Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. W. Osborne Herlong, Jr. as follows:
Eternal God, our Father, we know that You hold us in the hollow of Your hand for You are our refuge and strength. Be the refuge of the weary, the protector of children, the helper of the aged, the companion of the forgotten. Give new hope to those who cannot look with confidence to the future. Give vision and counsel to the leaders of our Nation and our State in these days of stress at home and around the world that they may clearly see the course of action best for the people. Grant peace in our world. Help us to meet the challenges of the moment with faith and good courage. 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. SIMRILL moved that when the House adjourns, it adjourn in memory of Robert "Bob" Hyman of Rock Hill, which was agreed to.
The following were received and referred to the appropriate committees for consideration:
Document No. 2721
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-1-10 et seq.
Waste Combustion and Reduction
Received by Speaker of the House of Representatives
March 20, 2002
Document No. 2715
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-93-10 et seq.
Infectious Waste Management Regulations
Received by Speaker of the House of Representatives
March 20, 2002
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration July 18, 2002 (subject to sine die revision)
Document No. 2719
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 44-63-10
Vital Statistics
Received by Speaker of the House of Representatives
March 20, 2002
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration July 18, 2002 (subject to sine die revision)
Rep. BATTLE, from the Marion Delegation, submitted a favorable report on:
S. 1052 (Word version) -- Senator Glover: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION SO AS TO AUTHORIZE THE BOARD TO LEVY ADDITIONAL MILLAGE IN MARION COUNTY SCHOOL DISTRICT SEVEN FOR PAYMENT BY MARION COUNTY SCHOOL DISTRICT SEVEN FOR USE OF SCHOOL FACILITIES LOCATED IN THE DISTRICT WHICH ARE TO BE ACQUIRED BY THE MARION COUNTY BOARD OF EDUCATION.
On motion of Rep. BATTLE, with unanimous consent, the following Bill was taken up for immediate consideration:
S. 1052 (Word version) -- Senator Glover: A BILL TO AMEND ACT 607 OF 1986, AS AMENDED, RELATING TO THE MARION COUNTY BOARD OF EDUCATION SO AS TO AUTHORIZE THE BOARD TO LEVY ADDITIONAL MILLAGE IN MARION COUNTY SCHOOL DISTRICT SEVEN FOR PAYMENT BY MARION COUNTY SCHOOL DISTRICT SEVEN FOR USE OF SCHOOL FACILITIES LOCATED IN THE DISTRICT WHICH ARE TO BE ACQUIRED BY THE MARION COUNTY BOARD OF EDUCATION.
The Bill was read second time and ordered to third reading.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4931 (Word version) -- Reps. Taylor, Loftis, Easterday, Hayes, Ott and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-70 SO AS TO PROVIDE THAT SCHOOLS WITH AN ORGANIZATIONAL STRUCTURE OF GRADES SIX, SEVEN, AND EIGHT MAY ALLOW SIX GRADE STUDENTS TO PARTICIPATE IN INTERSCHOOL COMPETITIVE SPORTS PROGRAMS WHICH HAVE SCHEDULED GAMES AND A CHAMPIONSHIP PROVIDED THAT ALL MEMBERS OF THE INTERSCHOOL TEAMS HAVE PLAYERS IN GRADES SIX, SEVEN, AND EIGHT ONLY.
Referred to Committee on Education and Public Works
H. 4932 (Word version) -- Rep. Rutherford: A BILL TO AMEND SECTION 17-22-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE CONSIDERED TO BE PLACED IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT ALL PERSONS WHO MAY BE CONSIDERED TO BE PLACED IN AN INTERVENTION PROGRAM MUST BE NOTIFIED BY THE SOLICITOR THAT HE MUST SUBMIT AN APPLICATION TO THE INTERVENTION
H. 4933 (Word version) -- Rep. Klauber: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 83 SO AS TO ENACT THE SOUTH CAROLINA LICENSURE FOR INTERPRETERS AND TRANSLITERATORS ACT, TO PROVIDE FOR THE LICENSURE, PERMITTING, AND REGULATION OF PERSONS WHO PROVIDE INTERPRETING AND TRANSLITERATING SERVICES, TO CREATE THE SOUTH CAROLINA LICENSURE BOARD FOR INTERPRETERS AND TRANSLITERATORS AND TO PROVIDE FOR ITS POWERS AND DUTIES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 4934 (Word version) -- Reps. Vaughn, Frye, Keegan, Rhoad, Sinclair and Stille: A BILL TO AMEND SECTION 16-13-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL FAILURE TO RETURN CERTAIN RENTAL PROPERTY OR THE FRAUDULENT APPROPRIATION OF SUCH PROPERTY, SO AS TO PROVIDE FOR ADDITIONAL ACTIONS WHICH CONSTITUTE A VIOLATION OF THIS SECTION, TO PROVIDE FOR CERTAIN INFERENCES THAT MAY BE MADE WITH REGARD TO A PERSON'S INTENT TO VIOLATE THE PROVISIONS OF THIS SECTION, TO PROVIDE FOR SPECIFIED PROCEDURAL REQUIREMENTS WHICH MUST BE MET IN REGARD TO PROSECUTIONS FOR VIOLATIONS, AND TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE VALUE OF THE LEASED OR RENTED ITEM SHALL BE DETERMINED FOR PURPOSES OF COMPUTING THE APPLICABLE PENALTY.
Referred to Committee on Judiciary
H. 4938 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 40-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, DENTAL HYGIENISTS EMPLOYED WITHIN THE PUBLIC HEALTH SYSTEM PROVIDING EDUCATION AND PRIMARY PREVENTIVE CARE,
H. 4939 (Word version) -- Reps. Scott, J. Brown and Rutherford: A BILL TO ENACT THE "RICHLAND COUNTY SCHOOL DISTRICTS PROPERTY TAX RELIEF ACT" BY PROVIDING FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX IN RICHLAND COUNTY FOR NOT MORE THAN TWENTY YEARS WITH THE REVENUE OF THE TAX USED TO DEFRAY GENERAL OBLIGATION DEBT SERVICE OR OTHERWISE DEFRAY THE COSTS OF CAPITAL IMPROVEMENTS OF THE SCHOOL DISTRICTS OF RICHLAND COUNTY, TO PROVIDE THAT THE TAX MAY BE IMPOSED ONLY AFTER ITS APPROVAL IN A REFERENDUM HELD IN THE COUNTY, TO PROVIDE FOR THE REFERENDUM, AND TO PROVIDE THAT IF IMPOSED, THE TAX MUST BE COLLECTED BY THE SOUTH CAROLINA DEPARTMENT OF REVENUE AND REMITTED TO THE RICHLAND COUNTY TREASURER FOR THE RICHLAND COUNTY SCHOOL DISTRICTS, TO PROVIDE THAT THE TAX IS IMPOSED AND IS SUBJECT TO THE SAME EXEMPTIONS AND MAXIMUM TAXES AS PROVIDED IN THE SOUTH CAROLINA SALES TAX ACT EXCEPT FOR AN ADDITIONAL EXEMPTION FOR FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, AND TO PROVIDE FOR THE METHOD OF APPLYING THE REVENUES OF THE TAX TO SCHOOL DISTRICT GENERAL OBLIGATION DEBT SERVICE.
Referred to Committee on Ways and Means
H. 4940 (Word version) -- Reps. J. Brown, McLeod, J. Hines, Hosey, Lloyd, J. H. Neal, Parks, Rivers, Rutherford, Scott, J. E. Smith and Wilder: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF
S. 709 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 14-25-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MUNICIPAL COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; TO AMEND SECTION 18-3-30, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT FROM A MAGISTRATES COURT, SO AS TO PROVIDE THAT AN APPEAL OF AN ORDER OF RESTITUTION MUST BE MADE WITHIN THIRTY DAYS OF THE ORDER; AND TO AMEND SECTION 22-3-1000, RELATING TO THE TIME PERIOD IN WHICH TO APPEAL A JUDGMENT, SO AS TO CLARIFY THAT THE SECTION ONLY APPLIES TO CIVIL MATTERS.
Referred to Committee on Judiciary
The following was introduced:
H. 4935 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES UPON LEARNING OF THE DEATH OF LIEUTENANT COLONEL JEFFERSON M. DAVIS, UNITED STATES ARMY, RETIRED, OF SUMMERTON, AND TO EXTEND DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 4936 (Word version) -- Reps. J. Young, G. M. Smith, G. Brown, J. H. Neal and Weeks: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF FREDERICK EARLE BROGDON, ONE OF SUMTER'S MOST RESPECTED BUSINESS AND CIVIC LEADERS, WHO PASSED AWAY WEDNESDAY, MARCH 13, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HIS LOVING FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
S. 1111 (Word version) -- Senator Courson: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 2002, AND FRIDAY, JUNE 14, 2002.
Be it resolved by the Senate, the House of Representatives concurring:
That Palmetto Girls State is authorized to use the Chambers of the Senate and the House of Representatives on Thursday, June 13, 2002, from 9:00 a.m. to noon and on Friday, June 14, 2002, from 2:00 p.m. to 4:00 p.m. for its annual legislative activity. If either House is in Statewide Session, the chamber of that House may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this meeting in accordance with previous procedures.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4937 (Word version) -- Reps. Wilkins, W. D. Smith, Sharpe, Townsend, Meacham-Richardson, Carnell, Fleming, Harrison, Cato, J. Brown, Vaughn, Kelley and Harrell: A CONCURRENT RESOLUTION TO COMMEND AND SUPPORT THE NATIONAL VOTER REGISTRATION INITIATIVE'S DEMOCRACY UNITES CAMPAIGN IN SOUTH CAROLINA.
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 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 Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Lee Limehouse Littlejohn Lloyd Lourie Lucas
Mack McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.M. Neilson Ott Owens Perry Phillips Rhoad Rice Riser Rivers 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 Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, March 20.
James Battle Anne Parks Doug Smith Dwight Loftis Michael Easterday William Witherspoon Becky Martin Todd Rutherford Jerry Govan Bill Cotty Alex Harvin Joseph Neal Richard Quinn Michael Whatley
The SPEAKER granted Rep. WHATLEY a temporary leave of absence due to medical reasons.
The SPEAKER granted Rep. KENNEDY a leave of absence due to medical reasons.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 19.
Announcement was made that Dr. Andrew J. Pate of Lancaster is the Doctor of the Day for the General Assembly.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4858 (Word version)
Date: ADD:
03/20/02 WHITE
Bill Number: H. 4583 (Word version)
Date: ADD:
03/20/02 WALKER
Bill Number: H. 4737 (Word version)
Date: REMOVE:
03/20/02 JENNINGS
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 4882 (Word version) -- Reps. Freeman, Jennings, Lucas and Neilson: A BILL TO AMEND ACT 587 OF 1994, RELATING TO THE CREATION OF THE CHESTERFIELD COUNTY BOARD OF ELECTIONS AND REGISTRATION, SO AS TO DELETE THE PROVISIONS MAKING THE CLERK AN EX OFFICIO MEMBER OF THE BOARD AND PROVIDING FOR THE CLERK TO RECEIVE A SALARY IN ADDITION TO THAT AMOUNT PAID TO MEMBERS OF THE BOARD, AND AUTHORIZE THE BOARD TO HIRE A DIRECTOR TO PERFORM SUCH RESPONSIBILITIES AS THE BOARD SHALL DETERMINE.
H. 4571 (Word version) -- Reps. Moody-Lawrence, Sharpe, R. Brown, Kirsh, Meacham-Richardson, Harvin, Weeks, G. Brown, Freeman, Frye, Gilham, Harrell, McCraw, Neilson, Perry, Riser, Rutherford and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE THAT THE STATE BOARD OF COSMETOLOGY SHALL ISSUE A LIMITED LICENSE TO AN INDIVIDUAL WHOSE LICENSE HAS LAPSED WITHOUT REEXAMINATION IF THE PERSON IS OVER SIXTY YEARS OF AGE, AND HAS PRACTICED FOR MORE THAN THIRTY YEARS AND TO FURTHER PROVIDE THAT THE SCOPE OF PRACTICE IS LIMITED TO THAT WHICH THE PERSON COULD PRACTICE UNDER THE FORMER LICENSE.
H. 4244 (Word version) -- Reps. A. Young and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-27-235 SO AS TO ALLOW NATIVE AMERICAN TRIBES THE OPTION OF ELECTION AS A REIMBURSABLE EMPLOYER FOR PURPOSES OF THE SOUTH CAROLINA EMPLOYMENT SECURITY LAW; TO AMEND SECTION 41-27-210, RELATING TO THE DEFINITION OF "EMPLOYER", SO AS
H. 3849 (Word version) -- Reps. Sinclair, J. E. Smith, Cotty, Allen, Allison, Barrett, McLeod, Campsen, Coleman, Davenport, Delleney, Easterday, Fleming, Harrison, Haskins, Hinson, Huggins, Keegan, Kelley, Lee, Littlejohn, Lourie, Lucas, McCraw, McGee, Meacham-Richardson, Merrill, Rivers, Robinson, Sandifer, F. N. Smith, W. D. Smith, Talley, Townsend, Vaughn, Walker, Weeks, White, Wilder, Wilkins and J. Young: A BILL TO AMEND SECTION 14-23-1040, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR A JUDGE OF PROBATE, SO AS TO CHANGE, AMONG OTHER THINGS, THE QUALIFICATIONS BASED ON THE POPULATION OF THE COUNTY IN WHICH THE PROBATE JUDGE SERVES.
The following Bill was read the third time, passed and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification:
S. 987 (Word version) -- Senator Reese: A BILL TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. EASTERDAY having the floor:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\AMEND\11351AC02):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act may be cited as the "South Carolina Private Guardian ad Litem Reform Act".
SECTION 2. Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1545. (A) In a private action before the family court in which custody or visitation of a minor child is an issue, the court may appoint a guardian ad litem only when it determines that:
(1) without a guardian ad litem, the court will likely not be fully informed about the facts of the case and there is a substantial dispute which necessitates a guardian ad litem; or
(2) both parties consent to the appointment of a guardian ad litem who is approved by the court.
(B) A guardian ad litem appointed pursuant to this section may be removed by the court upon good cause shown.
Section 20-7-1547. (A) A person may not be appointed a guardian ad litem in a private action involving custody or visitation unless qualified pursuant to this section. The court may appoint an attorney or a nonattorney, both of whom must be at least twenty-five years of age and qualified pursuant to this section, to be a guardian ad litem.
(B) A nonattorney must complete a minimum of nine hours of family law continuing legal or nonlegal education in the areas of custody and visitation and an additional three hours related to substantive law and procedure in family court to be qualified to serve as a guardian ad litem. A nonattorney also shall observe three contested custody merits hearings to be qualified to serve as a guardian ad litem. The continuing legal and nonlegal education courses provided to nonattorneys must be approved by the South Carolina Supreme Court Commission on Continuing Legal Education and Specialization.
(C) A nonattorney guardian ad litem appointed pursuant to this section must complete, annually, the continuing legal and nonlegal education hours as required in subsection (B), in order to remain qualified to serve as a guardian ad litem.
(D) A person may not be appointed as a guardian ad litem pursuant to this section who has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, in Chapter 15 of Title 16, Offenses Against Morality and Decency, in Chapter 25 of Title 16, Criminal Domestic Violence, in Article 3 of Chapter 53 of Title 44, Narcotics and Controlled Substances, or for the crime of contributing to the delinquency of a minor, provided for in Section 16-17-490, or who is or has ever been on the Department of Social Services Central Registry of Abuse and Neglect.
(E) A guardian ad litem, upon appointment, must provide an affidavit to the parties stating that the guardian ad litem has complied with the requirements of this section, including a statement that the person has not been convicted of a crime enumerated in subsection (E).
Section 20-7-1549. Upon its own motion or upon the motion of a party or the guardian ad litem, the court may appoint an attorney for the guardian ad litem. If the appointment is by consent order, the order must set forth the reasons for the appointment and establish a method and rate for compensating the attorney.
Section 20-7-1551. (A) The responsibilities and duties of a guardian ad litem include, but are not limited to:
(1) representing the best interests of the child;
(2) conducting an independent, balanced, and impartial investigation to determine the facts relevant to the situation of the child and the family, which must include:
(a) reviewing relevant documents and records. The guardian ad litem shall have access to the child's school records and medical records. The guardian ad litem may petition the family court for the medical records of the parties;
(b) if appropriate, meeting with and observing the child in the home-setting and considering the wishes of the child; and
(c) interviewing parents, caregivers, school officials, law enforcement, and others with knowledge relevant to the case.
(3) advocating for the child's best interests, including making clear, specific recommendations and referrals for evaluations, services, and treatment for the child and the child's family; however, if any recommendation or referral is for a psychiatric or psychological
(4) attending all court hearings, unless otherwise excused by the court, and providing accurate, current information directly to the court; and
(5) maintaining a complete file with notes rather than relying upon court files.
(B) A guardian ad litem also is responsible for presenting to the court and all other parties clear, comprehensive written reports including, but not limited to, a final written report regarding the child's best interests, which must include conclusions and recommendations and the facts upon which the reports are based. A final written report must be submitted to the court and all other parties no later than fifteen days before the merits hearing, unless the time frame is modified by the court. The written report must include the names of all persons interviewed by the guardian ad litem during the investigation and, if available, their addresses and telephone numbers.
(C) A guardian ad litem may submit briefs, memoranda, affidavits, or other documents on behalf of the child. Any report or recommendation of a guardian ad litem must be submitted in a manner consistent with the South Carolina Rules of Evidence and other state law.
Section 20-7-1553. (A) At the time of appointment, the family court judge shall set forth the method and rate of compensation for the guardian ad litem, who must submit, when fees and costs accrue, a periodic itemized billing to include a statement of hours, expenses, costs, and fees to the parties and their attorneys. Additionally, the court must consider the ability of a party to pay fees and costs at the time the court appoints a guardian ad litem.
(B) A party may petition the court to review the reasonableness of the fees and costs of the guardian ad litem and the attorney for the guardian ad litem at any time during the action.
(C) A guardian ad litem appointed by the court is entitled to reasonable compensation, subject to review and approval by the court. In determining the reasonableness of the fees and costs, the court shall take into account the complexity of the issues before the court, the contentiousness of the litigation, the time expended, the expenses reasonably incurred by the guardian ad litem and any other factors the court considers necessary.
Section 20-7-1555. A guardian ad litem appointed by the family court in a custody or visitation action must, upon notice of the appointment, provide written disclosure to each party:
(1) of the nature, duration, and extent of any relationship the guardian ad litem or any member of the guardian's immediate family residing in the guardian's household has with any party;
(2) of any interest adverse to any party or attorney which might cause the impartiality of the guardian ad litem to be challenged;
(3) any membership or participation in any organization related to child abuse, domestic violence, or drug and alcohol abuse."
SECTION 3. (A) Section 20-7-1555 of the 1976 Code is redesignated as Section 20-7-1525, and Section 20-7-1557 is redesignated Section 20-7-1535, both of which are to be placed within Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code.
(B) Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Special Custody and Visitation Provisions".
(C) Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Private Guardians ad Litem".
SECTION 4. This act takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. EASTERDAY continued speaking.
Rep. ALTMAN spoke against the amendment.
Rep. ALTMAN spoke against the amendment.
The SPEAKER granted Rep. LOURIE a temporary leave of absence.
Rep. ALTMAN continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. ALTMAN having the floor.
The Senate amendments to the following Bill were taken up for consideration:
S. 297 (Word version) -- Senators Moore, Drummond, McConnell, Reese, Land, Richardson, Waldrep, Leventis, Passailaigue, Giese, McGill, O'Dell, Alexander, Hayes, Ravenel, Martin, Ryberg, Rankin, Jackson, Glover, Patterson, Hutto, Matthews, Pinckney, Setzler, Holland, Short and Ritchie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION BY ADDING CHAPTER 59 ENACTING THE "SOUTH CAROLINA CONSERVATION BANK ACT" SO AS TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK FOR THE PURPOSE OF MAKING GRANTS AND LOANS TO PUBLIC OR PRIVATE ENTITIES TO ACQUIRE INTERESTS IN REAL PROPERTY WORTHY OF CONSERVATION, TO PROVIDE FOR THE GOVERNANCE OF THE BANK, TO PROVIDE THOSE ENTITIES ELIGIBLE TO RECEIVE BANK GRANTS, TO ESTABLISH THE SOUTH CAROLINA CONSERVATION BANK TRUST FUND TO RECEIVE BANK REVENUES, AND TO PROVIDE THE CRITERIA WHICH THE BANK MUST USE IN JUDGING APPLICATIONS FOR GRANTS; TO ESTABLISH THE "CONSERVE SOUTH CAROLINA" MOTOR VEHICLE LICENSE PLATE AND PROVIDE THAT THE REVENUE OF THE EXTRA FEE FOR THIS PLATE MUST BE CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT; TO PROVIDE THAT REVENUES OF THE STATE PORTION OF THE DEED RECORDING FEE CREDITED TO THE GENERAL FUND OF THE STATE IS INSTEAD CREDITED TO THE TRUST FUND ESTABLISHED BY THIS ACT AND PHASE IN THESE REVENUES OVER TWO FISCAL YEARS; TO EXEMPT FROM THE REQUIREMENT THAT PUBLIC ENTITIES CONVEYING A CONSERVATION EASEMENT HAVE THAT CONVEYANCE APPROVED BY THE ADVISORY BOARD OF THE HERITAGE TRUST PROGRAM CERTAIN EASEMENTS CONVEYED BY COUNTIES AND MUNICIPALITIES THAT INVOLVE GRANTS OR LOANS BY THE SOUTH CAROLINA CONSERVATION BANK; TO REPEAL CHAPTER 59, TITLE 48, ADDED BY THIS ACT AND THE REMAINING PROVISIONS OF THIS ACT JULY 1, 2012, UNLESS THESE PROVISIONS ARE
Rep. CAMPSEN explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 4413 (Word version) -- Reps. Scarborough, Rodgers, Wilkins, Miller, Leach, R. Brown, Gilham, W. D. Smith and Bowers: A BILL TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION OR RECONSTRUCTION SEAWARD OF THE COASTAL BASELINE, SO AS TO AUTHORIZE THE RECONSTRUCTION, REPAIR, AND MAINTENANCE OF EXISTING GROINS, TO AUTHORIZE THE CONSTRUCTION OF NEW GROINS ON BEACHES THAT HAVE A HIGH EROSION RATE THREATENING EXISTING DEVELOPMENT OR PUBLIC PARKS AND ONLY IN FURTHERANCE OF AN ON-GOING BEACH RENOURISHMENT EFFORT, AND TO CLARIFY THAT OF SPECIAL PERMITS AUTHORIZED FOR CONSTRUCTION OR RECONSTRUCTION OF STRUCTURES SEAWARD OF THE BASELINE, NO HABITABLE STRUCTURE MAY BE CONSTRUCTED OR RECONSTRUCTED ON A PRIMARY OCEANFRONT SAND DUNE OR ON THE ACTIVE BEACH AND IF, DUE TO EROSION, A PERMITTED HABITABLE STRUCTURE BECOMES SITUATED ON THE ACTIVE BEACH, THE OWNER AGREES TO REMOVE IT IF ORDERED TO DO SO BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON STRIPED BASS TAKEN FROM LAKE MURRAY IS NOT IN EFFECT DURING THE MONTHS OF JUNE, JULY, AND AUGUST.
Rep. OTT moved to adjourn debate on the Senate Amendments, which was agreed to.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4543 (Word version) -- Reps. Barrett, Barfield, Battle, Bingham, Cato, Dantzler, Easterday, Frye, Hamilton, Harrison, Hinson, Kelley, Limehouse, Littlejohn, Loftis, Lourie, Merrill, Sandifer, Sharpe, D. C. Smith, G. M. Smith, J. E. Smith, Stuart, Tripp, Trotter, Walker, Webb, White, Wilkins and J. Young: A CONCURRENT RESOLUTION TO PROCLAIM SEPTEMBER 11 OF EACH YEAR AS "911 HEROES DAY", A DAY OF RECOGNITION HONORING PUBLIC SAFETY
Rep. BARRETT moved to adjourn debate on the Senate Amendments, which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments:
S. 204 (Word version) -- Senators Hawkins and Richardson: A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2, SO AS TO CREATE THE "FAMILY PRIVACY PROTECTION ACT OF 2001" TO ESTABLISH STATE POLICY REGARDING THE USE AND DISSEMINATION OF PERSONAL INFORMATION; TO DEFINE CERTAIN TERMS; TO ESTABLISH CERTAIN DISCLOSURE AND NOTIFICATION REQUIREMENTS; TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING ACCESS TO, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD FOR USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE; AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS OF THESE PROVISIONS.
The following Bill was taken up, read the third time, and ordered sent to the Senate:
H. 3823 (Word version) -- Reps. Altman, Hinson, Campsen and Easterday: A BILL TO AMEND SECTION 20-3-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALIMONY AND SECTION 20-3-150, RELATING TO THE SEGREGATION OF CHILD SUPPORT AND ALIMONY IN A COURT ORDER, SO AS TO PROVIDE THAT ALIMONY IS TERMINATED UPON THE CONTINUED COHABITATION OF THE SUPPORTED SPOUSE AND TO DEFINE "CONTINUED COHABITATION".
Rep. EASTERDAY moved that the House recur to the Morning Hour, which was agreed to.
The following was introduced:
H. 4941 (Word version) -- Reps. McLeod, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A CONCURRENT RESOLUTION RECOGNIZING THE 2002 OBSERVANCE OF NATIONAL AGRICULTURE DAY ON WEDNESDAY, MARCH 20, 2002, AND ENCOURAGING ALL SOUTH CAROLINIANS TO REFLECT ON THE CENTRAL ROLE OF AGRICULTURE IN THIS STATE AND THE UNITED STATES AS THE BASIS FOR OUR FOOD, FIBER, SHELTER, AND INCREASINGLY, FUEL, AND EXPRESS APPRECIATION FOR THE HARDWORKING MEN AND WOMEN WHO COMPRISE OUR STATE'S AND THE NATION'S AGRICULTURAL COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bill and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4942 (Word version) -- Reps. Talley, Sinclair, Allison, Davenport, Lee, Littlejohn, W. D. Smith and Walker: A BILL TO AMEND SECTION 16-3-635, CODE OF LAWS OF SOUTH CAROLINA, 1976,
H. 4943 (Word version) -- Reps. W. D. Smith and Sinclair: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LIMITATIONS ON STATE BUDGET EXPENDITURES AND STATE EMPLOYEES AND THE LIMITATIONS ON THE ANNUAL BUDGETS AND EXPENSES OF POLITICAL SUBDIVISIONS OF THE STATE AND SCHOOL DISTRICTS, SO AS TO PROVIDE THAT THE TOTAL OF STATE FUNDS FROM ALL SOURCES EXCEPT FEDERAL REVENUES APPROPRIATED FOR FISCAL YEARS BEGINNING AFTER 2005 MUST NOT EXCEED THE TOTAL OF SUCH APPROPRIATIONS FOR THE PRECEDING FISCAL YEAR BY MORE THAN THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX IN THE LAST COMPLETED CALENDAR YEAR, TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE INDEX USED TO MEASURE INCREASES IN THE CONSUMER PRICE INDEX FOR PURPOSES OF THIS LIMITATION, AND TO PROVIDE THAT THIS LIMITATION DOES NOT APPLY TO A BILL OR JOINT RESOLUTION APPROPRIATING FUNDS IN EXCESS OF THE LIMIT IF THE BILL OR JOINT RESOLUTION RECEIVES AN AFFIRMATIVE VOTE IN EACH HOUSE OF THE GENERAL ASSEMBLY BY AT LEAST TWO-THIRDS OF THE MEMBERS PRESENT BUT NOT LESS THAN THREE-FIFTHS OF THE TOTAL MEMBERSHIP OF EACH HOUSE.
Referred to Committee on Ways and Means
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. ALTMAN having the floor:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Reps. ALTMAN, COOPER, WHITE, SHARPE, CHELLIS, SCARBOROUGH, D. C. SMITH, MOODY-LAWRENCE, KELLEY, GOURDINE, STUART, BALES, OTT, J. R. SMITH, LEACH, KNOTTS, CLYBURN and VAUGHN requested debate on the Bill.
The following Bill was taken up:
H. 4583 (Word version) -- Reps. Tripp, Cato, Bales, Altman, Askins, Barfield, G. Brown, Coates, Cooper, Easterday, Harrison, Kirsh, Klauber, Leach, Littlejohn, Loftis, McCraw, McGee, Owens, Perry, Phillips, Sandifer, Scarborough, Simrill, Stille, Thompson, Vaughn, White, Wilkins, J. Young, Rodgers, A. Young and Walker: A BILL TO AMEND THE
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SKB\AMEND\ 18274ZCW02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 38-71-285. (A) As used in this section:
(1) 'mandated health benefit' means a benefit or coverage that is required by law to be offered or provided by a health insurance issuer and includes: coverage for specific health care services, treatments or practices; or the offering of specific health care services, treatments or practices;
(2) 'health insurance issuer' means any entity that provides health insurance coverage in this State.
(B) There is established the Task Force to Review State and Federal Health Insurance Mandates in South Carolina (task force). The task force consists of ten members selected as follows:
(1) the Director of the Department of Insurance, or his designee;
(2) the Chairman of the Senate Committee on Banking and Insurance, or his designee;
(3) the Chairman of the House of Representatives Committee on Labor, Commerce and Industry, or his designee;
(4) the Director of the State Employees' Health Plan, or his designee;
(5) two members to be appointed by the Governor; and
(6) four additional members selected by unanimous agreement of the members provided in items (1), (2), (3) and (4). These four members must have demonstrated expertise in health insurance and managed care issues; and
(a) two must be representatives of the health insurance industry, at least one of which being a representative of a domestic health insurance issuer;
(b) two must be representatives of the business community, at least one of which must be a representative of a company that employs fewer than fifty employees.
Vacancies in the task force must be filled by appointment or selection, as applicable, in the manner of original appointment or selection. No business other than that necessary to establish the task force and select the additional members may be conducted until all eight members have been appointed or selected and qualify. Staff and administrative support for the task force must be provided by the Department of Insurance and the State Employees' Health Plan in the manner the task force determines appropriate.
(C) The task force may hold public hearings, conduct research, receive the testimony of experts, review, for purposes of comparison, the mandated health benefits upon health insurance issuers in other states and jurisdictions and the effects of such mandates, and take other actions it determines appropriate for the completion of its assigned task. At a minimum, the task force shall inquire into and make recommendations with respect to:
(1) each and every State and Federally mandated health benefit placed upon health insurance issuers in South Carolina since 1990;
(2) the impact of each such mandated health benefit on the premiums for health insurance coverage in South Carolina.
(D) The task force shall make a final report with recommendations to the General Assembly no later than January 1, 2005. Upon submission of the final report and recommendations, the task force is dissolved. Until the task force is so dissolved, no mandated health benefit may be imposed on a health insurance issuer doing business in this State beyond those required as of January 1, 2002.
(E) Nothing in this section shall be construed to prohibit any health insurance issuer from voluntarily expanding coverage or to prohibit any individual or employer from electing to expand coverage on any health maintenance organization contract or individual or group health insurance policy or contract covering the individual, the employer, or employees of the employer as applicable.
(F) Nothing in this section shall be construed to prohibit amendments to comport with federal law. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
Rep. J. E. SMITH raised the Point of Order that H. 4583 was unconstitutional in that where a general law can be made applicable, no special law can be enacted in accordance with Article III, Section 34 of the Constitution of South Carolina.
SPEAKER WILKINS stated that a similar Point of Order was raised in May of 1993. In that ruling, the SPEAKER stated that he could not rule on the constitutionality of a Bill. SPEAKER WILKINS stated further that he can only rule on substantive constitutional questions. He therefore overruled the Point of Order.
Rep. TRIPP continued speaking.
Rep. TRIPP spoke in favor of the amendment.
Rep. WHIPPER requested debate on the Bill.
The amendment was then adopted.
Rep. TRIPP proposed the following Amendment No. 2 (Doc Name COUNCIL\SWB\AMEND\5248ZCW02), which was adopted:
Amend the bill, as and if amended, Section 38-71-285(5) as contained in SECTION 1 by striking: /two members to be appointed by the Governor; and / and inserting /two members to be appointed by the Governor, one of whom must be a representative of health care providers and one of whom must be a member of the general public who is not associated with health care providers; and /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Allen Allison Altman Barfield Barrett Battle Bingham Bowers Brown, G. Brown, J. Campsen Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Emory Fleming Freeman Frye Gilham Gourdine Hamilton Harrell Harrison Hayes Hines, J. Hines, M. Hinson Howard Huggins Jennings Keegan Kelley Kirsh Klauber Koon Law Leach Limehouse Littlejohn Loftis Lucas McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Perry Phillips Rhoad Rice Riser Rivers Sandifer Scarborough Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, F.N. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks White Wilder Wilkins Witherspoon Young, A. Young, J.
Hosey Moody-Lawrence Rutherford Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
I was out of the Chamber from 10:45 a.m. until 12:30 p.m. in order to testify before a Senate subcommittee on H. 3145, a Bill of which I am the primary sponsor, dealing with criminal background checks on employees of nursing homes and home health agencies.
Rep. Joel Lourie
I was in the nurses office when the vote was taken on H. 4583. I supported the Bill and would have voted yes.
Rep. Jimmy Bales
Rep. HARRISON 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. 4944 (Word version) -- Rep. Sharpe: A BILL TO AMEND SECTION 46-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS ASSOCIATED WITH FERTILIZERS, BY ADDING A DEFINITION OF "RESTRICTED FERTILIZER"; TO AMEND SECTION 46-25-210, AS AMENDED, RELATING TO REGISTRATION OF FERTILIZER, SO AS TO PROVIDE FOR FERTILIZER DISTRIBUTOR PERMITS, TO PROVIDE FOR GENERAL AND RESTRICTED FERTILIZER PERMITS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION; AND TO AMEND SECTION 46-25-1170, RELATING TO CIVIL PENALTIES IN ADDITION TO OTHER PENALTIES, SO AS TO INCLUDE THE DENIAL, REVOCATION,
On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:
H. 4945 (Word version) -- Reps. Jennings and Neilson: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE WINNERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS ADVISORY COMMITTEE ON WEDNESDAY, APRIL 24, 2002, AT 12:00 NOON OR A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF RECOGNIZING AND CONGRATULATING THE WINNERS FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives be extended to the winners of the 2002 Jean Laney Harris Folk Heritage Awards and the Advisory Committee on Wednesday, April 24, 2002, at 12:00 noon or a time to be determined by the Speaker, for the purpose of recognizing and congratulating the winners for their outstanding contributions to Folk Art in South Carolina.
The Resolution was adopted.
On motion of Rep. JENNINGS, with unanimous consent, the following was taken up for immediate consideration:
H. 4946 (Word version) -- Reps. Jennings and Neilson: A CONCURRENT RESOLUTION INVITING THE WINNERS OF THE 2002 JEAN LANEY HARRIS FOLK HERITAGE AWARDS AND THE MEMBERS OF THE 2002 JEAN LANEY HARRIS FOLK
Whereas, in 1987, the General Assembly created the South Carolina Folk Heritage Awards, recently renamed the Jean Laney Harris Folk Heritage Awards, to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and for their State in ways that are significant because their work has lasted, often for hundreds of years; and
Whereas, the winners of the 2002 Jean Laney Harris Folk Heritage Awards are citizens who have maintained and enriched the lives of all persons of their communities and of the State through their unique talents and through their substantial contributions to the traditional heritage of South Carolina; and
Whereas, the 2002 Jean Laney Harris Folk Heritage Awards Advisory Committee has performed its duties admirably. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly invite the winners of the 2002 Jean Laney Harris Folk Heritage Awards and the members of the 2002 Jean Laney Harris Folk Heritage Awards Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House of Representatives at 12:00 noon on Wednesday, April 24, 2002, or a time mutually convenient for both bodies, as determined by the Speaker of the House and the President Pro Tempore of the Senate, and that the members of the General Assembly recognize and commend the 2002 Jean Laney Harris Folk Heritage
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. OTT moved to adjourn debate upon the following Bill, which was adopted:
H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J. H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D. C. Smith, J. E. Smith, J. R. Smith, Stille, Stuart, Talley, Taylor, Thompson, Walker, Weeks, Whatley, Wilder, A. Young and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 53-3-150 SO AS TO DESIGNATE THE ELEVENTH DAY OF SEPTEMBER OF EACH YEAR AS A STATE DAY OF REMEMBRANCE FOR THE VICTIMS OF THE SEPTEMBER 11, 2001, TERRORIST ATTACKS AND FOR ALL OF SOUTH CAROLINA'S FIREFIGHTERS, LAW ENFORCEMENT OFFICERS, NATIONAL GUARD, AND EMERGENCY SERVICE PERSONNEL.
The following Joint Resolution was taken up:
H. 4501 (Word version) -- Rep. Scott: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 8, ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE PROHIBITION ON PUBLIC OFFICERS GAMBLING OR BETTING ON GAMES OF CHANCE, SO AS TO PROVIDE AN EXCEPTION THAT ALLOWS PARTICIPATION IN LOTTERIES CONDUCTED BY THE STATE OF SOUTH CAROLINA.
Reps. SANDIFER, COOPER, ALTMAN, J. E. SMITH, THOMPSON, G. M. SMITH, MCGEE, LEACH, SHARPE, HINSON, MERRILL, WHIPPER, TALLEY, DAVENPORT, WHITE,
Reps. BARRETT and RICE objected to the Joint Resolution.
On motion of Rep. SHARPE, 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. 1001 (Word version) -- Senator Gregory: A BILL TO AMEND SECTION 48-23-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNAUTHORIZED CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF PROPERTY OR SCENIC VALUES OF STATE COMMISSION OF FORESTRY LANDS, SO AS TO REVISE THE PROVISIONS RELATING TO CUTTING OR REMOVAL OF TREES AND DESTRUCTION OF STATE COMMISSION OF FORESTRY LANDS, AND PROVIDE THAT, EXCEPT WHERE AUTHORIZED, IT IS UNLAWFUL TO DISPLAY OR CONSUME ALCOHOLIC BEVERAGES ON STATE COMMISSION OF FORESTRY LANDS, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
The Senate amendments to the following Bill were taken up for consideration:
H. 3481 (Word version) -- Reps. Riser, Quinn, Barfield, Barrett, Bingham, Campsen, Chellis, Dantzler, Edge, Gilham, Gourdine, Harrell, Haskins, Huggins, Keegan, Kelley, Knotts, Law, Limehouse, McCraw, McGee, Miller, J. M. Neal, Ott, Phillips, Rhoad, Rodgers, Sandifer, Scarborough, Sharpe, Sheheen, D. C. Smith, Snow, Talley, Webb, Whatley, White, Witherspoon, A. Young and Bowers: A BILL TO AMEND SECTION 50-13-236, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREEL AND SIZE LIMITS ON STRIPED BASS AND BLACK BASS FROM LAKE MURRAY, SO AS TO DELETE THE PROVISION THAT THE SIZE LIMIT ON
Rep. OTT proposed the following Amendment No. 1A (Doc Name COUNCIL\GGS\AMEND\22436DJC02), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:
/ SECTION 1. Section 50-13-236 of the 1976 Code, as last amended by Act 401 of 2000, is further amended to read:
"Section 50-13-236. (A) The department may establish the daily creel limits and size limits on Lake Murray and on all waters of the Saluda River lying between the Lake Greenwood Dam (Buzzard's Roost Dam) and Lake Murray for striped bass (rockfish) and black bass by regulations promulgated and adopted in accordance with Article 1, Chapter 23 of Title 1. No creel or size limits may be set by emergency regulations. A person taking striped bass or black bass exceeding the limits set by the department is guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-13-285.
(B) Notwithstanding the provisions of subsection (A), the size limit on striped bass (rockfish) taken from Lake Murray is not in effect during the months of June, July, and August. during July and August it is unlawful to retain more than two striped bass (rockfish) per day that are taken from Lake Murray and less than the legal size limit." /
Renumber sections to conform.
Amend title to conform.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill was ordered returned to the Senate.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 4543 (Word version) -- Reps. Barrett, Barfield, Battle, Bingham, Cato, Dantzler, Easterday, Frye, Hamilton, Harrison, Hinson, Kelley, Limehouse, Littlejohn, Loftis, Lourie, Merrill, Sandifer, Sharpe, D. C. Smith, G. M. Smith, J. E. Smith, Stuart, Tripp, Trotter, Walker, Webb, White, Wilkins and J. Young: A CONCURRENT RESOLUTION TO
Rep. BARRETT explained the Senate Amendments.
The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.
Rep. FLEMING 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. 4947 (Word version) -- Reps. Allison, Littlejohn, Stuart and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-35 SO AS TO PERMIT THE LAWFUL OPERATION OF THE LOTTERY GAME KNOWN AS A "RAFFLE" WHEN IT IS CONDUCTED BY A CHARITABLE ORGANIZATION AND THE PRIZE IS NOT A MONETARY ONE; AND TO AMEND SECTION 59-150-20, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA EDUCATION LOTTERY ACT, SO AS TO REFLECT THAT THE "RAFFLE", WHEN CONDUCTED AS PRESCRIBED, IS A LAWFUL LOTTERY GAME.
Referred to Committee on Judiciary
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 4869 (Word version) -- Reps. Govan, Moody-Lawrence, Bales, Barfield, Barrett, Bingham, Bowers, Breeland, J. Brown, Clyburn, Emory, Frye, Gourdine, J. Hines, Hinson, Hosey, Keegan, Kirsh, Koon, Littlejohn, Lourie, Mack, Martin, McGee, McLeod, Meacham-Richardson, Merrill, J. H. Neal, Owens, Parks, Quinn, Rhoad, Riser, Rodgers, Rutherford, Sandifer, Simrill, D. C. Smith, J. E. Smith, J. R. Smith,
The motion period was dispensed with on motion of Rep. FLEMING.
The following Bill was taken up:
H. 4421 (Word version) -- Reps. Townsend, Walker and Littlejohn: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF A SCHOOL DISTRICT AS UNSATISFACTORY PURSUANT TO THE EDUCATION ACCOUNTABILITY ACT OF 1998, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS ARBITER OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.
Rep. WALKER explained the amendment.
The amendment was then adopted.
Reps. TOWNSEND, OTT, WALKER and WEEKS proposed the following Amendment No. 2 (Doc Name COUNCIL\GGS\AMEND\ 22430DJC02):
Amend the bill, as and if amended, Section 59-18-1580(C), SECTION 1, page 2, line 33, by striking subsection (C) in its entirety and inserting:
/ (C) The district board of trustees may appoint at least two nonvoting members to the board from a pool nominated by the Education Oversight Committee and the State Department of Education. The appointed members shall have demonstrated high levels of knowledge, commitment, and public service, must be recruited and trained for service as appointed board members by the Education Oversight Committee and the State Department of Education, and shall represent the interests of the State Board of Education on the district board. Compensation for the nonvoting members must be paid by the State Board of Education in an amount equal to the compensation paid to the voting members of the district board. /
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. TOWNSEND moved to adjourn debate on the Bill until Thursday, March 21, which was agreed to.
The following Bill was taken up:
H. 3450 (Word version) -- Reps. Bingham, Knotts, Lourie, J. E. Smith, Stuart and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE FOR THE OFFENSE OF MISDEMEANOR DEATH BY A VEHICLE, AND TO PROVIDE A PENALTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\GGS\AMEND\22356CM02):
Amend the bill, as and if amended, by striking SECTION 1, and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 56-5-2925. (A) A person who unintentionally causes the death of another person while violating a state law or local ordinance which applies to the operation or use of a vehicle or to the regulation of traffic, and the violation is the proximate cause of the accident, is guilty of a misdemeanor and, upon conviction, must be fined not less than twenty-five dollars nor more than two hundred dollars or imprisoned for not more than thirty days.
(B) For the purposes of this section, 'state law or ordinance which applies to the operation or use of the vehicle or to the regulation of traffic' does not include the offenses of causing great bodily injury or death by operating a vehicle while under the influence of alcohol, drugs, or the combination of both, or reckless homicide." /
Amend totals and title to conform.
Rep. DELLENEY explained the amendment.
Rep. RUTHERFORD moved to adjourn debate on the Bill until Tuesday, March 26, which was agreed to.
Rep. COOPER moved that the House do now adjourn, which was agreed to.
At 12:30 p.m. the House, in accordance with the motion of Rep. SIMRILL, adjourned in memory of Robert "Bob" Hyman of Rock Hill, to meet at 10:00 a.m. tomorrow.
This web page was last updated on Thursday, June 25, 2009 at 1:03 P.M.