South Carolina General Assembly
114th Session, 2001-2002
Journal of the House of Representatives

Printed Page 2474 . . . . . Friday, April 12, 2002

Friday, April 12, 2002
(Local Session)

Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer as follows:

God of all generations, may we feel Your nearness amid the uncertainties of this day. Spare us from despair, defeatism, frustrations, anything less than the best. Accomplish through us Your divine purposes, however frail our efforts. Cause us to feel at all times the upward tug of divine inspired hope. When we cannot see clearly the road ahead, light up the pathway enough that we may take one step at a time. When our human strength falters, give us Your strength sufficient for our needs. So speak clearly to us in the words of the Psalmist: "Wait on the Lord: be of good courage, and I will strengthen your heart." (Psalms 27-14a) Amen.

After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.

SENT TO THE SENATE

The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate:

H. 3851 (Word version) -- Reps. J. E. Smith and Rodgers: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS.

H. 3921 (Word version) -- Reps. Perry, Whatley, Knotts, Coates, D. C. Smith and McLeod: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX DEDUCTION ALLOWED VOLUNTEER FIREFIGHTER AND RESCUE SQUAD MEMBERS, SO AS TO EXTEND THE DEDUCTION TO A VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM AND TO DELETE OBSOLETE PROVISIONS, AND TO AMEND SECTION 23-9-190, RELATING TO THE ESTABLISHMENT OF A

Printed Page 2475 . . . . . Friday, April 12, 2002
PERFORMANCE-BASED POINT SYSTEM TO DETERMINE ELIGIBILITY FOR THE STATE INCOME TAX DEDUCTION ALLOWED VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD WORKERS, SO AS TO EXTEND THIS POINT SYSTEM TO VOLUNTEER HAZMAT TEAM MEMBERS.

H. 4760 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 42-1-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF WORKERS' COMPENSATION, SO AS TO INCLUDE STATE CONSTABLES; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATED AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO INCLUDE PROVISIONS FOR VOLUNTEER STATE CONSTABLES WHO SERVE WITHOUT COMPENSATION.

H. 4823 (Word version) -- Reps. Cato, Chellis, Battle, G. Brown, J. Brown, Cooper, Edge, Harrison, Hinson, Jennings, Law, Lee, Limehouse, Lourie, Miller, Perry, Quinn, Rice, Rutherford, Sandifer, Scarborough, Scott, F. N. Smith, J. E. Smith, Tripp, Trotter, Walker and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-35 SO AS TO PROHIBIT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT A BOND TO SECURE THE BID OR THE PERFORMANCE OR PAYMENT OF THE CONTRACT BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER; AND TO AMEND SECTIONS 11-1-120, 11-35-3030, AS AMENDED, 12-28-2740, 29-6-250, AND 57-5-1660, RELATING TO PAYMENT BONDS, BID BONDS, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS, AND HIGHWAY CONSTRUCTION BONDS, RESPECTIVELY, ALL SO AS TO ADD CONFORMING LANGUAGE PROHIBITING THE STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT THE BOND BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER.

H. 4852 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO

Printed Page 2476 . . . . . Friday, April 12, 2002
DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.

H. 4898 (Word version) -- Reps. Harrison, Jennings and J. E. Smith: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF LEGAL COUNSEL FOR CHILDREN AND PARENTS IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO ALSO APPLY THESE APPOINTMENT PROCEDURES TO VOLUNTARY PLACEMENT PROCEEDINGS; TO AMEND SECTION 20-7-121, AS AMENDED, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM AND COURT-APPOINTED SPECIAL ADVOCATES IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO ALSO APPLY THE APPOINTMENT OF THESE ADVOCATES TO THE EXTENSION OF VOLUNTARY PLACEMENT AGREEMENTS OR PROCEEDINGS; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITIONS OF AN "ABUSED OR NEGLECTED CHILD" AND "ABANDONMENT OF A CHILD" AND TO DELETE THE DEFINITION OF "AFFIRMATIVE DETERMINATION"; TO ADD SECTION 20-7-570 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO BRING A CIVIL ACTION AGAINST A PERSON WHO HAS REPORTED CHILD ABUSE OR NEGLECT MALICIOUSLY OR IN BAD FAITH; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO TAKING EMERGENCY PROTECTIVE CUSTODY OF ABUSED OR NEGLECTED CHILDREN, SO AS TO REVISE THE STANDARD FOR REMOVING OTHER CHILDREN WHO MAY BE AT RISK FROM THE HOME FROM BEING SUBJECT TO "THREAT OF HARM" TO BEING SUBJECT TO "SUBSTANTIAL RISK OF HARM" AND TO MAKE A TECHNICAL REVISION; TO AMEND SECTION 20-7-635, RELATING TO TEMPORARY CRISIS PLACEMENT FOR CHILDREN WHO ARE ABUSED OR NEGLECTED, SO AS TO DELETE THE PROVISION LIMITING SUCH PLACEMENTS TO SEVENTY-TWO HOURS; TO ADD SECTION 20-7-637 SO AS TO

Printed Page 2477 . . . . . Friday, April 12, 2002
AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ACCEPT A VOLUNTARY PLACEMENT OF A CHILD MADE BY THE CHILD'S PARENT OR GUARDIAN, TO REQUIRE A PLACEMENT AGREEMENT, AND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THE VOLUNTARY PLACEMENT; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING RECEIVING AND PROCESSING REPORTS OF CHILD ABUSE OR NEGLECT, SO AS TO REVISE THE CATEGORIZATION OF SUCH REPORTS, TO REVISE RECORD RETENTION PROCEDURES, AND TO REVISE CONFIDENTIALITY AND DISCLOSURE OF INFORMATION PROVISIONS; TO AMEND SECTION 20-7-655, AS AMENDED, RELATING TO THE CHILD PROTECTIVE SERVICES APPEAL PROCESS, SO AS TO ELIMINATE THE APPEALS COMMITTEE PROCESS, TO ESTABLISH THAT SUCH AN APPEAL IS A CONTESTED CASE, TO CLARIFY THAT THE PROCESS IS ONLY AVAILABLE TO PERSONS DETERMINED TO HAVE ABUSED OR NEGLECTED A CHILD, TO CLARIFY PROCEDURES FOR AN INTERIM REVIEW BEFORE A CONTESTED CASE HEARING, AND TO FURTHER SPECIFY REMOVING DATA FROM THE DEPARTMENT'S RECORDS AND THE CENTRAL REGISTRY WHEN ABUSE OR NEGLECT IS NOT FOUND; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO JURISDICTION FOR RECEIVING AND INVESTIGATING INSTITUTIONAL CHILD ABUSE AND NEGLECT REPORTS, SO AS TO CLARIFY THAT THE DEPARTMENT OF SOCIAL SERVICES IS AUTHORIZED TO RECEIVE AND INVESTIGATE SUCH REPORTS IN CHILD DAYCARE FACILITIES AND TO FURTHER PROVIDE FOR THESE INVESTIGATIONS; TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO INFORMATION ON UNFOUNDED REPORTS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROHIBIT THE REGISTRY FROM CONTAINING ANY INFORMATION FROM UNFOUNDED REPORTS; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS CREATED AS A PART OF A QUALITATIVE REVIEW OF A COUNTY'S CHILD WELFARE CASE FILES OR AS
Printed Page 2478 . . . . . Friday, April 12, 2002
A RESULT OF REVIEWS CONDUCTED PURSUANT TO THE DEPARTMENT'S CHILD DEATH PROTOCOL; TO AMEND SECTION 20-7-762, AS AMENDED, RELATING TO TREATMENT PLANS FOR CHILDREN REMAINING AT HOME BUT RECEIVING PROTECTIVE SERVICES, SO AS TO CHANGE THE TERM TO "SERVICE PLAN" AND REVISE LANGUAGE TO CONFORM TO THIS TERM; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR FOSTER CHILDREN, SO AS TO PROVIDE THAT SUCH PLANNING APPLIES TO FOSTER CHILDREN IN THE CUSTODY OF THE DEPARTMENT BY ANY MECHANISM, TO REVISE TIME FRAMES FOR ACCOMPLISHING PERMANENCY PLANS, AND TO REQUIRE ANNUAL COURT REVIEW OF SUCH PLANS FOR CHILDREN TEN YEARS OLD AND OLDER AND BIANNUALLY FOR CHILDREN UNDER TEN YEARS OF AGE; TO AMEND SECTION 20-7-768, RELATING TO EXEMPTIONS FROM TERMINATION OF PARENTAL RIGHTS, SO AS TO CONFORM CROSS REFERENCES AND LANGUAGE TO OTHER AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS A GROUND FOR TERMINATION A CHILD RESIDING IN FOSTER CARE FOR ONE HUNDRED EIGHTY DAYS AND THAT THE CONDITION THAT LED TO FOSTER CARE STILL EXISTS; TO AMEND SECTION 20-7-1642, AS AMENDED, TO ADD SECTION 20-7-2265, AND TO AMEND SECTIONS 20-7-2725, 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2900, AND 20-7-3097, ALL AS AMENDED, AND ALL RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS, SO AS TO PROVIDE THAT WHEN A CRIMINAL HISTORY BACKGROUND CHECK IS REQUIRED FOR LICENSING, REGISTRATION, APPROVAL, OR RENEWAL, OR PLACEMENT OR SERVICE AS A CAREGIVER OR VOLUNTEER OR EMPLOYMENT WITH A CHILD WELFARE AGENCY, SUCH ACTIVITY MAY NOT BE PROHIBITED IF A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE HAS BEEN PARDONED, UNLESS OTHER CIRCUMSTANCES WARRANT PROHIBITING THE ACTIVITY; TO AMEND SECTION 20-7-3010, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES AUTHORITY TO SEEK AN INJUNCTION AGAINST A CHILD DAYCARE FACILITY, SO AS TO PROVIDE THAT SUCH AN INJUNCTION
Printed Page 2479 . . . . . Friday, April 12, 2002
MUST BE BROUGHT IN CIRCUIT COURT, RATHER THAN FAMILY COURT; AND TO REPEAL SECTION 20-7-2920, RELATING TO SEEKING INJUNCTIONS AGAINST A CHILD DAYCARE CENTER OR GROUP DAYCARE HOME.

H. 4808 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A CONTRACT FOR THE SALE OR PURCHASE OF PROPERTY RELATED TO EFFORTS TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY IS EXEMPT UNTIL THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS PROJECT OR A FINAL CONTRACT HAS BEEN EXECUTED AND TO PROVIDE THAT INFORMATION RELATIVE TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT BUSINESS OR INDUSTRY TO INVEST IN THIS STATE ARE NOT EXEMPT FROM DISCLOSURE ONCE AN OFFER HAS BEEN ACCEPTED OR REJECTED OR HAS EXPIRED.

H. 4981 (Word version) -- Reps. Lourie and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO PROVIDE SPECIFIC PENALTIES FOR THEFT OF A CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO DELETE THE PROVISION ALLOWING DISPENSING OF UP TO ONE

Printed Page 2480 . . . . . Friday, April 12, 2002
HUNDRED TWENTY DOSAGE UNITS OF A CONTROLLED SUBSTANCE AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS AND TO PROMULGATE REGULATIONS RELATING TO EXEMPTIONS FROM HYPODERMIC NEEDLE REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND TO CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.

H. 4930 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE STATE BOARD OF LAW EXAMINERS, SO AS TO PROVIDE THAT THE NUMBER OF MEMBERS AND TERMS MUST BE SET BY THE SUPREME COURT, TO AUTHORIZE A PERSON TO SERVE WHO HAS BEEN PRACTICING LAW FOR SEVEN YEARS, AND TO DELETE THE PROVISION LIMITING BOARD MEMBERSHIP TO ONE FROM EACH CONGRESSIONAL DISTRICT.

H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.

H. 4653 (Word version) -- Rep. Askins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN FLORENCE COUNTY SCHOOL DISTRICT THREE WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.

Printed Page 2481 . . . . . Friday, April 12, 2002

RETURNED TO THE SENATE WITH AMENDMENTS

The following Joint Resolution was taken up, read the third time, and ordered returned to the Senate with amendments:

S. 986 (Word version) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land, Mescher and Alexander: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS PURPOSE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.

ORDERED ENROLLED FOR RATIFICATION

The following Joint Resolutions were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification:

S. 1177 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2687, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 1178 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL-FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2688, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 947 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT UPON A VOTE BY A MAJORITY OF THE OCONEE COUNTY SCHOOL BOARD OF TRUSTEES, UP TO THREE DAYS MISSED BY THE STUDENTS OF THE OCONEE COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.

Printed Page 2482 . . . . . Friday, April 12, 2002

ADJOURNMENT

At 10:45 a.m. the House in accordance with the ruling of the SPEAKER adjourned to meet at 12:00 noon, Tuesday, April 16.

***

This web page was last updated on Thursday, June 25, 2009 at 1:04 P.M.