Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rep. GILHAM as follows:
We thank You, Lord God, that You are our Father. Make us to hear at all times Your divine voice which guides, blesses and reassures. Make us to know that we are always under the scrutiny of Your all-seeing eye. Spare us from cleverness above charity, humor above honor. Make us to know that in the daily duties placed in our hands our effectiveness depends on the degree of surrender we make of our self-centered ways to the final control of Your will in which we alone find peace. Hear us, Lord, as we pray to our God more ready to hear our prayers than we are to pray. 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. ALLISON moved that when the House adjourns, it adjourn in memory of former Senator Horace Smith of Spartanburg, which was agreed to.
The following was received:
Columbia, S.C., Tuesday, April 24, 2001
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 484:
S. 484 (Word version) -- Finance Committee: A BILL TO AMEND SECTION 9-17-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYER CONTRIBUTIONS UNDER
Very respectfully,
President
On motion of Rep. KELLEY, the House receded from its amendments, and a message was ordered sent to the Senate accordingly.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3749 (Word version) -- Rep. J. E. Smith: A BILL TO PROVIDE FOR AN ADDITIONAL CLAIMS REPRESENTATIVE IN THE DIVISION OF VETERANS AFFAIRS, OFFICE OF THE GOVERNOR, TO SPECIALIZE IN THE SPECIFIC NEEDS AND DISEASES ASSOCIATED WITH VETERANS OF THE VIETNAM ERA, TO REPRESENT THE DIVISION OF VETERANS AFFAIRS ON THE SOUTH CAROLINA AGENT ORANGE ADVISORY COUNCIL AND ON THE HEPATITIS C COALITION ESTABLISHED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, TO ASSIST THE DIVISION OF VETERANS AFFAIRS IN CARRYING OUT ITS DUTIES IN CONNECTION WITH THE AGENT ORANGE INFORMATION AND ASSISTANCE PROGRAM, TO REPRESENT THE
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3484 (Word version) -- Reps. Knotts, Bingham, Coates, Edge and McGee: A BILL TO AMEND SECTION 40-13-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE REQUIREMENTS FOR COSMETOLOGISTS, ESTHETICIANS, AND NAIL TECHNICIANS, SO AS TO INCREASE THE SKIN CARE CLASS HOURS FROM FOUR HUNDRED AND FIFTY HOURS TO SIX HUNDRED HOURS FOR LICENSURE AS AN ESTHETICIAN AND TO INCREASE THE CLASS HOURS FROM THREE HUNDRED HOURS TO FOUR HUNDRED AND FIFTY HOURS FOR LICENSURE AS A NAIL TECHNICIAN.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3880 (Word version) -- Rep. Cato: A BILL TO AMEND ARTICLE 5, CHAPTER 77, TITLE 38 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REINSURANCE FACILITY AND DESIGNATED PRODUCERS, BY ADDING SECTION 38-77-640 SO AS TO CLARIFY AND FURTHER EXPLAIN THE CRITERIA FOR IMPOSITION OF A SURCHARGE ON LIABILITY INSURANCE PREMIUMS FOR RECOUPMENT OF FACILITY ASSESSMENTS OR LOSSES.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 3932 (Word version) -- Reps. Law, Hinson, Merrill and Dantzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-3-240 SO AS TO EXEMPT FROM THE PUBLIC SERVICE COMMISSION'S REGULATIONS THOSE UTILITY SERVICES, EXCEPT THE PROVISION OF
The following was introduced:
H. 4005 (Word version) -- Reps. Freeman and Jennings: A CONCURRENT RESOLUTION TO CONGRATULATE KIMBERLY STARLING OF WALLACE UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. CARNELL, with unanimous consent, the following was taken up for immediate consideration:
H. 4006 (Word version) -- Reps. Carnell, Simrill, Moody-Lawrence, Bowers, Gilham, M. Hines, Hosey, Kirsh, Littlejohn, Lloyd, Lourie, Martin, Meacham-Richardson, Miller, J. M. Neal, Ott, Owens, Riser, Rivers, Rodgers, Scott, Stuart, Thompson, Weeks, Wilder, A. Young, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, 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, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Loftis, Lucas, Mack, McCraw, McGee, McLeod, Merrill, J. H. Neal, Neilson, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Robinson, Rutherford, Sandifer, Scarborough, Sharpe, Sheheen, Sinclair, D. C. Smith,
Whereas, mental health is critical for the well-being and vitality of our families, businesses, and communities; and
Whereas, mental illness will strike one in five Americans in a given year regardless of age, gender, race, ethnicity, religion, or economic status; and
Whereas, one in five children suffers from a diagnosable mental or emotional disorder, and one in ten has a serious disorder which, if untreated, can lead to school failure, addiction, and even suicide; and
Whereas, mental disorders, collectively, make mental illness the most prevalent health problem in America today - more common than cancer, lung, and heart disease combined; and
Whereas, the South Carolina Department of Mental Health observes Mental Health Month each year in May to raise awareness of mental health, mental illnesses, and insurance discrimination against people with mental illnesses. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of South Carolina hereby proclaims the month of May 2001 as Mental Health Month in South Carolina and calls upon all citizens, government agencies, public and private institutions, businesses, and schools in our State to increase awareness and understanding of mental illnesses and the need for appropriate and accessible services for all people with mental illnesses.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4007 (Word version) -- Reps. Moody-Lawrence, Delleney, Kirsh, McCraw, Meacham-Richardson and Simrill: A CONCURRENT RESOLUTION TO EXPRESS THE HEARTY CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE 2000-2001 MEN'S BASKETBALL TEAM AT WINTHROP UNIVERSITY FOR AN OUTSTANDING SEASON AND CONTINUED EXCELLENCE OVER THE PAST THREE BASKETBALL SEASONS AND TO RECOGNIZE THE WINTHROP "EAGLES" RETURN TO THE NATIONAL COLLEGIATE ATHLETIC ASSOCIATION'S CHAMPIONSHIP TOURNAMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4008 (Word version) -- Rep. Neilson: A CONCURRENT RESOLUTION TO CONGRATULATE SYLVIA WALLACE OF DARLINGTON UPON HER RECEIPT OF THE GOLD AWARD, THE HIGHEST AWARD THAT A GIRL CAN ACHIEVE IN GIRL SCOUTING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. MOODY-LAWRENCE, with unanimous consent, the following was taken up for immediate consideration:
H. 4009 (Word version) -- Reps. Moody-Lawrence, Delleney, Kirsh, McCraw, Meacham-Richardson and Simrill: A HOUSE RESOLUTION TO
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives is extended to the 2000-2001 Men's Basketball Team of Winthrop University, coaches and other school officials on Thursday, May 3, 2001, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on their outstanding season and continued excellence over the past three basketball seasons.
The Resolution was adopted.
The Senate sent to the House the following:
S. 619 (Word version) -- Senator Matthews: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR JAMES B. HUNT, JR., A NATIVE OF GREENVILLE, SOUTH CAROLINA, FOR HIS LIFETIME OF ACCOMPLISHMENTS AS A DIRECTOR, EDUCATOR, AND STUDENT OF MUSIC.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 620 (Word version) -- Senators Patterson and Jackson: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO BISHOP C. L. LORICK, SR., PASTOR OF REHOBOTH UNITED CHURCH (APOSTOLIC) IN RICHLAND
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 621 (Word version) -- Senators Matthews, Anderson, Ford, Glover, Jackson, Patterson and Pinckney: A CONCURRENT RESOLUTION EXTENDING THE WARMEST WELCOME OF THE SOUTH CAROLINA GENERAL ASSEMBLY TO THE LEGISLATIVE DELEGATION FROM KATSINA STATE IN NIGERIA, AND OFFERING THEM THE GIFT OF OUR FRIENDSHIP AND THE BENEFIT OF OUR EXPERIENCE AS THEY OBSERVE AND LEARN FROM OUR LEGISLATIVE PROCESS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4010 (Word version) -- Rep. J. R. Smith: A CONCURRENT RESOLUTION TO COMMEND PHILIP A. "PHIL" KENT OF AUGUSTA, EDITORIAL WRITER, EDITORIAL PAGE EDITOR, AND POLITICAL COLUMNIST FOR THE AUGUSTA CHRONICLE FOR HIS DISTINGUISHED CAREER AT THE CHRONICLE AS HE LEAVES HIS POSITION TO BECOME PRESIDENT OF SOUTHEASTERN LEGAL FOUNDATION, AN ATLANTA-BASED LAW FIRM AND POLICY CENTER.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4011 (Word version) -- Rep. Leach: A BILL TO AMEND SECTION 31-6-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "REDEVELOPMENT PROJECT" UNDER THE TAX INCREMENT FINANCING LAW, SO AS TO AUTHORIZE A REDEVELOPMENT TO BE LOCATED OUTSIDE OF THE REDEVELOPMENT AREA IF A MUNICIPALITY MAKES SPECIFIC FINDINGS OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-6-70, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY PROVIDING FOR THE APPROVAL OF A REDEVELOPMENT PLAN, SO AS TO LENGTHEN FROM FIVE TO TEN YEARS THE PERIOD WITHIN WHICH A MUNICIPALITY MAY ISSUE OBLIGATIONS TO FINANCE A REDEVELOPMENT PROJECT AND TO AUTHORIZE OBLIGATIONS TO BE ISSUED SUBSEQUENT TO THE INITIAL TEN-YEAR PERIOD; AND TO AMEND SECTION 31-6-80, AS AMENDED, RELATING TO APPROVAL OF A REDEVELOPMENT PLAN AND ADOPTION OF AN ORDINANCE, SO AS TO REQUIRE A MUNICIPALITY TO MAKE A SPECIFIC FINDING OF BENEFIT TO THE REDEVELOPMENT PROJECT AREA AND PROVIDE WRITTEN NOTICE TO THE AFFECTED TAXING DISTRICT IF THE PROJECT OR A PORTION OF IT IS LOCATED OUTSIDE OF THE REDEVELOPMENT PROJECT AREA.
Referred to Committee on Ways and Means
H. 4012 (Word version) -- Reps. Knotts, Whatley, Wilkins, Allison, Barfield, Gilham, Keegan, Kelley, Klauber, Littlejohn, Lloyd, Lourie, Martin, Meacham-Richardson, J. M. Neal, Ott, Owens, Riser, Rodgers, Sandifer, Snow, Stuart, Taylor, Thompson, Weeks and A. Young: 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
H. 4013 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-27-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "INSURED WORKER" UNDER THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT THIS TERM IS DEPENDENT UPON PAYMENT OF WAGES IN AT LEAST TWO QUARTERS RATHER THAN UPON THE AMOUNT OF WAGES PAID IN A SPECIFIED PERIOD; TO AMEND SECTION 41-27-370, AS AMENDED, RELATING TO THE DEFINITION OF "UNEMPLOYED", SO AS TO PROVIDE THAT IF AN INDIVIDUAL HAS MADE ANY CONTRIBUTIONS TO A RETIREMENT OR OTHER TYPE PLAN THERE MUST NOT BE A REDUCTION IN THE WEEKLY BENEFIT AMOUNT PAYABLE TO THE INDIVIDUAL; TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT BENEFIT PAYMENTS WHICH MAY NOT BE CHARGED TO A FORMER EMPLOYER, SO AS TO CLARIFY THAT SUCH PAYMENTS MAY NOT BE CHARGED IF THE PERSON LEFT EMPLOYMENT FOR GOOD CAUSE NOT CONNECTED WITH THE EMPLOYMENT; TO AMEND SECTION 41-41-20, RELATING TO THE SUSPENSION OF BENEFITS TO A CLAIMANT WHO MADE A FALSE STATEMENT OR FAILED TO DISCLOSE A MATERIAL FACT WHEN FILING A CLAIM, SO AS TO AUTHORIZE THE EMPLOYMENT SECURITY COMMISSION TO PENALIZE THE CLAIMANT BY WITHHOLDING FUTURE BENEFITS HE MAY BECOME ENTITLED TO; AND TO AMEND SECTION 41-41-40, AS AMENDED, RELATING TO RECOVERY OF BENEFITS PAID TO A PERSON NOT ENTITLED TO RECEIVE THEM, SO AS TO ESTABLISH CIRCUMSTANCES UNDER WHICH THE COMMISSION MAY WAIVE REPAYMENT OF OVERPAID BENEFITS AND TO REQUIRE A PERSON WHO RECEIVED BENEFITS IN ANOTHER STATE TO WHICH HE WAS NOT ENTITLED TO PAY THE COMMISSION FOR THESE
H. 4014 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 41-29-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT STABILIZATION, SO AS TO REQUIRE EMPLOYERS TO MAKE CERTAIN EMPLOYMENT INFORMATION AND REPORTS AVAILABLE TO THE EMPLOYMENT SECURITY COMMISSION AND TO RESTRICT THE INFORMATION AND REPORTS FOR CERTAIN USES; TO AMEND SECTION 41-29-170, AS AMENDED, RELATING TO INFORMATION ALLOWED TO BE DISCLOSED IN THE ADMINISTRATION OF THE EMPLOYMENT SECURITY LAW, SO AS TO REVISE PROVISIONS PERTAINING TO AGENCIES TO WHOM SUCH INFORMATION MAY BE DISCLOSED; TO AMEND SECTIONS 41-35-640, 41-35-660, AND 41-35-680, ALL RELATING TO APPEALS PROCEDURES FROM A DECISION OF THE COMMISSION, SO AS TO SPECIFY THAT DETERMINATIONS AND DECISIONS OF THE COMMISSION MUST BE MAILED TO THE PARTY, RATHER THAN MAILED OR DELIVERED TO THE PARTY; AND TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO PROCEDURES TO OBTAIN JUDICIAL REVIEW OF A DECISION OF THE COMMISSION, SO AS TO CONFORM THESE PROCEDURES TO THE SOUTH CAROLINA ADMINISTRATIVE PROCEDURES ACT AND THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
Referred to Committee on Labor, Commerce and Industry
H. 4015 (Word version) -- Reps. Breeland, Whipper, Harrell, Weeks, Limehouse, Allison, Bowers, R. Brown, Dantzler, Emory, Gourdine, J. Hines, M. Hines, Hosey, Law, Lloyd, Mack, Meacham-Richardson, Miller, J. M. Neal, Rivers, Scarborough, Snow and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-693 SO AS TO DESIGNATE PORGY AND BESS AS THE OFFICIAL OPERA OF THIS STATE AND TO PROVIDE THAT COPYRIGHTED OR PROPRIETARY MATERIAL
H. 4018 (Word version) -- Reps. Stille, Carnell and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-709 SO AS TO DESIGNATE THE HISTORIC ABBEVILLE OPERA HOUSE IN ABBEVILLE, SOUTH CAROLINA, AS THE OFFICIAL STATE RURAL DRAMA THEATER.
On motion of Rep. STILLE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4019 (Word version) -- Rep. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-27 SO AS TO PROVIDE THAT ALL LEGISLATION CONSIDERED BY THE GENERAL ASSEMBLY MUST BE DRAFTED SO THAT A PERSON WITH A HIGH SCHOOL EDUCATION CAN CLEARLY UNDERSTAND IT.
Referred to Committee on Education and Public Works
H. 4020 (Word version) -- Reps. Frye and Parks: A BILL TO AUTHORIZE THE SCHOOL DISTRICT OF SALUDA COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS AND TO PROVIDE A WAIVER OF THESE FEES UNDER CERTAIN CONDITIONS.
On motion of Rep. PARKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4016 (Word version) -- Reps. Coates and McGee: A HOUSE RESOLUTION TO CONGRATULATE THE FLORENCE CHRISTIAN SCHOOL BOYS BASKETBALL TEAM FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP.
The Resolution was adopted.
On motion of Rep. MCGEE, with unanimous consent, the following was taken up for immediate consideration:
H. 4017 (Word version) -- Reps. Coates and McGee: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS, COACHES, AND STAFF OF THE FLORENCE CHRISTIAN SCHOOL BOYS BASKETBALL TEAM ON MAY 3, 2001, AT A TIME TO BE DETERMINED BY THE SPEAKER, IN ORDER TO CONGRATULATE THEM FOR WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, extend the privilege of the floor of the House of Representatives to the members, coaches, and staff of the Florence Christian School boys basketball team on May 3, 2001, at a time to be determined by the Speaker, in order to congratulate them for winning the South Carolina Independent School Association Class AAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 4021 (Word version) -- Rep. Lourie: A CONCURRENT RESOLUTION TO COMMEND OVERTON G. "TONY" GANONG OF COLUMBIA, UPON HIS RETIREMENT, FOR HIS YEARS OF INSPIRED SERVICE TO THE STATE AND ITS CITIZENS AS THE EXECUTIVE DIRECTOR OF THE STATE MUSEUM AND TO EXPRESS THE DEEP GRATITUDE OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT THE STATE MUSEUM, UNDER HIS LEADERSHIP, HAS BECOME A CATALYST FOR THE CULTURAL AND EDUCATIONAL DEVELOPMENT OF OUR STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Bales Barfield Barrett Battle Bingham Bowers Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Dantzler Davenport Delleney Edge Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Robinson Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Snow Stille Stuart Talley Taylor Thompson Townsend Trotter Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Witherspoon Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, April 25.
Doug Smith Bill Cotty H.B. "Chip" Limehouse James Law Harry Askins Todd Rutherford Richard Quinn Jerry Govan Michael Easterday Daniel Tripp
The SPEAKER granted Rep. KENNEDY a leave of absence for yesterday and today due to a death in the family and being out of town visiting a sick aunt.
Reps. JENNINGS and FREEMAN presented to the House the Marlboro County High School Varsity Men's Basketball Team, the 2001 Class AAAA State Champions, their coaches and other school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and 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. 3163 (Word version)
Date: ADD:
04/25/01 SIMRILL
Bill Number: H. 3163 (Word version)
Date: ADD:
04/25/01 J. E. SMITH
Bill Number: H. 3163 (Word version)
Date: ADD:
04/25/01 HARRELL
Bill Number: H. 3695 (Word version)
Date: ADD:
04/25/01 LOURIE
Bill Number: H. 3755 (Word version)
Date: ADD:
04/25/01 MCLEOD
Bill Number: H. 3872 (Word version)
Date: ADD:
04/25/01 HINSON
Bill Number: H. 3093 (Word version)
Date: ADD:
04/25/01 EASTERDAY
Bill Number: H. 3447 (Word version)
Date: ADD:
04/25/01 SIMRILL
Bill Number: H. 3163 (Word version)
Date: ADD:
04/25/01 HARVIN
Bill Number: H. 3719 (Word version)
Date: REMOVE:
04/25/01 TALLEY
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 3976 (Word version) -- Reps. Coates, J. Hines, Askins and McGee: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR FLORENCE COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR FLORENCE COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, PROVIDE FOR THE COMPENSATION OF MEMBERS OF THE COMMISSION, THE ORGANIZATION OF THE COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE FLORENCE COUNTY ELECTION COMMISSION AND THE FLORENCE COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW FLORENCE COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE, PROVIDE FOR REMOVAL OF COMMISSIONS UNDER CERTAIN CONDITIONS, AND TO DIRECT THE CODE COMMISSIONER TO MAKE CORRECTIONS TO CERTAIN REFERENCES IN THE CUMULATIVE SUPPLEMENT TO THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
H. 3777 (Word version) -- Rep. Robinson: A BILL TO AMEND CHAPTER 10, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENTERPRISE ZONE ACT, BY ADDING SECTION 12-10-95 SO AS TO PROVIDE FOR A WITHHOLDING CREDIT FOR RETRAINING OF A PRODUCTION OR TECHNOLOGY EMPLOYEE; TO AMEND SECTION 12-2-25, RELATING TO TREATMENT OF A SINGLE-MEMBER LIABILITY COMPANY AND A GRANTOR TRUST FOR PURPOSES OF SOUTH CAROLINA INCOME TAX, SO AS TO INCLUDE A "QUALIFIED SUBCHAPTER 'S' SUBSIDIARY" AS AN ENTITY THAT IS NOT REGARDED SEPARATELY FROM ITS OWNER OR GRANTOR; TO AMEND SECTIONS 12-6-40, AS AMENDED, AND 12-6-50, BOTH RELATING TO APPLICATION AND ADOPTION OF THE FEDERAL INTERNAL REVENUE CODE TO STATE TAX LAWS, SO AS TO CLARIFY THE MEANINGS OF CERTAIN TERMS IN THE APPLICATION OF THE PROVISIONS AND TO EXCLUDE ADDITIONAL PROVISIONS CONCERNING THE TAXATION OF FOREIGN INCOME; TO AMEND SECTION 12-6-2210, RELATING TO MEASUREMENT OF THE ENTIRE NET INCOME OF A TAXPAYER, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 12-6-3330, RELATING TO THE DEFINITION OF "SOUTH CAROLINA EARNED INCOME" FOR PURPOSES OF THE TWO WAGE EARNER CREDIT, SO AS TO REFINE CITATIONS TO THE INTERNAL REVENUE CODE; TO AMEND SECTION 12-6-3410, RELATING TO DEFINITIONS FOR PURPOSES OF THE CORPORATE INCOME TAX CREDIT FOR
H. 3116 (Word version) -- Reps. Keegan, Altman, Whatley, Owens, Whipper, Robinson, Bowers and Knotts: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO INCREASE FROM FIVE DOLLARS A DAY TO TEN DOLLARS A DAY THE SUBSISTENCE ALLOWANCE DEDUCTION ALLOWED FEDERAL, STATE, AND
H. 3663 (Word version) -- Reps. Wilkins and Bowers: A BILL TO AMEND SECTION 12-16-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA ESTATE TAX ACT, SO AS TO PROVIDE FOR THE ORDER IN WHICH FEDERAL ESTATE TAX CREDITS ARE APPLIED FOR PURPOSES OF DETERMINING A STATE ESTATE TAX LIABILITY.
H. 3900 (Word version) -- Reps. Vaughn, Kirsh, J. R. Smith, Koon, Dantzler, Davenport, Edge, Harvin, Keegan, Rivers and Bowers: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO INCLUDE AN EXEMPTION FOR MEALS OR FOODSTUFFS THAT ARE PREPARED OR PACKAGED THAT ARE SOLD TO PUBLIC OR NONPROFIT ORGANIZATIONS FOR CONGREGATE OR IN-HOME SERVICE TO THE HOMELESS OR NEEDY OR DISABLED ADULTS OVER EIGHTEEN YEARS OF AGE OR INDIVIDUALS OVER THE AGE OF SIXTY AND TO APPLY THIS EXEMPTION ONLY TO MEALS AND FOODSTUFFS ELIGIBLE FOR PURCHASE UNDER THE FEDERAL FOOD STAMP PROGRAM.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Wednesday, May 2, 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 Joint Resolution was taken up, read the second time, and ordered to a third reading:
S. 593 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY MISSED BY STUDENTS OF ORCHARD PARK ELEMENTARY SCHOOL OF THE SCHOOL DISTRICT OF OCONEE COUNTY ON APRIL 9, 2001, BECAUSE OF A BROKEN WATER LINE AND WORK RELATED THERETO ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN PROVIDING THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
The following Bill was taken up:
H. 3560 (Word version) -- Rep. Edge: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY AND CONVEYANCES BY ADDING CHAPTER 42 ENACTING THE "SOUTH CAROLINA VACATION RENTAL ACT" SO AS TO REGULATE THE BUSINESS OF RENTAL MANAGEMENT OF VACATION TIME RENTAL PROPERTY, TO PROVIDE DEFINITIONS AND EXCEPTIONS WITH REGARD TO THIS REGULATION, TO PROVIDE FOR THE STATUS OF VACATION RENTALS ON TRANSFERRED PROPERTY, TO PROHIBIT A COUNTY OR MUNICIPALITY FROM BANNING VACATION RENTALS EXCEPT PURSUANT TO SPECIFIC AUTHORIZATION FOR SUCH BANS ENACTED BY THE GENERAL ASSEMBLY BY GENERAL LAW, AND TO PROVIDE THAT A TENANT IN POSSESSION OF PROPERTY UNDER A VACATION RENTAL IS SUBJECT TO A MANDATORY EVACUATION ORDER.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10215HTC01), which was adopted:
Amend the bill, as and if amended, by striking Section 27-42-20(B)(2), as contained in SECTION 1, page 2, and inserting:
/ (2) any vacation timesharing accommodation as defined by Section 27-32-10(7) and (8);
(3) rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act. /
Amend further, page 2, by striking Section 27-42-30(3) and inserting:
/ (3) 'Vacation rental' means the lease, sublease, or other rental of residential property for a period of fewer than ninety days, except that it does not include rental of residential property on a weekly or monthly basis pursuant to Chapter 40 of this title, the South Carolina Residential Landlord and Tenant Act. /
Amend further, in Section 27-42-50(B), page 3, by inserting immediately after /date/ on line 41 / of / so that when amended, Section 27-42-50(B) reads:
/ (B) Before ratification of any contract of sale, the grantor shall disclose to the grantee in writing all future time periods that the property is subject to a vacation rental. Not later than fourteen consecutive days after entering into a contract of sale or transfer of interest, whichever is earlier, the grantor shall disclose in writing to the rental management company the grantee's name and address. Not later than fourteen consecutive days after the date of the transfer of interest, the grantor shall disclose in writing to the rental management company the grantee's name, address, and date the transfer of interest was recorded. The failure of a grantor or grantee to comply with the provisions of this section constitutes an unfair trade practice in violation of Chapter 5 of Title 39. Action may not be brought against an owner or rental management company by a tenant for any damages or injuries that occur as a result of property defects of which an owner or rental management company had no actual knowledge. /
Amend further, page 4, by striking Sections 27-42-60 and 27-42-70 and inserting:
/ Section 27-42-60. If state or local authorities order a mandatory evacuation of an area that includes a residential property subject to a vacation rental, the tenant in possession of the property shall comply with the evacuation order. /
Renumber sections to conform.
Amend title to conform.
Rep. EDGE explained the amendment.
The amendment was then adopted.
/ (1) lodging provided by hotels, motels, tourist camps, or campgrounds subject to regulation under Title 45, including hotels, motels, or condominiums with multiple owners owning and managing individual units or groups of units that rent units on a daily basis or longer, and provide a front desk or office for customer service, or provide a centralized telephone system, or provide housekeeping services at no additional charge; /
Amend further, as and if amended, in Section 27-42-30(4), as contained in SECTION 1, page 2, by adding on line 27 / This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles. /
Amend further, as and if amended, Section 27-42-30(5), as contained in SECTION 1, page 2, by adding on line 31, / This definition includes electronically transmitted agreements, including, but not limited to, agreements entered into over the internet and electronic facsimiles. /
Amend further, as and if amended, beginning on page 2, by striking Section 27-42-40(A) and (B) and inserting:
/(A) An owner or rental management company and tenant shall use a written vacation rental agreement for all vacation rentals subject to the provisions of this chapter. No vacation rental agreement is valid and enforceable unless the tenant has accepted the agreement as evidenced by at least one of the following:
(1) the tenant's signature on the vacation rental agreement, including electronic signatures transmitted over the internet or other similar medium;
(2) the tenant's payment of any monies towards the vacation rental agreement;
(3) the tenant's taking possession of the property subject to the vacation rental agreement.
(B) A rental management company in a vacation rental agreement shall place in a trust account conforming with the requirements of Section 40-57-135(B) any monies received from the tenant. The rental management company may require the tenant to pay all or part of any required rent, security deposit, or other fees in advance of the tenancy. The terms of these advanced payments, which
Rep. EDGE explained the amendment.
The amendment was then adopted.
Rep. EDGE explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3718 (Word version) -- Reps. Kelley, Allison, Barfield, Barrett, Edge, Frye, Keegan, Kirsh, Knotts, Koon, Leach, Loftis, Riser, Robinson, Sandifer, Snow, Trotter, Vaughn, Walker, Webb, Whatley, White, A. Young, Bowers and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 SO AS TO ENACT THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM AND PROVIDE FOR ITS OPERATION; AND TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE, SO AS TO EXEMPT PARTICIPANTS IN THE LAW ENFORCEMENT OFFICER RETENTION INCENTIVE PROGRAM.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10183HTC01), which was adopted:
Amend the bill, as and if amended, in Section 9-11-810(A) as contained in SECTION 1, page 1, by inserting before /who/ on line 31 /, other than an elected official, / so that when amended, Section 9-11-810(A) reads:
/ (A) An active contributing member, other than an elected official, who is eligible for service retirement under this chapter and complies with the requirements of this article may participate in the Law Enforcement Officer Retention Incentive Program (program) when offered this employment program by an employer participating in the system. Eligibility for participation occurs upon mutual agreement of the employee and employer. A member participating in this program
Rep. RISER explained the amendment.
The amendment was then adopted.
Reps. KNOTTS and WHATLEY proposed the following Amendment No. 3 (Doc Name BBM\AMEND\10255HTC01), which was tabled:
Amend the bill, as and if amended, in Section 9-11-810, as contained in SECTION 1, page 3, by adding a subsection at the end to read:
/ (I) In the case of an elected official, in lieu of the employer-employee agreement provisions of subsection (A), the official may become a program participant, if otherwise eligible, with the approval of the governing body of the county as evidenced by a council resolution. Notwithstanding the five year maximum program period provided in subsection (A), the maximum program period for an elected official is the lesser of four years or the end of the term of office during which the elected official becomes a program participant./
Renumber sections to conform.
Amend totals and title to conform.
Rep. KNOTTS explained the amendment.
Rep. KELLEY spoke against the amendment.
Rep. ROBINSON spoke in favor of the amendment.
The amendment was then tabled by a division vote of 30 to 23.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3175 (Word version) -- Reps. Clyburn, Wilder, Cobb-Hunter and Whipper: A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR RETIRED CERTIFIED TEACHERS EMPLOYED IN GEOGRAPHIC OR CRITICAL ACADEMIC NEED AREAS, SO AS TO PROVIDE THAT BEGINNING JUNE 1, 2001, ANY RETIRED CERTIFIED SCHOOL DISTRICT EMPLOYEE WHO IS NOT A CERTIFIED TEACHER MAY RETURN TO SUCH CERTIFIED EMPLOYMENT IN A SCHOOL OR SCHOOL DISTRICT WHICH IS IN A CRITICAL GEOGRAPHIC NEED AREA, WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW WITHOUT AFFECTING THE MONTHLY ALLOWANCE HE OR SHE IS RECEIVING FROM THE SYSTEM, AND TO PROVIDE THAT BEGINNING JUNE 1, 2001, A CERTIFIED TEACHER ALSO MAY RETURN TO TEACH IN THE CLASSROOM IN HIS AREA OF CERTIFICATION IN A SCHOOL OR SCHOOL DISTRICT WHICH HAS RECEIVED A "BELOW AVERAGE" OR "UNSATISFACTORY" ACADEMIC PERFORMANCE RATING PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT, OR WHICH HAS BEEN DECLARED "IMPAIRED" AS PROVIDED BY LAW.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\ 10202HTC01):
Amend the bill, as and if amended, by striking Section 9-1-1795(D), as contained in SECTION 1, page 2, and inserting:
/ (D) Beginning July 1, 2001, any retired certified school teacher or certified employee may be employed in a school or school district
Rep. RISER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. RISER having the floor.
Rep. RISER moved that the House recur to the Morning Hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4022 (Word version) -- Reps. Martin and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-70 SO AS TO SUSPEND DURING A STATE OF EMERGENCY DECLARED BY THE GOVERNOR AND FOR THIRTY DAYS THEREAFTER THE REGISTRATION, PERMITTING, SIZE, WEIGHT, LOAD, AND TIME OF SERVICE REQUIREMENTS FOR VEHICLES RESPONDING TO THE STATE OF EMERGENCY AND TO PRESCRIBE CERTAIN VEHICULAR AND OPERATIONAL REQUIREMENTS DURING THIS PERIOD.
On motion of Rep. MARTIN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4023 (Word version) -- Reps. Lloyd, McLeod, Bales, Breeland, Cobb-Hunter, Govan, J. H. Neal and Weeks: A BILL TO AMEND TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, BY ADDING CHAPTER 34 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH PERSONS ENROLLED IN HEALTH CARE PLANS SHALL HAVE ACCESS TO INFORMATION REGARDING THEIR PLAN, ACCESS TO HEALTH CARE SERVICES AND PROVIDERS INCLUDING CHOICES AMONG PROVIDERS
H. 4024 (Word version) -- Reps. Gilham, Allison, Battle, Bowers, Hayes, Jennings, Keegan, Kelley, Lloyd, Miller, Rivers, Rodgers, Sinclair, Snow and Webb: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 10 OF TITLE 4 RELATING TO LOCAL OPTION TAXES, SO AS TO AUTHORIZE A COUNTY BY REFERENDUM TO IMPOSE A GASOLINE AND MOTOR FUELS TAX AT A RATE NOT TO EXCEED FIVE CENTS A GALLON FOR ROAD CONSTRUCTION AND ROAD MAINTENANCE IN THE COUNTY AND TO PROVIDE FOR COLLECTION OF THE TAX AND DISTRIBUTION OF THE REVENUE; AND TO AMEND SECTION 12-28-310, RELATING TO THE STATE GASOLINE AND MOTOR FUELS TAX, SO AS TO ALLOW THE LOCAL GASOLINE TAX AUTHORIZED BY THIS ACT.
Referred to Committee on Ways and Means
H. 4025 (Word version) -- Reps. Law and Merrill: A BILL TO AMEND CHAPTER 56, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PYROTECHNIC REGULATION, SO AS TO ENACT THE SOUTH CAROLINA PYROTECHNIC LICENSING AND SAFETY ACT TO PROVIDE FOR THE LICENSURE AND REGULATION OF PERSONS WHO SELL, OFFER TO SELL, OR STORE FIREWORKS, TO FURTHER DELINEATE THE DUTIES OF THE BOARD OF PYROTECHNIC SAFETY, TO ESTABLISH LICENSURE REQUIREMENTS, TO AUTHORIZE AGENTS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND VARIOUS FIRE CHIEFS AND LAW ENFORCEMENT OFFICERS TO INSPECT BUILDINGS IN WHICH FIREWORKS ARE STORED OR SOLD AND TO AUTHORIZE THESE INDIVIDUALS TO CONFISCATE FIREWORKS WHERE VIOLATIONS OCCUR, TO ESTABLISH SAFETY REQUIREMENTS FOR FIREWORKS RETAILERS, WHOLESALERS, AND JOBBERS, TO ESTABLISH FIREWORKS STORAGE AND DISPLAY STANDARDS, TO ESTABLISH
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. RISER having the floor:
H. 3175 (Word version) -- Reps. Clyburn, Wilder, Cobb-Hunter and Whipper: A BILL TO AMEND SECTION 9-1-1795, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE EARNINGS LIMITATION FOR
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10202HTC01), which was adopted:
Amend the bill, as and if amended, by striking Section 9-1-1795(D), as contained in SECTION 1, page 2, and inserting:
/ (D) Beginning July 1, 2001, any retired certified school teacher or certified employee may be employed in a school or school district which is in a critical geographic need area or has received a 'below average' or 'unsatisfactory' academic performance rating pursuant to the Education Accountability Act without penalty from the South Carolina Retirement System. /
Amend title to conform.
Rep. RISER continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 163 (Word version) -- Senators Martin and Reese: A BILL TO AMEND SECTIONS 9-1-1790 AND 9-11-90, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAXIMUM AMOUNT WHICH MAY BE EARNED WITHOUT AFFECTING RETIREMENT BENEFITS BY RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO PERMANENTLY INCREASE THE MAXIMUM FROM TWENTY-FIVE THOUSAND DOLLARS TO FIFTY THOUSAND DOLLARS IN A FISCAL YEAR.
Rep. RHOAD proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\10254HTC01), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. A. Section 9-9-60 of the 1976 Code, as last amended by SECTION 7, Part II, Act 1 of 2001, is further amended to read:
"Section 9-9-60. (1) A member of the system may retire upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to after the execution and filing of the application, he the member desires to be retired, if the member at the time specified for his retirement, the member is no longer in the service of the State, whether as a member of the General Assembly or otherwise, except as provided in Section 9-9-40(3), and has either attained the age of sixty years or completed thirty twenty-eight years of credited service.
(2) Effective July 1, 1989, a retired member shall receive a monthly retirement allowance which is equal to one-twelfth of four and eighty-two hundredths percent of earnable compensation multiplied by the number of years of his credited service prorated for periods less than a year.
(3) A member who has attained the age of seventy and one-half years and has forty twenty-five years of service may retire and draw a retirement benefit while continuing to serve in the General Assembly upon written application to the board setting forth at what time, not more than ninety days before nor more than six months subsequent to
The member must retire at the beginning of an annual session of the General Assembly and his the election to receive his the member's retirement allowance under this system is in lieu of receiving his the constitutionally mandated per diem salary, currently established at ten thousand four hundred dollars for a regular session. This election if made is irrevocable and applies for as long as that person serves thereafter in the General Assembly including service in both regular and extra sessions."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Reps. KNOTTS and PHILLIPS proposed the following Amendment No. 2 (Doc Name COUNCIL\BBM\AMEND\10251HTC01), which was ruled out of order:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. (1) an active contributing member of the South Carolina Retirement System or the South Carolina Police Officers Retirement System who failed to establish any service credit they were eligible to establish as of December 31, 2000, may, through December 31, 2001, establish such credit under the same terms and conditions applicable for establishing such service that applied as of December 31, 2000.
(2) An active contributing member of the South Carolina Retirement System, South Carolina Police Officers Retirement System, or Retirement System for Members of the General Assembly who had service in the select reserves of the armed forces of the United States as of December 31, 2000 through December 31, 2001, may establish that service credit in the same manner and under the same terms and conditions that service in the national guard could be established as of December 31, 2000.
(3) Notwithstanding the general effective date of this act, this section takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. KELLEY raised the Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill under Rule 9.3.
SPEAKER WILKINS stated that the amendment was not germane to the Bill under Rule 9.3. He therefore sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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 Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10221HTC01):
(C) The Domestic Violence Fund shall receive its revenue from that portion of filing fees provided for in Section 8-21-310 in actions for divorce or separate maintenance, and donations, contributions, bequests, or other gifts made to the fund. Contributions to the fund may not be used to supplant existing funds appropriated to the department for domestic violence shelters or grants. Monies in the fund may be carried forward from one fiscal year to the next, and interest earned on monies in the fund must be retained by the fund. /
Amend the bill, further, by deleting SECTION 2 of the bill in its entirety.
Amend the bill, further, Section 8-21-310(11)(a) page 2, line 36 by deleting /ninety/ and inserting /one hundred and ten/ and by deleting /twenty/ and inserting /forty/. So when amended Section 8-21-310(11)(a) reads:
/(a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, seventy dollars. When filing for divorce or separate maintenance, the fee for the first complaint or petition is one hundred ten dollars, forty dollars of which must be remitted to the State Treasurer and credited to the Domestic Violence Fund established pursuant to Section 20-4-160. There is no further fee for filing an amended or supplemental complaint or petition nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which the application is addressed. There is no further fee for entering and filing a verdict, judgment, final decree, or order of dismissal, and enrolling a judgment thereon, for signing, sealing, and issuance of execution, or for entering satisfaction or partial satisfaction on a judgment. /
Amend further, page 3 by striking SECTION 4 and inserting:
/ SECTION 4. This act takes effect ninety days following approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
Reps. RUTHERFORD, SINCLAIR, WEEKS, EASTERDAY, G. M. SMITH, J. YOUNG, KNOTTS, HOWARD, MACK, WHIPPER, HARRELL, ALLEN and HINSON requested debate on the Bill.
The following Bill was taken up:
H. 3885 (Word version) -- Reps. Meacham-Richardson, Simrill, Kirsh and Vaughn: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DEED RECORDING FEES AND SECTION 12-36-2120, RELATING TO EXEMPTIONS FROM SALES TAX, SO AS TO PROVIDE EXEMPTIONS FROM SALES TAX AND DEED RECORDING FEES FOR SALES, EXCHANGES, AND TRANSFERS OF ELECTRIC TRANSMISSION FACILITIES; AND TO AMEND SECTION 12-6-3410, RELATING TO THE CORPORATE INCOME TAX CREDIT FOR CORPORATE HEADQUARTERS, SO AS TO ALLOW CERTAIN LIMITED LIABILITY COMPANIES TO BE TREATED AS CORPORATIONS FOR THIS PURPOSE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10222HTC01), which was adopted:
Amend the bill, as and if amended, by striking Section 12-24-40(15), as contained in SECTION 1, page 1, and inserting:
/ (15) transferring title to facilities for transmitting electricity that is transferred, sold, or exchanged by electrical utilities, municipalities, electric cooperatives, or political subdivisions to a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791(a)) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act; /
Amend further, as and if amended, by striking Section 12-36-2120(59), as contained in SECTION 2, page 1, and inserting:
/ (59) facilities for transmitting electricity that is transferred, sold, or exchanged by electrical utilities, municipalities, electric cooperatives, or political subdivisions to a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C.
/(9) 'corporation', 'corporate', 'company', and 'taxpayer' for purposes of this section also include a limited liability company which is subject to regulation under the Federal Power Act (16 U.S.C. Section 791a) and which is formed to operate or to take functional control of electric transmission assets as defined in the Federal Power Act regardless of whether the limited liability company is treated as a partnership or as a corporation for South Carolina income tax purposes. If treated as a partnership, a limited liability company that qualifies for a credit under this section passes the credit through to its members in proportion to their interests in the limited liability company. Each member's share of the credit is nonrefundable, but is allowed as a credit against any tax under Section 12-6-530 or Section 12-20-50. Each member may carry any unused credit forward as provided in subsection (F). The limited liability company may not carry forward a credit that passes through to its members. /
Amend title to conform.
Rep. MEACHAM-RICHARDSON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3163 (Word version) -- Reps. Wilkins, Campsen, Wilder, Jennings, Coates, Whatley, Cobb-Hunter, Altman, Owens, Lourie, McLeod, Bowers, Robinson, Simrill, J. E. Smith, Harrell and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-3535, SO AS TO ENACT THE "SOUTH CAROLINA HISTORIC REHABILITATION INCENTIVES ACT" WHICH PROVIDES AN INCOME TAX CREDIT FOR EXPENDITURES TO REHABILITATE HISTORIC STRUCTURES, WHICH PROVIDES FOR THE CARRY FORWARD OF UNUSED
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10217HTC01), which was adopted:
Amend the bill, as and if amended, by striking the second paragraph of Section 12-6-3535(B)(3), as contained in SECTION 2, page 3, beginning on line 13, and inserting:
/ 'Rehabilitation expenses' do not include the cost of acquiring or marketing the property, the cost of new construction beyond the volume of the existing building, the value of an owner's personal labor, or the cost of personal property. /
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
Reps. CAMPSEN and WILKINS proposed the following Amendment No. 2 (Doc Name SKB\AMEND\18428SOM01), which was adopted:
Amend the bill, as and if amended, in Section 12-6-3535(A) as contained in SECTION 1, page 1, by striking the sentence beginning on line 35 through line 38 and inserting:
/ For the purposes of this section, 'taxpayer', 'qualified rehabilitation expenditures', and 'certified historic structure' are defined as provided in the Internal Revenue Code Section 47 and the applicable treasury regulations. /
Renumber sections to conform.
Amend 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.
The following Bill was taken up:
H. 3755 (Word version) -- Reps. Wilkins, Harrell, Quinn, W. D. Smith, Campsen, Simrill and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 2-7-130, 2-15-140, AND 11-11-75 SO AS TO PROVIDE THAT A PROVISION ADDING TO, AMENDING, OR REPEALING A PART OF THE GENERAL AND PERMANENT LAW OF THE STATE MUST NOT BE INCLUDED IN THE ANNUAL GENERAL APPROPRIATIONS BILL OR ANY BILL OR JOINT RESOLUTION MAKING SUPPLEMENTAL APPROPRIATIONS, TO CREATE A DIVISION WITHIN THE LEGISLATIVE AUDIT COUNCIL TO CONDUCT EVALUATIONS OF PROGRAMS OF STATE AGENCIES AND DEPARTMENTS TO DETERMINE IF THESE PROGRAMS HAVE OUTLIVED THEIR USEFULNESS OR SHOULD BE CHANGED TO ADDRESS THE PRIORITIES AND NEEDS OF THE CITIZENS THEY AFFECT, PROVIDE FOR A PROCEDURE FOR THE INITIATION OF A REVIEW, AND PROVIDE FOR ITS FINDINGS AFTER A REVIEW HAS BEEN COMPLETED, AND TO REQUIRE THE GOVERNOR IN THE PREPARATION OF THE ANNUAL RECOMMENDED STATE BUDGET TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES AND TO REQUIRE THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE IN THE CONSIDERATION OF THE ANNUAL GENERAL APPROPRIATIONS BILL AND BILLS OR JOINT RESOLUTIONS MAKING SUPPLEMENTAL APPROPRIATIONS TO APPLY "ZERO-BASE" BUDGETING PRINCIPLES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name BBM\AMEND\10219HTC01), which was adopted:
Amend the bill, as and if amended, by striking Section 2-7-130, as contained in SECTION 1, page 2, and inserting:
/Section 2-7-130. There must not be included in the Governor's recommended budget or in the annual general appropriations bill or in any bill or joint resolution making supplemental appropriations a provision:
(1) adding to the general and permanent law of the State;
(2) amending the general and permanent law of the State, not including amendments applying only for the duration of the fiscal year or for the life of the affected appropriation;
(3) repealing any part of the general and permanent law of the State.
The prohibition imposed by this section does not apply to a provision imposing, amending, or repealing a tax. /
Amend further, as and if amended, by striking SECTION 2 and inserting:
/ SECTION 2. Title 2, Chapter 15 of the 1976 Code is amended by adding:
"Section 2-15-140. (A) As used in this section:
(1) 'Agency' means a state agency, board, committee, commission, institution, or other subdivision of state government.
(2) 'Committee' means the committee established pursuant to subsection (B) of this section.
(3) 'Council' means the Legislative Audit Council.
(4) 'Evaluation' means the audit and review conducted by the Legislative Audit Council pursuant to Section 2-15-140(C).
(5) 'Zero-base budget' means an agency budget prepared applying the principles established pursuant to subsection (D) of this section.
(6) 'Zero-Base Budget Review' means the review of an agency's zero-base budget request using the methodology established pursuant to subsection (D) of this section.
(B)(1) There is established the Joint Zero-Base Budget and Agency Evaluation Selection Committee consisting of ten members of the General Assembly as follows:
(a) three members of the House Ways and Means Committee, appointed by that committee's chairman;
(b) three members of the Senate Finance Committee, appointed by that committee's chairman;
(c) two members of the House of Representatives who do not serve on the Ways and Means Committee, appointed by the Speaker of the House; and
(d) two members of the Senate who do not serve on the Finance Committee, appointed by the President Pro Tempore of the Senate.
Members serve ex officio and shall serve for terms coterminous with their legislative terms. Vacancies must be filled in the manner of original appointments. The committee shall elect a chairman, who
(2) The committee annually shall select state agencies for evaluation and zero-base budgeting during times the committee establishes. An agency budget submitted while an agency is undergoing evaluation must be prepared in the form of a zero-base budget and reviewed accordingly by the Governor and the Office of State Budget and the House Ways and Means Committee and Senate Finance Committee. The council may assess an agency selected for evaluation and zero-base budgeting an audit fee not to exceed one-half of one percent of the agency's budget which must be transferred to approved accounts of the council.
(C)(1) There is created within the Legislative Audit Council a government review division whose purpose is to conduct evaluations of programs of state agencies and departments to determine whether these programs have outlived their usefulness or should be changed to address the priorities and needs of the state's citizens and the General Assembly.
(2) In conducting these evaluations, the review division shall consider the mission of the agency, as defined by the General Assembly, and how the programs fulfill that mission. The review division may consider, but is not limited to, evaluation of the following matters:
(a) the economic, fiscal, and other impacts that would occur in the absence of the administering of the programs or functions of the agency under review;
(b) the overall cost, including manpower, of the agency under review;
(c) the efficiency of the administration of the programs or functions of the agency under review, including the management process and structure;
(d) the extent to which the programs under review have encouraged the participation of the public and have provided service to the state's citizens;
(e) the extent to which the programs duplicate the services, functions, and programs administered by any other state, federal, or other agency or entity;
(f) the extent to which the programs under review have complied with all applicable state, federal, and local statutes, and regulations;
(g) an identification of the objectives intended for the programs, including a review of the agency's annual accountability report, and the problems or needs that the programs were intended to address, the extent to which the objectives have been achieved, and any activities of the programs in addition to those granted by statute and the authority for these activities;
(3) After making its review and evaluation, the division shall hold a public hearing receiving testimony from the public, the executive administration and other personnel of the program of the agency under review and any other interested parties. The division shall consider the fiscal and economic impact of the program and any other relevant issues. In the hearing, the agency providing the program has the burden of demonstrating a public need for the program's continued existence. The standing committee chairmen, as designated in item (4) of this subsection, shall sit in conjunction with the division at these hearings. Pursuant to any other research or inquiries it deems appropriate, the division shall report its findings and conclusions to the presiding officers of the Senate and the House. The presiding officers shall refer the report to the standing committees most concerned with the program of the agency.
(4) Upon selection of an agency for evaluation, the division, and those chairmen of the standing committees that have jurisdiction over particular agencies whose programs are under review, as designated by the President Pro Tempore of the Senate and the Speaker of the House, shall meet and develop a criteria format and procedure for review of the programs and establish a termination schedule for the programs of the agencies which are not considered worthy of continuation.
(5) Separate legislation enacted by the General Assembly shall establish the programs of agencies to be reviewed and the termination date for those programs. Once the General Assembly has established a termination date for a program of an agency, the General Assembly may, at any time, by joint resolution, delete, substitute, add, or otherwise alter the termination schedule of the programs of the agencies.
(6) The existence of a program of an agency that is scheduled for termination under the provisions of this section may be reauthorized by the General Assembly for periods not to exceed five years, excluding the year of termination. A council review of an agency scheduled for termination is not required, but may be directed by the committee.
(7) The review and evaluation prepared by the council must be forwarded to the Governor, Ways and Means Committee, and Senate Finance Committee.
(D)(1) A zero-base budget is an agency budget developed using a process of preparing an operating plan or budget that starts with no authorized or appropriated funds. In a zero-based budget, each activity to be funded must be justified as the budget is prepared.
(2) In compliance with current literature on zero-base budgeting, the Office of State Budget of the State Budget and Control Board shall develop a format and criteria for an agency selected by the committee to use in preparing its zero-base budget for submission. /
Amend further, page 4, by striking SECTIONS 3 and 4 and inserting:
/ SECTION 3. Notwithstanding the provisions of Section 2-15-140(B) of the 1976 Code as added by this act, and for calendar year 2001 only, the Joint Zero-Base Budget and Agency Evaluation Selection Committee shall:
(1) before August, 2001, select four agencies for zero-base budget submission. These agencies are not subject to the evaluation otherwise required pursuant to Section 2-15-140(C) of the 1976 Code as added by this act, but they must make their zero-base budget submission to the Office of State Budget before November, 2001. The Governor is not required to apply zero-base budget principles in his recommended 2002-2003 fiscal year budget for these agencies;
(2) before August, 2001, select additional agencies subject to both the evaluation and zero-base budget requirement of Section 2-15-140 of the 1976 Code as added by this act, and the agencies selected shall make their zero-base budget submission before October, 2002.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Reps. CATO, FLEMING, A. YOUNG, MACK, CHELLIS, COLEMAN, DAVENPORT, BALES, PHILLIPS, F. N. SMITH, J. HINES and HOSEY withdrew their requests for debate on the following Bill:
H. 3721 (Word version) -- Reps. Cato, J. E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge, Hinson and Barfield: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF THREE DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE; TO AMEND SECTION 37-3-203, AS AMENDED, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN OR REFINANCING OF A CONSUMER LOAN, SO AS TO PROVIDE FOR A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN INSTALLMENT THAT IS UNPAID TEN DAYS AFTER ITS DUE DATE AND TO ALLOW A CREDITOR TO APPLY PAYMENT TO A DELINQUENT RATHER THAN CURRENT OR UNMATURED INSTALLMENT; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO REMEDIES AND PENALTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO AS TO CLARIFY FACTORS FOR CONSIDERATION IN A DETERMINATION OF UNCONSCIONABLE CONDUCT.
Reps. SIMRILL, KOON, DAVENPORT, PHILLIPS and LOFTIS withdrew their objections to the following Bill:
H. 3703 (Word version) -- Reps. Townsend, Cotty, Webb, A. Young, Allison, Riser, Stille, Stuart, Keegan, Kennedy, Gilham, Martin, Littlejohn, Limehouse, Taylor, Coates, Kelley, Knotts, McGee, Ott, Rivers, Sinclair, Snow, Walker, Whatley and Wilder: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH
Reps. CAMPSEN, J. R. SMITH, W. D. SMITH and ROBINSON withdrew their requests for debate on S. 297 (Word version); however, other requests for debate remained on the Bill.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs:
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.
On motion of Rep. HARRISON, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary:
H. 3812 (Word version) -- Rep. Harrison: A BILL TO REPEAL SECTION 40-5-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
Rep. KNOTTS asked unanimous consent to recall H. 3010 (Word version) from the Committee on Judiciary.
Rep. EASTERDAY objected.
The following Concurrent Resolution was taken up:
S. 263 (Word version) -- Senator Gregory: A CONCURRENT RESOLUTION REQUESTING THAT THE DEPARTMENT OF TRANSPORTATION NAME HIGHWAY 521 AND HIGHWAY 9 BYPASS, FROM ITS BEGINNING AT THE INTERSECTION OF THE BYPASS AND HIGHWAY 521 SOUTHEAST OF THE TOWN OF LANCASTER TO THE INTERSECTION OF HIGHWAY 9 AND THE CHESTER COUNTY LINE AT THE CATAWBA RIVER BRIDGE, THE "VETERANS MEMORIAL HIGHWAY" IN HONOR OF THE VETERANS OF LANCASTER COUNTY AND AS A TOKEN OF APPRECIATION FOR THEIR FAITHFUL SERVICE TO THEIR STATE AND NATION, AND REQUEST THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
Whereas, the American Legion, Disabled American Veterans, and Veterans of Foreign Wars are desirous of naming a section of South Carolina Highway 521 in honor of veterans in Lancaster County; and
Whereas, it is entirely fitting and proper that the portion of South Carolina Highway 521 and Highway 9 Bypass, from its beginning at the intersection of the bypass and Highway 521 southeast of the Town of Lancaster to the intersection of Highway 9 and the Chester County line at the Catawba River Bridge, be named the "Veterans Memorial Highway" as a lasting tribute to the men and women of Lancaster County and South Carolina who served their country honorably in the South Carolina National Guard and the Armed Forces of the United States. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
Be it further resolved that a copy of this resolution be forwarded to the American Legion, Disabled American Veterans, and Veterans of Foreign Wars located in Lancaster County.
The Concurrent Resolution was adopted and sent to the Senate.
Rep. CAMPSEN moved that the House recur to the Morning Hour, which was agreed to.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4026 (Word version) -- Reps. Whipper, J. E. Smith, Weeks, J. Brown, Allen, Altman, Campsen, Easterday, Howard, Rivers, Sinclair, G. M. Smith and W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-15-12 SO AS TO PROVIDE THAT A PERSON CHARGED WITH A BAILABLE OFFENSE MUST HAVE A BOND HEARING WITHIN TWENTY-FOUR HOURS OF HIS ARREST AND MUST BE RELEASED WITHIN A REASONABLE TIME AFTER THE BOND IS DELIVERED TO THE INCARCERATING FACILITY.
Referred to Committee on Judiciary
The following Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3966 (Word version) -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND
Rep. RISER explained the Joint Resolution.
H. 3696 (Word version) -- Rep. Harrison: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION TO EXPEND UP TO ONE MILLION ONE HUNDRED SEVENTY-TWO THOUSAND SEVEN HUNDRED AND NINETY-FIVE DOLLARS OF THE FUNDS MADE AVAILABLE TO THE STATE UNDER SECTION 903 OF THE SOCIAL SECURITY ACT FOR THE PURPOSE OF DESIGNING AND ACQUIRING AN UNEMPLOYMENT TAX ACCOUNTING SYSTEM FOR USE BY THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION.
Rep. HARRELL explained the Joint Resolution.
The following Bill was taken up:
H. 3502 (Word version) -- Reps. McGee, Askins, Coates, J. Hines and M. Hines: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 22 SO AS TO ENACT THE "COOPERATIVE EDUCATIONAL SERVICE CENTERS ACT OF 2001" WHICH AUTHORIZES THE CREATION OF REGIONAL COOPERATIVE EDUCATIONAL SERVICE CENTERS BY TWO OR MORE SCHOOL DISTRICTS OR BY A SCHOOL DISTRICT AND A POST-SECONDARY INSTITUTION FOR PROVIDING INSTRUCTIONAL, ADMINISTRATIVE, AND OTHER SERVICES DESIRED BY THE PARTICIPATING SCHOOL DISTRICTS OR INSTITUTIONS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GJK\AMEND\20524SD01), which was adopted:
Rep. STILLE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
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, Loftis, Lourie, Mack, Martin, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sinclair, F. N. Smith, Snow, Stille, Talley, Taylor, Thompson, 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,
Rep. J. BROWN proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11594AC01):
Amend the bill, as and if amended, Section 44-39-230, page 4 by deleting subsection (B) beginning on line 8 and inserting:
/ (B) A diabetes care provider must be on site and available to assist or to provide care to students with diabetes, as set forth in subsection (A), during regular school hours, school-sponsored before school programs, and after school care programs. Students with diabetes may not be denied access or prohibited from participating in other school activities including, but not limited to, field trips and extracurricular activities./
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding the provisions of Section 44-39-220 of the 1976 Code, as added by Section 1 of this act, the training required to be provided pursuant to that section for school employees and bus drivers is not required to be implemented until one year after this act's effective date./
Rep. J. BROWN explained the amendment.
Reps. MILLER, LITTLEJOHN, SHEHEEN, ALLISON, OTT, TALLEY, J. R. SMITH, COATES, WEBB, D. C. SMITH, HINSON, HAYES, ROBINSON, MOODY-LAWRENCE and LEACH requested debate on the Bill.
The following Bill was taken up:
H. 3510 (Word version) -- Reps. McLeod, Davenport, Lourie and Scott: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT OF LICENSEES; TO REQUIRE TEMPORARY AUTOMATIC SUSPENSION OF A LICENSEE UPON CONVICTION OF CERTAIN CRIMES; TO CLARIFY THAT THE BOARD'S JURISDICTION OVER MISCONDUCT OF LICENSEES
Rep. DAVENPORT proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11586AC01), which was adopted:
Amend the bill, as and if amended, Section 40-23-20 page 14, beginning on line 10 by deleting items (16) and (17) and inserting:
/ (16) Reserved.
(17) Reserved. /
Amend the bill further, Section 40-23-20 page 16, immediately after line 18 by inserting:
/ (28) 'Exploration boring' means a borehole for the purpose of subsurface, mineral investigation, exploration, and mineral sampling that can be converted later to measure groundwater levels. /
Amend the bill, further, page 16 beginning on line 31 by deleting Section 40-23-50 in its entirety.
Amend the bill, further, Section 40-23-105 page 19, immediately after line 35, by inserting:
/(C) An action or claim to enforce the provisions of this section must be filed within three years of the date of completion of the services subject to regulation under this chapter. /
Amend the bill, further, Section 40-23-270 page 27, line 7 by deleting /and/; line 9 by deleting the /./ and inserting /;/; and immediately after line 9 by inserting:
/(3) persons constructing, opening, or closing exploration borings./
/(4) persons licensed as contractors pursuant to Chapter 11 who drill a borehole for measuring groundwater levels, blasting, or short term dewatering for construction purposes./
Amend the bill, further, Section 40-23-300(A) page 28, beginning on line 22 by deleting item (7).
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\22024CM01), which was adopted:
Amend the bill, as and if amended, Section 40-23-230(E), as contained in SECTION 1, page 25, by striking lines 13 through 31 and inserting:
/ (E) As of the effective date of this chapter, a person who possesses a current well driller license from the board is eligible to receive a:
(1) Class A well driller license if the licensee:
(a) files an application with the board for grandfather status within ninety days of the effective date of this section;
(b) provides proof that the applicant is in compliance with the bonding requirements of this chapter; and
(c) has conducted or supervised well drilling in the State for five or more years;
(2) Class B well driller license in one or more of the well drilling categories if the licensee:
(a) files an application with the board for grandfather status within ninety days of the effective date of this section;
(b) provides proof that the applicant is in compliance with the bonding requirements of this chapter;
(c) provides proof that he has for at least three years constructed or supervised at least twenty wells in each category for which licensure status is sought; or
(d) provides, in the case of persons who do not meet the minimum requirements for a Class B well driller, proof of construction or supervision of at least twenty-five wells in the category for which licensure status is sought and experience, training, and education suitable for practicing in the requested well drilling category. /
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. COLEMAN moved to reconsider the vote whereby the following Bill was given a second reading, which was agreed to:
H. 3510 (Word version) -- Reps. McLeod, Davenport, Lourie and Scott: A BILL TO AMEND CHAPTER 23, TITLE 40 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL ENVIRONMENTAL SYSTEMS OPERATORS, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ENVIRONMENTAL SYSTEMS OPERATORS; AND AMONG OTHER THINGS, TO EXPAND THE NUMBER OF WELL DRILLER LICENSE TYPES AND TO ORGANIZE THESE LICENSES INTO WELL CONSTRUCTION CATEGORIES; TO PROVIDE FOR BONDING REQUIREMENTS FOR THE PRACTICE OF WELL DRILLING; TO ELIMINATE PERCOLATION TEST TECHNICIAN LICENSURE; TO PROVIDE FOR ADMINISTRATIVE CITATIONS AND PENALTIES FOR UNLICENSED PRACTICE AND PROFESSIONAL MISCONDUCT OF LICENSEES; TO PROHIBIT COLLECTION ACTIONS BY PERSONS DRILLING WELLS WITHOUT A LICENSE AND TO PROVIDE FOR A CIVIL CAUSE OF ACTION TO PLAINTIFFS TO RECOVER PAYMENTS MADE FOR WELL DRILLING PERFORMED WITHOUT A LICENSE; TO EXPAND UPON AND CLARIFY THE GROUNDS FOR SANCTIONABLE MISCONDUCT
Rep. DAVENPORT moved to adjourn debate on the Bill until Thursday, April 26, which was agreed to.
The following Bill was taken up:
H. 3591 (Word version) -- Reps. White, J. Brown, Coates, Cooper, Hinson, Law, Limehouse, Littlejohn, Martin, McGee, Meacham-Richardson, Riser, Rodgers, Sandifer, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE FOR REINSTATEMENT OF A DRIVER'S LICENSE, AND THE DISPOSITION OF THE FEE, SO AS TO INCREASE THE AMOUNT OF THE FEE, PROVIDE THAT THE FEE MUST BE PAID FOR EACH SUSPENSION ON A PERSON'S DRIVING RECORD THAT HAS NOT BEEN REINSTATED, AND TO REVISE THE DISTRIBUTION OF THE FEE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22013CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-390 of the 1976 Code, as last amended by Section 104, Part II, Act 100 of 1999, is further amended to read:
"Section 56-1-390. (1) Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty one hundred dollars for each suspension on his driving record that has not been reinstated. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined that the suspension or revocation is based upon a lack of notice being given to the department or other similar error.
(2) All The fees collected by the department under this provision must be distributed as follows: sixty-six dollars must be placed by the Comptroller General into a restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles, twenty-nine dollars placed in the state general fund, except and one dollar five dollars of the fees listed in subsection (1) must be credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. Four dollars of each fee collected under this provision that is placed in the 'Keep South Carolina Beautiful Fund' must be used to remove litter from roads and highways or to promote anti-litter programs, or both. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. MARTIN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. WHIPPER moved that the House recur to the Morning Hour, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1:
H. 3591 (Word version) -- Reps. White, J. Brown, Coates, Cooper, Hinson, Law, Limehouse, Littlejohn, Martin, McGee, Meacham-Richardson, Riser, Rodgers, Sandifer, Trotter and A. Young: A BILL TO AMEND SECTION 56-1-390, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE FOR REINSTATEMENT OF A DRIVER'S LICENSE, AND THE DISPOSITION OF THE FEE, SO AS TO INCREASE THE AMOUNT OF THE FEE, PROVIDE THAT THE FEE MUST BE PAID FOR EACH SUSPENSION ON A PERSON'S DRIVING RECORD THAT HAS NOT BEEN REINSTATED, AND TO REVISE THE DISTRIBUTION OF THE FEE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22013CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-1-390 of the 1976 Code, as last amended by Section 104, Part II, Act 100 of 1999, is further amended to read:
"Section 56-1-390. (1) Whenever the department suspends or revokes the license of a person under its lawful authority, the license remains suspended or revoked and must not be reinstated or renewed nor may another license be issued to that person until he also remits to the department a reinstatement fee of thirty one hundred dollars for each suspension on his driving record that has not been reinstated. The reinstatement fee may be paid to the clerk of court or magistrate at the time of the verdict, guilty plea, or plea of nolo contendere for the offense for which the license is suspended or revoked. If the fee is paid at the time of the verdict, guilty plea, or plea of nolo contendere, the clerk or magistrate shall remit the fee to the department pursuant to the procedures set forth in Section 56-1-365(B). The director or his designee may waive or return the reinstatement fee if it is determined
(2) All The fees collected by the department under this provision must be distributed as follows: sixty-six dollars must be placed by the Comptroller General into a restricted account to be used by the department to defray the expenses of the Division of Motor Vehicles, twenty-nine dollars placed in the state general fund, except and one dollar five dollars of the fees listed in subsection (1) must be credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. Four dollars of each fee collected under this provision that is placed in the 'Keep South Carolina Beautiful Fund' must be used to remove litter from roads and highways or to promote anti-litter programs, or both. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Rep. WHIPPER spoke against the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. EASTERDAY raised the Point of Order that the Bill directly appropriated money and in accordance with Rule 4.4 should first be referred to the Ways and Means Committee before being considered by the House.
SPEAKER WILKINS sustained the Point of Order and ordered the Bill referred to the Committee on Ways and Means.
The following Bill was taken up:
H. 3933 (Word version) -- Reps. Townsend, Knotts, Whatley, Delleney, Fleming, J. Hines, Martin, Meacham-Richardson, Ott, Rice, Riser, Stille, Stuart, Wilkins, A. Young and Cotty: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A BEGINNER'S PERMIT, SO AS TO REVISE THE PERIOD A PERSON WHO
"Section 56-1-50. (A) A person who is at least fifteen years of age may apply to the department for a beginner's permit. After the applicant has passed successfully all parts of the examination other than the driving test, the department may issue to the applicant a beginner's permit which entitles the applicant having the permit in his immediate possession to drive a motor vehicle under the conditions contained in this section on the public highways for not more than twelve months.
(B) The permit is valid only in the operation of:
(1) vehicles during the daylight hours after six o'clock a.m. and not later than midnight. Except as provided in subsection (E), while driving, the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience. A permittee may not drive between midnight and six o'clock a.m. unless accompanied by the permittee's licensed parent or guardian;
(2) motorcycles, motor scooter scooters, or light motor-driven cycle cycles of five-brake horsepower or less during daylight hours after six o'clock a.m. and not later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the permittee may operate motor scooters or light motor-driven cycles after six o'clock a.m. and not later than eight o'clock p.m. A permittee may not operate a motorcycle, motor scooter, or light motor-driven cycle at any other time unless supervised by the permittee's motorcycle licensed parent or guardian.
(C) Except as provided in subsection (E), while driving, as provided in subsection (B)(1), the permittee must be accompanied by a licensed driver twenty-one years of age or older who has had at least one year of driving experience, and who is occupying The accompanying driver must occupy a seat beside the driver permittee, except when the permittee is operating a motorcycle. A three-wheel vehicle requires the accompanying driver to be directly behind the driver permittee on a saddle-type seat or beside the driver permittee on a bench-type seat.
(D) A beginner's permit may be renewed or a new permit issued for additional periods of twelve months, but the department may refuse to renew or issue a new permit where the examining officer has reason to believe the applicant has not made a bona fide effort to pass the required driver's road test or does not appear to the examining officer to have the aptitude to pass the road test. The fee for every beginner's or renewal permit is two dollars and fifty cents, and the permit must bear the full name, date of birth, and residence address and a brief description and color photograph of the permittee and a facsimile of the signature of the permittee or a space upon which the permittee shall write his usual signature with pen and ink immediately upon receipt of the permit. A permit is not valid until it has been signed by the permittee.
(E) The following persons are not required to obtain a beginner's permit to operate a motor vehicle:
(1) a student regularly enrolled in a high school of this State which conducts a driver's training course while the student is participating in the course and when accompanied by a qualified instructor of the course; and
(2) a person fifteen years of age or older enrolled in a driver training course conducted by a driver training school licensed under Chapter 23 of this title. However, this person at all times must be accompanied by an instructor of the school and may drive only an automobile owned or leased by the school which is covered by liability insurance in an amount not less than the minimum required by law.
(F) A person who has never held a form of license evidencing previous driving experience first must be issued a beginner's permit and must hold the permit for at least ninety one hundred eighty days before being eligible for full licensure.
(G) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the permit may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m."
SECTION 2. Section 56-1-175 of the 1976 Code, as added by Act 258 of 1998, is amended to read:
"Section 56-1-175. (A) The department may issue a provisional conditional driver's license to a person who is at least fifteen years of age and less than sixteen years of age, who has:
(1) held a beginner's permit for at least ninety one hundred eighty days;
(2) passed a driver's education course as defined in subsection (D)(E);
(3) completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;
(4) passed successfully the road tests or other requirements the department may prescribe; and
(4)(5) satisfied the school attendance requirement contained in Section 56-1-176.
(B) A provisional conditional driver's license is valid only in the operation of:
(1) vehicles during daylight hours. The holder of a provisional conditional license must be accompanied by a licensed adult twenty-one years of age or older after six o'clock p.m., or eight o'clock p.m. during daylight saving time. A provisional conditional driver's license holder may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian;
(2) a motor scooter or light motor-driven cycle of five-brake horsepower or less, during daylight hours.
(C) A conditional driver's license holder may not transport more than two passengers who are under twenty-one years of age unless accompanied by a licensed adult who is twenty-one years of age or older. This restriction does not apply when the conditional driver's license holder is transporting family members.
(D) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the provisional conditional license may operate a vehicle after six o'clock a.m. and no later than eight o'clock p.m. For purposes of this section, all other hours are designated as nighttime hours.
(D)(E) A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instructor permit contained in Section 56-23-85.
(E)(F) For purposes of issuing a provisional conditional driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The
"Section 56-1-176. (A) School attendance is a condition for the issuance of a provisional conditional driver's license and a special restricted driver's license. The department may not issue a provisional conditional driver's license or a special restricted driver's license to a person pursuant to Section 56-1-175 or Section 56-1-180 unless the person:
(1) has a high school diploma or certificate, or a General Education Development Certificate; or
(2) is enrolled in a public or private school which has been approved by the State Board of Education or a member school of the South Carolina Independent School's Association or a similar organization, or a parochial, denominational, or church-related school, or other programs which are accepted by the State Board of Education or is home schooled under the provisions contained in Sections 59-65-40, 59-65-45, or 59-65-47, and:
(a) the person has conformed to the attendance laws, regulations, and policies of the school, school district, and the State Board of Education, as applicable; and
(b) the person is not suspended or expelled from school.
(B) Documentation of enrollment status must be presented to the department by the applicant on a form approved by the department. The documentation must indicate whether the student is in compliance with the requirements as provided in item (2)."
SECTION 4. Section 56-1-180 of the 1976 Code, as last amended by Act 258 of 1998, is amended to read:
"Section 56-1-180. (A) The department may issue a special restricted driver's license to a person who is at least sixteen years of age and less than seventeen years of age, who first has: held a beginner's permit for ninety days and who has successfully passed the road tests or other requirements the department in its discretion may prescribe
(1) held a beginner's permit for at least one hundred eighty days;
(2) passed a driver's education course as defined in subsection (F);
(3) completed at least forty hours of driving practice, including at least ten hours of driving practice during darkness, supervised by the person's licensed parent or guardian;
(4) passed successfully the road test or other requirements the department may prescribe; and
(5) satisfied the school attendance requirement contained in Section 56-1-176.
(B) The special restricted driver's license is valid only in the operation of:
(1) vehicles during daylight hours. During nighttime hours, the holder of a special restricted driver's license must be accompanied by a licensed adult, twenty-one years of age or older. The holder of a special restricted driver's license may not drive between midnight and six o'clock a.m., unless accompanied by the holder's licensed parent or guardian. The restrictions in this section may be modified or waived by the department if the restricted licensee proves to the department's satisfaction that the restriction interferes or substantially interferes with:
(a) employment or the opportunity for employment;
(b) travel between the licensee's home and place of employment or school; or
(c) travel between the licensee's home or place of employment and vocational training;
(2) a motor scooter or light motor-driven cycle of five-brake horsepower or less during daylight hours.
(C) The waiver or modification of restrictions provided for in item (1) must include a statement of the purpose of the waiver or modification executed by the parents or legal guardian of the holder of the restricted license and documents executed by the driver's employment or school official, as is appropriate, evidencing the holder's need for the waiver or modification.
(D) A special restricted license holder may not transport more than two passengers who are under twenty-one years of age unless accompanied by a licensed adult twenty-one years of age or older. This restriction does not apply when the special restricted license holder is transporting family members.
(E) Daylight hours, as used in this section, means after the hour of six o'clock a.m. and no later than six o'clock p.m. However, beginning on the day that daylight saving time goes into effect through the day that daylight saving time ends, the holder of the special restricted license may operate a vehicle after six o'clock a.m. and no
(F) A driver training course, as used in this section, means a driver's training course administered by a driver's training school or a private, parochial, or public high school conducted by a person holding a valid driver's instruction permit contained in Section 56-23-85.
(G) For purposes of issuing a special restricted driver's license pursuant to this section, the department must accept a certificate of completion for a student who attends or is attending an out-of-state high school and passed a qualified driver's training course or program that is equivalent to an approved course or program in this State. The department must establish procedures for approving qualified driver's training courses or programs for out-of-state students."
SECTION 5. Section 56-1-185 of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:
"Section 56-1-185. (A) A person while operating a motor vehicle under a conditional or a special restricted driver's license who is convicted of a point-assessable traffic offense or involved in an accident in which he was at fault shall have the removal of the restrictions postponed for six twelve months and is not eligible to be issued a regular driver's license until one year from the date of the last traffic offense or accident in which he was at fault or until he is seventeen years of age during which period the licensee must be free of any traffic convictions.
(B) A person while operating a motor vehicle under a beginner's permit or a provisional conditional or a special restricted driver's license who is convicted of one or more point-assessable traffic offenses totaling six or more points, as determined by the values contained in Section 56-1-720, shall have his license suspended by the department for six months. This suspension shall not preclude other penalties otherwise provided for the same violations."
SECTION 6. Section 56-1-40(1) of the 1976 Code, as last amended by Act 258 of 1998, is further amended to read:
"(1) who is under seventeen years of age, except that the department may issue a license to a sixteen-year old who is licensed to drive pursuant to Section 56-1-175 after one year from the date of the issuance of the provisional conditional license, if the driver has not been convicted of a point-assessable traffic offense posted to his driver's record or has not been involved in an accident in which he was at fault during that period. However, the department may issue a beginner's permit as provided in Section 56-1-50 to a person who is at
"(C) A basic driver's license authorizes the licensee to operate motor vehicles, automotive three-wheel vehicles, or combinations of vehicles which do not exceed twenty-six thousand pounds gross vehicle weight; provided, that the driver has successfully demonstrated the ability to exercise ordinary and reasonable control in the operation of a motor vehicle in this category. A basic driver's license also authorizes the licensee to operate farm trucks provided for in Sections 56-3-670, 56-3-680, and 56-3-690, which are used exclusively by the owner for agricultural, horticultural, and dairying operations or livestock and poultry raising. Notwithstanding any other provision of law, the holder of a provisional conditional license, or special restricted license operating a farm truck for the purposes provided in this subsection, may operate the farm truck without an accompanying adult after six o'clock a.m. and no later than nine o'clock p.m., but may not operate a farm truck on a freeway. A person operating a farm truck while holding a provisional conditional driver's license or a special restricted license may not use the farm truck for ordinary domestic purposes or general transportation.
A classified driver's license shall authorize the licensee to operate a motorcycle or those vehicles in excess of twenty-six thousand pounds gross vehicle weight which are indicated by endorsement on the license. The endorsement may include classifications such as: motorcycle, motorcycle three-wheel vehicle, two-axle truck, three or more axle truck, combination of vehicles, motor-busses, or oversize or overweight vehicles. The department shall determine from the driving demonstration the endorsements to be indicated on the license."
SECTION 8. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND continued speaking.
Rep. TOWNSEND continued speaking.
Reps. COATES, ASKINS, BOWERS, SIMRILL, RUTHERFORD, HAYES, OWENS and LLOYD requested debate on the Bill.
The following Bill was taken up:
H. 3447 (Word version) -- Reps. Cato, Cobb-Hunter, Jennings, Bales, Barfield, Barrett, Battle, G. Brown, J. Brown, Carnell, Davenport, Delleney, Edge, Harrison, Hayes, Hinson, Howard, Kelley, Knotts, Lee, Limehouse, Littlejohn, Lourie, McCraw, Meacham-Richardson, J. H. Neal, Rutherford, Sandifer, Scott, F. N. Smith, J. E. Smith, Talley, Taylor, Walker, Webb, Whatley, Whipper, Wilkins, White, Miller and Simrill: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF SOCIAL WORKERS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; TO REVISE SOCIAL WORK LICENSURE CLASSIFICATIONS AND THEIR RESPECTIVE AREAS AND SCOPE OF PRACTICE; TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF SOCIAL WORKERS; AND TO PROVIDE A ONE-YEAR PERIOD WITHIN WHICH TO CONVERT A CURRENT LICENSE TO A LICENSE WITHIN THE REVISED CLASSIFICATIONS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\ NBD\AMEND\11585AC01), which was adopted:
Amend the bill, as and if amended, by deleting beginning on page 11, line 4 through page 26, line 20 and inserting:
/ Section 40-63-5. Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to the Board of Social Work
Section 40-63-10. (A) There is created the State Board of Social Work Examiners to be composed of seven members appointed by the Governor, with the advice and consent of the Senate, including one lay member, two licensed baccalaureate social workers, two licensed master social workers, and two licensed independent social workers. All members must be residents of this State and the social workers must have been in the active practice of social work for at least five years before appointment. The terms of the members are for four years and until their successors are appointed and qualify. Members of the board are eligible for reappointment but may not serve more than two consecutive terms. The board is responsible for arranging for the examination of applicants for social work licenses, investigating complaints, and investigating and prosecuting violations of this chapter. The board may promulgate regulations to carry out the provisions of this chapter. The board shall have powers and duties in accordance with Section 40-1-70. The Governor may remove a member in accordance with Section 1-3-240. No member may be removed without an opportunity to refute the charges filed against him. He must be given a copy of the charges at the time they are filed. Vacancies on the board must be filled in the manner of the original appointment for the unexpired portion of the term.
(B) The members of the board shall qualify by taking an oath of office before a notary public or other officer authorized to administer oaths in this State.
(C) Members may receive for their services mileage, expenses, subsistence, and per diem as provided by law for members of state boards, committees, and commissions.
Section 40-63-20. As used in this chapter:
(1) 'Advanced Practice Social Worker' means a person licensed to engage in the practice of independent social work - advanced practice.
(2) 'Approved Advanced Practice Supervisor' means a licensed advanced practice social worker who has met the qualifications to be an advanced practice supervisor as determined by the board.'
(3) 'Approved Clinical Supervisor' means a licensed clinical social worker who has met the qualifications to be a clinical supervisor as determined by the board.
(4) 'Approved Provider of Continuing Education' means an individual, group, professional association, school, institution, organization, or agency approved by the board to conduct educational programs.
(5) 'Approved Social Work Program' means a school of social work or a social work education program that has been approved by the Board.
(6) 'Baccalaureate Social Worker' means a person licensed to engage in the practice of Baccalaureate Social Work.
(7) 'Board' means the South Carolina Board of Social Work Examiners.
(8) 'Case management' means a procedure to plan, provide, and monitor services from a variety of resources on behalf of and in collaboration with a client.
(9) 'Client' means the individual, couple, family, group, organization, or community that seeks or receives social work services.
(10) 'Clinical Social Worker' means a person licensed to engage in the practice of independent social work - clinical practice.
(11) 'Clinical Supervision' means an interactional professional relationship between a supervisor and a social worker that provides evaluation and direction over the supervisee's practice of clinical social work and promotes continued development of the social worker's knowledge, skills, and abilities to engage in the practice of clinical social work in an ethical and competent manner.
(12) 'Consultation' means a problem solving process in which expertise is offered to an individual, group, organization, or community.
(13) 'Continuing Education' means education and training, which are oriented to maintain, improve or enhance social work practice.
(14) 'Continuing Education Contact Hour' means a sixty minute clock hour of instruction, not including breaks or meals.
(15) 'Counseling' means a method used by social workers to assist individuals, couples, families, and groups in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns.
(16) 'Conviction' means a conviction of a crime by a court of competent jurisdiction and shall include a finding or verdict of guilt, whether or not the adjudication of guilt is withheld or not entered on admission of guilt, a no contest plea, a plea of nolo contendere, and a guilty plea.
(17) 'Director' means the Director of the Department of Labor, Licensing and Regulation.
(18) 'Examination' means a standardized test or examination of social work knowledge, skills and abilities approved by the board.
(19) 'Felony' means a criminal act as defined by this State or any other state or by definition under federal law.
(20) 'Independent Social Work Supervision' is the supervision provided to a candidate for an independent social work license - clinical or advanced practice by an independent practitioner who has met board requirements for supervision at the independent level - clinical or advanced practice. This supervision must be preceded by a contract between supervisor and supervisee and said contract must receive board approval prior to the start of the supervisory period.
(21) 'Independent Social Worker - Advanced Practice' means a person licensed to engage in the practice of Independent Social Work - Advanced Practice.
(22) 'Independent Social Worker - Clinical Practice' means a person licensed to engage in the practice of Independent Social Work - Clinical Practice.
(23) 'License' means an authorization to practice social work issued by the board pursuant to this chapter.
(24) 'Licensee' means an individual who has met the requirements for licensure under this chapter and has been issued a license to practice as a social worker.
(25) 'Masters Social Worker' means a person licensed to engage in the practice of Masters Social Work.
(26) 'Practice of Baccalaureate Social Work' means the application of social work theory, knowledge, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. The practice of baccalaureate social work is a basic generalist practice that includes assessment, planning, intervention, evaluation, mediation, case management, information and referral, counseling, advocacy, supervision, consultation, education, research, community organization, and the development, implementation, and administration of policies, programs, and activities. Baccalaureate Social Workers are not qualified to diagnose and treat mental illness or provide psychotherapy services. Baccalaureate Social Work is practiced only under the supervision and auspices of organized settings such as social, medical or governmental agencies, and may not be practiced independently or privately.
(27) 'Practice of Independent Social Work - Advanced Practice' means the application of social work theory, specialized knowledge and skills, methods, ethics and the professional use of self to systems such as communities and organizations and other nonclinical services. The Advanced Practice specialty includes activities such as nonclinical assessment and referral; mediation; client education; nonclinical consultation, research, supervision, and outcome evaluation; advocacy, community organization and development, social planning and policy development; implementation and administration of social policies, programs and activities; and expert testimony. The practice of Advanced Social Work may include private practice and provision of advanced supervision. A licensed independent social worker - AP may not practice clinical social work independently without an independent social worker clinical license. The independent advanced social worker - AP may engage in the activities included under the definition of Practice of Masters Social Work,
(28) 'Practice of Independent Social Work - Clinical Practice' means the application of social work theory, specialized knowledge and skills, methods, ethics, and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families and groups. The clinical practice specialty includes activities such as assessment, diagnosis, treatment planning, and psychotherapeutic treatment for mental, emotional, and behavioral disorders, conditions, and addictions including the provision of individual, marital, couple, family and group counseling and psychotherapy and evaluation; case management; information and referral; mediation; client education; and clinical supervision, consultation, education, research, advocacy, and outcome evaluation, and expert testimony. The practice of Clinical Social Work may include private practice and the provision of clinical supervision. The independent clinical social worker may engage in the activities included under the definition of Practice of Masters Social Work. A licensed independent social worker - CP may not practice advanced practice social work independently without an advanced - AP social worker license.
(29) 'Practice of Masters Social Work' means the application of social work theory, knowledge, methods and ethics and the professional use of self to restore or enhance social, psychosocial, or biopsychosocial functioning of individuals, couples, families, groups, organizations, and communities. Masters social work practice requires the application of specialized knowledge and specialized practice skills
(30) 'Private practice' means the provision of clinical or advanced social work services by a licensed independent social worker who assumes responsibility for the nature and quality of the services provided to the client in exchange for direct payment or third-party reimbursement.
(31) 'Psychotherapy' means the use of treatment methods utilizing a specialized, formal interaction between a social worker and an individual, couple, family, or group in which a therapeutic relationship is established, maintained, and sustained to understand unconscious processes, intrapersonal, interpersonal, and psychosocial dynamics, and the diagnosis and treatment of mental, emotional, and behavioral disorders, conditions, and addictions.
(32) 'Supervision' means the professional relationship between a supervisor and a social worker who provides evaluation and direction over the services provided by the social worker and promotes continued development of the social worker's knowledge, skills an abilities to provide social work in an ethical and competent manner.
(33) 'ACSW' means the Academy of Certified Social Workers.
(34) 'BCD' means Board Certified Diplomate.
(35) 'DCSW' means Diplomate in Clinical Social Work.
(36) 'ASWB' means Association of Social Work Boards.
Section 40-63-30. (A) No individual shall offer social work services or use the designation 'Social Worker', 'Licensed Baccalaureate Social Worker', 'Licensed Masters Social Worker', 'Licensed Independent Social Worker - Clinical Practice', 'Licensed Independent Social Worker - Advanced Practice' or the initials 'LBSW', 'LMSW', or 'LISW' or any other designation indicating licensure status or hold themselves out as practicing social work or as a Baccalaureate Social Worker, Masters Social Worker, or Independent Social Worker unless licensed in accordance with this chapter.
(B) A person using the title 'Social Worker' within any professional title who is not licensed in this State is practicing without a license.
(C) A person providing social work services to an individual in this State, through telephonic, electronic or other means, regardless of the location of the social worker, who is not licensed in this State, is practicing without a license.
(D) This chapter does not require these persons to obtain a license pursuant to this chapter:
(1) An employee of this State, a federal government employee, or an employee of a licensed mental health or alcohol and drug abuse facility who is trained, and authorized to perform services that may fall within a definition of social work so long as these services are preformed within the course of the employee's employment.
(2) A person who is employed by any entity whose professional employment is funded through the South Carolina Department of Disabilities and Special Needs and who is trained and authorized to provide services of a social work nature within the scope of employment if the person does not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter.
Section 40-63-40. Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45, the section encouraging public and consumer membership on the boards administered by the Department of Labor, Licensing and Regulation.
Section 40-63-50. (A) In addition to the powers and duties enumerated in Section 40-1-50, the board shall:
(1) at the first meeting of the board in each calendar year, elect a president, vice-president, and secretary from its membership. A majority of the appointed members of the board constitutes a quorum. Regular meetings must be held four times a year. Special meetings may be held upon the call of the president or any two members of the board.
(2) have a seal and the impression must be attached to all official documents issued by it. The board shall keep a full record of all its proceedings and maintain a complete registry of all licensed social workers.
(B) The board may adopt rules governing its proceedings and may promulgate regulations necessary to carry out the provisions of this chapter.
Section 40-63-70. In addition to the powers and duties provided in this chapter, the board has those powers and duties of regulatory boards which include, but are not limited to:
(1) determining the eligibility of applicants for examination and licensure;
(2) examining applicants for licensure including, but not limited to:
(a) prescribing the subjects, character, and manner of licensing examinations;
(b) preparing, administering, and grading the examination or assisting in the selection of a contractor for the preparation, administration, or grading of the examination;
(3) establishing criteria for issuing, renewing, and reactivating the authorizations to practice of qualified applicants, including the issuance of active or permanent, temporary, limited, and inactive licenses, or other categories as may be created;
(4) adopting a code of professional ethics appropriate to the profession or occupation which it licenses or regulates;
(5) evaluating and approving continuing education course hours and programs;
(6) conducting hearings on alleged violations of this article and regulations promulgated under this article;
(7) resolving consumer complaints, where appropriate and possible;
(8) disciplining persons licensed under this article in a manner provided for in this article;
(9) promulgating regulations which have been submitted to the director, at least thirty days in advance of filing with Legislative Council as required by Section 1-23-30.
Section 40-63-80. For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
Section 40-63-90. (A) If the Department of Labor, Licensing and Regulation or the board has reason to believe that a person has violated a provision of this article or a regulation promulgated under this article or that a licensee has become unfit to practice as a social worker or if a person files a written complaint with the board or the director, the director of the department may initiate an investigation. The results of an investigation must be presented to the board. If it
(B) The department shall notify the accused licensee in writing not less than thirty days before the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of the household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice.
(C) The accused has the right to be present and present evidence and argument on all issues involved, to present and to cross examine witnesses, and to be represented by counsel, at the accused's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential, except as hereinafter provided.
(D) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, lies against any person by whom or on whose behalf such communication has been made, except upon proof that such communication was made with malice.
(E) No person connected with a complaint, investigation, or other proceeding before the board including, but not limited to, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation or proceeding, except to persons involved and having a direct interest in the complaint, investigation, or other proceeding, and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, when the board receives information in a complaint, investigation, or other proceeding before it indicating a
Section 40-63-100. (A) In addition to other remedies provided for in this chapter or Chapter 1, Title 40, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter.
(B) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge, as provided under Article 5 of Chapter 23 of Title 1, for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
Section 40-63-110. (A) The board may revoke, suspend, publicly reprimand or otherwise restrict the license of a social worker or discipline a licensee when it is established that the license holder is guilty of misconduct as defined in this chapter.
(B) Misconduct, which constitutes grounds for revocation, suspension, or restriction of a license or limitation on, reprimand, or other discipline of a social worker includes, but is not limited to, a satisfactory showing to the board that:
(1) a false, fraudulent, or forged statement or document has been used or a fraudulent, deceitful, or dishonest act has been practiced by the licensee in connection with a license requirement;
(2) the licensee has been convicted of a felony or any other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction;
(3) the licensee violated a regulation, directive, or order of the board;
(4) the licensee has knowingly performed an act which in any way assists a person to practice social work illegally;
(5) the licensee has caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a social worker;
(6) the holder of a license practiced social work while under either the influence of alcohol or drugs to such a degree as to adversely affect his ability to practice:
(7) the holder of a license uses alcohol or drugs to such a degree as to adversely affect his ability to practice;
(8) the licensee has sustained a physical or mental impairment or disability which renders further practice by the licensee dangerous to the public;
(9) the licensee has violated the principles of professional ethics or standards of conduct, or both, adopted by the board and promulgated in regulations;
(10) the licensee is guilty of obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;
(11) the licensee is guilty of the use of an intentionally false or fraudulent statement in a document connected with the practice of social work;
(12) the licensee has been found by the board to lack the professional competence to practice.
(13) the licensee has engaged in sexual contact with a current client or with a former client during a period of three years after the termination of therapeutic relationship.
(C) In addition to all other remedies and actions incorporated in this chapter, the license of a social worker adjudged mentally incompetent by a court of competent jurisdiction is automatically suspended by the board until the licensee is adjudged competent by a court of competent jurisdiction.
Section 40-63-120. Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Section 40-63-100 or 40-1-110, the board may impose sanctions as provided in Section 40-1-120, including suspension, restriction, or revocation of a license and may impose a fine of not more than five thousand dollars for each violation.
Section 40-63-130. As provided for in Section 40-1-130, the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-63-140. A license may not be denied based solely on a person's prior criminal record as provided for in Section 40-1-140.
Section 40-63-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-63-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-63-170. A person found in violation of this chapter or regulations promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-63-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-63-190. (A) No person licensed under this chapter, or any of his employees or associates, shall disclose information which he or she may have acquired during the course of service to client, except:
(1) as mandated by Section 20-7-510, requiring certain professionals to report suspected child abuse and neglect, and Section 43-35-85, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult;
(2) to prevent a clear and immediate danger to a person or persons, providing disclosure of communications in cases where the information is necessary to prevent the client from causing harm to himself or herself or to others;
(3) where the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of service to client, in which case confidences may be disclosed only in the course of that action;
(4) where the client is a party in a criminal or civil proceeding, addressing commitment proceedings or providing disclosure where the client introduces his mental condition as an element of a claim or defense;
(5) where there is a waiver of confidentiality previously obtained in writing, then such information may be revealed only in accordance with the terms of the waiver, allowing competent clients, or their guardians, to consent to the release of confidences. In circumstances where more than one person in a family receives treatment conjointly, each family member who is legally competent to execute a waiver must agree to the waiver referred to in this subsection. Without a waiver from each family member legally competent to execute a waiver, no confidences may be disclosed.
(6) where required by another statute or by a court order.
(B) All communications between clients and their social worker are considered privileged, protecting communications between mental health professionals and their clients, Section 19-11-95, protecting confidences between clients of mental illness or with emotional conditions and licensees under this chapter, and Section 19-11-100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. All records of treatments maintained by a social worker are confidential, providing for the confidentiality of client records, allowing for the release of medical records when requested by the client, and providing for the client's right to communicate with outside visitors when institutionalized and must not be disclosed except under the circumstances provided for in this subsection and included in the sections cited.
(C) A person licensed under this chapter who is employed by or serves as a part of a federally assisted program may not release the identity of a person in alcohol or drug abuse treatment:
(1) to an entity having direct administrative control over a program, or its designees, if the recipient of the disclosure needs the information to provide substance abuse services to the client;
(2) with the valid consent of the client. A valid consent must contain the name of the client; the name of the program making the disclosure; the purpose of the disclosure; the recipient of the information, the information to be released; a statement indicating the client's understanding that he or she may revoke the consent; a statement that revocation may be oral or written; the date or condition upon which the consent expires, if not revoked; the date the consent is signed and the signature of the client;
(3) to a person or agency providing services including, but not limited to, data processing, dosage preparation, laboratory analyses, vocational counseling, or legal, medical, accounting, or other professional services;
(4) to the police if a client commits or threatens to commit a crime on the premises or against program staff. The licensee may release the client's name, address, and last known whereabouts. No other crimes of a client may be disclosed under this exception;
(5) in a situation posing an immediate threat to the health of an individual that requires immediate medical intervention. Information may be released only to medical personnel who need the information for the treatment of the individual;
(6) as mandated by Section 20-7-510;
(7) to a qualified researcher where a protocol exists to protect the confidentiality of client records;
(8) to qualified individuals conducting an audit or evaluation of a program. These audits or evaluations may be conducted only by regulatory agencies, funders, private third-party payers, and private peer review organizations;
(9) under court order; court orders do not include subpoenas, search warrants, or arrest warrants.
Section 40-63-200. (A) A person who practices or offers to practice as a social worker in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year or both.
(B) A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than one year or both.
Section 40-63-210. In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210, providing for civil actions through the Administrative Law Judge Division for injunctive relief as provided in other sections of this chapter.
Section 40-63-220. To be licensed as a Baccalaureate Social Worker, an applicant must:
(1) submit a written application in the form prescribed by the board;
(2) be at least twenty-one years of age;
(3) be of good moral character;
(4) have received a baccalaureate degree in social work from a program accredited by the Council on Social Work Education or an equivalent, professional social work education accrediting body;
(5) have successfully passed an examination prescribed by the board;
have paid all applicable fees specified by the board relative to the licensure process;
(7) have met additional requirements prescribed by the board in regulation.
Section 40-63-230. To be licensed as a Masters Social Worker, an applicant must:
(1) have submitted a written application in the form prescribed by the board;
(2) be at least twenty-one years of age;
(3) be of good moral character;
(4) have received a masters or doctorate degree in social work from a social work program approved by the Council on Social Work Education or an equivalent professional social work education accrediting body;
(5) have successfully passed an examination prescribed by the board;
(6) have paid all applicable fees specified by the board;
(7) have met additional requirements prescribed by the board in regulation.
Section 40-63-240. (A) To be licensed as an Independent Social Worker - Clinical Practice, an applicant must:
(1) have submitted a written application in the form prescribed by the board;
(2) be at least age of twenty-one years of age;
(3) be of good moral character;
(4) have received a masters or doctorate degree in social work from a social work program approved by the Council on Social Work Education or an equivalent professional social work accrediting body;
(5) have documented coursework or continuing education, as required by regulation, in psychopathology, psychodiagnostics, and psychometrics.
(6) subsequent to the completion of the LMSW or doctorate, have obtained three thousand hours of approved supervised clinical social work practice over a minimum two-year, and maximum four-year, period. Of these three thousand hours, at least one hundred hours of direct clinical supervision is required. Clinical supervision requires direct communication between the supervisor and supervisee. A plan for clinical supervision must be filed with the board at the beginning of a period of supervision. If a supervisory change is made, notice of the end of the supervision and a termination evaluation, completed by the supervisor, must be submitted to the board within thirty days. The board may review extraordinary circumstances relevant to the time parameters of supervised practice and other conditions of supervision.
(7) have passed the examination designated by the board;
(8) have obtained twenty hours per year of continuing postgraduate education as approved by the board;
(9) have paid all applicable fees specified by the board relative to the licensure process; and
(10) have met the additional requirements prescribed by the board in regulation.
(B) To be licensed as an Independent Social Worker - Advanced Practice, an applicant must:
(1) have submitted a written application in the form prescribed by the board;
(2) be at least twenty-one years of age;
(3) be of good moral character;
(4) have received a masters or doctorate degree in social work from a social work program approved by the Council on Social Work Education or an equivalent professional social work education accrediting body;
(5) have documented coursework or continuing education, as required by regulation, in supervision and administration;
(6) subsequent to the completion of the LMSW or doctorate, have obtained three thousand (3,000) hours of approved supervised advanced social work practice over a minimum two-year, and maximum four-year, period. Of these three thousand hours, at least one hundred hours of direct advanced supervision is required. Advanced practice supervision requires direct communication between the supervisor and supervisee. A plan for advanced practice supervision must be filed with the board at the beginning of a period of supervision. If a supervisory change is made, notice of the end of the supervision and a termination evaluation, completed by the supervisor, must be submitted to the board within thirty days. The board may review extraordinary circumstances relevant to the time parameters of supervised practice and other conditions of supervision.
(7) have passed the examination designated by the board;
(8) have obtained twenty hours per year of continuing postgraduate education as approved by the board;
(9) have paid all applicable fees specified by the board; and
(10) have met the additional requirements prescribed by the board in regulation.
(C) To be an approved social work supervisor for clinical practice, the licensee must
(1) be a licensed independent social worker - clinical practice;
(2) have a minimum of four thousand five hundred hours of clinical practice earned over a period of three years beyond receipt of a masters degree from an accredited social work program;
(3) have completed graduate coursework in supervision in an accredited social work program or in an approved program of continuing education as prescribed by the board in regulation.
(D) To be an approved social work supervisor for advanced practice, the licensee must:
(1) be a licensed independent social worker - advanced practice;
(2) have a minimum of four thousand five hundred hours of clinical practice earned over a period of three years beyond receipt of a masters degree from an accredited social work program;
(3) have completed graduate coursework in supervision in an accredited social work program or in an approved program of continuing education as prescribed by the board in regulation.
Section 40-63-250. (A) If an applicant satisfies all licensure requirements required in this chapter, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed social worker while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.
(B) A person licensed under this chapter must display the license in a prominent and conspicuous place in the primary place of practice.
(C) Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board in regulation.
(D) Any licensee who allows his license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of his failure to renew is license and upon payment of a reinstatement fee and the current renewal fee to be determined by the board. If a license has lapsed for more than one year, the board may impose further educational requirements for reinstatement. If license has lapsed more than two years person must reapply for licensure.
Any person practicing as a social worker during the time his license has lapsed is an illegal practitioner and is subject to penalties provided for in Section 40-63-30.
Section 40-63-260. (A) In order for a social worker currently licensed in another jurisdiction to obtain a license as a social worker by endorsement in this State, the applicant must:
(1) submit a written application in the form prescribed by the board;
(2) be at least twenty-one years of age;
(3) be of good moral character;
(4) possess a baccalaureate or masters degree in social work at the designation for which the applicant is seeking licensure from an Approved Social Work Program;
(5) present to the board a passing score on the designated licensure examination;
(6) present to the board evidence that all social work licenses possessed by the applicant are current and in good standing;
(7) present to the board proof that all professional licenses or other credentials granted to the applicant in any other state have not been suspended, revoked, or restricted for any reason except nonrenewal or for the failure to obtain the required continuing education credits in any state where the applicant is or has been licensed; and
(8) pay all fees specified by the board in regulation.
(B) An applicant for licensure by endorsement under this section is only eligible for licensure at the equivalent designation recognized in the jurisdiction in which they are currently licensed.
(C) No person licensed pursuant to this chapter may engage in the writing of prescriptions or in the dispensing of prescription medications.
Section 40-63-270. All social workers subject to this chapter must provide patients with a statement of their rights and procedures to file a complaint as prescribed by the board. A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training and areas of specialization. The professional disclosure statement also shall explicitly denote that sexual intimacy between a practitioner and a client is never acceptable.
Section 40-63-280. The Board of Social Work Examiners may promulgate regulations setting forth a professional code of ethics/standards of conduct for persons licensed by the board and may establish regulations pertaining to treatment for impaired practitioners.
Section 40-63-290. Nothing in this chapter prevents:
(1) members of the clergy and licensed, registered, certified, or qualified professionals including, but not limited to, physicians, elementary and secondary teachers, nurses, psychologists, licensed
(2) employees of licensed hospitals in this State from performing services commonly within the definition of social work if the services are performed within the course of and scope of their employment as an employee of the hospital. A regular employee of a licensed hospital in this State is not required to be licensed as a condition of employment by or performance of these services;
(3) persons from rendering services that are the same as or similar to those within the scope of practice provided for in this chapter if the person receives no remuneration from any source for the rendering of the service;
(4) students who are enrolled in accredited programs of study leading to social work degrees from practicing social work.
Section 40-63-300. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this chapter is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this chapter, the General Assembly hereby declaring that it would have passed this chapter, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Section 40-63-310. For one year after this act's effective date individuals licensed pursuant to Chapter 63, Title 40 of the 1976 Code, before the amendments to this chapter as contained in Section 1 of this act, may be granted licensure based on the following criteria:
(1) Licensed social workers may elect to retain their current category of licensure.
(2) Licensed Masters of Social Work may convert their category of licensure to Independent Social Work license by meeting the following criteria:
(a) have a minimum of five years experience as a Licensed Master of Social Work; and
(b)(i) provide verification of supervision and passing examination as prescribed by ACSW, DCSW or BCD; or
(ii) pass the ASWB clinical or advanced examination or both. The board must permit these applicants to take this examination.
(3) The following criteria must be used by the board to designate the Independent Social Worker specialty as:
(a) Clinical Practice:
(i) verification of passing an ASWB-Clinical, DCSW, or BCD examination;
(ii) verification of having received supervision in a clinical setting to meet the ACSW supervisory requirement and of passing the ACSW examination; or
(iii) must have a minimum of five years clinical practice experience and continuing education as approved by the board.
(b) Advanced Practice:
(i) verification of passing an ASWB-Advanced examination or ACSW examination; or
(ii) must have a minimum of five years advanced practice experience and continuing education as approved by the board.
(4) For Approved Supervisor in Clinical or Advanced Practice, the following criteria must be met:
(a) must have been licensed in independent practice for the appropriate designated specialty area with an approved social work degree;
(b) must have a minimum of five years practice experience in the designated specialty area; and
(c) must have completed graduate course work in supervision in an accredited social work program or in an approved program of continuing education as prescribed by the board in regulation.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
Reps. KNOTTS and BINGHAM proposed the following Amendment No. 2 (Doc Name NBD\AMEND\11597AC01), which was adopted:
Amend the bill, as and if amended, by deleting Section 40-63-220(4) and inserting:
/ (4) have received a baccalaureate degree in social work from a college or university accredited by the Council on Social Work
Rep. BINGHAM explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
S. 556 (Word version) -- Senators O'Dell, Glover, Bauer, Ford, Short, Peeler, Holland, McGill, Waldrep, Passailaigue, Elliott, Moore, Setzler, Reese, Land, Patterson, Rankin, Pinckney, Hutto, Drummond, Alexander, Ritchie, Martin, Branton, Mescher, Thomas, Ravenel, Hayes and Hawkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-706 SO AS TO DESIGNATE CAMDEN MILITARY ACADEMY AS THE OFFICIAL STATE MILITARY ACADEMY.
Rep. WILDER made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up:
H. 3721 (Word version) -- Reps. Cato, J. E. Smith, Chellis, Knotts, Cooper, Bales, Hayes, Harvin, Tripp, Leach, Ott, Whatley, Edge, Hinson and Barfield: A BILL TO AMEND SECTION 34-29-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSUMER FINANCING IN CONNECTION WITH LICENSING OF CONSUMER FINANCE COMPANIES, SO AS TO ALLOW A LICENSEE TO CHARGE A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN UNPAID INSTALLMENT AFTER TEN DAYS AND TO ADD A MAINTENANCE FEE OF THREE DOLLARS A MONTH TO THE GROSS AMOUNT OF THE PROMISSORY NOTE, IF THAT FEE IS REFUNDED PRO RATA UPON PREPAYMENT OF THE NOTE; TO AMEND SECTION 37-3-203, AS AMENDED, RELATING TO DELINQUENCY CHARGES IN CONNECTION WITH A CONSUMER LOAN OR REFINANCING OF A CONSUMER LOAN, SO AS TO PROVIDE FOR A MINIMUM DELINQUENCY CHARGE OF TEN DOLLARS ON AN INSTALLMENT THAT IS UNPAID TEN DAYS AFTER ITS DUE DATE AND TO ALLOW A CREDITOR TO APPLY PAYMENT TO A DELINQUENT RATHER THAN CURRENT OR UNMATURED INSTALLMENT; AND TO AMEND SECTION 37-5-108, AS AMENDED, RELATING TO REMEDIES AND PENALTIES IN CONNECTION WITH CONSUMER TRANSACTIONS, SO AS TO CLARIFY FACTORS FOR CONSIDERATION IN A DETERMINATION OF UNCONSCIONABLE CONDUCT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name DKA\AMEND\4229MM01), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
"(e) Delinquent charge; penalties for excessive charges. In addition to the charges and fees provided for by this chapter, no further or other amount whatsoever shall may be directly or indirectly charged, contracted for, or received, directly or indirectly, except that a licensee hereunder may, if agreed to in writing, may contract for, impose, and collect a delinquent charge of five cents per dollar for each full dollar of an installment which that is delinquent for five ten or more days, which. The charge may be imposed only once on each delinquent installment and, provided where if a portion of an installment is delinquent, the delinquent charge may be imposed only once on that portion of the installment which that is delinquent. A lender may contract for and receive a minimum delinquency charge of five dollars, even if the charge exceeds five percent of the unpaid amount of the installment. However, such The restriction shall does not apply to official fees as defined in Section 37-1-301(10)(17), or actual and reasonable attorney fees as determined by the court in which suit is filed and court costs incurred in the collection in default, or to the actual and reasonable expenses of repossession, storing, and selling of any property pledged as security on any a contract in default, or insurance premiums or identifiable charges authorized by this chapter. If any an amount in excess of the charges permitted by this chapter is charged, contracted for, or received, except as the result of an accidental or bona fide error, the contract of loan shall be is void, and the licensee shall have has no right to collect or receive any principal, interest, charge, or recompense whatsoever; and. The licensee and the its several members, officers, directors, and agents thereof who shall have participated in such the violation shall be deemed are guilty of a misdemeanor and, upon conviction thereof, shall must be punishable by a fine of fined not more than five hundred and not less than two hundred dollars or by imprisonment for imprisoned not less than thirty days nor more than six months.
(i) In addition to all other charges authorized under by this section, a licensee may charge and add to the gross note a maintenance fee of one dollar per two dollars for each month for the term of the loan for each loan account which in the event of prepayment would. If the loan is prepaid, the maintenance fee must be refunded pro rata with the unexpired term of the loan and any a part of a month must be treated as like a full month."
Rep. CHELLIS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3703 (Word version) -- Reps. Townsend, Cotty, Webb, A. Young, Allison, Riser, Stille, Stuart, Keegan, Kennedy, Gilham, Martin, Littlejohn, Limehouse, Taylor, Coates, Kelley, Knotts, McGee, Ott, Rivers, Sinclair, Snow, Walker, Whatley and Wilder: A BILL TO AMEND SECTION 56-3-1230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND ISSUANCE OF LICENSE PLATES, SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE NEW LICENSE PLATES AT LEAST EVERY SIX YEARS, AND TO PROVIDE THAT THE DEPARTMENT MUST COLLECT A ONE DOLLAR FEE WHEN A VEHICLE IS REGISTERED OR REREGISTERED TO OFFSET THE COSTS ASSOCIATED WITH THE PRODUCTION OF NEW LICENSE PLATES.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name GGS\AMEND\22999CM01):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 56-3-1230(A) of the 1976 Code, as last amended by Act 497 of 1994, is further amended to read:
"(A) License plates must be at least six inches wide and not less than twelve inches in length and must show in bold characters the year of registration, the serial number, the full name or the abbreviation of the name of the State, and other distinctive markings the department may consider advisable to indicate the class of the weight of the vehicle for which the license plate was issued. The plate must be of a strength and quality to provide a minimum service of five years. A new license plate including personalized and special plates must be provided by the department at intervals the department considers appropriate, but at
Rep. STUART explained the amendment.
Reps. SIMRILL, KOON and KNOTTS objected to the Bill.
Reps. TOWNSEND, MARTIN, A. YOUNG, GILHAM, STUART, WEEKS, MOODY-LAWRENCE and VAUGHN requested debate on the Bill.
Reps. COATES, OTT, MILLER, TALLEY, SHEHEEN, MOODY-LAWRENCE, J. R. SMITH, ROBINSON, LEACH, WEBB and HINSON withdrew their requests for debate on the following Bill:
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, Loftis, Lourie, Mack, Martin, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford,
Rep. J. BROWN moved that the House recur to the Morning Hour, which was agreed to.
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, Loftis, Lourie, Mack, Martin, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. M. Neal, Ott, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sinclair, F. N. Smith, Snow, Stille, Talley, Taylor, Thompson, 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 POSSES 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
Rep. J. BROWN proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11594AC01):
Amend the bill, as and if amended, Section 44-39-230, page 4 by deleting subsection (B) beginning on line 8 and inserting:
/ (B) A diabetes care provider must be on site and available to assist or to provide care to students with diabetes, as set forth in subsection (A), during regular school hours, school-sponsored before school programs, and after school care programs. Students with diabetes may not be denied access or prohibited from participating in other school activities including, but not limited to, field trips and extracurricular activities./
Amend the bill, further, by adding an appropriately numbered SECTION to read:
/SECTION ___. Notwithstanding the provisions of Section 44-39-220 of the 1976 Code, as added by Section 1 of this act, the training required to be provided pursuant to that section for school employees and bus drivers is not required to be implemented until one year after this act's effective date./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. BROWN explained the amendment.
Rep. KIRSH objected to the Bill.
Reps. WALKER, RICE, J. R. SMITH, A. YOUNG, WEEKS, SINCLAIR, G. M. SMITH and LEE requested debate on the Bill.
Rep. MCGEE moved that the House do now adjourn, which was agreed to.
At 1:25 p.m. the House, in accordance with the motion of Rep. ALLISON, adjourned in memory of former Senator Horace Smith of Spartanburg, to meet at 10:00 a.m. tomorrow.
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