPAL JUDGE OF THE CITY OF HAMPTON, FOR HIS DISTINGUISHED THIRTY-FIVE-YEAR CAREER ON THE BENCH UPON HIS RETIREMENT.
H. 4137 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION APPLAUDING THE PEE DEE ACADEMY LADY EAGLES ON THEIR SECOND STRAIGHT SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS AA STATE VOLLEYBALL CHAMPIONSHIP, AND RECOGNIZING THE MULLINS TEAM AND COACH LORIE ANN BAXLEY FOR THEIR COMEBACK FROM THE LOSS OF FIVE SENIORS ON THE 1999 TITLE TEAM TO AN ASTOUNDING UNDEFEATED 19-0 CHAMPIONSHIP RUN IN 2000.
H. 4138 (Word version) -- Reps. Battle and Hayes: A CONCURRENT RESOLUTION TO COMMEND THE PLAYERS, COACHES, AND STAFF OF THE "LADY EAGLES" BASKETBALL TEAM OF PEE DEE ACADEMY FOR THEIR REMARKABLE SEASON AND TO CONGRATULATE THEM ON WINNING THE 2000-2001 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP.
H. 4141 (Word version) -- Reps. Scarborough, Altman, Breeland, R. Brown, Campsen, Chellis, Dantzler, Harrell, Limehouse, Mack, Whatley and Whipper: A CONCURRENT RESOLUTION TO RECOGNIZE RUFUS CALVIN BARKLEY, JR.'S, LIFE AND HIS OUTSTANDING ACHIEVEMENTS AND GENEROUS CONTRIBUTIONS, LEADERSHIP, AND SERVICE TO THE CITY OF CHARLESTON AND TO EXTEND THE DEEPEST SYMPATHY AND SINCERE CONDOLENCES OF THE MEMBERS OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO MR. BARKLEY'S WONDERFUL FAMILY AND IMMEASURABLE NUMBER OF FRIENDS.
At 12:45 p.m. the House, in accordance with the motion of Rep. D. C. SMITH, adjourned in memory of John Duane of North Augusta, to meet at 10:00 a.m. tomorrow.
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