Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 noon.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Isaiah 33:2: "O Lord, be gracious to us; we wait for You. Be our arm every morning, our salvation in the time of trouble."
Let us pray. Almighty God, source of our being, look in favor upon these people formed today to begin the task placed before them. Fill them with the enthusiasm and desire to do what is the right thing for the common good. Give to each of these, Representatives, staff, assistants, helpers, pages, and the leadership, the necessary ingredients to work together in harmony and faithfulness for this great State, that we may, with Your help, make it better. Bless our President and our State leaders. Keep safe our defenders of freedom. In Your Holy name we 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.
Rep. YOUNG moved that when the House adjourns, it adjourn in memory of Troy Knight of Summerville, which was agreed to.
The House stood in silent prayer for the nine people who died in the railroad accident in Aiken County, their families, and the 5,400 who are displaced.
The SPEAKER ordered the following veto printed in the Journal:
September 8, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 5085 (Word version), R.436, a bill which allows a surviving spouse of a decedent whose organs are donated to claim a one thousand dollar income tax credit. This type of tax credit is the first of its kind to be adopted by any state legislature to date. I am vetoing this bill because I believe it allows a form of valuable consideration for human organ transplants which I oppose and also may be a violation of federal law.
While I understand this well-intended attempt to encourage more organ donations, I believe the nature of this financial incentive is ethically and morally-suspect because it gives a monetary incentive for human organ donation. This type of financial incentive is also strongly opposed by the National Kidney Foundation, which also objects to H. 5085.
Additionally, Section 374(e) of Title 42 of the United States Code prohibits any person from knowingly acquiring any human organ for "valuable consideration" for use in human transplantation. A one thousand dollar income tax credit given to the surviving spouse of an organ donor may be considered "valuable consideration" in violation of federal law.
For these reasons, I am vetoing H. 5085, R.436.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
July 16, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
State House
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3831 (Word version), R. 410. As I stated in my veto of a virtually identical bill passed last year, I believe that this bill is unduly burdensome and imposes unnecessary regulatory restrictions on a specific group of small businesses in South Carolina.
This bill mandates that nonfranchise automobile dealers complete at least eight hours of prelicensing education courses before they may be issued a license to sell automobiles. These prelicensing requirements do not apply to franchise automobile dealers. To reiterate, I believe government regulations must protect its citizens in a manner that is not unfairly and unduly burdensome to any private industry, including small businesses. This bill unfairly requires mandatory educational training of certain small business licensees when other similar businesses are free from such government regulation. More importantly, prelicensing requirements of this nature are effectively a barrier to entry for a particular group of automobile dealers in the state's automobile sales industry. I maintain my belief that the state can protect automobile consumers in a less restrictive manner.
For these reasons, I am returning H. 3831, R. 410 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
November 9, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 5136 (Word version), R. 380, a joint resolution which directs the Department of Health and Environmental Control to cease issuing new ambulance service licenses for no more than 120 days or until DHEC has the necessary personnel to enforce existing licensure requirements. I am vetoing this joint resolution because DHEC has informed this office that it has sufficient personnel to complete full inspections on applications for new ambulance service licenses.
DHEC has indicated that budget cuts have adversely impacted its ability to inspect existing ambulance service providers. This joint resolution, however, does not address existing licenses. Instead, it prohibits the issuance of new licenses. DHEC has been conducting full inspections on new license applicants and has indicated it will continue to do full inspections. Thus, the 120 day moratorium on new licenses is unnecessary and unreasonably restricts new service providers from obtaining licenses.
For these reasons, I am vetoing H. 5136, R. 380.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
November 9, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3507 (Word version), R. 405, a bill which mandates certain rights and duties for lessors and lessees in commercial lease agreements. I am vetoing this bill because I believe parties to commercial lease agreements should have the freedom to contract regarding their respective commercial rights and duties.
This bill gives lessors a statutory right to enter and inspect the leased premises. While the bill does allow the parties to modify or eliminate this inspection right, the bill is unnecessary because parties to a commercial lease transaction can already decide whether or not to include an inspection provision in their lease under current contract law.
Until now, no statutory rights of this specific nature have been enacted for commercial leases because parties to a commercial lease have the flexibility to negotiate these details at arms-length. Unlike the government, parties to a commercial transaction are in the best position to know the terms and provisions needed for their particular agreement. I believe that contracting parties should have the flexibility to decide these types of commercial lease matters without the government creating new statutory rights.
For the reasons stated above, I am vetoing H. 3507, R. 405.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
December 6, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4455 (Word version), R. 417, a bill containing various sections relating to the transfers of prescriptions between pharmacists, licensure requirements for hair braiders, and certification requirements for cardiovascular invasive specialists. I am vetoing this bill because I believe it is unduly burdensome and imposes unnecessary regulatory restrictions on hair braiders.
While I fully support Section 1 of this bill which loosens restrictions for pharmacists, I do not support Section 3 which I believe places unnecessary government restrictions on hair braiders. Section 3 of this bill requires persons who braid hair to receive sixty hours of cosmetology education as a prerequisite to receiving state certification. Even though the intent of this section is to lessen the extreme, newly-applied requirement of 1,500 hours of education on hair braiders, I do not believe a person who braids hair should be burdened with any government-sanctioned educational requirements when there is no great public safety concern.
I believe Section 3 unfairly requires mandatory educational training for hair braiders when professions with a greater potential impact on public safety such as water treatment operators, chemical operators, residential builders, and general contractors are free from similar requirements. By comparison, a concealed weapons permit only requires eight hours of education and the educational requirement for selling real estate, which often involves complex financial transactions, is sixty hours of education - the same amount that this legislation would require for the braiding of hair.
My veto of H. 4455 stems from my fundamental belief in the need to limit the scope of government. I firmly agree with President Ronald Reagan who said in his first inaugural address that "government can and must provide opportunity, not smother it; foster productivity, not stifle it." While I believe that the pharmacy transfer portion of this bill certainly fosters productivity, I believe that mandating education courses as a prerequisite for individuals to perform hair braiding would serve to unnecessarily smother opportunity for many South Carolinians. Therefore, I would urge the General Assembly to remove all licensure and educational requirements for hair braiders early in the next legislative session so that they may be free to work without restrictions as soon as possible.
Finally, I am also concerned with the additional regulations placed on cardiovascular invasive specialists required by Section 2 of this bill. This section establishes a new regulatory program which requires state certification for cardiovascular invasive specialists, which is in addition to their current national certification requirements. I understand the need for proper credentialing of this medical specialty. However, South Carolina is the first state to pass such legislation and, according to Cardiovascular Credentialing International, the credentialing organization for this specialty, this bill imposes more restrictions to practice as a cardiovascular invasive specialist than the current national certification guidelines and would de-certify a significant number of cardiovascular invasive specialists who now have certification. I believe these regulations must be properly balanced by evaluating the sufficiency of the current national standards and the additional burdens placed on this profession against the public safety interests of our citizens.
Again, I strongly support the pharmacy transfer portion of H. 4455; however, the South Carolina Constitution prevents me from vetoing specific objectionable provisions of this bill. Therefore, if the General Assembly presents legislation to me that contains varied subjects and issues, some of which I do not support, I am compelled to veto the entire bill.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
December 6, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4821 (Word version), R. 430, a bill containing various sections relating to licensure requirements for optometrists, licensure requirements for hair braiders, and registration requirements for cardiovascular invasive specialists. Identical versions of Section 2, which sets licensure requirements for hair braiders, and Section 4, which provides registration requirements for cardiovascular invasive specialists, were also passed by the General Assembly in H. 4455, R. 147, which I have also vetoed today. I am re-stating the reasons for my objection to the similar sections in H. 4455 below.
I am vetoing this bill because I believe it is unduly burdensome and imposes unnecessary restrictions on hair braiders. Section 2 of this bill requires persons who braid hair to receive sixty hours of cosmetology education as a prerequisite to receiving state certification. Even though the intent of this section is to lessen the extreme, newly-applied requirement of 1,500 hours of education on hair braiders, I do not believe a person who braids hair should be burdened with any government-sanctioned educational requirements when there is no great public safety concern.
I believe this bill unfairly requires mandatory educational training for hair braiders when professions with a greater potential impact on public safety such as water treatment operators, chemical operators, residential builders, and general contractors are free from similar requirements. By comparison, a concealed weapons permit only requires eight hours of education and the educational requirement for selling real estate, which often involves complex financial transactions, is sixty hours of education - the same amount that this legislation would require for the braiding of hair.
My veto of H. 4821 stems from my fundamental belief in the need to limit the scope of government. I firmly agree with President Ronald Reagan who said in his first inaugural address that "government can and must provide opportunity, not smother it; foster productivity, not stifle it." I believe that mandating education courses as a prerequisite for individuals to perform hair braiding would serve to unnecessarily smother opportunity for many South Carolinians. Therefore, I would urge the General Assembly to remove all licensure and educational requirements for hair braiders early in the next legislative session so that they may be free to work without restrictions as soon as possible.
Finally, I am also concerned with the additional regulations placed on cardiovascular invasive specialists required by Section 4 of this bill. This section establishes a new regulatory program which requires state certification for cardiovascular invasive specialists, which is in addition to their current national certification requirements. I understand the need for proper credentialing of this medical specialty. However, South Carolina is the first state to pass such legislation and, according to Cardiovascular Credentialing International, the credentialing organization for this specialty, this bill imposes more restrictions to practice as a cardiovascular invasive specialist than the current national certification guidelines and would de-certify a significant number of cardiovascular invasive specialists who now have certification. I believe these regulations must be properly balanced by evaluating the sufficiency of the current national standards and the additional burdens placed on this profession against the public safety interests of our citizens.
For the reasons stated above, I am vetoing H. 4821, R. 430.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
December 15, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3409 (Word version), R. 356, a bill which allows property owners to designate their property as a fireworks free zone. I am vetoing this bill because I believe that counties and municipalities should be given the authority to determine where and when fireworks can be used. This bill allows each property owner to determine whether fireworks can be used on his or her property, but in reality this type of self-zoning does nothing to protect neighboring property owners from the noise of exploding fireworks, which can have an impact well beyond the confines of a 100 foot lot.
Currently, state law has been interpreted by the courts and the Attorney General to limit the authority of local governments to regulate fireworks. This bill would change current law and give individual property owners the power to restrict the use of fireworks on their property by filing paperwork with local law enforcement and posting signs on the property to create a fireworks free zone. Additionally, this bill makes it a crime to knowingly and willfully discharge fireworks from, in, or into a fireworks free zone.
By allowing individual property owners to designate their property as fireworks free zones, this legislation bypasses city and county councils in balancing the rights of property owners who want to use fireworks and neighboring property owners who want their property and quiet enjoyment protected. It is our view that the parcel-by-parcel approach in this bill does not adequately address the quiet enjoyment issues arising from the use of fireworks. For instance, a property owner in Edisto Beach could make a fireworks free designation, but still have his quiet enjoyment disturbed by noise from fireworks being used in his neighborhood but not landing on his property. Local governments can balance these issues on a city or county-wide basis, while individual property owners have a much narrower focus.
I believe current law should be changed so that restrictions on the use of fireworks can be uniformly applied to citizens and tourists who use fireworks in a particular city or county. A piecemeal, parcel-by-parcel approach can be potentially confusing and overly restrictive. I believe giving counties and municipalities the authority to determine on a county or city-wide basis where fireworks can be used is a less restrictive way to deal with the safety and nuisance concerns raised by some property owners, and is consistent with home rule.
For these reasons, I am vetoing H. 3409, R. 356.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
December 15, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3552 (Word version), R. 407, a bill which requires individuals, veterinarians and employees of the Department of Social Services (DSS) to report incidents of animal cruelty to animal control officials or law enforcement. While I appreciate the intent of this bill to report cases of animal cruelty, I am vetoing it because I believe Section 1 unnecessarily creates a legal obligation to report animal cruelty for DSS employees and veterinarians who are already under a professional obligation to make these reports, and also because I believe it goes too far by requiring all citizens to follow mandatory reporting requirements.
This bill imposes a duty to report cases of animal cruelty on all citizens. I believe every citizen should report any criminal act, including cases of animal cruelty, when he is a witness to the act, because it is his moral and civic responsibility; not because it is mandated by the state. For this reason, both statutory and common law in South Carolina does not currently impose an affirmative legal duty to report criminal acts, including aggravated felony crimes like murder, carjacking, rape, and child abuse, on all citizens. Therefore, it goes without saying that reporting any type of criminal behavior, including animal cruelty, is an act of responsible citizenship rather than a mandatory legal duty imposed by the state.
This bill also requires veterinarians and DSS employees to report possible cases of animal cruelty when they know or reasonably believe abuse is occurring, and protects them from liability when making a report in good faith. I fully support the need to protect these professionals from liability when they are reporting in good faith. However, I do not believe the mandatory duty to report is necessary because DSS and veterinarians should make it their policy to report animal cruelty since it furthers their missions. In fact, because of the close link between child abusers and animal abusers, DSS has established a protocol for its employees to report all criminal behavior including probable cases of animal cruelty when acting within the course of their employment. Veterinarians also have a professional duty to provide for the welfare of animals which would include reporting cases of animal cruelty.
While I cannot support the mandatory reporting requirements imposed by this bill, I would support a bill that released veterinarians and DSS employees from liability when making a report of animal cruelty in good faith, especially since they are currently making these reports out of professional responsibility. Although I do not object to the remaining portions of H. 3552, R. 407, the South Carolina Constitution prevents me from vetoing specific objectionable provisions of this bill.
For the reasons stated above, I am returning H. 3552, R. 407 without my approval.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
December 15, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3891 (Word version), R. 413, a bill containing various sections relating to the creation of an acupuncture advisory committee, billing practices for anatomic pathology services, and registration requirements for cardiovascular invasive specialists. I am vetoing this bill because I believe it is unduly burdensome and imposes unnecessary regulatory restrictions on the affected professions. Identical versions of Section 6, which provides registration requirements for cardiovascular invasive specialists, were also passed by the General Assembly in H. 4455, R. 417 and in H. 4821, R. 430 which I vetoed on December 6, 2004.
Section 6 of this bill establishes a new regulatory program which requires state certification for cardiovascular invasive specialists, which is in addition to their current national certification requirements. South Carolina is the first state to pass such legislation for this specialty. According to Cardiovascular Credentialing International, the credentialing organization for this specialty, H. 3891 actually imposes more restrictions to practice as an invasive specialist than the current national certification guidelines and would de-certify a significant number of cardiovascular invasive specialists who now have certification. As I pointed out in my veto messages for H. 4455 and H. 4821, I believe the existing national certification standards provide sufficient safeguards without becoming a barrier to entry into this specialty profession.
While I recognize the value of some alternative medicines, I have concerns with the portions of this bill which would create a new Acupuncture Board. The Department of Labor, Licensing and Regulation (LLR) believes that our laws already provide for sufficient oversight of the acupuncture profession through the State Board of Medical Examiners. As we have only had one action filed against an acupuncturist in the past 23 years, a compelling public need does not appear to exist to create yet another oversight board in South Carolina.
I also have some concerns with Section 5 of this bill, which would prevent anyone other than the testing pathologists to bill for anatomical pathology tests. Preventing physicians who have direct client contact, such as gynecologists and family practitioners, from being able to bill their clients directly could add another level of inefficiency to our health care system and interferes with the free market. I have been consistent in my beliefs that the free market should dictate professional practices when there is no great public safety concern. In the case of billing practices, it seems that the health care marketplace, rather than government, could resolve any issues associated with how these services should be billed.
My veto of H. 3891 stems from my fundamental belief in the need to limit the scope of government. In my veto letters regarding H. 4455 and H. 4821, I quoted from President Ronald Reagan's first inaugural address when he said that "government can and must provide opportunity, not smother it; foster productivity, not stifle it." I believe that the enactment of this legislation would also serve to unnecessarily smother opportunity and stifle productivity for some South Carolinians.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
December 15, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 4481 (Word version), R. 362.
Though well-intentioned, this legislation duplicates ongoing efforts to work with communities of interest in the 2005 round of the Base Realignment and Closure Commission (BRACC) established at the Department of Defense (DoD). In addition, no funds were appropriated to fund efforts prescribed by this legislation which I believe will provide little additional assistance in preparing communities for the BRACC process.
On March 10, 2003, I signed Executive Order 2003-10 creating the South Carolina Military Base Task Force, which included representatives from state and local governments, as well as representatives from the business community. This Task Force was created to coordinate the efforts of local business and community leaders with those of state government to bring together all of the military communities in the State for the 2005 round of BRACC. In addition, the Executive Order created the Governor's Military Base Advisory Committee to provide guidance to my office and the Task Force on providing leadership for a coordinated strategy both here in South Carolina and in Washington, D.C. House Bill 4481 puts in statute a commission which already exists and performs duties that are already being carried out.
Second, there were no resources provided for either the staffing of the commission or for the South Carolina Military Value Revolving Loan Fund. The commission is to be staffed by the Governor's Office, which, if necessary, could be done through existing staff. However, no funding was provided for the Revolving Loan Fund, which would provide financing to military communities around the State to prepare for the upcoming BRACC. The earliest that any funding could be made available by the General Assembly would be January 2005, only four months before the Secretary of Defense is to make recommendations to the BRACC.
Third, at this point, enactment of this legislation will likely have little impact on the BRACC process because the process is very near completion. Under the BRACC timeline, the Secretary of Defense is to have the final Department of Defense recommendations to the BRACC by May 2005 and the BRACC final recommendations go to the President in September 2005. Given past history, the DoD recommendations will closely mirror the final recommendations, leaving the state with just a few short months of operational time under the proposed legislation.
Finally, and most importantly, my greatest concern is that this legislation may do more harm than good with regard to South Carolina's activities during this BRACC. Since the creation of the Advisory Committee and the Task Force, these members have invested hundreds of hours to establish and maintain close working relationships with members of the BRACC, the Department of Defense, and our congressional delegation. I fear that changing the structure at this point would do three things - upset the relations the Task Force has built, undermine each member's ability to effectively advocate before the Pentagon, BRACC, and local officials whom they have built relations with, and finally, de-stabilize an established process that has been up and running since March 10, 2003.
This administration is committed to working with the Comptroller General and the communities of interest to provide a well-coordinated effort for the upcoming round of BRACC. The state has provided funding to military communities for their efforts in preserving our military missions in South Carolina. In fact, each community will each receive $100,000 this year for those efforts.
I am vetoing this bill because it creates duplication of current activities already underway in the State and will put in statute a commission whose purpose will end soon after it begins. For these reasons, I am returning H. 4481, R. 362 to you without my signature.
Sincerely,
Mark Sanford
Governor
The SPEAKER ordered the following veto printed in the Journal:
December 17, 2004
The Honorable David H. Wilkins
Speaker of the House of Representatives
Post Office Box 11867
Columbia, South Carolina 29211
Mr. Speaker and Members of the House:
After a great deal of consideration and study, I have decided to veto H. 3065 (Word version), a bill which prevents the value of real property from increasing by more than twenty percent for purposes of property tax assessment. Although I believe this bill is a well-intentioned effort to reduce property tax burdens for certain residents who have seen dramatic increases in property values, unfortunately, it is also flawed by constitutional problems and significant shifts of the distribution of state education funding.
Since this bill arrived on my desk, I have carefully listened to the debate for and against the merits of a tax cap from residents, local officials, and business groups from all over the State. I have also studied the constitutional issues and the indirect impacts caused by the tax cap. And in weighing all of these dynamics, I have been guided by my firm and consistent support of tax relief for the citizens of South Carolina. When I was in Congress my voting record was rated number one by the National Taxpayers' Union in votes to limit taxes. Limiting government and its tax load drives my political philosophy, but in the final analysis I have concluded that I cannot sign H. 3065. My primary reason for this is that I believe it is unconstitutional. Ultimately the courts will make the final determination, but it is my duty to state my opinion given my oath of office which is, in part, to uphold the constitution, and I am required to consider this with any bill that comes before me. This bill was further encumbered because it causes a shift in state education funding, and it is, as well, my role to look at large policy implications of any bill and make an assessment. This shift in the distribution of state funding may have been something the General Assembly considered, but at this point it appears to be an unintended consequence rather than an outcome derived by debate.
Constitutional Problems
I believe H. 3065 is unconstitutional for two reasons. First, H. 3065 directly conflicts with Article X, Section 1 and Article III, Section 29 of the South Carolina Constitution which require that tax assessments be based on fair market value of real property. This bill allows certain property owners whose real property value has greatly increased to pay property taxes based on less than the property's fair market value. Therefore, it conflicts with this constitutional requirement because it allows tax assessments to be capped at less than fair market value.
The only way to avoid the requirement that property tax assessments be based on fair market value is by creating a general exemption or homestead exemption from property tax as permitted by Article X, Section 3 of the state constitution. I do not believe H. 3065 satisfies these constitutional exceptions because the tax cap is neither a general exemption nor a homestead exemption. A general exemption from property tax requires that "property" be exempt from taxation. The tax cap does not exempt property, it exempts value. Homestead exemptions are limited to "homesteads" or owner occupied residential property. The tax cap clearly applies to all real property, not just residential property.
This legal position is supported by a recent decision by Circuit Court Judge Victor Rawl, issued in July 2004 after H. 3065 passed. A lawsuit brought by the City of North Charleston challenging a Charleston County cap, very similar to H. 3065, is currently pending before the South Carolina Supreme Court, which referred the case to Judge Rawl to provide the Supreme Court with findings of fact and conclusions of law regarding the constitutionality of the cap. Judge Rawl concluded that, among other things, the tax cap directly conflicts with the state constitution because the cap is enacted by "a mere statute" which ignores the constitutionally-mandated requirement that tax assessments be based on actual value and fair market value. He also found that the tax cap does not qualify as a general exemption or homestead exemption.
Second, even if the General Assembly intended H. 3065 to be an exemption from property tax, the constitution requires such exemptions receive a two-thirds vote. Article X, Section 3 of the state constitution states that ". . . the General Assembly may provide for exemptions from the property tax . . . but only with the approval of two-thirds of the members of each House." The property tax cap section was tacked onto H. 3065 and approved very quickly in the last two days of the legislative session by voice vote rather than a recorded vote in both the House and Senate. Therefore, there is no record that this constitutional requirement was followed.
Shift of State Education Funding
If I were to allow H. 3065 to become law, the net effect of the tax cap on the distribution of state education funding would be significant according to analysis prepared by the Department of Revenue and the State Department of Education. First, the distribution of state education funding would shift from school districts with lower valued property, including the poorest districts in the state, to school districts with higher valued property. This result is contrary to the intent of the Education Finance Act. Second, school districts with higher valued property would be able to contribute less of their local share to education funding and districts with lower valued property would have to contribute more by raising local taxes, or otherwise cut funds to schools.
Currently, under the Education Finance Act the state provides over one billion dollars to public schools using a complicated formula. This formula takes into account the ability of school districts to provide funding on the local level, known as the index of tax paying ability, so that poorer districts receive more state dollars and wealthier districts receive less. The exemption of property under the cap would distort this formula by making districts with highly appreciating property appear to be less wealthy, and would result in almost every district in the state, including poorer districts, receiving fewer education dollars from the state.
Based on recent analysis compiled by the Department of Revenue and the State Department of Education for the 2006 index of taxpaying ability, if the twenty percent tax cap were applied to the nine counties currently undergoing reassessment, which are Allendale, Bamberg, Beaufort, Berkeley, Colleton, Darlington, Florence, Horry, and Richland, almost every school district in the state would receive less state funding. However, Beaufort County would gain over $8 million more in state funding with the cap, Berkeley County would gain $4.3 million more, and Pickens County would gain over $2 million more. Notably, another coastal county would suffer the greatest cut in state funding - the Horry County school district would lose over $8.2 million with a twenty percent tax cap in place. The Greenville County district would lose over $700,000, Florence County districts would lose close to $700,000, and Richland County districts would lose over $500,000 in state education funding.
This analysis shows that tax caps alter the current education funding formula by shifting state funds away from most school districts in the state, and we believe this to be an unintended consequence that needs further debate.
Finally, I understand that my decision today may not be the most popular; however, because the unintended consequences of H. 3065 are so significant, I believe this course of action is the most responsible to all taxpayers, to public schools and to our state constitution.
I have been and will continue to remain committed to cutting the tax burden for our state's taxpayers to encourage job growth and a more competitive economic climate for South Carolina. As I stated in my 2004 State of the State address, I would welcome a more comprehensive debate of tax reform to include both property tax relief and income tax relief. I am also open to other remedies to this problem - for instance, simply assessing property at the time of sale would protect the property owner with long-held family property while at the same time staying true to the fair market value clause of the state constitution. I am open to exploring this and other ideas with the members of the General Assembly for the benefit of our taxpayers and our education system. Unfortunately, as I have explained, I do not believe a tax cap is the best method of achieving this goal.
For the reasons stated above, I am vetoing H. 3065.
Sincerely,
Mark Sanford
Governor
On motion of Rep. LEACH, with unanimous consent, the following were taken up for immediate consideration and accepted:
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Construction Industry Association, Carolinas AGC, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 1, 2005, from 6:00 p.m. until 8:00 p.m. at the Koger Center for the Arts.
Sincerely,
Stephen P. Gennett, President and CEO
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Commission for the Blind, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 2, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Dr. Marvin Efron
Chairman
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Athletic Trainers' Association, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 2, 2005, at 12:00 noon or upon adjournment in Room 221 of the Blatt Building.
Sincerely,
Kent Atkins, ATC, President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Petroleum Marketers Association, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 2, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Amy S. Bigham
Office Manager
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Chapter of the American Planning Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 3, 2005, beginning at 8:00 a.m. at the Columbia Metropolitan Convention Center.
Sincerely,
Sharon Richardson
President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Arts Alliance, the Members of the House of Representatives are invited to a luncheon. This event will be held on Tuesday, February 8, 2005, from 1:00 p.m. until 2:30 p.m. at the Capital City Club.
Sincerely,
Betty J. Plumb
Executive Director
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Supreme Court Justices, the Court of Appeals, the Circuit Court Judges, the Family Court Judges and the Masters-In-Equity of South Carolina, the Members of the House of Representatives are invited to an "Old Fashioned Barbecue". This event will be held on Tuesday, February 8, 2005, from 6:00 p.m. until 8:00 p.m. at the National Guard Armory.
Sincerely,
Judge Paul M. Burch
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of AARP - South Carolina, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 9, 2005, from 8:00 a.m. until 10:00 a.m. at the Capital City Club.
Sincerely,
Teresa Arnold
Legislative Director
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina School for the Deaf and Blind, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 9, 2005, from 12:00 noon until 2:00 p.m. in Room 221 of the Blatt Building.
Sincerely,
Sheila S. Breitweiser, ED.D.
President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Mortgage Brokers Association the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 9, 2005, from 6:00 p.m. until 8:00 p.m. at the Clarion Town House Hotel.
Sincerely,
Larry Compton
President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of "Partner in Crisis" the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 10, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Bonnie Pate
Executive Director
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Conservation Districts, the Members of the House of Representatives are invited to a luncheon. This event will be held on Tuesday, February 15, 2005, from 12:30 p.m. until 2:00 p.m. at Seawell's.
Sincerely,
Mary Hill
Executive Director
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Municipal Association of South Carolina, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 15, 2005, from 6:00 p.m. until 7:00 p.m. in the Carolina Ballroom of the Hotel Columbia, (formerly Adam's Mark Hotel.)
Sincerely,
Thomas D. Peeples
President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Nursery and Landscape Association, the Members of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 16, 2005, from 8:00 a.m. until 9:30 a.m. in Room 221 of the Blatt Building.
Sincerely,
Payton Parsons
Legislative Chairman
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Trauma Association of South Carolina, the Members and staff of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 16, 2005, upon adjournment on the State House grounds.
Sincerely,
Cathy Stoke, RN
President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Credit Union League, the Members of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 16, 2005, from 6:30 p.m. until 8:00 p.m. at Seawell's.
Sincerely,
John R. Franklin
President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Christian Schools, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 17, 2005, from 7:45 a.m. until 8:45 a.m. at the Holiday Inn City Center.
Sincerely,
Reece Yandle, Executive Director
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Florence County Economic Development Partnership, the Members of the House of Representatives are invited to a reception. This event will be held on Tuesday, February 22, 2005, beginning at 6:00 p.m. at the Columbia Museum of Art.
Sincerely,
Charles W. Gould
Chairman
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Governor's School for the Arts and Humanities and the South Carolina Governor's School for Science and Mathematics, the Members and staff of the House of Representatives are invited to a breakfast. This event will be held on Wednesday, February 23, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Sally A. Skardon
Vice President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Nonprofit Organizations, the Members of the House of Representatives are invited to a luncheon. This event will be held on Wednesday, February 23, 2005, from 12:30 p.m. until 2:00 p.m. at the Capital City Club.
Sincerely,
Alexa Booth
Public Affairs Coordinator
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the South Carolina Association of Counties, the Members and staff of the House of Representatives are invited to a reception. This event will be held on Wednesday, February 23, 2005, from 6:00 p.m. until 7:30 p.m. at the Embassy Suites Hotel.
Sincerely,
James A. Coleman
President
December 29, 2004
The Honorable Robert W. Leach, Sr.
Chairman, House Invitations Committee
503-A Blatt Building
Columbia, South Carolina 29201
Dear Chairman Leach:
On behalf of the Wil Lou Gray Opportunity School, the Members of the House of Representatives are invited to a breakfast. This event will be held on Thursday, February 24, 2005, from 8:00 a.m. until 10:00 a.m. in Room 221 of the Blatt Building.
Sincerely,
Pat G. Smith
Director
The following were received and referred to the appropriate committees for consideration:
Document No. 2924
Agency: Department of Social Services
Statutory Authority: 1976 Code Sections 43-1-80 and 20-7-2980 et seq.
Child Care Centers Operated by Churches or Religious Entities
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2005
Document No. 2926
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140(3); 1-23-10; -110
Pasteurized Milk and Milk Products
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2005
Document No. 2930
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Sections 44-1-140(1); 1-23-10;-110
Hotel-Motel Sanitation
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Labor, Commerce and Industry Committee
Legislative Review Expiration May 11, 2005
Document No. 2929
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10 et seq.
Statement of Policy, Specific Project Standards of Tidelands and Coastal Waters - Marinas
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2005
Document No. 2928
Agency: Department of Health and Environmental Control
Statutory Authority: 1976 Code Section 48-39-10 et seq.
Specific Project Standards of Tidelands and Coastal Waters - Docks
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2005
Document No. 2933
Agency: Department of Natural Resources
Statutory Authority: 1976 Code Sections 50-1-200, -210, 50-3-100, 50-11-10, -65, -105, -310, -335, -350, -390, -430, -500, -520, - 530, -854, -2200
Wildlife Management Area Regulations
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Agriculture, Natural Resources and Environmental Affairs Committee
Legislative Review Expiration May 11, 2005
Document No. 2925
Agency: Department of Social Services
Statutory Authority: 1976 Code Sections 43-1-80 and 20-7-2980 et seq.
Licensing of Group Child Care Homes
Received by Speaker of the House of Representatives
January 11, 2005
Referred to Medical, Military, Public and Municipal Affairs Committee
Legislative Review Expiration May 11, 2005
The following was introduced:
H. 3002 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS DEEPEST GRATITUDE TO AND RESPECT FOR SANDRA K. "SANDY" MCKINNEY AS SHE RETIRES FROM HER LONG AND HONORABLE SERVICE TO THE STATE OF SOUTH CAROLINA AS CLERK OF THE HOUSE OF REPRESENTATIVES, AND EXTEND SINCEREST WISHES TO HER FOR A HAPPY AND PROSPEROUS FUTURE.
Whereas, Sandra K. "Sandy" McKinney, Clerk of the House of Representatives, retires from a long and distinguished career of service to the State of South Carolina; and
Whereas, she is the devoted wife of Charles T. "Chuck" McKinney and the beloved daughter of Maude Wilson, she is also the loving and dependable sister and friend to Jane Wilson, Barbara Posey, and James Wilson; and
Whereas, Sandy McKinney was not only dedicated to the House of Representatives but also to the raising of her three sons: Ben, Todd, and Rhett; and
Whereas, she is also the proud grandmother of Anne Gregory, Katherine, Austin, and Caroline; and
Whereas, in her uninterrupted tenure since her first election to the position of Clerk of the House by its membership in 1988, the name of Sandy McKinney has become synonymous with the punctilious process and products of the South Carolina House of Representatives; and
Whereas, she has fulfilled her myriad responsibilities to the House and to the citizens of South Carolina it serves with skill, honor, and grace; and
Whereas, whether serving as custodian of the books and papers of the House of Representatives, preparing and publishing the daily House Journals and House Calendars, attesting to the important administrative and legislative acts of the House, preparing and sending messages of the House, or executing all printing required by the House, Sandy McKinney has performed promptly, dependably, and accurately; and
Whereas, she always went above and beyond what was necessary taking on a vital role as House liaison during the State House renovations, spearheading the automation of the House desk, and coordinating and participating in many legislative conferences, in particular, the 1998 Southern Legislative Conference, the 2001 National Speakers Conference, and the 2001 National Legislative Women's Conference; and
Whereas, Sandy McKinney and her dedicated and able staff have been ever mindful of the valuable good will of the citizens of South Carolina, and they have addressed the inquiries and needs of the public gladly and generously as ambassadors of her beloved House of Representatives; and
Whereas, Sandy McKinney's retirement is well earned, and she deserves the happy anticipation of a future spent with her husband Chuck, her sons and their wives: Stella, Sandra, and Susan, her four grandchildren, family members, and devoted friends; and
Whereas, she can always look back in justifiable pride at the highest standards of integrity and proficiency that are the hallmarks of her service to the State of South Carolina and which will shape the role of the Clerk of the House for the next generation. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives do hereby express their deepest gratitude to and respect for Sandra K. "Sandy" McKinney as she retires from her long and honorable service to the State of South Carolina as Clerk of the House, and extend their sincerest wishes to her for a happy and prosperous future.
Be it further resolved that a copy of this resolution be presented to Sandy McKinney.
The Resolution was adopted.
H. 3003 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO ROOSEVELT CUMMINGS, SUPERVISOR FOR THE SOUTH CAROLINA LEGISLATIVE MAIL AND SUPPLY CENTER, FOR HIS EXEMPLARY PUBLIC SERVICE TO THE SOUTH CAROLINA GENERAL ASSEMBLY AND EXTEND VERY BEST WISHES FOR A LONG AND FULFILLING RETIREMENT.
Whereas, with mixed emotions, the members of the House of Representatives have learned that Roosevelt Cummings of Richland County is retiring on November 16, 2004; and
Whereas, the House of Representatives has been blessed over the years with a staff composed of very able and talented people, and Roosevelt Cummings is clearly one of the most capable individuals who has served the General Assembly; and
Whereas, Roosevelt has diligently served the House of Representatives for thirty-six years, beginning his employment in 1968; and
Whereas, throughout his employment he industriously sought to improve the communication operations of the General Assembly; and
Whereas, he attended workshops and seminars at the United States Postal Forum in Washington, D.C., and at Pitney Bowes, a professional mailing and document training provider; and
Whereas, through his training he integrated innovative automation technology into the South Carolina Legislative Mail System including digital postage meters, computer accounting software, and other electronic equipment. This directly led to more efficient processing and management of the critical communications of the General Assembly; and
Whereas, Roosevelt Cummings was also heavily involved with the United States Postal Service. He zealously petitioned the local Post Office, appealing decisions when necessary. He obtained a ruling in favor of the South Carolina Legislative Mail Center from the United States Postmaster Charles J. James in 1978; and
Whereas, he helped establish the Columbia Postal Customer Council in Columbia, which works directly with the United States Post Office to address problems that arise within the postal system; and
Whereas, in addition to his dedication to the General Assembly, he is a much admired member of the community who has worked to strengthen Richland County and the State as a whole through his extensive civic contributions with the Knights of Columbus; and
Whereas, he has been a member of the Knights of Columbus for twenty-one years obtaining the highest attainable degree. He has held numerous elected offices including: district deputy, state warden, state advocate, state treasurer, state secretary, and state deputy. Roosevelt was the first of his race to hold the highest executive office, State Deputy, in the Knights of Columbus in South Carolina; and
Whereas, he was recognized for his service and given a community award from the South Carolina Society of the Daughters of the American Revolution for helping to make the Discover Columbus program a great success; and
Whereas, he has received numerous awards from the Knights of Columbus which include: the Sir Knight of the Year Plaque in 1986 and 1993, the Cross of the New World in 1991 for membership, the Medal of John Paul II for membership, a plaque for New Council Development in 1994, a plaque for dedicated leadership as State Deputy from 2002-2004; and a gold ring for his past service; and
Whereas, he is married to Virginia Keller who has distinguished herself as a tireless educator of the state's youth in both Allendale and Charleston Counties; and
Whereas, it is fitting and proper for the members of the House of Representatives to recognize Roosevelt Cummings for going above and beyond the call of duty throughout his career with the South Carolina House of Representatives and for performing a great service to his community and State as a member of the Knights of Columbus. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives hereby express their gratitude and appreciation to Roosevelt Cummings, Supervisor of the South Carolina Legislative Mail and Supply Center, for his exemplary public service to the South Carolina General Assembly and extend best wishes for a long and fulfilling retirement.
Be it further resolved that a copy of this resolution be forwarded to Roosevelt Cummings.
The Resolution was adopted.
The following was introduced:
H. 3004 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS SINCERE GRATITUDE AND FRIENDSHIP TO MRS. DOTTIE N. NIDIFFER FOR HER SERVICE TO THE HOUSE OF REPRESENTATIVES AS AN ADMINISTRATIVE ASSISTANT TO THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE, AND WISH HER MUCH DESERVED SUCCESS IN HER FUTURE ENDEAVORS.
Whereas, the members of the House of Representatives with deep regret have learned that Mrs. Dottie N. Nidiffer will be retiring this year as Administrative Assistant to the House Labor, Commerce and Industry Committee; and
Whereas, Dottie began her career in the House of Representatives in February 1979 after having served on the staff of Lieutenant Governor Brantley Harvey. She also has served on the staffs of presidential candidates, gubernatorial candidates, and as advisor and volunteer for various other political campaigns; and
Whereas, she served the House LCI Committee since joining the House under the leadership of Chairman Clyde Dangerfield until November 1988, Chairman Robert Brown until August 1990, Chairman George Bailey until December 1990, Chairman Thomas Alexander until December 1994, and finally present Chairman Harry Cato, devoting many hours to major business legislative initiatives, including telecommunications, electric and other public utilities, insurance, banking, real estate, and many business-related reform issues; and
Whereas, the Labor, Commerce and Industry Committee and its staff will sorely miss her dedication, skills, warmth, respect, and friendliness, and her great institutional knowledge of the executive, legislative, and judicial branches of government; and
Whereas, during her tenure in the House she has been a mentor and role model for countless young staffers who have gone on to become successful in many varied endeavors, thanks in no small part to her assistance and tutelage; and
Whereas, during these many years Dottie has found time to serve her church, Shandon United Methodist, and community in many volunteer capacities. She served on the boards of South Carolina Federal Credit Union, Blue Cross Blue Shield Credit Union, Heathwood Hall Episcopal School Guild, and was presented with her neighborhood's "Exceptional Community Service" award. She also was a member and seventeen-year volunteer for the Richland Memorial Hospital Auxiliary; and
Whereas, she and her husband, Buddy, are blessed with three outstanding and successful children, David, Mark, and Elise, who have all served as pages or interns in the House or Senate; and
Whereas, the members of the House of Representatives, by this resolution, would like to extend their profound appreciation to this truly lovely lady for her outstanding service to the South Carolina House of Representatives and South Carolina state government on the occasion of her retirement. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives, by this resolution, express their sincere gratitude and friendship to Mrs. Dottie N. Nidiffer for her service to the House of Representatives as an Administrative Assistant to the House Labor, Commerce and Industry Committee, and wish her much deserved success in her future endeavors.
Be it further resolved that a copy of this resolution be presented to Mrs. Dottie N. Nidiffer.
The Resolution was adopted.
The following was introduced:
H. 3005 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO ROBERT R. SMITH II, CHIEF COUNSEL TO THE LABOR, COMMERCE AND INDUSTRY COMMITTEE, FOR HIS EXEMPLARY SERVICE AND TO EXTEND VERY BEST WISHES FOR A LONG AND FULFILLING CAREER IN PRIVATE PRACTICE.
Whereas, with mixed emotions, the members of the House of Representatives have learned that Robert R. Smith II of Richland County is departing to pursue a career in private practice with the law firm of Moore & Van Allen in Charlotte, North Carolina; and
Whereas, the House of Representatives has been blessed over the years with a staff composed of very able and talented people, and Robert R. Smith II is clearly one of the most capable individuals who has served the General Assembly; and
Whereas, Mr. Smith received his Bachelor of Arts degree from the University of South Carolina in 1996. He went on to obtain his Juris Doctor from the University of South Carolina School of Law in 2001, where he served as Chairman of the Honor Counsel and Historian for Phi Delta Phi Legal Fraternity. Mr. Smith enjoys a special bond with the University of South Carolina, and is a Life Member of the Carolina Alumni Association; and
Whereas, Mr. Smith's involvement with the affairs of South Carolina government began in 1995. He served as a staff assistant to one of South Carolina's greatest legislators, Senator Strom Thurmond, with emphasis in the field of military, treasury, and interior concerns until 2001. Specifically, he served as the Senator's personal aide during his time in South Carolina; and
Whereas, Mr. Smith has served his country with honor, during these turbulent times, as a Captain in the South Carolina Army National Guard since 1997. He currently acts as Headquarters and Headquarters Company Commander for a mechanized infantry battalion. His military record includes stints as a support platoon leader, executive officer, Aide-de-camp to Brigadier General Earle Brown, and ambulance platoon leader. Mr. Smith has industriously sought to improve his skills since enlistment successfully completing the Infantry Captain's Career Course, the Medical Officer Advance Course, and the Medical Officer Basic Course; and
Whereas, upon his graduation from law school, Mr. Smith served as law clerk to the Honorable Larry R. Patterson, South Carolina Circuit Court Judge, in Greenville, SC, from August 2001 until October 2002. He was a great asset to Judge Patterson, and the South Carolina legal system, assisting with all matters from legal research to office management; and
Whereas, in October 2002, Mr. Smith began serving the South Carolina House of Representatives as Assistant Staff Counsel to the Labor, Commerce and Industry Committee; and
Whereas, he continued in this capacity until April 2003, when he began serving as Counsel to the Honorable David H. Wilkins, Speaker of the House; and
Whereas, in January 2004, Mr. Smith accepted a position as Chief Counsel to the Labor, Commerce and Industry Committee. In this role he provided critical legal counsel to the members of the committee, and their constituents, related to proposed bills and special projects; and
Whereas, he additionally served as House Counsel to the newly created State Regulation of Public Utilities Review Committee. Through this position he skillfully conducted investigations, interviewed and publicly screened Public Service Commission candidates and candidates for the Executive Director of the Office of Regulatory Staff, and assisted the committee with the reorganization of the Public Service Commission and formation of the Office of Regulatory Staff; and
Whereas, Robert R. Smith II has served admirably and with great dedication throughout his time with the South Carolina House of Representatives. He has preformed a great service to his State. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the South Carolina House of Representatives hereby express their gratitude and appreciation to Robert R. Smith II, Chief Counsel to the Labor, Commerce and Industry Committee, for his service to the South Carolina House of Representatives and extend best wishes for a long and fulfilling career in private practice.
Be it further resolved that a copy of this resolution be forwarded to Robert R. Smith II of Richland County.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3006 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, J. Brown, Cato, Chellis, Harrison, Townsend, Witherspoon, Bailey, Harvin, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Cobb-Hunter, Simrill and Chalk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 63 TO TITLE 12 SO AS TO ENACT THE 2005 JOBS CREATION ACT, PROVIDING FOR A CREDIT OF UP TO TWENTY-FIVE PERCENT AGAINST THE STATE INCOME TAX THE AMOUNT INVESTED BY AN INVESTOR IN THE EQUITY, NEAR-EQUITY, OR SEED CAPITAL OF A QUALIFIED BUSINESS, TO DEFINE "QUALIFIED BUSINESS" AND PROVIDE THAT THE COORDINATING COUNCIL OF THE DEPARTMENT OF COMMERCE HAS SOLE DISCRETION TO MAKE DETERMINATIONS OF "QUALIFIED BUSINESS", TO PROVIDE PROCEDURES FOR CLAIMING THE CREDIT INCLUDING ANNUAL REGISTRATION AND FEE PAYMENTS, TO REQUIRE THAT APPLICATIONS INCLUDE INFORMATION AS TO THE APPLICANT'S STATUS AS A SOCIALLY AND ECONOMICALLY DISADVANTAGED BUSINESS, TO PROVIDE FOR REVOCATION OF THE CREDIT AND RECAPTURE OF THE TAX OTHERWISE DUE, AND TO PROVIDE FOR THE RESERVATION OF TWO MILLION DOLLARS OF THE CREDIT CAP FOR CERTAIN CITED RESEARCH AND DEVELOPMENT PROJECTS; BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN WHICH RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN; BY ADDING SECTION 12-2-110 SO AS TO PROVIDE FOR A FIVE-YEAR SUNSET PROVISION FOR TAX INCENTIVES ENACTED AFTER THIS ACT AND FOR EXCEPTIONS AND REVIEW; BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; BY ADDING SECTION 12-6-3362 SO AS TO PROVIDE FOR A TAX CREDIT IN CONNECTION WITH HEALTH INSURANCE PREMIUMS ASSOCIATED WITH THE HIRING OF NEW EMPLOYEES; BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; TO AMEND CHAPTER 62 OF TITLE 12, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOBS TAX CREDIT, SO AS TO ALLOW THE CREDIT TO AN EMPLOYER WHO INCREASES EMPLOYMENT BY FIVE, INSTEAD OF TEN, NEW FULL-TIME JOBS; AND TO MAKE THIS ACT APPLICABLE TO TAXABLE YEARS BEGINNING JANUARY 1, 2006.
Referred to Committee on Ways and Means
H. 3007 (Word version) -- Reps. Wilkins, W. D. Smith, Harrell, Cato, Chellis, Harrison, Townsend, Witherspoon, G. R. Smith, Vaughn, Sandifer, Coates, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Simrill, Mahaffey and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-515 SO AS TO REDUCE THE SEVEN PERCENT TOP MARGINAL RATE OF SOUTH CAROLINA INDIVIDUAL INCOME TAX IN EQUAL ANNUAL INCREMENTS OF .225 PERCENT UNTIL A PERMANENT TOP MARGINAL RATE EQUAL TO 4.75 PERCENT IS ACHIEVED AND TO PROVIDE THAT A SCHEDULED REDUCTION IS POSTPONED IF GENERAL FUND REVENUE GROWTH FOR THE APPLICABLE FISCAL YEAR IS LESS THAN TWO PERCENT.
Referred to Committee on Ways and Means
H. 3008 (Word version) -- Reps. Cato, Bales, Clark, Barfield, Huggins, Frye, Young, Sandifer, E. H. Pitts, Taylor, Anthony, Bailey, Battle, Bingham, Ceips, Chalk, Chellis, Clemmons, Cooper, Dantzler, Davenport, Duncan, Edge, Hamilton, Hardwick, Harrell, Hinson, Kirsh, Leach, Limehouse, Littlejohn, Loftis, McCraw, Norman, Owens, Perry, Pinson, Rice, Simrill, Skelton, D. C. Smith, G. R. Smith, J. R. Smith, Stewart, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, White, Whitmire, Wilkins, Witherspoon, Coates, Brady, Ballentine, Ott, Mahaffey and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 TO TITLE 15, SO AS TO ENACT THE "SOUTH CAROLINA ECONOMIC DEVELOPMENT, CITIZENS, AND SMALL BUSINESS PROTECTION ACT OF 2005", PROVIDING FOR DEFINITIONS OF THE TERMS "DAMAGES", "FAULT", AND "PERSON", SEVERAL LIABILITY IN AN ACTION FOR PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH, A PROCEDURE FOR ASSESSING PERCENTAGES OF FAULT, JOINT LIABILITY ON ALL WHO CONSCIOUSLY AND DELIBERATELY PURSUE A COMMON PLAN TO COMMIT A TORTIOUS ACT, PLACEMENT OF THE BURDEN OF PROVING FAULT ON THE PERSON SEEKING TO ESTABLISH FAULT, AND AN EXCEPTION TO THE PROVISIONS OF THE CHAPTER; TO AMEND SECTION 15-3-640, RELATING TO AN ACTION BASED UPON A DEFECTIVE OR UNSAFE IMPROVEMENT TO REAL PROPERTY, SO AS TO DECREASE THE TIME AN ACTION MAY BE BROUGHT FROM THIRTEEN TO SIX YEARS AFTER THE SUBSTANTIAL COMPLETION OF THE IMPROVEMENT; TO AMEND SECTION 15-7-30, RELATING TO ACTIONS THAT MUST BE TRIED WHERE THE DEFENDANT RESIDES, SO AS TO DEFINE KEY TERMS AND TO PROVIDE FACTORS FOR THE COURT TO CONSIDER WHEN DETERMINING THE PRINCIPAL PLACE OF BUSINESS; TO AMEND SECTION 15-36-10, AS AMENDED, RELATING TO LIABILITY FOR ATTORNEYS FEES AND COSTS OF FRIVOLOUS LAWSUITS, SO AS TO REPLACE THE EXISTING PROVISIONS WITH PROVISIONS REQUIRING THE SIGNATURE OF AN ATTORNEY OR PARTY ON ALL PLEADINGS AND OTHER DOCUMENTS FILED IN A CIVIL OR ADMINISTRATIVE ACTION, TO PROVIDE A PROCEDURE FOR ADMINISTERING SANCTIONS FOR A VIOLATION, AND TO PROVIDE FOR THE REPORTING OF AN ATTORNEY TO THE COMMISSION ON LAWYER CONDUCT; TO AMEND SECTION 36-2-803, RELATING TO PERSONAL JURISDICTION BASED UPON CONDUCT, SO AS TO ALLOW THE COURT TO CHANGE THE PLACE OF TRIAL WHEN THE CONVENIENCE OF WITNESSES AND THE ENDS OF JUSTICE WOULD BE PROMOTED BY THE CHANGE; TO REPEAL SECTIONS 15-36-20, 15-36-30, 15-36-40, AND 15-36-50 ALL RELATING TO FRIVOLOUS LAWSUITS, AND SECTION 58-23-90 RELATING TO VENUE IN ACTIONS AGAINST LICENSED MOTOR CARRIERS.
Referred to Committee on Judiciary
H. 3009 (Word version) -- Reps. Wilkins, Harrell, W. D. Smith, Harrison, G. R. Smith, Davenport, Barfield, Young, Kirsh, Leach, E. H. Pitts, Battle, Viers, Clyburn, Littlejohn, Taylor, Brady, Hinson, Clark, Walker, Simrill, Toole and Chalk: A BILL TO ENACT THE "SOUTH CAROLINA RESTRUCTURING ACT OF 2005" INCLUDING PROVISIONS TO AMEND SECTION 1-30-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCIES OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT BY ADDING THE DEPARTMENT OF ADMINISTRATION; BY ADDING SECTION 1-30-125 SO AS TO ESTABLISH THE DEPARTMENT OF ADMINISTRATION AS AN AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT TO BE HEADED BY A DIRECTOR APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE, AND TO TRANSFER TO THIS NEWLY CREATED DEPARTMENT CERTAIN OFFICES AND DIVISIONS OF THE STATE BUDGET AND CONTROL BOARD, OFFICE OF THE GOVERNOR, AND OTHER AGENCIES, AND TO PROVIDE FOR TRANSITIONAL AND OTHER PROVISIONS NECESSARY TO ACCOMPLISH THE ABOVE; BY ADDING ARTICLE 6 TO CHAPTER 3 OF TITLE 1 SO AS TO ESTABLISH THE DIVISION OF THE OFFICE OF STATE CHIEF INFORMATION OFFICER WITHIN THE BUDGET AND CONTROL BOARD TO BE HEADED BY THE STATE CHIEF INFORMATION OFFICER, AND TO PROVIDE FOR THE POWERS, DUTIES, AND FUNCTIONS OF THE DIVISION; TO CREATE A JOINT INFORMATION TECHNOLOGY REVIEW COMMITTEE, AN INFORMATION TECHNOLOGY BUSINESS CASE REVIEW PANEL, AND AN INFORMATION TECHNOLOGY ARCHITECTURE OVERSIGHT PANEL AND TO PROVIDE FOR THE FUNCTIONS, POWERS, AND RESPONSIBILITIES OF THE COMMITTEE AND PANELS; AND TO AMEND SECTION 11-35-1580, AS AMENDED, RELATING TO INFORMATION TECHNOLOGY PROCUREMENTS, SO AS TO DELETE CERTAIN RESPONSIBILITIES OF THE INFORMATION TECHNOLOGY MANAGEMENT OFFICE; AND BY ADDING CHAPTER 8 TO TITLE 1 SO AS TO CREATE THE OFFICE OF STATE INSPECTOR GENERAL AS A SEPARATE DIVISION WITHIN THE BUDGET AND CONTROL BOARD, TO PROVIDE THAT THE STATE INSPECTOR GENERAL MUST BE APPOINTED BY THE GOVERNOR UPON THE ADVICE AND CONSENT OF THE SENATE FOR A TERM COTERMINOUS WITH THAT OF THE GOVERNOR, TO PROVIDE FOR THE PURPOSE, DUTIES, RESPONSIBILITIES, AND AUTHORITY OF THE STATE INSPECTOR GENERAL, TO PROVIDE A DEFINITION OF "EXECUTIVE AGENCIES" FOR PURPOSES OF THIS CHAPTER, AND TO PROVIDE FOR THE RECEIPT AND INVESTIGATION OF COMPLAINTS RELATING TO IMPROPER OR UNLAWFUL ACTIVITY WITHIN EXECUTIVE AGENCIES OF THE STATE GOVERNMENT; AND TO AMEND SECTIONS 1-10-10, AS AMENDED, 1-11-20, 1-11-55, 1-11-56, 1-11-57, 1-11-58, 1-11-65, 1-11-67, 1-11-70, 1-11-80, 1-11-90, 1-11-100, 1-11-110, 1-11-180, 1-11-185, 1-11-220, 1-11-225, 1-11-250, 1-11-260, 1-11-270, 1-11-280, 1-11-290, 1-11-300, 1-11-310, 1-11-315, 1-11-320, 1-11-335, 1-11-340, 1-11-435, 2-13-240, AS AMENDED, CHAPTER 9 OF TITLE 3; 10-1-10, 10-1-20, 10-1-30, 10-1-40, 10-1-130; 10-1-190, AS AMENDED, CHAPTER 9 OF TITLE 10; 10-11-50, AS AMENDED, 10-11-90, 10-11-110, 10-11-140, 10-11-330; 11-9-610, 11-9-620, 11-9-630, 11-35-3810, 11-35-3820, 11-35-3830, 11-35-3840, 11-35-4020, ALL AS AMENDED, 44-53-530, 58-9-2540, 59-150-60, AND 59-150-390, ALL RELATING TO VARIOUS AGENCY OR DEPARTMENT PROVISIONS, SO AS TO CONFORM THEM TO THE ABOVE PROVISIONS PERTAINING TO THE NEW DEPARTMENT OF ADMINISTRATION OR TO SUPPLEMENT SUCH PROVISIONS.
Referred to Committee on Ways and Means
H. 3010 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Vaughn, Harrison, Davenport, Sandifer, Coates, Young, Leach, Viers, Littlejohn, Rice, Hinson, Clark, Walker and Mahaffey: A BILL TO AMEND CHAPTER 40, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS, SO AS TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC CHARTER SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC CHARTER SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Referred to Committee on Education and Public Works
H. 3011 (Word version) -- Reps. Wilkins, Harrison, W. D. Smith, Cato, Harrell, Chellis, G. R. Smith, Sandifer, Coates, Young, Owens, Kirsh, Leach, Battle, Clyburn, Rice, Hinson, Clark, Cobb-Hunter, Toole and Chalk: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE COMMISSIONER OF AGRICULTURE AND THE SECRETARY OF STATE FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THESE OFFICERS SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THESE PROVISION, THEY MUST BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE VI, RELATING TO THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO DELETE THE SUPERINTENDENT OF EDUCATION FROM THE LIST OF STATE OFFICERS WHICH THE CONSTITUTION REQUIRES TO BE ELECTED AND PROVIDE THAT UPON THE EXPIRATION OF THE TERM OF THE SUPERINTENDENT SERVING IN OFFICE ON THE DATE OF THE RATIFICATION OF THIS PROVISION, THE SUPERINTENDENT MUST BE APPOINTED BY THE GOVERNOR, UPON THE ADVICE AND CONSENT OF THE SENATE AND HOUSE OF REPRESENTATIVES, TO SERVE AT HIS PLEASURE AND TO BE REMOVABLE BY HIM FOR ANY REASON; AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XI, RELATING TO THE STATE BOARD OF EDUCATION, SO AS TO ABOLISH THE BOARD EFFECTIVE UPON THE STATE SUPERINTENDENT OF EDUCATION BEING APPOINTED BY THE GOVERNOR.
Referred to Committee on Judiciary
H. 3012 (Word version) -- Reps. W. D. Smith, Vaughn, Harrison, Davenport, Barfield, Young, Leach, Viers and Rice: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 15 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE FOR INCOME AND PROPERTY TAX CREDITS FOR TUITION PAID TO PUBLIC OR NONPUBLIC SCHOOLS, TO PROVIDE FOR INCOME AND PROPERTY TAX CREDITS FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS.
Referred to Committee on Ways and Means
H. 3013 (Word version) -- Reps. W. D. Smith, Wilkins, Harrison, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Kirsh, Leach, Battle, Viers, Littlejohn, Taylor, Rice, Hinson, Clark, Walker, Bales, Mahaffey and Toole: A BILL TO ENACT THE "MEDICAL MALPRACTICE AND PATIENT SAFETY REFORM ACT" BY ADDING TITLE 15, CHAPTER 80, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ESTABLISH THE MEDICAL CLAIMS REVIEW OFFICE WITHIN THE DEPARTMENT OF INSURANCE TO REVIEW CLAIMS FOR DAMAGES ALLEGEDLY RESULTING FROM MEDICAL MALPRACTICE AND TO ESTABLISH THE POWERS, DUTIES, AND PROCEDURES OF THIS OFFICE; TO REQUIRE A REVIEW OF A CLAIM FOR SUCH DAMAGES BY A PANEL OF THE MEDICAL CLAIMS REVIEW OFFICE AS A PREREQUISITE TO FILING A LAWSUIT; TO REQUIRE A HEALTHCARE PROVIDER'S MEDICAL MALPRACTICE INSURANCE CARRIER TO FAIRLY EVALUATE AND DILIGENTLY ADJUST EACH CLAIM FOR DAMAGES ALLEGEDLY RESULTING FROM MEDICAL MALPRACTICE; TO REQUIRE THE DEPARTMENT OF HEALTH AND DEMOGRAPHICS TO DEVELOP PROCEDURES FOR PROVIDING HEALTHCARE PROVIDER OUTCOME DATA AND HOSPITAL OUTCOME DATA TO GOVERNMENTAL ENTITIES AND TO THE PUBLIC, WITH CERTAIN RESTRICTIONS REGARDING THE IDENTITY OF HEALTHCARE PROVIDERS, AND TO PROVIDE THAT SUCH INFORMATION IS PRIVILEGED; TO REQUIRE PARTIES IN A MEDICAL MALPRACTICE ACTION TO PARTICIPATE IN MEDIATION IN ACCORDANCE WITH STATE COURT RULES IN EFFECT AT THE TIME; TO PROVIDE THAT A HEALTHCARE PROVIDER TESTIFYING AS AN EXPERT IN A MEDICAL MALPRACTICE ACTION IN THIS STATE, BY WAY OF TESTIFYING, IS DEEMED TO HAVE SUBMITTED TO THE JURISDICTION OF THIS STATE AND UNJUSTIFIABLE CONDUCT MAY BE INVESTIGATED AND SANCTIONED IN ACCORDANCE WITH STATE LAW; TO PROVIDE THAT DAMAGES FOR PAIN AND SUFFERING AWARDED IN A MEDICAL MALPRACTICE ACTION MAY NOT EXCEED THREE HUNDRED THOUSAND DOLLARS AND TO EXCLUDE FROM THIS AMOUNT PERMANENT DISABILITY, DISFIGUREMENT OR SCARRING, PARALYSIS, AND LOSS OF LIMB OR AN ORGAN AND TO AUTHORIZE THE STATE BOARD OF ECONOMIC ADVISERS TO ADJUST THIS LIMITATION BASED UPON INCREASES OR DECREASES IN THE CONSUMER PRICE INDEX; TO PROVIDE FOR COMPARATIVE FAULT TO BE INDIVIDUALLY ALLOCATED AMONG THE DEFENDANTS BASED UPON EACH DEFENDANT'S PERCENTAGE OF FAULT, TO AUTHORIZE THE COURT TO REALLOCATE UNCOLLECTIBLE DAMAGES AMONG THE REMAINING DEFENDANTS WHEN DAMAGES CANNOT BE RECOVERED FROM A DEFENDANT, AND TO PROVIDE THAT A DEFENDANT WHOSE LIABILITY IS REALLOCATED IS SUBJECT TO CONTRIBUTION; TO AUTHORIZE AND PRESCRIBE CIRCUMSTANCES FOR THE JOINDER OF THIRD PARTY DEFENDANTS WHEN OTHERWISE AN ACTION WOULD BE BARRED BY THE STATUTE OF LIMITATIONS; TO ADD SECTION 40-47-290 SO AS TO REQUIRE THE BOARD OF MEDICAL EXAMINERS TO ESTABLISH FEES SUFFICIENT TO PERFORM ITS STATUTORY DUTIES AND RESPONSIBILITIES, INCLUDING CONDUCTING INQUIRIES BASED ON OPINIONS OF CLAIMS ISSUED BY A PANEL OF THE MEDICAL CLAIMS REVIEW OFFICE; TO AMEND SECTION 15-36-10, RELATING TO SANCTIONS FOR BRINGING A FRIVOLOUS ACTION, SO AS TO REQUIRE AN ATTORNEY OF RECORD TO SIGN EVERY DOCUMENT FILED ON BEHALF OF A PARTY, THEREBY CERTIFYING THAT THE DOCUMENT IS NOT FRIVOLOUS OR INTERPOSED FOR DELAY AND THAT IT IS FOR A PROPER PURPOSE; TO ADD SECTION 38-79-40 TO REQUIRE INSURERS PROVIDING HEALTHCARE PROVIDER MEDICAL MALPRACTICE INSURANCE TO OFFER A RANGE OF DEDUCTIBLES AND POLICY LIMITS; TO ADD SECTION 38-79-50, SO AS TO PROHIBIT A MEMBER OF THE BOARD OF THE JOINT UNDERWRITING ASSOCIATION OR THE BOARD OF GOVERNORS OF THE PATIENTS' COMPENSATION FUND FROM BEING EMPLOYED BY EITHER BOARD AND TO CLARIFY THAT THIS DOES NOT PROHIBIT AN INSURANCE AGENT FROM SELLING INSURANCE PRODUCTS TO THESE ENTITIES; TO AMEND SECTIONS 38-79-460 AND 38-79-470, BOTH RELATING TO THE MANAGEMENT OF THE PATIENTS' COMPENSATION FUND, SO AS TO PROVIDE THAT THE BOARD OF GOVERNORS OF THIS FUND, RATHER THAN THE STATE TREASURER, SHALL MANAGE THE FUND AND TO PROVIDE FOR THE TRANSFER OF THE MANAGEMENT OF THIS FUND; AND TO REPEAL SECTIONS 15-36-20 THROUGH 15-36-50, ALL RELATING TO FRIVOLOUS LAWSUITS.
Referred to Committee on Judiciary
H. 3014 (Word version) -- Reps. Clemmons, Vaughn, Barfield, Viers and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-1-305 SO AS TO PROVIDE CIVIL IMMUNITY FOR THE STATE, ITS POLITICAL SUBDIVISIONS, AND THEIR EMPLOYEES, AGENTS, OR REPRESENTATIVES WHEN A PERSON SUSTAINS PERSONAL INJURY OR PROPERTY DAMAGE WHEN HE FAILS TO EVACUATE AFTER THE GOVERNOR DECLARES A STATE OF EMERGENCY AND ISSUES A MANDATORY EVACUATION ORDER, TO PROVIDE AN EXCEPTION FOR GROSS NEGLIGENCE OR WILLFUL AND WANTON MISCONDUCT, AND TO PROVIDE THAT THE RIGHTS OF A PERSON TO RECEIVE BENEFITS, COMPENSATION, OR TO RECOVER UNDER AN INSURANCE POLICY ARE NOT AFFECTED.
Referred to Committee on Judiciary
H. 3015 (Word version) -- Reps. Coates, Vaughn, Davenport, Sandifer, Barfield, Young, Owens, Leach, Viers, Littlejohn, Rice, Walker, Simrill and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
Referred to Committee on Judiciary
H. 3016 (Word version) -- Reps. Kirsh, Vaughn, Leach, Littlejohn, Clark and Mahaffey: A BILL TO AMEND SECTION 12-21-4275, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF BINGO CARDS, SO AS TO PROVIDE FOR PERMANENT LICENSE REVOCATION FOR UNAUTHORIZED DISTRIBUTION OF A BINGO CARD; AND TO AMEND SECTION 12-21-3940, RELATING TO A LICENSE TO CONDUCT BINGO, SO AS TO INCREASE TO FORTY-FIVE THE NUMBER OF DAYS THE DEPARTMENT OF REVENUE HAS BEFORE ACCEPTANCE OR REJECTION OF AN APPLICATION.
Referred to Committee on Ways and Means
H. 3017 (Word version) -- Reps. Kirsh, Clyburn and Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 35-1-1250 SO AS TO PROHIBIT ADDITIONAL ACTIVITIES IN CONNECTION WITH A TRANSACTION IN A SECURITY, INCLUDING FICTITIOUS PRICE QUOTATIONS, CREATION OF A DECEPTIVE APPEARANCE OF ACTIVE TRADING OR OTHER ACTIVITY, ISSUANCE OF DECEPTIVE ANALYSES, REPORTS, OR FINANCIAL STATEMENTS, AND OTHER MANIPULATION OF THE MARKET IN THAT SECURITY; TO AMEND SECTION 35-1-20, AS AMENDED, RELATING TO THE DEFINITION OF INVESTMENT ADVISOR FOR PURPOSES OF THE UNIFORM SECURITIES ACT, SO AS TO DELETE THE EXCLUSION OF A FEDERAL COVERED ADVISER AND AN OUTDATED REFERENCE; TO AMEND SECTION 35-1-70, AS AMENDED, RELATING TO FINANCIAL STATEMENTS REQUIRED BY THE SECURITIES COMMISSIONER, SO AS TO CHANGE "GENERALLY ACCEPTED ACCOUNTING PRACTICES" TO "GENERALLY ACCEPTED ACCOUNTING PRINCIPLES"; TO AMEND SECTION 35-1-420, AS AMENDED, RELATING TO REGISTRATION OF INVESTMENT ADVISERS, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 35-1-440, AS AMENDED, RELATING TO APPLICATIONS FOR REGISTRATION, SO AS TO PROVIDE THAT AN APPLICATION MAY BE WITHDRAWN ONLY AS ORDERED BY THE SECURITIES COMMISSIONER IF THE COMMISSIONER PROCEEDS TO POSTPONE OR DENY AN APPLICATION; TO AMEND SECTION 35-1-820, AS AMENDED, RELATING TO REGISTRATION OF SECURITIES BY NOTIFICATION, SO AS TO CHANGE "GENERALLY ACCEPTED ACCOUNTING PRACTICES" TO "GENERALLY ACCEPTED ACCOUNTING PRINCIPLES" AND TO MAKE TECHNICAL CHANGES; TO AMEND SECTION 35-1-900, AS AMENDED, RELATING TO FEES IN CONNECTION WITH REGISTRATION, SO AS TO PROVIDE THAT AN AMENDMENT OF A FILED REGISTRATION STATEMENT AFTER ITS EFFECTIVE DATE REQUIRES A FILING FEE OF TWO HUNDRED FIFTY DOLLARS; TO AMEND SECTION 35-1-1490, AS AMENDED, RELATING TO LIABILITY FOR ILLEGAL OR FRAUDULENT TRANSACTIONS IN SECURITIES, SO AS TO MAKE IT UNLAWFUL TO USE FRAUD OR DECEIT IN ADVISING ON THE SALE OR PURCHASE OF A SECURITY AND IN PURCHASING A SECURITY AND TO PROVIDE FOR PUNITIVE DAMAGES IN THOSE INSTANCES AND IN THE CASE OF A FRAUDULENT SALE OR OFFER TO SELL; TO AMEND SECTION 35-1-1500, AS AMENDED, RELATING TO JOINT AND SEVERAL LIABILITY, SO AS TO PROVIDE FOR THE LIABILITY OF A PERSON WHO CONTROLS ANOTHER PERSON WHO IS LIABLE FOR ILLEGAL OR FRAUDULENT SECURITIES TRANSACTIONS; TO AMEND 35-1-1530, AS AMENDED, RELATING TO LIMITATION OF ACTIONS, SO AS TO DELETE REFERENCES TO OFFERS OF REFUNDS BEFORE FILING SUIT; TO AMEND SECTION 35-1-1590, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS OF THE UNIFORM SECURITIES ACT, SO AS TO MAKE IT A FELONY TO MAKE FALSE STATEMENTS, DESTROY OR CONCEAL DOCUMENTS, AND OTHERWISE OBSTRUCT OR INTERFERE WITH AN AUDIT, EXAMINATION, OR INVESTIGATION BY THE SECURITIES COMMISSIONER AND TO PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 11-35-37 SO AS TO PROVIDE THAT A PERSON WHO VIOLATES THE UNIFORM SECURITIES ACT OR WHO IS INCORPORATED IN A TAX HAVEN IS AN INELIGIBLE VENDOR; AND TO AMEND SECTION 34-3-540, AS AMENDED, RELATING TO ADMISSIBILITY OF BANK RECORDS IN EVIDENCE, SO AS TO PROVIDE THAT THE SECURITIES COMMISSIONER HAS ACCESS TO THE FINANCIAL RECORDS OF A CUSTOMER OF A FINANCIAL INSTITUTION IN CONNECTION WITH AN INVESTIGATION CONDUCTED PURSUANT TO THE UNIFORM SECURITIES ACT.
Referred to Committee on Labor, Commerce and Industry
H. 3018 (Word version) -- Reps. Kirsh and Mahaffey: A BILL TO AMEND SECTION 12-21-4270, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATION TO OBTAIN BINGO CARDS, SO AS TO DELETE THE OPTION TO PAY FOR THE CARDS BY CHECK AND CORRESPONDING PROCEDURES IN CONNECTION WITH A CHECK RETURNED BY THE DRAWEE BANK.
Referred to Committee on Ways and Means
H. 3019 (Word version) -- Reps. Kirsh, Davenport, Clyburn, Hinson, Bales and Toole: A BILL TO AMEND SECTIONS 33-56-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOLICITATION OF CHARITABLE FUNDS ACT, 33-56-30, AS AMENDED, RELATING TO REGISTRATION STATEMENTS OF A CHARITABLE ORGANIZATION, AND 33-56-50, AS AMENDED, RELATING TO EXEMPTIONS FROM REGISTRATION AS A CHARITABLE ORGANIZATION, ALL SO AS TO REQUIRE THAT AT LEAST EIGHTY PERCENT OF THE GROSS RECEIPTS FROM CONTRIBUTIONS A CHARITABLE ORGANIZATION SOLICITS IN THIS STATE BE USED DIRECTLY FOR THE STATED CHARITABLE PURPOSE OF THE ORGANIZATION AND TO INCLUDE COMMUNICATION AND ADVOCACY AS PART OF THE DEFINED CHARITABLE PURPOSE.
Referred to Committee on Judiciary
H. 3020 (Word version) -- Reps. Govan and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
Referred to Committee on Education and Public Works
H. 3021 (Word version) -- Reps. Cobb-Hunter, Clyburn and Littlejohn: A BILL TO AMEND CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHILDREN'S CODE, SO AS TO ADD ARTICLE 34 ENACTING THE SOUTH CAROLINA NURTURING RESPONSIBLE FAMILIES INITIATIVE ACT TO DEVELOP POLICIES AND PROCEDURES TO REDUCE DEPENDENCY ON GOVERNMENT BENEFITS, TO ENSURE THAT CHILDREN FROM LOW-INCOME FAMILIES BENEFIT FROM THE INVOLVEMENT OF TWO PARENTS, AND TO FACILITATE THE INVOLVEMENT OF FATHERS IN THEIR CHILDREN'S LIVES; TO ESTABLISH THE LOW-INCOME FATHERHOOD COMMISSION TO PROMOTE INVOLVEMENT OF FATHERS WITH THEIR CHILDREN AND TO PROVIDE FOR THE COMPOSITION OF THE COMMISSION AND ITS POWERS AND DUTIES; TO REQUIRE THE DEPARTMENT OF SOCIAL SERVICES TO DEVELOP A STATEWIDE PLAN TO PROMOTE FATHER INVOLVEMENT AND TO REQUIRE THE PLAN TO INCLUDE VARIOUS STATE AGENCIES AND LOCAL ORGANIZATIONS IN CARRYING OUT THE STATEWIDE PLAN; TO REQUIRE STATE AGENCIES TO DEVELOP POLICIES AND PROCEDURES FOR THE DISSEMINATION OF INFORMATION AND FOR REFERRAL OF FATHERS TO SERVICE DELIVERY ENTITIES THAT CAN PROVIDE EMPLOYMENT AND TRAINING ASSISTANCE; TO PROMOTE THE UTILIZATION OF COMMUNITY-BASED AND FAITH-BASED ORGANIZATIONS AND WORK DEVELOPMENT BOARDS IN PROVIDING SERVICES TO LOW-INCOME FATHERS; TO REQUIRE THE OFFICE OF CHILD SUPPORT ENFORCEMENT TO DEVELOP POLICIES AND PROCEDURES TO ASSIST LOW-INCOME FATHERS IN PAYING CHILD SUPPORT DEBT; TO PROVIDE REDUCTIONS IN CHILD SUPPORT ARREARAGES TO LOW-INCOME FATHERS WHO MEET CERTAIN ECONOMIC, EMPLOYMENT, AND PAYMENT REQUIREMENTS; TO REQUIRE THE OFFICE OF CHILD SUPPORT ENFORCEMENT AND THE DEPARTMENT OF CORRECTIONS TO CROSS MATCH INMATES AND CHILD SUPPORT OBLIGORS, TO ASSIST LOW-INCOME FATHERS IN OBTAINING APPROPRIATE CHILD SUPPORT OBLIGATIONS, AND TO INFORM THEM OF THEIR CHANGING OBLIGATIONS UPON RELEASE; TO ESTABLISH THE WORK AND FAMILY REINTEGRATION INITIATIVE TO HELP REDUCE INCARCERATION RECIDIVISM THROUGH PROVIDING EMPLOYMENT, EDUCATIONAL, TRAINING, AND PARENTING OPPORTUNITIES FOR INCARCERATED PARENTS; AND TO REQUIRE THE DEVELOPMENT OF COMMUNITY ACCESS CENTERS TO HELP PROVIDE SERVICES TO INDIVIDUALS REENTERING THE FAMILY AND WORKFORCE FROM PRISON.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3022 (Word version) -- Reps. Rice, Taylor, Vaughn, Harrison, Davenport, Young, Owens, Leach, Clyburn, Littlejohn and Mahaffey: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH CRITERIA AND PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
Referred to Committee on Ways and Means
H. 3023 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 23, TITLE 59 SO AS TO ENACT THE PUBLIC-PRIVATE EDUCATION FACILITIES AND INFRASTRUCTURE ACT; TO DEFINE CERTAIN TERMS; TO PROVIDE FOR THE PREREQUISITES FOR THE OPERATION OF A QUALIFYING PROJECT; TO PROVIDE THE INFORMATION THAT MUST ACCOMPANY A REQUEST FOR APPROVAL OF A QUALIFYING PROJECT BY THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE FOR THE APPROVAL PROCESS AND WHEN A RESPONSIBLE PUBLIC ENTITY MAY GRANT APPROVAL OF THE ACQUISITION; TO PROVIDE THAT A PUBLIC ENTITY MAY ENTER INTO SERVICE CONTRACTS; TO PROVIDE THAT A PRIVATE ENTITY REQUESTING APPROVAL FROM A RESPONSIBLE PUBLIC ENTITY SHALL NOTIFY EACH AFFECTED LOCAL JURISDICTION, WHICH MAY SUBMIT COMMENTS FOR THE RESPONSIBLE PUBLIC ENTITY'S CONSIDERATION; TO PROVIDE FOR WHEN A PUBLIC ENTITY MAY DEDICATE A PROPERTY INTEREST FOR PUBLIC USE IN A QUALIFYING PROJECT; TO PROVIDE THE POWERS AND DUTIES OF THE OPERATOR OF THE QUALIFYING PROJECT; TO PROVIDE FOR THE SPECIFICATIONS OF THE COMPREHENSIVE AGREEMENT BETWEEN THE OPERATOR AND THE RESPONSIBLE PUBLIC ENTITY; TO PROVIDE THAT THE RESPONSIBLE PUBLIC ENTITY MAY OBTAIN FEDERAL, STATE, OR LOCAL ASSISTANCE FOR A QUALIFYING PROJECT THAT SERVES THE PUBLIC PURPOSE; TO PROVIDE FOR REMEDIES IN THE EVENT OF A MATERIAL DEFAULT BY THE OPERATOR; TO PROVIDE WHEN THE RESPONSIBLE PUBLIC ENTITY MAY EXERCISE THE POWER OF CONDEMNATION; TO PROVIDE FOR WHEN THE QUALIFYING PROJECT CROSSES A UTILITY; TO PROVIDE THAT POLICE OFFICERS HAVE POWERS AND JURISDICTION WITHIN THE LIMITS OF THE QUALIFYING PROJECT; TO PROVIDE THAT THIS ARTICLE IS NOT A WAIVER OF SOVEREIGN IMMUNITY; TO PROVIDE THAT THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE AND GUIDELINES DEVELOPED PURSUANT TO IT AND OTHER BUILDING CODES DO NOT APPLY WHEN THE STATE IS THE RESPONSIBLE PUBLIC ENTITY; AND TO PROVIDE THE PROCEDURES ACCORDING TO WHICH A RESPONSIBLE PUBLIC ENTITY MAY ENTER INTO A COMPREHENSIVE AGREEMENT.
Referred to Committee on Education and Public Works
H. 3024 (Word version) -- Reps. Davenport, Barfield, Leach, Rice, Simrill and Mahaffey: A BILL TO AMEND SECTION 56-3-3950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES, SO AS TO SPECIFY THE PROJECTS THAT THE "KEEP SOUTH CAROLINA BEAUTIFUL FUND" MAY BE USED TO FINANCE, AND TO REVISE THE ALLOCATION OF THE FEES COLLECTED FROM THE ISSUANCE OF "KEEP SOUTH CAROLINA BEAUTIFUL" SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 3025 (Word version) -- Reps. Clemmons, G. R. Smith, Barfield, Viers, Littlejohn, Brady and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, TO ENACT THE SOUTH CAROLINA TEACHER PROTECTION ACT OF 2005; BY ADDING SECTION 15-78-210 SO AS TO PROVIDE PROTECTION FROM CIVIL LIABILITY FOR TEACHERS ACTING IN THE SCOPE OF THEIR EMPLOYMENT AND TO PROVIDE AN EXCEPTION TO THIS PROTECTION; BY ADDING SECTION 59-25-900, SO AS TO PROVIDE THAT A PERSON ASSOCIATED WITH A SCHOOL IN AN OFFICIAL CAPACITY WHO IS INJURED TO THE DEGREE THAT THE PERSON IS UNABLE TO RETURN TO HIS FORMER POSITION BY A STUDENT CONVICTED OF A VIOLATION OF THE SOUTH CAROLINA TEACHER PROTECTION ACT THAT CAUSED THE INJURY MUST BE ALLOWED TO CONTINUE IN ALL RETIREMENT, INSURANCE, AND DEFERRED COMPENSATION PROGRAMS IN WHICH THE PERSON WAS ENROLLED AT THE TIME OF THE INJURY WITH THE EMPLOYER REQUIRED TO CONTINUE EMPLOYER CONTRIBUTIONS ON BEHALF OF THE INJURED EMPLOYEE; TO AMEND SECTION 16-3-612, RELATING TO THE OFFENSE OF A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST SCHOOL PERSONNEL, SO AS TO REDEFINE INTO THREE OFFENSES WITH SEPARATE PENALTIES FOR EACH, INCLUDING ESTABLISHING THE MOST SERIOUS OFFENSE AS A FELONY, AND TO AMEND SECTIONS 16-3-1535, 16-3-1545, AND 16-3-1550, RELATING TO THE REQUIREMENTS FOR NOTICE FOR CRIME VICTIMS AND WITNESSES TO CRIMES IN CRIMINAL AND JUVENILE OFFENDER PROCEEDINGS, SO AS TO REQUIRE JUDGES IN THESE PROCEEDINGS TO MAKE A SPECIFIC INQUIRY INTO COMPLIANCE WITH THESE NOTICE REQUIREMENTS.
Referred to Committee on Judiciary
H. 3026 (Word version) -- Reps. Cato, G. M. Smith, Edge, Sandifer, Coates, Kirsh and Bales: A BILL TO AMEND SECTION 6-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADOPTION AND PROMULGATION OF CERTAIN BUILDING CODES AND STANDARDS, SO AS TO PROVIDE THE MODIFICATIONS PROMULGATED PURSUANT TO THE PROVISIONS OF THIS SECTION DO NOT REQUIRE READOPTION BY THE BUILDING CODES COUNCIL FOR SUBSEQUENT EDITIONS OF THE BUILDING CODES, AND TO PROVIDE A PROCEDURE TO RECONSIDER EXISTING MODIFICATIONS.
Referred to Committee on Labor, Commerce and Industry
H. 3027 (Word version) -- Reps. Sinclair, Barfield, Young, Leach, Viers, Littlejohn, Bales and Toole: A BILL TO AMEND CHAPTER 1, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY GENERAL PROVISIONS, BY ADDING SECTION 23-1-10 SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY ENGAGE IN POLITICAL ACTIVITY WHILE OFF DUTY AND MUST NOT BE DENIED THE RIGHT TO REFRAIN FROM ENGAGING IN POLITICAL ACTIVITY; AND BY ADDING ARTICLE 3 RELATING TO DUE PROCESS DISCIPLINARY PROCEDURES FOR LAW ENFORCEMENT OFFICERS, SO AS TO INCLUDE DEFINITIONS USED IN CONNECTION WITH DISCIPLINARY PROCEEDINGS FOR LAW ENFORCEMENT OFFICERS DISCIPLINARY PROCEEDINGS, TO PROVIDE FOR CERTAIN RIGHTS AND RESPONSIBILITIES OF EMPLOYING AGENCIES AND LAW ENFORCEMENT OFFICERS IN CONNECTION WITH INVESTIGATIONS INTO ALLEGATIONS THAT A LAW ENFORCEMENT OFFICER COMMITTED AN OFFENSE OR ENGAGED IN MISCONDUCT, TO PROVIDE FOR DUE PROCESS WHEN CONDUCTING DISCIPLINARY HEARINGS, TO PROVIDE FOR AGENCY REVIEW OF CERTAIN FINDINGS AND RECOMMENDATIONS BEFORE TAKING DISCIPLINARY ACTION OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, TO PROVIDE FOR APPEALS FROM AGENCY FINDINGS AND RECOMMENDATIONS RESULTING IN DISCIPLINARY OR ADVERSE PERSONNEL ACTION AGAINST A LAW ENFORCEMENT OFFICER, AND TO PROVIDE SAFEGUARDS FOR PLACING ADVERSE PERSONNEL AND DISCIPLINARY MATERIAL IN A LAW ENFORCEMENT OFFICER'S PERSONNEL FILE; AND TO DESIGNATE SECTIONS 23-1-15 THROUGH 23-1-225 OF THE 1976 CODE AS ARTICLE 1 OF CHAPTER 1, TITLE 23.
Referred to Committee on Judiciary
H. 3028 (Word version) -- Rep. Scott: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND IT DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.
Referred to Committee on Education and Public Works
H. 3029 (Word version) -- Reps. Hinson, Young, Leach, Viers, Mahaffey and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-146 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLENT CRIME MUST SURRENDER HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD TO THE COURT WHICH SHALL TRANSMIT IT WITH OTHER INFORMATION TO THE DEPARTMENT OF MOTOR VEHICLES AND BE CONSIDERED REVOKED; BY ADDING SECTION 56-1-148 SO AS TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF A VIOLENT CRIME MUST HAVE A SPECIAL CODE PLACED ON HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD THAT INDICATES THE CONVICTION AND BE CHARGED A FEE OF FIFTY DOLLARS TO HAVE THIS CODE ATTACHED TO HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, TO PROVIDE FOR THE DISTRIBUTION OF THE FEE, THE INTENT OF PLACING THE CODE ON A DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD, AND TO PROVIDE A PROCEDURE FOR THE REMOVAL OF THE CODE; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT AN APPLICATION MUST CONTAIN A STATEMENT DESIGNED TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIMES, AND A LIST OF ALL VIOLENT CRIMES; AND TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO ISSUANCE OF SPECIAL IDENTIFICATION CARDS, SO AS TO PROVIDE THAT AN APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST CONTAIN A STATEMENT DESIGNED TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND A LIST OF ALL VIOLENT CRIMES.
Referred to Committee on Judiciary
H. 3030 (Word version) -- Reps. Harrison, G. R. Smith, Sandifer, Viers, Rice, Hinson and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE IS VOID AND UNENFORCEABLE, AND TO DEFINE THE TERMS "MOTOR CARRIER TRANSPORTATION CONTRACT" AND "PROMISEE".
Referred to Committee on Judiciary
H. 3031 (Word version) -- Reps. Harrison, Viers, Hinson and Mahaffey: A BILL TO AMEND SECTION 24-21-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTORATION OF A PERSON'S CIVIL RIGHTS ONCE HE RECEIVES A PARDON, SO AS TO PROVIDE THAT THE CRIMINAL RECORD OF A PERSON WHO RECEIVES A PARDON IS SUBJECT TO REVIEW UNDER CERTAIN CIRCUMSTANCES WHEN THE PERSON IS UNDER CONSIDERATION FOR CERTIFICATION AS A TRAINED LAW ENFORCEMENT OFFICER; TO AMEND SECTION 24-21-1000, RELATING TO THE ISSUANCE OF A CERTIFICATE OF PARDON, SO AS TO PROVIDE THAT PARDONED CRIMES AND CONVICTIONS MAY BE USED TO ENHANCE SUBSEQUENT OFFENSES THAT ARE ALLOWED BY LAW; AND TO AMEND SECTION 23-6-440, RELATING TO THE ISSUANCE OF CERTIFICATES THAT INDICATE THAT A PERSON HAS SUCCESSFULLY COMPLETED CERTAIN LAW ENFORCEMENT TRAINING, SO AS TO REVISE THE TYPE OF EVIDENCE THAT MUST BE SUBMITTED TO THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY THAT INDICATES THE PERSON HAS NOT BEEN CONVICTED OF CERTAIN CRIMINAL OFFENSES.
Referred to Committee on Judiciary
H. 3032 (Word version) -- Reps. Coates, Pinson, G. R. Smith, Vaughn, Davenport, Sandifer, Barfield, Owens, Leach, E. H. Pitts, Viers, Taylor, Rice, Hinson, Clark, Walker, Simrill, Mahaffey and Toole: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
Referred to Committee on Judiciary
H. 3033 (Word version) -- Reps. Huggins, Vaughn, Leach, E. H. Pitts, Viers, Clark, Simrill, Haley and Toole: A BILL TO AMEND SECTION 16-3-652, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-653, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF FIVE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-654, RELATING TO CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE, SO AS TO PROVIDE THAT A CONVICTION OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE CARRIES A MINIMUM TERM OF IMPRISONMENT OF THREE YEARS, NO PART OF WHICH MAY BE SUSPENDED OR PROBATION GRANTED; TO AMEND SECTION 16-3-655, RELATING TO CRIMINAL SEXUAL CONDUCT WITH A MINOR, SO AS TO ADD THAT AN ACTOR WHO HAS AT LEAST ONE PRIOR CONVICTION FOR A CRIME FOR WHICH THE ACTOR MUST REGISTER AS A SEX OFFENDER PURSUANT TO SECTION 23-3-430 AND WHO ENGAGES IN SEXUAL BATTERY WITH A VICTIM WHO IS LESS THAN SIXTEEN YEARS OF AGE IS GUILTY OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.
Referred to Committee on Judiciary
H. 3034 (Word version) -- Reps. Cobb-Hunter, Vaughn, E. H. Pitts and Clyburn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF COMMERCE TO STUDY THE VIABILITY OF ESTABLISHING AN INLAND INTERMODAL PORT IN THE VICINITY OF THE INTERSECTION OF INTERSTATE HIGHWAYS 95 AND 26 AND TO REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY ON JANUARY 10, 2006.
Referred to Committee on Ways and Means
H. 3035 (Word version) -- Reps. Kirsh, Littlejohn, Hinson, Walker and Mahaffey: A BILL TO AMEND SECTION 8-11-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL LEAVE AND THE LUMP-SUM PAYMENT FOR UNUSED LEAVE FOR STATE EMPLOYEES UPON TERMINATION OF EMPLOYMENT, SO AS TO PROVIDE THAT A TEACHER AND EMPLOYEE RETENTION INCENTIVE EMPLOYEE PROGRAM (TERI)) PARTICIPANT IS NOT ELIGIBLE TO RECEIVE A LUMP-SUM PAYMENT FOR UNUSED ANNUAL LEAVE EARNED WHILE PARTICIPATING IN THE TERI PROGRAM AND TO GIVE THIS PROVISION PROSPECTIVE EFFECT.
Referred to Committee on Ways and Means
H. 3036 (Word version) -- Reps. Kirsh, Witherspoon and Mahaffey: A BILL TO CLOSE THE TEACHER AND EMPLOYEE RETENTION INCENTIVE (TERI) PROGRAM TO NEW PARTICIPANTS EFFECTIVE JULY 1, 2005, AND TO REPEAL EFFECTIVE JULY 1, 2010, ARTICLE 17, CHAPTER 1, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF THE TERI PROGRAM.
Referred to Committee on Ways and Means
H. 3037 (Word version) -- Reps. Kirsh, Vaughn, Hinson and Clark: A BILL TO AMEND SECTIONS 4-10-20, AS AMENDED, 4-10-350, AS AMENDED, 4-10-580, AND 4-37-30, AS AMENDED, ALL OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LOCAL OPTION SALES TAX, THE CAPITAL PROJECT SALES TAX, THE PERSONAL PROPERTY TAX EXEMPTION SALES TAX, AND THE TRANSPORTATION INFRASTRUCTURE SALES TAX, SO AS TO EXEMPT FROM THESE TAXES FOOD ITEMS ELIGIBLE FOR PURCHASE WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS AND TO MAKE THIS EXEMPTION APPLY PROSPECTIVELY.
Referred to Committee on Ways and Means
H. 3038 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-21-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX RATES ON CIGARETTES AND TOBACCO PRODUCTS, SO AS TO IMPOSE A TAX ON CIGARETTE ROLLING PAPER; AND TO AMEND SECTION 16-17-500, AS AMENDED, RELATING TO THE UNLAWFUL SUPPLYING OF MINORS WITH CIGARETTES, TOBACCO, OR CIGARETTE PAPER, SO AS TO CLARIFY THAT IT IS UNLAWFUL TO SUPPLY CIGARETTE ROLLING PAPER TO MINORS, TO REVISE PENALTIES FOR VIOLATION, TO PROVIDE THAT A VIOLATION MUST BE TRIED IN MAGISTRATE'S COURT, AND TO PROVIDE FOR THE DISBURSEMENT OF FINES COLLECTED.
Referred to Committee on Ways and Means
H. 3039 (Word version) -- Rep. Sinclair: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIVE JURISDICTION OF THE FAMILY COURT, SO AS TO DELETE EXCLUSIVE JURISDICTION TO HEAR AND DETERMINE ACTIONS AS TO THE VALIDITY OF MARRIAGES AND THE PATERNITY OF AN INDIVIDUAL, AND TO PROVIDE FOR CONCURRENT JURISDICTION WITH THE FAMILY COURT AND THE PROBATE COURT IN THOSE ACTIONS; AND TO AMEND SECTION 62-1-302, RELATING TO SUBJECT MATTER JURISDICTION IN THE PROBATE COURT, SO AS TO PROVIDE FOR JURISDICTION TO HEAR AND DETERMINE MATTERS OF VALIDITY OF MARRIAGES AND OF PATERNITY.
Referred to Committee on Judiciary
H. 3040 (Word version) -- Reps. J. Brown, Clyburn and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 47 TO TITLE 41 SO AS TO ENACT THE "SOUTH CAROLINA JOB PREPARATION AND RETENTION TRAINING ACT" WHICH ESTABLISHES PROCEDURES FOR PROVIDING SKILLS AND OTHER TRAINING TO INDIVIDUALS WHO ARE WELFARE RECIPIENTS IN PREPARATION FOR MAKING TRANSITIONS TO EMPLOYMENT.
Referred to Committee on Labor, Commerce and Industry
H. 3041 (Word version) -- Rep. J. Brown: A BILL TO AMEND CHAPTER 11, TITLE 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VETERANS AFFAIRS, BY ADDING SECTION 25-11-55 TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE FUNDS DIRECTLY TO THE COUNTY VETERANS AFFAIRS OFFICES IN A MANNER TO BE PROVIDED BY LAW.
Referred to Committee on Ways and Means
H. 3042 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND CHAPTER 1, TITLE 41, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL PROVISIONS OF LABOR AND EMPLOYMENT LAW, BY ADDING SECTION 41-1-115 SO AS TO ESTABLISH FOR A PERSON EMPLOYED BY AN EMPLOYER DOING BUSINESS OR EMPLOYING RESIDENTS OF THIS STATE THE RIGHT TO EXAMINE AND OBTAIN COPIES OF ALL OF THE CONTENTS OF HIS PERSONNEL RECORD AS MAINTAINED BY THAT EMPLOYER, TO PROVIDE FOR THE TIME, PLACE, AND MANNER WHICH EMPLOYERS AND EMPLOYEES MUST FOLLOW RELATING TO ACCESS TO PERSONNEL RECORDS, TO PROVIDE FOR FEES FOR DEFRAYING THE COST OF GRANTING ACCESS TO SUCH PERSONNEL FILE OR MAKING COPIES, TO PROVIDE FOR CERTAIN FINES WHICH MAY BE LEVIED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE A CIVIL REMEDY FOR VIOLATIONS, AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry
H. 3043 (Word version) -- Reps. Kirsh, Vaughn, Hinson and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-125 SO AS TO AUTHORIZE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS TO DENY LICENSURE OR TO SUSPEND THE LICENSE OF AN INDIVIDUAL FOR NONPAYMENT OR DEFAULT OR BREACH OF A REPAYMENT OR SERVICE OBLIGATION UNDER ANY FEDERAL OR STATE EDUCATIONAL LOAN, LOAN REPAYMENT, OR SERVICE-CONDITIONAL SCHOLARSHIP PROGRAM.
Referred to Committee on Labor, Commerce and Industry
H. 3044 (Word version) -- Reps. Davenport, Vaughn, Littlejohn and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-150-375 SO AS TO PROVIDE THAT CERTAIN VISUAL OR HEARING IMPAIRED STUDENTS MAY RECEIVE STATE SCHOLARSHIP FUNDS TO ATTEND CERTAIN OUT-OF-STATE INSTITUTIONS.
Referred to Committee on Ways and Means
H. 3045 (Word version) -- Reps. Kirsh and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1725 SO AS TO AUTHORIZE A PERSON CONSENTING TO THE ADOPTION OF A CHILD TO SELECT THE PROSPECTIVE ADOPTIVE PARENTS, TO AUTHORIZE RELEASE OF CERTAIN DETAILED INFORMATION TO THE BIOLOGICAL PARENT OR GUARDIAN ON THE PROSPECTIVE ADOPTIVE PARENTS AND THEIR EXTENDED FAMILIES, AND TO PROVIDE THAT OTHER INFORMATION MAY BE EXCHANGED BETWEEN THE BIOLOGICAL AND PROSPECTIVE ADOPTIVE PARENTS; AND TO ADD SECTION 20-7-1815 SO AS TO AUTHORIZE ADVERTISING BY A PERSON WHO WISHES TO ADOPT A CHILD AND TO ESTABLISH CERTAIN REQUIREMENTS FOR SUCH ADVERTISING.
Referred to Committee on Judiciary
H. 3046 (Word version) -- Reps. Kirsh and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1040 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON OTHER THAN LAW ENFORCEMENT, FIRE DEPARTMENT, OR EMERGENCY PERSONNEL TO USE, POSSESS WITH THE ABILITY TO USE, SELL, OR PURCHASE A TRAFFIC-CONTROL DEVICE PREEMPTION EMITTER OR A SIMILAR DEVICE, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.
Referred to Committee on Judiciary
H. 3047 (Word version) -- Reps. J. Brown, Coates and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-269 SO AS TO PROVIDE THAT NO HEALTH INSURANCE POLICY OR CONTRACT MAY EXCLUDE THE RIGHT OF ASSIGNMENT OF BENEFITS TO A NONPARTICIPATING PROVIDER AT THE SAME BENEFIT RATE AS PAID TO A PARTICIPATING PROVIDER.
Referred to Committee on Labor, Commerce and Industry
H. 3048 (Word version) -- Reps. White, Vaughn, Sandifer, Mahaffey and Toole: A BILL TO AMEND SECTION 12-60-2510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX ASSESSMENT NOTICES, SO AS TO PROVIDE THAT THE ASSESSMENT NOTICE RESULTING FROM A COUNTYWIDE ASSESSMENT AND EQUALIZATION PROGRAM MUST PROVIDE AN ESTIMATED PROPERTY TAX LIABILITY BASED ON THE REVISED VALUE AND THE ROLLBACK MILLAGE.
Referred to Committee on Ways and Means
H. 3049 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-120 SO AS TO PROVIDE THAT THE OWNERSHIP OR OPERATION OF A MOTORCYCLE OR THE WEARING OF CLOTHING ASSOCIATED WITH THE OWNERSHIP OR OPERATION OF A MOTORCYCLE, EXCEPT WHEN THE CLOTHING IS OBSCENE, IS NOT THE LAWFUL BASIS OF A PERSONNEL ACTION, AND TO PROVIDE FOR DAMAGES, BURDEN OF PROOF, AND A STATUTE OF LIMITATIONS FOR ACTIONS BROUGHT FOR VIOLATION OF THIS SECTION.
Referred to Committee on Judiciary
H. 3050 (Word version) -- Rep. Sinclair: A BILL TO AMEND SECTION 62-1-308, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE PROBATE COURT, SO AS TO PROVIDE THAT THE COURT OF APPEALS MUST HEAR APPEALS DIRECTLY FROM THE PROBATE COURT.
Referred to Committee on Judiciary
H. 3051 (Word version) -- Reps. Sinclair, Harrison and Mahaffey: A BILL TO AMEND SECTION 39-15-1190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL USE OF COUNTERFEIT MARKS, SO AS TO FURTHER DEFINE A "COUNTERFEIT MARK", TO ESTABLISH FELONIES FOR THE USE OF, TRAFFICKING IN, AND PRODUCTION OF A COUNTERFEIT MARK, TO PROVIDE FOR SEIZURE AND SALE OF ITEMS IN CONNECTION WITH THE USE OF A COUNTERFEIT MARK, AND TO PROVIDE FOR INVESTIGATORY POWERS OF THE SECRETARY OF STATE.
Referred to Committee on Judiciary
H. 3052 (Word version) -- Reps. Harrison, Vaughn, Leach, E. H. Pitts, Hinson, Mahaffey and Toole: A BILL TO AMEND SECTION 23-3-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST BE REFERRED TO AS SEX OFFENDERS, SO AS TO PROVIDE THAT A SEX OFFENDER WHOSE NAME IS CONTAINED ON THE SEX OFFENDER REGISTRY, AND WHO HAS BEEN GRANTED A PARDON, MUST REMAIN ON THE REGISTRY AND MUST REGISTER ANNUALLY.
Referred to Committee on Judiciary
H. 3053 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-507 SO AS TO REQUIRE A PERSON WHO SELLS TOBACCO PRODUCTS TO KEEP THESE PRODUCTS BEHIND A COUNTER AND CONCEALED SO AS TO BE OUT OF VIEW FROM A CUSTOMER OR PATRON.
Referred to Committee on Labor, Commerce and Industry
H. 3054 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 TO CHAPTER 31, TITLE 23, SO AS TO PROVIDE THAT A FIREARM RETAILER SHALL PERFORM A BALLISTICS TEST ON A FIREARM HE SELLS BEFORE IT IS DELIVERED TO THE PURCHASER AND SUBMIT TO THE STATE LAW ENFORCEMENT DIVISION CERTAIN INFORMATION REGARDING THE TEST, TO PROVIDE THAT A FIREARM OWNER SHALL NOTIFY THE STATE LAW ENFORCEMENT DIVISION ONCE HE LOSES POSSESSION OF A FIREARM, AND TO PROVIDE CIVIL PENALTIES FOR FAILURE TO COMPLY WITH THESE PROVISIONS.
Referred to Committee on Judiciary
H. 3055 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-959 SO AS TO PROVIDE THAT A COURT ORDER ESTABLISHING PATERNITY MAY BE REVERSED UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
H. 3056 (Word version) -- Reps. J. Brown and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-95 SO AS TO PROVIDE THAT ALL SCHOOL BUSES PURCHASED ON OR AFTER JULY 1, 2005, MUST BE EQUIPPED WITH LAP OR SHOULDER HARNESS SAFETY BELTS; AND TO AMEND SECTION 56-5-6530, AS AMENDED, RELATING TO EXCEPTIONS FOR MANDATORY USE OF SEAT BELTS, SO AS TO EXCLUDE SCHOOL BUSES PURCHASED ON OR AFTER JULY 1, 2005, FROM THE EXCEPTIONS.
Referred to Committee on Education and Public Works
H. 3057 (Word version) -- Reps. J. Brown, Brady, Ballentine and Clark: A BILL TO AMEND SECTION 56-5-6540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS AND ENFORCEMENT OF THE STATE'S MANDATORY USE OF SEAT BELTS AND CHILD RESTRAINT SYSTEM REQUIREMENTS, SO AS TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY STOP A DRIVER OF A MOTOR VEHICLE FOR ANY PRIMARY VIOLATION OF A PROVISION THAT REQUIRES A DRIVER OR PASSENGER TO WEAR A SEAT BELT OR A CHILD RESTRAINT SYSTEM.
Referred to Committee on Education and Public Works
H. 3058 (Word version) -- Reps. J. Brown, Clyburn, Clark and Toole: A BILL TO AMEND SECTION 56-3-1910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF SPECIAL LICENSE TAGS TO DISABLED PERSONS BY THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO PROVIDE THAT THE DEPARTMENT MAY ISSUE A SPECIAL MOTORCYCLE LICENSE PLATE TO CERTAIN DISABLED PERSONS.
Referred to Committee on Education and Public Works
H. 3059 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-67 SO AS TO AUTHORIZE A PATIENT ASSISTANT TO PROVIDE FEEDING AND HYDRATION SERVICES TO PATIENTS IN NURSING HOMES UNDER THE ONSITE SUPERVISION OF A LICENSED HEALTHCARE PROFESSIONAL IF THE ASSISTANT HAS SUCCESSFULLY COMPLETED A TRAINING PROGRAM AND COMPETENCY EVALUATION CONDUCTED BY THE NURSING HOME.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3060 (Word version) -- Reps. Ceips, Vaughn, Mahaffey, Sandifer and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 3, TITLE 16 SO AS TO DEFINE THE TERMS "BLACKMAIL", "COMMERCIAL SEXUAL ACTIVITY", "LABOR", "SEXUALLY EXPLICIT PERFORMANCE", "SERVICES", AND "FORCED LABOR OR SERVICES", TO CREATE OFFENSES INVOLVING INVOLUNTARY SERVITUDE WHEN A PERSON SUBJECTS ANOTHER PERSON TO FORCED LABOR OR SERVICES BY CAUSING OR THREATENING PHYSICAL HARM, PHYSICAL RESTRAINT, FINANCIAL HARM, ABUSING THE LAW OR LEGAL PROCESS, OR CONCEALING OR CONFISCATING IDENTIFICATION SUCH AS A PASSPORT, WHEN A PERSON INTENTIONALLY AIDS IN SUBJECTING ANOTHER PERSON TO FORCED LABOR OR SERVICES, AND WHEN A PERSON BENEFITS FINANCIALLY AS A DIRECT RESULT OF HIS PARTICIPATION IN AN INVOLUNTARY SERVITUDE OFFENSE, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-3-810, RELATING TO ENGAGING A CHILD FOR A SEXUAL PERFORMANCE, SO AS TO REFERENCE ENGAGING A CHILD FOR COMMERCIAL SEXUAL ACTIVITY OR A SEXUALLY EXPLICIT PERFORMANCE AND TO PROVIDE AN INCREASED PENALTY IF A PERSON VIOLATES THE PROVISIONS OF THIS SECTION AND USES OVERT FORCE OR THE THREAT OF OVERT FORCE.
Referred to Committee on Judiciary
H. 3061 (Word version) -- Reps. Lucas and G. R. Smith: A BILL TO AMEND SECTION 56-5-2933, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVING WITH AN UNLAWFUL ALCOHOL CONCENTRATION, SO AS TO DELETE THE PROHIBITION OF ARRESTS PURSUANT TO TRAFFIC ROADBLOCKS OR DRIVER'S LICENSE CHECKPOINTS, DELETE THE SPECIFIC ENUMERATION OF CERTAIN TYPES OF EVIDENCE THAT MAY BE INTRODUCED RELATING TO A PERSON'S ALCOHOL CONCENTRATION, AND TO DELETE A PROVISION PERTAINING TO JURY INSTRUCTIONS; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO A DRIVER'S IMPLIED CONSENT TO BE ADMINISTERED CERTAIN CHEMICAL TESTS, AND THE ADMINISTRATION OF CERTAIN TESTS AND THEIR RESULTS AND INFERENCES, SO AS TO DELETE A PROVISION THAT PROVIDES THAT THE FAILURE TO COMPLY WITH POLICIES, PROCEDURES, AND REGULATIONS PROMULGATED BY SLED RESULTS IN THE EXCLUSION FROM EVIDENCE OF TEST RESULTS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 56-5-2953, AS AMENDED, RELATING TO VIDEOTAPING OF THE INCIDENT SITE AND BREATH SITE, SO AS TO DELETE THE REQUIREMENT THAT A PERSON MUST BE ADVISED OF HIS MIRANDA RIGHTS BEFORE A FIELD SOBRIETY TEST MAY BE ADMINISTERED AND TO DELETE THE REQUIREMENT THAT THE READING OF THE MIRANDA RIGHTS MUST BE VIDEOTAPED AT THE BREATH SITE.
Referred to Committee on Judiciary
H. 3062 (Word version) -- Reps. Kirsh, Davenport, Barfield, Clyburn, Clark, Bales and Toole: A BILL TO AMEND SECTION 40-13-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNUAL RENEWAL OF COSMETOLOGISTS LICENSES AND THE REQUIREMENT THAT APPLICANTS COMPLETE CERTAIN CONTINUING EDUCATION, SO AS TO EXEMPT A PERSON WHO HAS HELD A LICENSE FOR AT LEAST FIFTEEN CONSECUTIVE YEARS AND IS SIXTY YEARS OF AGE OR OLDER OR HAS HELD CONTINUOUS LICENSURE FOR AT LEAST THIRTY YEARS, IS FIFTY YEARS OLD, AND WHO HAS NOT BEEN DISCIPLINED BY THE BOARD OF COSMETOLOGY FROM TAKING THE CONTINUING EDUCATION COURSES; AND TO PROVIDE THAT, UPON APPROVAL BY THE BOARD, AN ATTENDANCE FORM MAY BE OBTAINED GIVING CONTINUING EDUCATION CREDIT FOR ATTENDANCE AT TRADE SHOW COSMETOLOGY-RELATED INSTRUCTIONAL PROGRAMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3063 (Word version) -- Reps. Kirsh and Simrill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 22 TO TITLE 50 SO AS TO PROVIDE FOR CERTAIN KAYAKING AND CANOEING LIABILITY IMMUNITY WHEREBY A KAYAKING OR CANOEING ACTIVITY SPONSOR OR A KAYAKING OR CANOEING PROFESSIONAL IS NOT LIABLE FOR AN INJURY TO OR THE DEATH OF A PARTICIPANT RESULTING FROM AN INHERENT RISK OF KAYAKING OR CANOEING ACTIVITY ABSENT SPECIFIED FACTORS.
Referred to Committee on Judiciary
H. 3064 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 7-11-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF A CANDIDATE WHERE A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR A LEGITIMATE NONPOLITICAL REASON, SO AS TO PROVIDE THAT AN APPEAL FROM AN ELECTION MUST BE TO THE CIRCUIT COURT OF THE COUNTY IN WHICH THE AFFIDAVIT IS FILED STATING THE LEGITIMATE NONPOLITICAL REASON FOR WITHDRAWING AS A CANDIDATE.
Referred to Committee on Judiciary
H. 3065 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 30-2-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO CHANGE THE DEFINITION OF "COMMERCIAL SOLICITATION".
Referred to Committee on Labor, Commerce and Industry
H. 3066 (Word version) -- Rep. Kirsh: A BILL TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REQUIRE COUNTYWIDE TOLL-FREE CALLING TO BE PROVIDED BY ALL TELEPHONE UTILITIES OPERATING WITHIN YORK COUNTY BY JULY 1, 2005, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry
H. 3067 (Word version) -- Reps. J. R. Smith, Clark, Clyburn, Perry, D. C. Smith, Stewart and G. R. Smith: A BILL TO AMEND SECTION 12-14-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INVESTMENT TAX CREDIT AGAINST STATE INCOME TAX ALLOWED FOR ECONOMIC IMPACT ZONE QUALIFIED MANUFACTURING AND PRODUCTIVE EQUIPMENT PROPERTY, SO AS TO EXTEND FOR CERTAIN TAXPAYERS THE TEN-YEAR CARRY-FORWARD PERIOD FOR UNUSED TAX CREDITS AND PROVIDE THE REQUIREMENTS NECESSARY FOR A TAXPAYER TO RECEIVE THE ADDITIONAL CARRY-FORWARD PERIOD.
Referred to Committee on Ways and Means
H. 3068 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 15-78-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO A GOVERNMENTAL ENTITY'S WAIVER OF IMMUNITY UNDER THE TORT CLAIMS ACT, SO AS TO MAKE A TECHNICAL CHANGE.
Referred to Committee on Judiciary
H. 3069 (Word version) -- Rep. Clemmons: A BILL TO AMEND SECTION 27-31-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USE OF INSURANCE PROCEEDS TO RECONSTRUCT DAMAGED PROPERTY GOVERNED BY THE HORIZONTAL PROPERTY ACT, SO AS TO PROVIDE FOR REPAIR OR RECONSTRUCTION UPON A VOTE OF EIGHTY PERCENT OF THE CO-OWNERS, OR MORE IF REQUIRED BY THE PROPERTY BYLAWS, AND TO PROVIDE, FURTHER, FOR DISTRIBUTION OF INSURANCE PROCEEDS.
Referred to Committee on Labor, Commerce and Industry
H. 3070 (Word version) -- Reps. Cobb-Hunter, Clyburn and Littlejohn: A JOINT RESOLUTION TO CREATE A PUBLIC EDUCATION FUNDING STUDY COMMITTEE TO STUDY THE SYSTEM OF FUNDING PUBLIC EDUCATION IN THIS STATE IN GRADES K-12.
Referred to Committee on Education and Public Works
H. 3071 (Word version) -- Reps. Cobb-Hunter, E. H. Pitts and Toole: A BILL TO AMEND SECTION 16-3-635, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSAULT AND BATTERY UPON EMERGENCY MEDICAL SERVICE PROVIDERS, FIREFIGHTERS, OR HOME HEALTH CARE WORKERS, SO AS TO REVISE THE ELEMENTS AND CONDITIONS OF THIS OFFENSE AND INCLUDE PUBLIC TRANSPORTATION WORKERS WITHIN THIS SECTION.
Referred to Committee on Judiciary
H. 3072 (Word version) -- Reps. Cobb-Hunter, Viers, Brady and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 3073 (Word version) -- Reps. Cobb-Hunter and Clyburn: A BILL TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES UNDER THE EDUCATION FINANCE ACT AND THE EDUCATION FINANCE REVIEW COMMITTEE, SO AS TO PROVIDE THAT THE COMMITTEE SHALL STUDY THE FUNDING FORMULAS FOR PUBLIC EDUCATION IN THIS STATE TO DETERMINE IF THEY ARE ADEQUATE AND EQUITABLE AND ALSO THE ISSUE OF UNFUNDED MANDATES CAUSED BY NEW EDUCATIONAL INITIATIVES.
Referred to Committee on Ways and Means
H. 3074 (Word version) -- Reps. E. H. Pitts, Mahaffey and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-313 SO AS TO PROVIDE THAT A PERSON WHO FILES AN APPLICATION TO RUN FOR A SEAT ON THE BOARD OF TRUSTEES OF A SCHOOL DISTRICT SHALL PAY A FILING FEE OF ONE HUNDRED DOLLARS.
Referred to Committee on Education and Public Works
H. 3075 (Word version) -- Reps. E. H. Pitts, Mahaffey and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-1505 SO AS TO PROVIDE THAT WHEN A SCHOOL RECEIVES AN ABSOLUTE RATING OF BELOW AVERAGE OR UNSATISFACTORY ON ITS REPORT CARD FOR TWO CONSECUTIVE YEARS, THE SCHOOL SHALL REQUIRE THE STUDENTS TO WEAR UNIFORMS.
Referred to Committee on Education and Public Works
H. 3076 (Word version) -- Reps. G. M. Smith and Coates: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-140, SO AS TO AUTHORIZE A GOVERNING BODY OF A COUNTY OR MUNICIPALITY TO GRANT OR DENY A WAIVER FROM THE REQUIREMENTS OF CODES OR ORDINANCES SPECIFYING THE LOCATION OF FIRE HYDRANTS; AND TO AMEND SECTION 15-78-60, AS AMENDED, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM WAIVERS GRANTED OR DENIED.
Referred to Committee on Judiciary
H. 3077 (Word version) -- Reps. Huggins, E. H. Pitts, Barfield, Rice and Toole: A BILL TO AMEND SECTION 56-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL RESTRICTED DRIVER'S LICENSE, SO AS TO REVISE THE DEFINITION OF THE TERM "DAYLIGHT HOURS" AND TO PROVIDE THAT THE RESTRICTIONS CONTAINED ON THIS DRIVER'S LICENSE MAY BE MODIFIED OR WAIVED BY THE DEPARTMENT IF THE LICENSEE PROVES THAT THE RESTRICTIONS INTERFERE WITH HIS TRAVEL BETWEEN HIS HOME AND CHURCH-SPONSORED ACTIVITIES.
Referred to Committee on Education and Public Works
H. 3078 (Word version) -- Reps. Harrison and Ott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-11-911 SO AS TO DEFINE THE TERMS "AUDIOVISUAL RECORDING DEVICE", "PERSON", "MOTION PICTURE THEATER", AND "THEATER OWNER" AND TO CREATE THE OFFENSE OF UNLAWFUL OPERATION OF A RECORDING DEVICE IN A MOTION PICTURE THEATER; AND TO AMEND SECTION 16-11-920 TO PROVIDE GRADUATED PENALTIES.
Referred to Committee on Judiciary
H. 3079 (Word version) -- Reps. Howard, Clyburn and Cobb-Hunter: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-25, 2-19-30, 2-19-35, 2-19-70, 2-19-80, 2-19-100, 2-19-110, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED AND FIT CANDIDATES TO THE GENERAL ASSEMBLY, TO DELETE THE REQUIREMENT THAT RACE, GENDER, NATIONAL ORIGIN, AND OTHER DEMOGRAPHIC FACTORS BE CONSIDERED BY THE COMMISSION, TO DEFINE THE TERM "IMMEDIATE FAMILY MEMBER", AND TO PROVIDE FURTHER CONFORMING CHANGES.
Referred to Committee on Judiciary
H. 3080 (Word version) -- Rep. J. Brown: A BILL TO AMEND SECTION 20-1-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MARRIAGE LICENSE APPLICATION REQUIREMENTS, SO AS TO DELETE THE REQUIREMENT THAT THE APPLICATION CONTAIN SOCIAL SECURITY NUMBERS OR THE ALIEN IDENTIFICATION NUMBERS ASSIGNED TO RESIDENT ALIENS WHO DO NOT HAVE SOCIAL SECURITY NUMBERS AND TO REQUIRE THE PARTIES TO SIGN THE APPLICATION IN THE PRESENCE OF AN EMPLOYEE OF THE COURT AND TO PRESENT A PHOTO IDENTIFICATION.
Referred to Committee on Judiciary
H. 3081 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 40-8-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSURE OF PERPETUAL CARE CEMETERIES, SO AS TO PROVIDE THAT THE LICENSURE FEE MUST BE BASED UPON THE NUMBER OF ANNUAL INTERNMENTS, RATHER THAN A FLAT LICENSURE FEE AND TO DELETE PROVISIONS ESTABLISHING DIFFERENT FEES FOR CEMETERIES PREVIOUSLY IN EXISTENCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3082 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-220 SO AS TO REQUIRE ALL BUILDINGS CONSTRUCTED BY THE STATE OR FOR OCCUPANCY BY AN AGENCY, DEPARTMENT, OR ENTITY OF THE STATE AFTER JUNE 30, 2005, TO HAVE TWICE AS MANY TOILETS FOR WOMEN AS FOR MEN.
Referred to Committee on Ways and Means
H. 3083 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-57 SO AS TO PROVIDE A PROCEDURE FOR THE QUALIFICATION OF A CANDIDATE FOR STATEWIDE OFFICE WHEN THE PERSON WINNING THE PRIMARY DIES OR WITHDRAWS; TO AMEND SECTION 7-11-50, AS AMENDED, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO MAKE REFERENCE TO SECTION 7-11-57; AND TO AMEND SECTION 7-11-55, RELATING TO REQUIRING A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO IS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO MAKE REFERENCES TO SECTION 7-11-57.
Referred to Committee on Judiciary
H. 3084 (Word version) -- Rep. Sinclair: 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 THE QUALIFICATIONS FOR THIS OFFICE.
Referred to Committee on Judiciary
H. 3085 (Word version) -- Reps. Harrison, Kirsh, E. H. Pitts, Hinson and Mahaffey: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO ADD THAT IT IS UNLAWFUL TO USE IDENTIFYING INFORMATION OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.
Referred to Committee on Judiciary
H. 3086 (Word version) -- Reps. J. R. Smith, Cotty, Chellis, Scarborough, Bales, Brady, Cato, Ceips, Clark, Hamilton, Harrell, Haskins, Leach, Neilson, Perry, D. C. Smith, G. R. Smith, Townsend, Tripp, Vaughn, Walker, Coates, Owens, E. H. Pitts, Littlejohn, Rice, Witherspoon, Hinson and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTING RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT AND SPECIAL SCHOOLS INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO DESCRIBE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM WILL BE FUNDED BEGINNING JULY 1, 2005.
Referred to Committee on Ways and Means
H. 3087 (Word version) -- Reps. Harrison and Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 10 SO AS TO PROVIDE FOR THE REGISTRATION AND LICENSING OF ALL-TERRAIN VEHICLES.
Referred to Committee on Education and Public Works
H. 3088 (Word version) -- Reps. Harrison and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-65 SO AS TO PROVIDE THAT THE COURT MAY CORRECT, WITHIN SEVEN DAYS OF SENTENCING, A SENTENCE THAT RESULTED FROM ARITHMETICAL, TECHNICAL, OR OTHER CLEAR ERROR, AND TO PROVIDE THAT UPON MOTION OF THE STATE, A COURT MAY REDUCE A SENTENCE WHEN A DEFENDANT, AFTER SENTENCING, PROVIDES SUBSTANTIAL ASSISTANCE IN THE INVESTIGATION OR PROSECUTION OF ANOTHER PERSON AND TO PROVIDE THE COURT MAY REDUCE A SENTENCE BELOW THE MINIMUM SENTENCE SET BY LAW WHEN THE DEFENDANT PROVIDES SUBSTANTIAL ASSISTANCE AFTER SENTENCING.
Referred to Committee on Judiciary
H. 3089 (Word version) -- Reps. White and Sandifer: A BILL TO AMEND SECTION 15-78-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE TORT CLAIMS ACT, SO AS TO INCLUDE IN THE DEFINITION OF "GOVERNMENTAL HEALTH CARE FACILITY" A NURSING HOME THAT PROVIDES SERVICES THROUGH MEDICAID, MEDICARE, OR BY CONTRACT WITH THE VETERANS ADMINISTRATION AND THOSE SERVICES CONSTITUTE AT LEAST TWENTY-FIVE PERCENT OF THE GROSS REVENUE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3090 (Word version) -- Reps. White, Davenport and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-47 SO AS TO PROVIDE CIVIL LAWSUIT PROTECTION FOR PHYSICIANS, OPTOMETRISTS, NURSE PRACTITIONERS, AND PHYSICIAN ASSISTANTS WHO PRESCRIBE FDA APPROVED DRUGS; TO AMEND TITLE 15 OF THE 1976 CODE BY ADDING CHAPTERS 32 AND 40 SO AS TO PROVIDE FOR CERTAIN LIMITS ON THE AMOUNT AND TYPES OF DAMAGE AWARDS IN PERSONAL INJURY ACTIONS, TO PROVIDE FOR FINDINGS WHICH MUST BE MADE WITH REGARD TO SUCH DAMAGE AWARDS, TO PROVIDE THAT IN TORT ACTIONS EVIDENCE OF COLLATERAL SOURCE PAYMENTS WHICH HAVE BEEN PAID OR MAY BE DUE THE CLAIMANT MAY BE INTRODUCED IN EVIDENCE, TO PROVIDE THAT THE TRIER OF FACT MUST CONSIDER THE COLLATERAL SOURCE PAYMENTS WHEN DETERMINING THE AMOUNT OF DAMAGES, AND TO PROVIDE THAT THE TRIER OF FACT MUST MAKE CERTAIN FACTUAL FINDINGS WITH REGARD TO ITS DAMAGE AWARD; TO AMEND SECTION 15-7-20, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE CAUSE OF ACTION AROSE, SO AS TO REQUIRE THAT AN ACTION AGAINST CERTAIN HEALTH CARE PROFESSIONALS BE BROUGHT IN THE COUNTY WHERE THE ALLEGED ACT OR OMISSION OCCURRED; AND TO AMEND SECTION 15-38-20, RELATING TO THE RIGHT OF CONTRIBUTION, SO AS TO REVISE THE LIMITATION OF JOINT AND SEVERAL LIABILITY FOR DAMAGES CAUSED BY TWO OR MORE MEDICAL DEFENDANTS.
Referred to Committee on Judiciary
H. 3091 (Word version) -- Reps. White, Davenport and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-5-48 SO AS TO PROVIDE PROTECTION FROM CIVIL LAWSUITS FOR MEDICAL PROVIDERS AND PHARMACEUTICAL COMPANIES WHEN A PLAINTIFF FILLS A PRESCRIPTION FOR A FEDERAL FOOD AND DRUG ADMINISTRATION APPROVED DRUG OUTSIDE OF THE UNITED STATES AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Judiciary
H. 3092 (Word version) -- Reps. Cobb-Hunter and E. H. Pitts: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM AD VALOREM TAXATION, SO AS TO EXEMPT A MOBILE HOME WHICH IS OCCUPIED AS A LEGAL RESIDENCE BY AN OWNER SIXTY-TWO YEARS OF AGE OR OLDER.
Referred to Committee on Ways and Means
H. 3093 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRAWING AND UTTERING ANY FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT THE SECTION DOES NOT APPLY TO A CHECK GIVEN TO A DEFERRED PRESENTMENT SERVICE OR A CHECK CASHING SERVICE; TO AMEND SECTION 34-11-70, AS AMENDED, RELATING TO EVIDENCE OF FRAUDULENT INTENT AND PROSECUTION FOR ISSUANCE OF ANY FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO PROVIDE THAT A COMMERCIAL AGENT FOR COLLECTION OF AN OBLIGATION PAID FOR WITH ANY FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER DOES NOT HAVE THE SAME RIGHTS AS THE ORIGINAL PAYEE UNLESS THE CHECK, DRAFT, OR OTHER WRITTEN ORDER HAS BEEN ENDORSED OVER TO THE AGENT FOR COLLECTION FOR VALUE AND WITHOUT RESERVATION OF RIGHTS; TO AMEND SECTION 34-39-180, RELATING TO REGULATION OF DEFERRED PRESENTMENT SERVICES AND SECTION 34-41-60, RELATING TO REGULATION OF CHECK CASHING SERVICES, SO AS TO PROVIDE THAT NEITHER SERVICE MAY RELY ON THE CIVIL OR CRIMINAL REMEDIES IN CHAPTER 11, TITLE 34, FOR PROSECUTING OR CIVILLY ENFORCING PAYMENT OF A FRAUDULENT CHECK.
Referred to Committee on Judiciary
H. 3094 (Word version) -- Reps. Cobb-Hunter and Clyburn: A BILL TO AMEND SECTION 1-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION ON WOMEN, SO AS TO PROVIDE THAT THE COMMISSION SHALL BE A SEPARATE AND AUTONOMOUS STATE AGENCY NOT A PART OF THE OFFICE OF THE GOVERNOR; AND TO AMEND SECTION 1-30-110, RELATING TO CERTAIN BOARDS, COMMISSIONS, AND COMMITTEES BEING A PART OF THE OFFICE OF THE GOVERNOR, SO AS TO DELETE THE COMMISSION ON WOMEN.
Referred to Committee on Judiciary
H. 3095 (Word version) -- Reps. Breeland, Clark and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-55 SO AS TO PROVIDE THAT A PERSON MAY NOT SERVE SIMULTANEOUSLY ON THE SAME SCHOOL BOARD OF TRUSTEES WITH HIS SPOUSE.
Referred to Committee on Education and Public Works
H. 3096 (Word version) -- Reps. J. R. Smith, Scarborough, Coates, Rice, Hinson and Clark: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 155 TO TITLE 59 SO AS TO ENACT THE "S.M.A.R.T. (STREAMLINED MANAGEMENT AND ACCOUNTABLE RESOURCES FOR TEACHING) FUNDING IN EDUCATION ACT", TO PROVIDE FOR THE CONSOLIDATION OF STATE SOURCES OF FUNDING FOR K-12 INTO A SINGLE SOURCE FOR ALLOCATION BY EACH LOCAL SCHOOL DISTRICT INTO AREAS IT DETERMINES BEST ACHIEVE ITS OBJECTIVES AND ENHANCE ITS ACCOUNTABILITY, TO PROVIDE THAT THE FUNDING BE MADE BASED ON SIX GENERAL CATEGORIES FOR WHICH THE FUNDS MUST BE USED, AND TO PROVIDE THAT THE MONIES WHICH FORM THE POOL OF MONIES IN EACH GENERAL CATEGORY MAY BE TRANSFERRED WITH ONE HUNDRED PERCENT FLEXIBILITY AMONG PROGRAMS WITHIN THAT CATEGORY AND TO PROVIDE EXCEPTIONS, TO PROVIDE FOR SOME FLEXIBILITY IN DISTRIBUTION OF FUNDING ACROSS CATEGORIES, TO PROVIDE SPECIAL REQUIREMENTS FOR DISTRICTS WITH FIFTY PERCENT OR MORE OF ITS SCHOOLS EARNING AN UNSATISFACTORY ABSOLUTE RATING, AND TO PROVIDE THAT THE S.M.A.R.T. FUNDING PROGRAM BEGINS IN FISCAL YEAR 2006 - 2007.
Referred to Committee on Ways and Means
H. 3097 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 15-3-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL ACTIONS BASED UPON A DEFECTIVE OR UNSAFE CONDITION OF AN IMPROVEMENT TO REAL PROPERTY, SO AS TO ESTABLISH AN OUTSIDE LIMITATION OF SIX YEARS AFTER SUBSTANTIAL COMPLETION OF THE IMPROVEMENT FOR BRINGING THE ACTION.
Referred to Committee on Judiciary
H. 3098 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTIONS 56-1-745 AND 56-1-746, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DRIVER'S LICENSE SUSPENSION DUE TO A CONVICTION OF A CONTROLLED SUBSTANCE VIOLATION AND UNDERAGE PURCHASE AND POSSESSION OF ALCOHOL OFFENSES, SO AS TO PROVIDE THAT IF A PERSON IS ACCEPTED INTO A PRETRIAL INTERVENTION PROGRAM FOR EITHER OFFENSE, THE PERSON'S DRIVER'S LICENSE MUST BE SUSPENDED.
Referred to Committee on Judiciary
H. 3099 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 44-23-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF CAPACITY TO STAND TRIAL OF PERSONS CHARGED WITH A CRIME OR CIVIL CONTEMPT, SO AS TO PROVIDE THAT THIS PROVISION APPLIES TO MAGISTRATES' COURT, TO PROVIDE A PROCEDURE TO SUSPEND AND REINSTATE A PERSON'S DRIVER'S LICENSE OR PRIVILEGE TO DRIVE WHO IS UNABLE TO STAND TRIAL BECAUSE OF A MENTAL CONDITION, AND TO PROVIDE A PROCEDURE TO SUSPEND AND REINSTATE A PERSON'S DRIVER'S LICENSE OR PRIVILEGE TO DRIVE WHO HAS SUFFERED A RELAPSE OF A MENTAL CONDITION BEFORE HIS TRIAL DATE.
Referred to Committee on Judiciary
H. 3100 (Word version) -- Reps. Kirsh, Rice and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2785 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A DRIVER OF A MOTOR VEHICLE TO FAIL TO STOP WHEN SIGNALED TO STOP BY A ROAD GUARD IN A SCHOOL ZONE, TO PROVIDE THAT A VIOLATION OF THIS PROVISION IS A MISDEMEANOR AND A VIOLATOR MAY BE FINED AND IMPRISONED, AND TO PROVIDE FOR THE PLACEMENT OF SIGNS IN SCHOOL ZONES THAT INFORM MOTORISTS OF THE HOURS A ROAD GUARD IS ON DUTY AND THE PENALTY FOR FAILING TO STOP WHEN A ROAD GUARD SIGNALS A MOTORIST TO STOP.
Referred to Committee on Judiciary
H. 3101 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 23-43-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT OF FEES BY THE SOUTH CAROLINA BUILDING CODES COUNCIL FOR THE ENFORCEMENT OF THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO PROVIDE THAT THE COUNCIL SHALL ESTABLISH FEES BASED UPON THE COSTS OF ADMINISTERING THE CHAPTER AND TO DELETE THE PROVISION REQUIRING THE DEPOSIT OF THESE FEES IN THE STATE GENERAL FUND; AND TO AMEND SECTION 41-16-140 AND SECTION 41-18-120, BOTH AS AMENDED, RELATING TO THE PROMULGATION OF REGULATIONS TO ESTABLISH FEES FOR THE INSPECTION AND PERMITTING OF ELEVATORS AND OF AMUSEMENT RIDES, RESPECTIVELY, SO AS TO PROVIDE THAT THESE FEES MUST BE BASED UPON THE COSTS OF ADMINISTERING THEIR RESPECTIVE CHAPTERS, TO PROHIBIT THE ISSUANCE OF LICENSES OR PERMITS IF A PERSON HAS FAILED TO PAY THE APPLICABLE FEES, AND TO PROVIDE THAT THE SET-OFF DEBT COLLECTION ACT MUST BE USED FOR THE COLLECTION OF UNPAID FEES.
Referred to Committee on Labor, Commerce and Industry
H. 3102 (Word version) -- Reps. Kirsh, Rice and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-77-215 SO AS TO PROHIBIT THE AWARDING OF DAMAGES IN FAVOR OF A PERSON WHO IS INJURED WHILE OPERATING HIS MOTOR VEHICLE IF HIS INJURIES RESULTED FROM HIS OPERATION OF THE VEHICLE AND IF HE DID NOT HAVE IN EFFECT FOR THAT VEHICLE THE FINANCIAL SECURITY REQUIRED BY THE LAWS OF THIS STATE AT THE TIME THE INJURY OCCURRED.
Referred to Committee on Judiciary
H. 3103 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-255 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION REQUIRE COUNTYWIDE TOLL-FREE CALLING TO BE PROVIDED BY ALL TELEPHONE UTILITIES OPERATING WITHIN A COUNTY BY JULY 1, 2005, AND TO PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry
H. 3104 (Word version) -- Reps. Kirsh and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70, SO AS TO PROVIDE THAT AN OFFICER OR EMPLOYEE OF THE STATE OR A LOCAL GOVERNMENT AGENCY MAY NOT USE A VOICE MAIL SYSTEM IF THE OFFICER OR EMPLOYEE IS AT HIS REGULARLY ASSIGNED WORKSTATION AND HIS TELEPHONE IS FUNCTIONAL AND AVAILABLE FOR USE UNLESS THE VOICE MAIL SYSTEM PROVIDES THE CALLER WITH ACCESS TO A NONELECTRONIC ATTENDANT OR AUTOMATICALLY TRANSFERS THE CALLER TO A NONELECTRONIC ATTENDANT.
Referred to Committee on Ways and Means
H. 3105 (Word version) -- Reps. Kirsh, Vaughn and Clyburn: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF A FAMILY COURT IN A DOMESTIC MATTER, AND SECTION 59-28-160, RELATING TO THE POWERS OF A LOCAL SCHOOL BOARD OF TRUSTEES IN RELATION TO PROMOTING PARENTAL INVOLVEMENT IN THEIR CHILDREN'S SCHOOL ACTIVITIES, BOTH SO AS TO PROVIDE THAT THE SCHOOL BOARD MAY PETITION THE FAMILY COURT, AND THE FAMILY COURT HAS JURISDICTION TO HEAR A PETITION, TO REQUIRE A PARENT OR LEGAL GUARDIAN OF A STUDENT WHO HABITUALLY EXHIBITS DISRUPTIVE BEHAVIOR IN THE CLASSROOM TO ATTEND A PARENT-TEACHER CONFERENCE.
Referred to Committee on Judiciary
H. 3106 (Word version) -- Reps. Kirsh and Hinson: A BILL TO AMEND SECTION 59-29-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COURSES IN PHYSICAL EDUCATION AND ROTC PROGRAMS, SO AS TO ALLOW BAND TO BE SUBSTITUTED FOR PHYSICAL EDUCATION INSTRUCTION.
Referred to Committee on Education and Public Works
H. 3107 (Word version) -- Reps. M. A. Pitts, Viers, Taylor and Mahaffey: A BILL TO AMEND SECTION 40-47-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO PROVIDE FOR TWO ADDITIONAL LAY MEMBERS OF THE BOARD, ONE TO BE APPOINTED BY THE PRESIDENT PRO TEMPORE OF THE SENATE AND ONE TO BE APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3108 (Word version) -- Reps. M. A. Pitts, Barfield, Taylor and Mahaffey: A BILL TO AMEND SECTION 40-47-211, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEDICAL DISCIPLINARY COMMISSION OF THE STATE BOARD OF MEDICAL EXAMINERS, SO AS TO ADD TWO LAY MEMBERS FROM EACH CONGRESSIONAL DISTRICT TO BE ELECTED BY THE GENERAL ASSEMBLY, AND TO PROVIDE THAT EACH MEDICAL DISCIPLINARY COMMISSION PANEL FROM A CONGRESSIONAL DISTRICT HEARING AND INVESTIGATING COMPLAINTS AGAINST A PARTICULAR PHYSICIAN OR PHYSICIANS MUST CONTAIN AT LEAST ONE LAY MEMBER OF THE COMMISSION FROM THAT CONGRESSIONAL DISTRICT.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3109 (Word version) -- Reps. M. A. Pitts, E. H. Pitts, Taylor and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-67-160 SO AS TO PROVIDE THAT A SCHOOL BUS DRIVER SHALL HAVE A PHYSICAL PERFORMED BY A PHYSICIAN OR NURSE PRACTITIONER BEFORE THE TESTING REQUIRED TO OPERATE A SCHOOL BUS AND PROVIDE FOR THE REPORTING OF THE RESULTS OF THE EXAMINATION.
Referred to Committee on Education and Public Works
H. 3110 (Word version) -- Reps. M. A. Pitts, Viers, Taylor, Rice, Witherspoon, Sandifer and Toole: A BILL TO AMEND SECTION 23-31-215, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF CONCEALABLE WEAPONS PERMITS, SO AS TO PROVIDE THAT VALID OUT-OF-STATE PERMITS TO CARRY CONCEALABLE WEAPONS HELD BY A RESIDENT OF ANOTHER STATE MUST BE HONORED BY THIS STATE AND TO DELETE THE PROVISION THAT THIS STATE WILL ONLY HONOR OUT-OF-STATE PERMITS ISSUED BY A STATE WITH WHICH SOUTH CAROLINA HAS RECIPROCITY.
Referred to Committee on Judiciary
H. 3111 (Word version) -- Reps. Kirsh, Davenport, Clyburn, Rice and Clark: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO REDUCE AT THE RATE OF ONE PERCENT A YEAR THE FIVE PERCENT STATE SALES TAX ON FOOD ITEMS WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO EXEMPT COMPLETELY FROM THE STATE PORTION OF THE TAX ALL SUCH FOOD AND MEALS EFFECTIVE JULY 1, 2009, AND TO PROVIDE FOR THE USE OF THE REVENUE FROM THE REDUCED RATES OF TAX DURING THE PHASE-IN PERIOD.
Referred to Committee on Ways and Means
H. 3112 (Word version) -- Reps. Kirsh and Sandifer: A BILL TO AMEND CHAPTER 1, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 54-1-10 THROUGH 54-1-40 AS ARTICLE 1, ENTITLED "GENERAL PROVISIONS" AND BY ADDING ARTICLE 3 ENACTING THE "GAMBLING CRUISE ACT" SO AS TO MAKE IT UNLAWFUL TO CONDUCT GAMBLING ON "CRUISES TO NOWHERE", TO PROVIDE DEFINITIONS RELATING TO THESE OFFENSES, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary
H. 3113 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-85 SO AS TO REQUIRE A COMPETITIVE BID PROCEDURE FOR SOLICITING BIDS FROM AT LEAST THREE PRIVATE LAW FIRMS OR PRIVATE SOLE PRACTITIONERS OF LAW BEFORE THE ATTORNEY GENERAL MAY ENTER INTO A CONTRACT FOR THE REPRESENTATION OF THE STATE IN A LEGAL MATTER INVOLVING THE STATE, TO CREATE A BOARD OF REVIEW TO DEVELOP A ROTATING AND ANNUALLY UPDATED LIST OF PREAPPROVED PRIVATE LAW FIRMS AND SOLE PRACTITIONERS OF LAW AND TO DEVELOP AND IMPLEMENT THE COMPETITIVE BID PROCESS FOR EACH PROPOSED CONTRACT FOR LEGAL REPRESENTATION, AND TO REQUIRE APPROVAL FROM THE STATE BUDGET AND CONTROL BOARD OF EACH PROPOSED CONTRACT FOR LEGAL REPRESENTATION OF THE STATE BY A PRIVATE LAW FIRM OR SOLE PRACTITIONER OF LAW.
Referred to Committee on Judiciary
H. 3114 (Word version) -- Rep. Scarborough: A BILL TO AMEND SECTION 12-28-310, AS AMENDED, RELATING TO THE SIXTEEN CENTS A GALLON USER FEES ON MOTOR FUELS, SO AS TO REDUCE THIS USER FEE TO ELEVEN CENTS A GALLON, AND TO AMEND SECTIONS 12-28-2720, 12-28-2725, 12-28-2730, AS AMENDED, AND 12-28-2910, ALL RELATING TO MOTOR FUEL USER-FEE REVENUES, SO AS TO CONFORM THESE SECTIONS TO THE PROVISIONS OF THIS ACT, TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO DELETE THE EXEMPTIONS FROM THE STATE SALES TAX FOR FUELS SUBJECT TO THE USER FEE ON MOTOR FUELS AND REQUIRE THE REVENUE DERIVED FROM SALES TAX ON THIS FUEL TO BE CREDITED TO THE STATE HIGHWAY FUND AND USED FOR ROAD REPAIR AND MAINTENANCE, AND TO AMEND SECTIONS 56-11-410 AND 56-11-450, RELATING TO THE SIXTEEN CENTS A GALLON ROAD TAX ON MOTOR CARRIERS, SO AS TO REDUCE THIS TAX FROM SIXTEEN TO ELEVEN CENTS A GALLON AND IMPOSE AN ADDITIONAL ROAD TAX EQUAL TO STATE SALES TAX REVENUE ON MOTOR FUELS.
Referred to Committee on Ways and Means
H. 3115 (Word version) -- Reps. J. Brown and Clyburn: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTION ORTHOTIC DEVICES AND REPLACEMENT PARTS FOR PRESCRIPTION PROSTHETIC AND ORTHOTIC DEVICES.
Referred to Committee on Ways and Means
H. 3116 (Word version) -- Reps. Umphlett and Mahaffey: A BILL TO AMEND SECTION 12-6-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MODIFICATIONS OF TAXABLE INCOME FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF ASSESSMENTS OTHER THAN PROPERTY TAXES IMPOSED ON REAL PROPERTY IN CONNECTION WITH PROVIDING SERVICES OR POTENTIAL SERVICES FOR THE BENEFIT OF THE PROPERTY OWNER, AND TO ALLOW THE DEDUCTION OF THE CHARGE FOR A PERMIT, LICENSE, OR FEE REQUIRED TO BE PAID TO A UNIT OF GOVERNMENT IN CONNECTION WITH IMPROVEMENTS TO REAL PROPERTY.
Referred to Committee on Ways and Means
H. 3117 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 48-4-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GOVERNING BOARD OF THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO INCREASE THE MEMBERSHIP OF THE BOARD FROM SEVEN TO EIGHT AND PROVIDE THAT THE ADDITIONAL APPOINTMENT MUST BE MADE FROM THE MEMBERSHIP OF THE SOUTH CAROLINA ASSOCIATION OF CONSERVATION DISTRICTS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3118 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 3, TITLE 15 SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "CLAIM", "FEDERAL ACT", "GENERALLY-KNOWN CONDITION ALLEGEDLY CAUSED BY OR ALLEGEDLY LIKELY TO RESULT FROM LONG-TERM CONSUMPTION", "KNOWING AND WILFUL", AND "ANOTHER PERSON"; TO PROVIDE THAT MANUFACTURERS, PACKERS, DISTRIBUTORS, CARRIERS, HOLDERS, SELLERS, MARKETERS, AND ADVERTISERS OF FOOD ARE NOT LIABLE FOR CLAIMS RELATING TO WEIGHT GAIN OR OBESITY, TO PROVIDE FOR EXCEPTIONS FOR CLAIMS BASED ON ADULTERATION OR MISBRANDING OF FOOD LABELS, AND TO PROVIDE PROCEDURES FOR THOSE CLAIMS.
Referred to Committee on Judiciary
H. 3119 (Word version) -- Reps. Harrison, Lucas, G. R. Smith, Barfield, Kirsh, Leach, Hinson, Clark, Bales, Simrill and Toole: A BILL TO AMEND CHAPTER 8, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES THAT PROMOTE CIVIL DISORDER BY DESIGNATING THE EXISTING SECTIONS AS ARTICLE 1 AND BY ADDING ARTICLE 2 SO AS TO ENACT THE "CRIMINAL GANG PREVENTION ACT", TO DEFINE THE TERMS "CONTRABAND", "CRIMINAL GANG", "CRIMINAL GANG MEMBER", "PATTERN OF CRIMINAL GANG ACTIVITY", AND "GANG-RELATED INCIDENT", TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER TO USE OR THREATEN TO USE PHYSICAL VIOLENCE AGAINST ANOTHER PERSON WITH THE INTENT TO COERCE, INDUCE, OR SOLICIT ANOTHER PERSON TO ACTIVELY PARTICIPATE IN CRIMINAL GANG ACTIVITY OR TO PREVENT A PERSON FROM LEAVING A CRIMINAL GANG AND TO PROVIDE PENALTIES, TO PROVIDE AN ADDITIONAL PENALTY FOR COMMITTING THIS OFFENSE WITH A FIREARM OR DEADLY WEAPON, TO PROVIDE AN ADDITIONAL PENALTY IF THE PERSON THREATENED IS UNDER THE AGE OF EIGHTEEN, TO PROVIDE THE PERSON THREATENED HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR CRIMINAL GANG MEMBER, TO PROVIDE IT IS UNLAWFUL FOR A CRIMINAL GANG MEMBER BY THREAT OR FORCE TO PREVENT OR ATTEMPT TO PREVENT A WITNESS OR VICTIM FROM TESTIFYING RELATED TO CRIMINAL GANG ACTIVITY AND TO PROVIDE A PENALTY, TO PROVIDE THAT A PERSON THREATENED PURSUANT TO THIS SECTION HAS A CIVIL CAUSE OF ACTION AGAINST A CRIMINAL GANG OR GANG MEMBER, TO PROVIDE THAT A PRIVATE BUILDING OR PLACE USED BY MEMBERS OF A CRIMINAL GANG TO ENGAGE IN A PATTERN OF CRIMINAL GANG ACTIVITY MAY BE THE SUBJECT OF AN INJUNCTION OR CAUSE OF ACTION FOR ABATEMENT OF A NUISANCE, TO PROVIDE THE PROCEDURE FOR SEEKING AN INJUNCTION OR ABATEMENT OF A NUISANCE, TO PROVIDE FOR A CIVIL CAUSE OF ACTION IN FAVOR OF THE STATE OF SOUTH CAROLINA, A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION, OR AN AGENCY OR INSTRUMENTALITY OF THEM, THAT SUSTAINS ANY DAMAGE, IMPAIRMENT, OR INJURY PROXIMATELY CAUSED BY A PATTERN OF CRIMINAL GANG ACTIVITY, TO PROVIDE A PROCEDURE FOR BRINGING THIS CIVIL CAUSE OF ACTION, TO PROVIDE FOR PROTECTION OF THE IDENTITY OF AN INFORMANT, TO PROVIDE FOR THE SEIZURE OF ANY FIREARM, AMMUNITION, OR DANGEROUS WEAPON IF THE LAW ENFORCEMENT OFFICER REASONABLY BELIEVES IT IS OR WILL BE USED IN A PATTERN OF CRIMINAL GANG ACTIVITY, TO PROVIDE A PROCEDURE FOR SEIZURE OF A FIREARM, AMMUNITION, OR DANGEROUS WEAPON, TO PROVIDE FOR NOTIFICATION OF THE SHERIFF OR CHIEF OF POLICE WHEN A CRIMINAL GANG MEMBER IS RELEASED FROM JAIL, PRISON, OR A CORRECTIONS FACILITY, TO PROVIDE THAT THIS ARTICLE DOES NOT APPLY TO EMPLOYEES LAWFULLY ENGAGED IN COLLECTIVE BARGAINING ACTIVITIES OR THE LAWFUL ACTIVITIES OF LABOR ORGANIZATIONS, TO PROVIDE THE GOVERNING BODY OF A COUNTY, MUNICIPALITY, OR ANOTHER POLITICAL SUBDIVISION OF THE STATE MAY ADOPT AND ENFORCE ORDINANCES CONSISTENT WITH THIS ARTICLE, TO REQUIRE THE STATE LAW ENFORCEMENT DIVISION TO INCLUDE THE VIOLENT GANG TERRORIST ORGANIZATION FILE AMONG THE NATIONAL CRIME INFORMATION CENTER DATA AVAILABLE FOR DIRECT ACCESS BY CRIMINAL JUSTICE AGENCIES, AND TO REQUIRE STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT AGENCIES TO MAINTAIN A RECORD OF ALL PERSONS WHO ARE FOUND TO BE CRIMINAL GANG MEMBERS IN THE VIOLENT GANG AND TERRORIST ORGANIZATION FILE.
Referred to Committee on Judiciary
H. 3120 (Word version) -- Rep. Govan: A BILL TO AMEND SECTION 2-19-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMISSION FROM TEN TO ELEVEN AND TO PROVIDE THAT THE GOVERNOR SHALL APPOINT FIVE MEMBERS, THE SPEAKER AND THE PRESIDENT PRO TEMPORE SHALL EACH APPOINT ONE MEMBER, THE HOUSE MAJORITY LEADER AND THE SENATE MAJORITY LEADER SHALL EACH APPOINT ONE MEMBER, AND THE HOUSE MINORITY LEADER AND THE SENATE MINORITY LEADER SHALL EACH APPOINT ONE MEMBER; AND TO AMEND SECTIONS 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, ALL RELATING TO THE JUDICIAL MERIT SELECTION COMMISSION, ALL SO AS TO CHANGE THE COMMISSION'S PROCESS FOR NOMINATING JUDICIAL CANDIDATES FROM THE NOMINATION OF THREE CANDIDATES TO THE RELEASE OF A LIST OF ALL QUALIFIED CANDIDATES TO THE GENERAL ASSEMBLY AND TO PROVIDE FURTHER CONFORMING CHANGES.
Referred to Committee on Judiciary
H. 3121 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-110 SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES REVIEW MEDICAID REIMBURSEMENT RATES ANNUALLY AND ADJUST THESE RATES TO EQUAL AT LEAST NINETY PERCENT OF MEDICARE REIMBURSEMENT RATES FOR LIKE SERVICES.
Referred to Committee on Ways and Means
H. 3124 (Word version) -- Reps. J. Brown, Clyburn and Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1980 SO AS TO PROVIDE THAT A LOCAL JURISDICTION MAY ESTABLISH A CITIZENS HANDICAPPED PARKING ENFORCEMENT PROGRAM, TO PROVIDE THE QUALIFICATIONS A PERSON MUST POSSESS TO SERVE IN THE PROGRAM, AND TO PROVIDE THE DUTIES AND RESPONSIBILITIES OF BOTH THE AGENCY THAT ESTABLISHES THE PROGRAM AND THE PROGRAM'S PARTICIPANTS; TO AMEND SECTION 56-3-1970, AS AMENDED, RELATING TO PARKING ILLEGALLY IN A HANDICAPPED PARKING SPACE, SO AS TO PROVIDE THAT A HANDICAPPED PARKING SPACE MUST BE DESIGNATED BY A SIGN OF A CERTAIN HEIGHT BEARING THE SYMBOL FOR A HANDICAPPED PARKING SPACE, TO PROVIDE THAT IT IS UNLAWFUL TO FILE A FALSE APPLICATION TO OBTAIN A HANDICAPPED LICENSE PLATE OR PLACARD, AND TO PROVIDE THAT IT IS UNLAWFUL TO DUPLICATE, FORGE, OR SELL A HANDICAPPED LICENSE PLATE OR PLACARD; TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW LAW ENFORCEMENT OFFICERS TO ISSUE A UNIFORM PARKING VIOLATION TICKET TO AN OPERATOR OF A MOTOR VEHICLE; AND TO AMEND SECTION 56-3-1972, AS AMENDED, RELATING TO THE UNIFORM PARKING VIOLATIONS TICKET, SO AS TO PROVIDE THAT IT MUST BE ISSUED TO THE OPERATOR OF A MOTOR VEHICLE OR PLACED UPON A VEHICLE THAT HAS VIOLATED A PARKING PROVISION.
Referred to Committee on Education and Public Works
H. 3125 (Word version) -- Reps. Harrison and Toole: A BILL TO AMEND SECTION 34-11-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO DRAWING AND UTTERING A FRAUDULENT CHECK, DRAFT, OR OTHER WRITTEN ORDER, SO AS TO REQUIRE THAT THE ITEM BE POSTED ON ITS FACE WITH THE DATE IT IS RECEIVED AND TO REQUIRE THAT A WARRANT BE ISSUED ON THE FRAUDULENT ITEM WITHIN ONE HUNDRED EIGHTY DAYS OF THE RECEIPT DATE, NOT COUNTING THE TIME IT IS IN THE POSSESSION OF THE MAGISTRATE PENDING ISSUANCE OF THE WARRANT.
Referred to Committee on Judiciary
H. 3126 (Word version) -- Reps. Duncan and Rice: A BILL TO AMEND SECTION 56-3-1250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, CONTENT, POSSESSION, AND DISPLAY OF A VEHICLE REGISTRATION CARD, AND THE PENALTY FOR THE FAILURE OF THE OWNER OF A VEHICLE TO SIGN THE VEHICLE'S REGISTRATION CARD, SO AS TO DELETE THE PROVISION THAT REQUIRES A VEHICLE OWNER TO SIGN THE VEHICLE'S REGISTRATION CARD AND THE PENALTY FOR THE FAILURE OF THE OWNER OF A VEHICLE TO SIGN THE VEHICLE'S REGISTRATION CARD.
Referred to Committee on Education and Public Works
H. 3127 (Word version) -- Reps. W. D. Smith and Leach: A BILL TO AMEND SECTION 9-11-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPTION ALLOWED PROBATE JUDGES TO PARTICIPATE IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO EXTEND THIS OPTION TO ASSISTANT SOLICITORS AND TO CLARIFY A REFERENCE.
Referred to Committee on Ways and Means
H. 3129 (Word version) -- Reps. Harrell, Barfield, Young, Clyburn, Simrill and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 3130 (Word version) -- Reps. Scarborough, Harrell and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, CHAPTER 18, TITLE 41, TO ENACT THE "SOUTH CAROLINA RIDER SAFETY ACT" SO AS TO REQUIRE RIDERS OF AMUSEMENT AND CARNIVAL DEVICES TO COMPLY WITH CERTAIN SAFETY REQUIREMENTS, TO REPORT INJURIES IN A TIMELY MANNER, TO REQUIRE OWNERS OF SUCH DEVICES TO POST SIGNS RELATING TO RIDER SAFETY, AND TO ESTABLISH A MISDEMEANOR FOR VIOLATIONS OF THIS ARTICLE; AND TO DESIGNATE SECTIONS 41-18-10 THROUGH 41-18-150 AS ARTICLE 1, CHAPTER 18, TITLE 41, AND TO NAME THAT ARTICLE "GENERAL PROVISIONS".
Referred to Committee on Labor, Commerce and Industry
H. 3131 (Word version) -- Reps. Scarborough, E. H. Pitts and Rice: A BILL TO AMEND SECTION 50-23-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR PERSONAL PROPERTY TAXES ON A WATERCRAFT AND OUTBOARD MOTOR TO BE CURRENT BEFORE THE TITLE TO THESE ITEMS MAY BE TRANSFERRED, SO AS TO PROVIDE THAT THIS PROHIBITION ON THE TRANSFER OF TITLE APPLIES ONLY FOR PROPERTY TAXES DUE FOR PROPERTY TAXES FOR PROPERTY TAX YEARS BEGINNING AFTER 1999 AND TO ELIMINATE UNNECESSARY LANGUAGE AND MAKE TECHNICAL CHANGES, TO PROVIDE THAT USED WATERCRAFT AND USED OUTBOARD MOTORS OBTAINED FROM A LICENSED DEALER ON OR AFTER OCTOBER 3, 2000, ARE FREE OF THE LIEN FOR THE PAYMENT OF PROPERTY TAXES FOR PROPERTY TAX YEARS BEFORE 2000, AND TO PROVIDE THAT NO REFUNDS OF PROPERTY TAXES ON WATERCRAFT AND OUTBOARD MOTORS ARE PAYABLE FOR PROPERTY TAX YEARS BEFORE 2000 PURSUANT TO THE PROVISIONS OF THIS ACT; AND TO REPEAL ACT 451 OF 2002 RELATING TO TRANSFER OF TITLES TO WATERCRAFT IN LEXINGTON COUNTY.
Referred to Committee on Ways and Means
H. 3132 (Word version) -- Rep. Coleman: A BILL TO AMEND SECTIONS 44-61-120, AS AMENDED, 44-61-130, AS AMENDED, AND 44-61-330 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO EMERGENCY MEDICAL SERVICES, SO AS TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE IN A COMPREHENSIVE STATEWIDE EMERGENCY MEDICAL SERVICES PLAN; TO AUTHORIZE EMERGENCY MEDICAL TECHNICIANS TO POSSESS EPINEPHRINE; AND TO REQUIRE GUIDELINES FOR THE ADMINISTRATION OF EPINEPHRINE TO A CHILD SUFFERING FROM A SEVERE ALLERGIC REACTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3133 (Word version) -- Reps. Delleney, Harrison, Altman, Simrill, Taylor, Vaughn, Davenport, Sandifer, Barfield, Owens, E. H. Pitts, Rice, Clark, Walker and Toole: A JOINT RESOLUTION TO PROPOSE AN AMENDMENT TO ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MISCELLANEOUS MATTERS, BY ADDING SECTION 15, SO AS TO PROVIDE THAT MARRIAGE IS EXCLUSIVELY DEFINED AS THE UNION BETWEEN ONE MAN AND ONE WOMAN.
Referred to Committee on Judiciary
H. 3134 (Word version) -- Rep. Umphlett: A JOINT RESOLUTION TO IMPOSE AN ADDITIONAL MOTOR FUELS USER FEE AND ROAD TAX ON MOTOR CARRIERS EQUAL TO SIX CENTS A GALLON, BEGINNING JULY 1, 2005, THROUGH JUNE 30, 2012, TO PROVIDE FOR THE ADMINISTRATION, COLLECTION, AND ENFORCEMENT OF THIS ADDITIONAL USER FEE AND ROAD TAX, AND TO PROVIDE THAT REVENUE OF THIS ADDITIONAL FEE AND TAX MUST BE CREDITED TO THE STATE HIGHWAY FUND AND USED SOLELY FOR THE PURPOSE OF MAINTENANCE OF ROADS IN THE STATE HIGHWAY SYSTEM THAT ARE MORE THAN TEN YEARS OLD AT THE TIME THE MAINTENANCE PROJECT BEGINS.
Referred to Committee on Ways and Means
H. 3135 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-665 SO AS TO PROVIDE THAT AN ABSENCE FROM WORK BY A STATE EMPLOYEE SOLELY DUE TO A WORKPLACE CLOSING OR STAFFING REDUCTION ORDERED BY THE GOVERNOR IN THE DECLARATION OF A STATE OF EMERGENCY IS NOT CONSIDERED AN ABSENCE FOR PURPOSES OF ANNUAL OR OTHER CATEGORIES OF LEAVE ALLOWED STATE EMPLOYEES.
Referred to Committee on Ways and Means
H. 3136 (Word version) -- Reps. Littlejohn, Vaughn and Taylor: A BILL TO AMEND CHAPTER 20 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAW ENFORCEMENT ASSISTANCE AND SUPPORT, SO AS TO DESIGNATE SECTIONS 23-20-10 THROUGH 23-20-60 AS ARTICLE 1 OF THE CHAPTER TO BE ENTITLED THE "LAW ENFORCEMENT ASSISTANCE AND SUPPORT ACT"; AND BY ADDING ARTICLE 3 SO AS TO ENACT "THE ILLEGAL ALIEN ENFORCEMENT ACT" AND PROVIDE THAT, TO THE EXTENT PERMITTED BY FEDERAL LAW, ALL STATE, COUNTY, AND MUNICIPAL LAW ENFORCEMENT OFFICIALS IN THIS STATE, AND ANY OTHER PERSON HAVING THE POWER OF ARREST IN THIS STATE, ARE AUTHORIZED TO ARREST AND DETAIN AN INDIVIDUAL FOR A CRIMINAL VIOLATION OF THE FEDERAL IMMIGRATION AND NATIONALITY ACT AND ANY FEDERAL LAW RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES; TO PROVIDE CERTAIN LIMITATIONS ON THE EXERCISE OF THE AUTHORITY TO ARREST AND DETAIN CERTAIN ILLEGAL ALIENS GRANTED BY THIS ARTICLE; AND TO PROVIDE THAT THIS ARTICLE MUST BE CONSTRUED CONSISTENT WITH THE PURPOSE OF AUTHORIZING THE ARREST AND DETENTION OF CERTAIN ALIENS ILLEGALLY PRESENT IN THE UNITED STATES INCIDENT TO ENFORCEMENT OF THE FEDERAL IMMIGRATION AND NATURALIZATION ACT AND FEDERAL LAWS RELATING TO ALIENS ILLEGALLY PRESENT IN THE UNITED STATES.
Referred to Committee on Judiciary
H. 3137 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 4-10-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPOSITION OF AND EXEMPTIONS FROM THE LOCAL SALES AND USE TAX, SO AS TO EXTEND THE IMPOSITION OF THIS TAX TO MOTOR FUELS SUBJECT TO THE STATE MOTOR FUEL USER FEE AND TO PROVIDE FOR THE DISTRIBUTION AND USE OF LOCAL SALES AND USE TAX REVENUE ON MOTOR FUEL.
Referred to Committee on Ways and Means
H. 3138 (Word version) -- Reps. Scarborough, Brady, Haley and Toole: A BILL TO AMEND SECTION 16-17-500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMINAL OFFENSE OF SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS FOR EACH VIOLATION AND TO PROVIDE THAT ONE-HALF OF THE FINE MUST BE REMITTED FOR USE BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL'S YOUTH SMOKING PREVENTION PLAN.
Referred to Committee on Judiciary
H. 3139 (Word version) -- Rep. Bowers: A BILL TO AMEND SECTION 50-5-1705, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CATCH LIMITS FOR CERTAIN SALTWATER FISH, SO AS TO CHANGE THE CATCH LIMIT FOR RED DRUM FROM TWO TO FIVE IN ANY ONE DAY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3140 (Word version) -- Reps. Altman, G. R. Smith, Coates, Barfield, Viers, Mahaffey and Sandifer: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT ANY ATTEMPTED UNION BETWEEN PERSONS OF THE SAME SEX IS VOID, TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAS NO LEGAL FORCE OR EFFECT IN THIS STATE OR ITS POLITICAL SUBDIVISIONS; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST THE STRONG PUBLIC POLICY OF THIS STATE AND ITS POLITICAL SUBDIVISIONS TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS; TO PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE OR ITS POLITICAL SUBDIVISIONS THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS IS VOID; TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE; AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE OR ITS POLITICAL SUBDIVISIONS.
Referred to Committee on Judiciary
H. 3141 (Word version) -- Rep. Scarborough: A BILL TO AMEND SECTION 1-23-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGENCY PROCEDURES FOR PROMULGATING REGULATIONS, SO AS TO INCLUDE CERTAIN REQUIREMENTS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 1-23-120, AS AMENDED, RELATING TO GENERAL ASSEMBLY REVIEW OF REGULATIONS, SO AS TO REVISE PROCEDURES GOVERNING THIS REVIEW BY, AMONG OTHER THINGS, REQUIRING AGENCIES TO STRIKE THROUGH TEXT BEING DELETED FROM EXISTING REGULATIONS AND TO UNDERLINE TEXT BEING ADDED, REQUIRING LEGISLATIVE COUNCIL TO NOTIFY ALL MEMBERS OF THE GENERAL ASSEMBLY WHEN REGULATIONS ARE SUBMITTED FOR REVIEW, PROVIDING THAT A REGULATION IS DEEMED WITHDRAWN IF IT HAS NOT BECOME EFFECTIVE BY THE END OF THE TWO-YEAR LEGISLATIVE SESSION DURING WHICH THE REGULATION WAS SUBMITTED FOR REVIEW AND TO PROVIDE EXPEDITED PROCEDURES FOR SUBMITTING THE SAME REGULATION FOR LEGISLATIVE REVIEW IN THE NEXT SESSION, AND DELETING PROVISIONS REQUIRING AGENCIES TO CONDUCT FORMAL REVIEWS OF ITS REGULATIONS EVERY FIVE YEARS; TO AMEND SECTION 1-23-125, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE GENERAL ASSEMBLY REPEALING OR AMENDING REGULATIONS, SO AS TO DELETE DUPLICATIVE PROVISIONS AND TO INCLUDE PROVISIONS PROVIDED FOR ELSEWHERE IN THE ADMINISTRATIVE PROCEDURES ACT; AND TO ADD SECTION 1-23-121 SO AS TO PROVIDE THAT AN AGENCY MAY NOT ESTABLISH, MODIFY, OR INCREASE A FEE UNLESS AUTHORIZED BY LAW OR THROUGH REGULATION.
Referred to Committee on Judiciary
H. 3142 (Word version) -- Reps. White, Davenport and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 33, TITLE 40 SO AS TO ENACT THE NURSE LICENSURE COMPACT WHICH ENTERS SOUTH CAROLINA INTO A MULTI-STATE NURSE LICENSURE COMPACT TO PROVIDE FOR THE RECIPROCAL PRACTICE OF NURSING AMONG THE STATES THAT ARE PARTIES TO THE COMPACT; TO PROVIDE FOR THE STANDARDS AND PROCEDURES THAT APPLY TO PRACTICING NURSING IN OTHER STATES PURSUANT TO THE COMPACT; TO PROVIDE FOR A COORDINATED LICENSURE INFORMATION SYSTEM FOR SHARING DATA AMONG THE COMPACT STATES AND TO PROVIDE PROCEDURES FOR DISPUTE RESOLUTION AND DISCIPLINARY ACTION; AND TO FURTHER PROVIDE FOR THE REGULATION OF NURSES LICENSED IN STATES THAT ARE PARTIES TO THE COMPACT; AND TO ADD SECTION 40-33-525 SO AS TO REQUIRE, BEGINNING JANUARY 1, 2007, FOREIGN-EDUCATED APPLICANTS FOR LICENSURE AS A REGISTERED NURSE TO PASS THE NATIONAL COUNCIL LICENSURE EXAMINATION AND AN ENGLISH LANGUAGE PROFICIENCY TEST.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3143 (Word version) -- Reps. Cobb-Hunter, Leach, E. H. Pitts and Clyburn: A BILL TO ENACT THE "PROTECT OUR WOMEN IN EVERY RELATIONSHIP (POWER) ACT" BY AMENDING THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-1-240 SO AS TO REQUIRE MAGISTRATES, FAMILY COURT JUDGES, AND CIRCUIT COURT JUDGES TO RECEIVE CONTINUING EDUCATION ANNUALLY ON DOMESTIC VIOLENCE; TO AMEND SECTION 20-3-10, RELATING TO GROUNDS FOR DIVORCE, SO AS TO FURTHER SPECIFY THAT PHYSICAL CRUELTY INCLUDES PHYSICAL VIOLENCE AND CONDUCT THAT ENDANGERS ONE'S PHYSICAL OR PSYCHOLOGICAL WELL-BEING; TO AMEND SECTION 22-5-530, AS AMENDED, RELATING TO ALLOWING DEFENDANTS IN CERTAIN CASES TO DEPOSIT A SUM OF MONEY WITH THE MAGISTRATE OR MUNICIPAL COURT IN LIEU OF POSTING A RECOGNIZANCE BOND, SO AS TO REQUIRE INDIVIDUALIZED HEARINGS IN CASES WHERE THE ACCUSED MAY POSE A THREAT TO THE PUBLIC OR TO AN INDIVIDUAL VICTIM; TO ADD SECTION 16-25-75 SO AS TO REQUIRE THE COURT TO MAKE SPECIFIC FINDINGS OF FACT REGARDING THE NATURE AND EXTENT OF A CRIMINAL DOMESTIC VIOLENCE OFFENSE BEFORE RELEASING THE DEFENDANT ON BOND OR SUSPENDING THE SENTENCE; TO ADD SECTION 16-25-67 SO AS TO PROVIDE THAT A CRIMINAL DOMESTIC VIOLENCE CHARGE MAY NOT BE DROPPED AGAINST A PERSON IF THE VICTIM OR VICTIM'S ATTORNEY IS NOT PRESENT AT THE HEARING; TO AMEND SECTION 20-4-40, AS AMENDED, RELATING TO PETITIONS FOR ORDERS OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE THAT IF A DIVORCE OR SEPARATE SUPPORT AND MAINTENANCE ACTION IS FILED AND A PETITION FOR AN ORDER OF PROTECTION IS FILED, THE ORDER FOR PROTECTION MUST BE INDEPENDENTLY PROCESSED, TO PROHIBIT ISSUANCE OF MUTUAL RESTRAINING ORDERS, TO AUTHORIZE SPECIAL NO FAULT PROTECTION ORDERS AGAINST VICTIMS, AND TO REQUIRE THE ORDER TO INFORM THE RESPONDENT OF THE RIGHT TO REQUEST A HEARING IF THE ORDER IS AUTOMATICALLY EXTENDED BY THE FILING OF AN AFFIDAVIT; TO ADD SECTION 23-1-240 SO AS TO REQUIRE A LAW ENFORCEMENT OFFICER EMPLOYED BY THE STATE OR A SUBDIVISION OF THE STATE WHO IS CONVICTED OF CRIMINAL DOMESTIC VIOLENCE TO BE TERMINATED FROM SUCH EMPLOYMENT; TO AMEND SECTION 17-22-50, AS AMENDED, RELATING TO PERSONS PROHIBITED FROM PARTICIPATING IN PRETRIAL INTERVENTION, SO AS TO INCLUDE A PERSON CHARGED WITH CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO PROHIBIT A PERSON CHARGED WITH SUCH AN OFFENSE FROM PLEADING TO ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE UNLESS AUTHORIZED BY THE COURT; TO AMEND SECTIONS 22-5-910, AS AMENDED, 22-5-920, AND 20-7-8525, ALL RELATING TO EXPUNGEMENT OF CRIMINAL RECORDS, SO AS TO PROHIBIT EXPUNGEMENT OF SUCH RECORDS FOR CRIMINAL DOMESTIC VIOLENCE OFFENDERS CONVICTED IN MAGISTRATE'S COURT OR MUNICIPAL COURT, FOR SUCH OFFENSES COMMITTED BY YOUTHFUL OFFENDERS, AND FOR SUCH OFFENSES COMMITTED BY JUVENILES; TO AMEND SECTION 56-7-15, RELATING TO EFFECTING AN ARREST FOR CRIMINAL DOMESTIC VIOLENCE, SO AS TO REQUIRE LAW ENFORCEMENT TO FILE AN INCIDENT REPORT AND TO PROHIBIT THE USE OF UNIFORM TRAFFIC TICKETS TO EFFECT SUCH AN ARREST; TO AMEND SECTION 20-4-60, RELATING TO MUTUAL ORDERS OF PROTECTION FROM DOMESTIC ABUSE, SO AS TO PROHIBIT ISSUANCE OF SUCH ORDERS, TO PROVIDE THAT AN ORDER OF PROTECTION MAY NOT BE ISSUED AGAINST A PERSON NOT CHARGED WITH DOMESTIC VIOLENCE, AND TO SPECIFY CIRCUMSTANCES FOR ISSUING A RESTRAINING ORDER TO PROTECT A VICTIM FROM FURTHER ABUSE; TO AMEND SECTION 20-4-70, AS AMENDED, RELATING TO THE TERMS AND CONDITIONS OF ORDERS OF PROTECTION FROM DOMESTIC VIOLENCE, SO AS TO PROVIDE FOR AN AUTOMATIC SIX MONTH EXTENSION UPON THE FILING OF AN AFFIDAVIT SEEKING AN EXTENSION AND TO PROVIDE NOTICE AND AN OPPORTUNITY FOR A HEARING; TO AMEND SECTION 20-4-40, RELATING TO CONDITIONS AND PROCEDURES FOR ISSUING ORDERS OF PROTECTION, SO AS TO PROVIDE THAT A HEARING MAY BE REQUESTED IF SUCH AN ORDER IS EXTENDED BY THE FILING OF AN AFFIDAVIT; TO AMEND SECTION 16-25-20, AS AMENDED, RELATING TO PENALTIES FOR CRIMINAL DOMESTIC VIOLENCE OFFENSES, SO AS TO REVISE FINES AND TERMS OF IMPRISONMENT, TO REQUIRE A MANDATORY MINIMUM THIRTY-DAY SENTENCE FOR SECOND OFFENSES, WHICH MAY BE SERVED ON WEEKENDS OR AT NIGHT, TO INCREASE FROM NINETY DAYS TO ONE HUNDRED TWENTY DAYS THE MINIMUM SENTENCE FOR A THIRD OFFENSE, TO PROHIBIT A PERSON CHARGED WITH CRIMINAL DOMESTIC VIOLENCE FROM PLEADING GUILTY TO SIMPLE ASSAULT UNLESS AUTHORIZED BY THE COURT, AND TO PROVIDE THAT VIOLATIONS OF CERTAIN CITY AND COUNTY DOMESTIC VIOLENCE ORDINANCES ARE CONSIDERED VIOLATIONS OF SECTION 16-25-20; TO AMEND SECTION 16-25-65, AS AMENDED, RELATING TO CRIMINAL DOMESTIC VIOLENCE OF A HIGH AND AGGRAVATED NATURE, SO AS TO ESTABLISH A MINIMUM ONE YEAR SENTENCE, TO PROHIBIT A PERSON CHARGED WITH SUCH AN OFFENSE FROM PLEADING GUILTY TO ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE UNLESS AUTHORIZED BY THE COURT, AND TO PROVIDE THAT VIOLATIONS OF CERTAIN CITY AND COUNTY DOMESTIC VIOLENCE ORDINANCES ARE CONSIDERED VIOLATIONS OF SECTION 16-25-65; TO ADD SECTION 16-25-95 SO AS TO ESTABLISH A FELONY FOR POSSESSION OF A FIREARM BY A PERSON WHO HAS BEEN CONVICTED OF CRIMINAL DOMESTIC VIOLENCE; AND TO ADD SECTION 20-4-63, SO AS TO PROVIDE THAT A PERSON FILING A PETITION SEEKING AN ORDER FOR PROTECTION FROM DOMESTIC ABUSE IS NOT REQUIRED TO PAY THE FILING FEE REQUIRED IN CIVIL ACTIONS.
Referred to Committee on Judiciary
H. 3144 (Word version) -- Reps. J. Brown and Vaughn: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES AND USE TAX EXEMPTIONS, SO AS TO EXEMPT PRESCRIPTION EYEGLASS LENSES AND RAW MATERIALS USED IN THE FABRICATION OF SUCH LENSES AND TO PROVIDE THAT THIS EXEMPTION DOES NOT EXTEND TO EYEGLASS FRAMES.
Referred to Committee on Ways and Means
H. 3145 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1961 SO AS TO PROVIDE THAT A HANDICAPPED PARKING SPACE IS AVAILABLE FOR USE BY A PERSON AUTHORIZED TO USE A HANDICAPPED PLACARD AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works
H. 3146 (Word version) -- Rep. J. Brown: A BILL TO AMEND SECTION 45-9-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUAL ENJOYMENT OF A PLACE OF PUBLIC ACCOMMODATION, SO AS TO PROVIDE THAT A PLACE OF PUBLIC ACCOMMODATION MAY NOT DISCRIMINATE AGAINST A PERSON BASED ON THE OWNERSHIP OR OPERATION OF A MOTORCYCLE OR THE WEARING OF CLOTHING ASSOCIATED WITH MOTORCYCLES, EXCEPT WHEN THE CLOTHING IS OBSCENE.
Referred to Committee on Judiciary
H. 3147 (Word version) -- Reps. J. Brown and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-33-116 SO AS TO PROVIDE THAT, BEGINNING NO LATER THAN AGE SIXTEEN, A SPECIAL EDUCATION STUDENT WHO GRADUATES FROM HIGH SCHOOL BY DIPLOMA OR ATTENDANCE CERTIFICATE OR WHO OTHERWISE EXITS THE PUBLIC SCHOOL SYSTEM AFTER ENTERING HIGH SCHOOL MUST BE PROVIDED AN INDIVIDUAL TRANSITION PLAN, OUTLINING TRANSITION SERVICES TO ASSURE THAT THIS STUDENT HAS ADEQUATE INFORMATION, ACCESS TO ADULT SERVICE AGENCIES, AND A STATEMENT OF INTERAGENCY RESPONSIBILITIES OR LINKAGES FOR OBTAINING APPROPRIATE ASSISTIVE TECHNOLOGY DEVICES AND SERVICES AFTER HE EXITS THE PUBLIC SCHOOL SYSTEM.
Referred to Committee on Education and Public Works
H. 3148 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-26-45 SO AS TO PROVIDE THAT A MINIMUM OF ONE CREDIT HOUR IN ASSISTIVE TECHNOLOGY TRAINING MUST BE INCLUDED IN THE RECERTIFICATION REQUIREMENTS FOR SPECIAL EDUCATION TEACHERS AND ADMINISTRATORS.
Referred to Committee on Education and Public Works
H. 3149 (Word version) -- Rep. J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-1-105 SO AS TO REQUIRE, WITH CERTAIN LIMITATIONS, THAT AN EMPLOYER GRANT LEAVE UP TO TWELVE HOURS A YEAR TO AN EMPLOYEE TO ATTEND SCHOOL OR DAYCARE CONFERENCES OR ACTIVITIES, TO REQUIRE VERIFICATION OF ATTENDANCE, AND TO PROVIDE THAT THE EMPLOYER IS NOT REQUIRED TO PAY THE EMPLOYEE FOR THE TIME TAKEN.
Referred to Committee on Labor, Commerce and Industry
H. 3150 (Word version) -- Reps. Rice, Clyburn, Littlejohn, E. H. Pitts, Simrill, Loftis, Chellis, Martin, Herbkersman, J. R. Smith, Taylor, G. R. Smith, Vaughn, Harrison, Davenport, Young, Owens, Kirsh, Leach, Brady, Walker, Haley and Toole: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 24 SO AS TO ESTABLISH THE SOUTH CAROLINA SUNSET COMMISSION AND A SUNSET REVIEW DIVISION OF THE LEGISLATIVE AUDIT COUNCIL, TO ESTABLISH PROCEDURES PROVIDING FOR THE MANNER IN WHICH THE PROGRAMS OF CERTAIN AGENCIES AND DEPARTMENTS OF STATE GOVERNMENT MUST BE EVALUATED TO DETERMINE IF THEY SHOULD BE CONTINUED IN EXISTENCE, MODIFIED, OR TERMINATED, AND TO ESTABLISH THE PROCEDURES BY
WHICH THESE PROGRAMS MUST BE CONTINUED, MODIFIED, OR TERMINATED.
Referred to Committee on Ways and Means
H. 3151 (Word version) -- Rep. Cobb-Hunter: A BILL TO AMEND SECTION 1-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ACQUISITION AND DISPOSAL OF VEHICLES IN THE STATE FLEET, SO AS TO REQUIRE FIRST PRIORITY FOR PURCHASE OF PASSENGER VEHICLES BEING DISPOSED OF TO HEADS OF HOUSEHOLDS RECEIVING AID TO FAMILIES WITH DEPENDENT CHILDREN (AFDC), OR TEMPORARY ASSISTANCE TO NEEDY FAMILIES (TANF) OR TO PUBLIC OR PRIVATE NONPROFIT AGENCIES WORKING WITH FAMILIES RECEIVING AFDC OR TANF FOR THE PURPOSE OF ASSISTING THESE FAMILIES IN BECOMING SELF-SUFFICIENT.
Referred to Committee on Education and Public Works
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey and Sandifer: A BILL TO AMEND CHAPTER 62 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, SO AS TO INCLUDE AN EXEMPTION FROM LOCAL, AS WELL AS STATE, SALES AND USE TAXES, TO DEFINE "EMPLOYEE" FOR PURPOSES OF A FIVE PERCENT REBATE ON ALL TAXABLE WAGES PAID IN CONNECTION WITH AN EMPLOYEE'S WORK ON A MOTION PICTURE AND TO PROVIDE PROCEDURES FOR CLAIMING THE REBATE, TO ALLOW UP TO SEVEN PERCENT OF THE GENERAL FUND PORTION OF ADMISSIONS TAX COLLECTED BY THE STATE AND FUNDED TO THE USE OF THE SOUTH CAROLINA FILM COMMISSION TO BE USED EXCLUSIVELY FOR MARKETING AND SPECIAL EVENTS, AND TO PROVIDE, FURTHER, THAT THE COMMISSION REPORT ANNUALLY TO THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT ON USE OF ALL ITS FUNDS IN A PUBLIC REPORT, ACCESSIBLE ON ITS WEBSITE; TO AMEND SECTION 12-36-920, AS AMENDED, RELATING TO SALES TAX ON GROSS PROCEEDS FROM RENTALS ON LODGINGS, SO AS TO DELETE A REBATE TO A MOTION PICTURE PRODUCTION COMPANY FOR SALES TAX PAID ON ACCOMMODATIONS; TO AMEND SECTION 1-30-25, AS AMENDED, RELATING TO THE DEPARTMENT OF COMMERCE, SO AS TO DELETE A REFERENCE TO THE STATE DEVELOPMENT BOARD; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE STATE SALES AND USE TAX, SO AS TO DELETE THE EXEMPTION FOR THE PROCEEDS OF SALES MADE TO A MOTION PICTURE COMPANY.
Referred to Committee on Ways and Means
H. 3153 (Word version) -- Reps. Harrell, Wilkins, Littlejohn, Young, Kirsh, Bailey, Battle, Rice, Hinson and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-6-60 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR PURPOSES OF INCOME TAX AND CORPORATE LICENSE FEE IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY"; AND BY ADDING SECTION 12-36-2690 SO AS TO PROVIDE FOR DETERMINATION OF A NEXUS WITH THIS STATE FOR SALES AND USE TAX PURPOSES IN CONNECTION WITH A DISTRIBUTION FACILITY AND TO DEFINE "DISTRIBUTION FACILITY".
Referred to Committee on Ways and Means
H. 3154 (Word version) -- Rep. J. Brown: A BILL TO AMEND ARTICLES 1, 3, AND 5, CHAPTER 20, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WITH MENTAL RETARDATION, RELATED DISABILITIES, HEAD INJURIES, AND SPINAL CORD INJURIES, SO AS TO ALSO APPLY THIS CHAPTER TO PERSONS WITH EPILEPSY, TO CONFORM REFERENCES THROUGHOUT THE CHAPTER, TO MAKE TECHNICAL CORRECTIONS, AND TO RENAME CHAPTER 20, TITLE 44 "SOUTH CAROLINA MENTAL RETARDATION, RELATED DISABILITIES, EPILEPSY, HEAD INJURIES, AND SPINAL CORD INJURIES ACT".
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3155 (Word version) -- Reps. Townsend, Wilkins, Walker, Littlejohn, Battle, Clark, Cobb-Hunter, Simrill, Sandifer and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 59 SO AS TO ENACT THE SOUTH CAROLINA EDUCATION AND ECONOMIC DEVELOPMENT ACT WHICH PROVIDES FOR THE DEVELOPMENT OF A CURRICULUM ORGANIZED AROUND A CAREER CLUSTER SYSTEM THAT MUST PROVIDE STUDENTS WITH BOTH STRONG ACADEMICS AND REAL-WORLD PROBLEM-SOLVING SKILLS; TO AMEND SECTION 59-17-135, RELATING TO CHARACTER EDUCATION, SO AS TO FURTHER PROVIDE FOR THE TRAITS WHICH MUST BE INCORPORATED INTO SCHOOL BOARD POLICIES ADDRESSING CHARACTER EDUCATION; TO AMEND SECTION 59-18-900, AS AMENDED, RELATING TO SCHOOL REPORT CARDS, SO AS TO EXPAND THE CONTENT OF THE REPORT CARD TO INCLUDE, DROPOUT REDUCTION DATA; AND TO REPEAL ACT 450 OF 1994 AND SECTION 59-52-95 RELATING TO THE SOUTH CAROLINA SCHOOL-TO-WORK TRANSITION ACT OF 1994.
Referred to Committee on Education and Public Works
H. 3156 (Word version) -- Reps. Harrell, Leach, Bailey, Scarborough and Clark: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, SO AS TO PROVIDE FOR THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT UP TO FIVE MILLION DOLLARS ONLY UPON RESOLUTION OF APPROVAL BY THE STATE BUDGET AND CONTROL BOARD, AND NOT PURSUANT TO OTHER APPROVAL PROCEDURES.
Referred to Committee on Ways and Means
H. 3157 (Word version) -- Reps. Harrell, Chellis, Barfield, Wilkins, G. R. Smith, Leach, Kirsh, Bailey, Battle, Rice, Hinson, Clark, Walker, Cobb-Hunter and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 10 TO CHAPTER 37 OF TITLE 33 SO AS TO ESTABLISH A CAPITAL ACCESS PROGRAM PROVIDING FOR FLEXIBILITY IN THE MAKING OF LOANS BY FINANCIAL INSTITUTIONS TO SMALL BUSINESSES WHO FAIL TO QUALIFY FOR CONVENTIONAL OR OTHER GUARANTEED OR ASSISTED FINANCING, AND TO PROVIDE FOR FUNDING OF A LOAN LOSS RESERVE TO REPAY PARTICIPATING FINANCIAL INSTITUTIONS WHO SUFFER A LOSS ON A LOAN, ADMINISTRATION OF THE PROGRAM BY BUSINESS DEVELOPMENT CORPORATION OF SOUTH CAROLINA, GUIDELINES FOR SELECTING LOAN RECIPIENTS, RECORDKEEPING AND REPORTING, AND DISTRIBUTION OF RESERVE FUNDS UPON TERMINATION OF INSTITUTIONAL PARTICIPATION OR THE CAPITAL ACCESS PROGRAM ITSELF; TO AMEND SECTION 33-37-460, AS AMENDED, RELATING TO LIMITATIONS ON A LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE FOR A REFERENCE TO THE LOAN CALL AGREEMENT AND TO DISALLOW A LOAN THAT RESULTS IN OBLIGATIONS THAT EXCEED TEN TIMES THE GREATER OF THE NET WORTH OF THE CORPORATION OR THE AMOUNT PAID IN ON OUTSTANDING CAPITAL STOCK; AND TO AMEND SECTION 33-37-465, RELATING TO A SHORT-TERM LOAN TO A CORPORATION BY A MEMBER, SO AS TO PROVIDE THAT THE LIMITATIONS AND RESTRICTIONS DO NOT APPLY TO A SHORT-TERM LOAN.
Referred to Committee on Labor, Commerce and Industry
H. 3158 (Word version) -- Reps. Cato, Hinson, Walker, Sandifer, Lee, Clemmons, Cooper, McCraw, Scarborough, Talley, Thompson and White: A BILL TO AMEND CHAPTER 5, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR A PROCEDURE FOR THE ADJUSTMENT OF RATES AND CHARGES OF NATURAL GAS DISTRIBUTION UTILITIES TO REFLECT CHANGES IN EXPENSES, REVENUES, INVESTMENTS, DEPRECIATION, AND OTHER CHANGES IN REVENUES AND EXPENSES, TO PROVIDE PROCEDURES FOR INTERESTED PARTIES TO CHALLENGE THESE ADJUSTMENTS, AND TO PROVIDE FOR RELATED PROCEDURAL MATTERS.
Referred to Committee on Labor, Commerce and Industry
H. 3159 (Word version) -- Reps. M. A. Pitts and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-45 SO AS TO PROVIDE THAT A PERSON MUST BE EXECUTED WITHIN THIRTY DAYS WHEN THE SENTENCING JUDGE CERTIFIES THAT HE IS ABSOLUTELY CERTAIN THAT THE PERSON COMMITTED THE CRIME OF MURDER, AND TO PROVIDE THAT THE TERM ABSOLUTELY CERTAIN INCLUDES BUT IS NOT LIMITED TO A PERSON'S ADMISSION OR CONFESSION OF GUILT.
Referred to Committee on Judiciary
H. 3160 (Word version) -- Reps. M. A. Pitts, Hinson, Walker, Sandifer and Toole: A BILL TO AMEND SECTION 2-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELECTION DATE FOR MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THE ELECTION DATE IS THE TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER OF EVERY OTHER EVEN-NUMBERED YEAR; TO AMEND SECTION 2-1-40, RELATING TO THE TERM OF OFFICE FOR THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THE TERM IS FOUR YEARS; TO ADD SECTION 2-1-70 SO AS TO PROVIDE THAT THE TERM OF OFFICE FOR THE SENATE IS SIX YEARS.
Referred to Committee on Judiciary
H. 3161 (Word version) -- Reps. M. A. Pitts, Hinson, Walker, Sandifer and Toole: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 2, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT BEGINNING IN 2008, MEMBERS OF THE HOUSE OF REPRESENTATIVES MUST BE CHOSEN EVERY FOURTH INSTEAD OF EVERY SECOND YEAR; TO AMEND SECTION 8, ARTICLE III, RELATING TO ELECTION OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT MEMBERS OF THE HOUSE BE ELECTED EVERY FOURTH INSTEAD OF EVERY SECOND YEAR; AND TO AMEND SECTION 6, ARTICLE III, RELATING TO ELECTION OF THE SENATE, SO AS TO PROVIDE THAT BEGINNING IN 2008, MEMBERS OF THE SENATE BE ELECTED EVERY SIXTH INSTEAD OF EVERY FOURTH YEAR.
Referred to Committee on Judiciary
H. 3162 (Word version) -- Reps. Duncan, M. A. Pitts, E. H. Pitts, Taylor, Anthony, W. D. Smith, J. M. Neal, Pinson, Hayes, Jennings, McGee, G. R. Smith, Wilkins, Vaughn, Young, Kirsh, Bailey, Battle, Witherspoon, Ballentine, Hinson, Mahaffey and Toole: A BILL TO ENACT THE "SOUTH CAROLINA SPORTS OFFICIALS AND COACHES PROTECTION ACT" BY ADDING SECTION 16-3-611 TO THE 1976 CODE SO AS TO MAKE IT UNLAWFUL TO COMMIT AN ASSAULT AND BATTERY UPON A SPORTS OFFICIAL OR COACH DURING AND AFTER AN ATHLETIC CONTEST AND TO PROVIDE PENALTIES FOR VIOLATIONS INCLUDING ENHANCED PENALTIES WHEN A WEAPON IS USED IN THE COMMISSION OF THE CRIME OF ASSAULT AND BATTERY UPON A SPORTS OFFICIAL OR COACH.
Referred to Committee on Judiciary
H. 3163 (Word version) -- Reps. M. A. Pitts and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-195 SO AS TO REQUIRE A SURGEON TO CONDUCT A POSTMORTEM EXAMINATION ON A PATIENT WHO DIES DURING A SURGICAL PROCEDURE AND TO FILE A REPORT WITH THE COUNTY CORONER WITHIN SEVENTY-TWO HOURS OF THE PATIENT'S DEATH; AND TO PROVIDE THAT A SURGEON'S LICENSE MUST BE SUSPENDED IF HE OR SHE FAILS TO COMPLY WITH THIS SECTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3164 (Word version) -- Reps. Littlejohn, G. R. Smith, Vaughn, Rice, Witherspoon, Walker and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-45 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY NOT ISSUE CERTAIN MOTOR VEHICLE LICENSES OR A BEGINNER'S PERMIT TO OR RENEW THE DRIVING PRIVILEGE OF A PERSON WHO IS LESS THAN EIGHTEEN YEARS OF AGE AND IS NOT ENROLLED IN SCHOOL OR HAS NOT GRADUATED FROM HIGH SCHOOL, AND TO PROVIDE FOR THE SUSPENSION OF THE PRIVILEGE TO DRIVE OF A PERSON WHO HAS DROPPED OUT OF HIGH SCHOOL.
Referred to Committee on Education and Public Works
H. 3165 (Word version) -- Rep. Umphlett: A BILL TO AMEND SECTION 1-3-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REMOVAL OF STATE OFFICERS BY THE GOVERNOR, SO AS TO ADD TO THE CATEGORY OF THOSE OFFICERS WHO CAN BE REMOVED ONLY FOR CAUSE PERSONS SERVING ON THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY AND THE SOUTH CAROLINA PORTS AUTHORITY, TO AMEND SECTION 58-3-530, RELATING TO THE DUTIES OF THE STATE REGULATION OF PUBLIC UTILITIES REVIEW COMMITTEE, SO AS TO REQUIRE THAT COMMITTEE TO SCREEN CANDIDATES FOR APPOINTMENT TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, AND TO AMEND SECTION 58-31-20, RELATING TO THE BOARD OF DIRECTORS OF THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, SO AS TO PROVIDE ADDITIONAL QUALIFICATIONS FOR THE DIRECTORS OF THE AUTHORITY RELATING TO EXPERIENCE AND EXPERTISE AND METHOD FOR SCREENING CANDIDATES FOR POSSESSION OF THE NECESSARY QUALIFICATIONS AND TO DELETE OBSOLETE PROVISIONS.
Referred to Committee on Judiciary
H. 3166 (Word version) -- Reps. Taylor, Leach, Vaughn, Bailey, Scarborough and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-11-53 SO AS TO REQUIRE THE EXECUTIVE COMMITTEE OF A POLITICAL PARTY TO NAME A REPLACEMENT CANDIDATE AS SOON AS POSSIBLE AND TO PROVIDE IF THE REPLACEMENT CANDIDATE IS NOT NAMED WITHIN THIRTY DAYS, THE PARTY IS PROHIBITED FROM NAMING A REPLACEMENT CANDIDATE FOR THAT OFFICE.
Referred to Committee on Judiciary
H. 3167 (Word version) -- Reps. Vaughn, Ceips, Leach, Davenport, Bailey, Witherspoon and Clark: A BILL TO AMEND SECTION 7-5-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT OF REGISTRATION IN ORDER TO VOTE, SO AS TO PROVIDE THAT A PERSON IS NOT ALLOWED TO VOTE IN A PARTISAN PRIMARY ELECTION OR PARTISAN ADVISORY REFERENDUM UNLESS THE PERSON HAS REGISTERED AS BEING A MEMBER OF THAT PARTY; TO AMEND SECTION 7-5-170, AS AMENDED, RELATING TO THE REQUIREMENTS FOR VOTER REGISTRATION, SO AS TO PROVIDE THE REQUIREMENT OF STATING POLITICAL PARTY AFFILIATION, IF ANY, ON THE FORM AND INCLUDING IT IN THE OATH; AND REQUIRE THE STATE ELECTION COMMISSION TO ASSIST IN CAPTURING THIS DATA; AND TO AMEND SECTION 7-9-20, RELATING TO THE QUALIFICATIONS FOR VOTING IN PRIMARY ELECTIONS, SO AS TO INCLUDE, AS A REQUIREMENT, REGISTERING AS A MEMBER OF THE PARTY AND TO PROVIDE A PROCEDURE FOR CHANGING POLITICAL PARTY AFFILIATION OR NONAFFILIATION AFTER A SELECTION HAS BEEN MADE.
Referred to Committee on Judiciary
H. 3168 (Word version) -- Rep. Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-205 SO AS TO PROVIDE THAT HEALTH INSURANCE POLICIES THAT INCLUDE PRESCRIPTION DRUG BENEFITS MUST COVER MEDICATION THAT IS NOT ON THE POLICY'S APPROVED MEDICATION LIST IF THE INSURED'S PHYSICIAN CERTIFIES THAT THE MEDICATION IS NECESSARY FOR THE TREATMENT OF THE INSURED'S SPECIFIC CONDITION AND THAT NO OTHER MEDICATION ON THE APPROVED LIST IS ACCEPTABLE FOR TREATMENT OF THE INSURED.
Referred to Committee on Labor, Commerce and Industry
H. 3169 (Word version) -- Reps. Littlejohn, Vaughn, Witherspoon, Hinson, Walker and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-65-100 SO AS TO PROVIDE THAT A STUDENT MUST BE ON SCHOOL GROUNDS DURING THE HOURS SCHOOL IS IN SESSION EACH DAY, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES.
Referred to Committee on Education and Public Works
H. 3170 (Word version) -- Reps. Hinson, Young and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-146 SO AS TO PROVIDE THAT A PERSON WHO IS CONVICTED OF A VIOLENT CRIME MUST SURRENDER HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD TO THE COURT WHICH MUST TRANSMIT IT TO THE DEPARTMENT OF MOTOR VEHICLES TOGETHER WITH NOTICE OF THE CRIME, TO PROVIDE THAT THE DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD IS CONSIDERED REVOKED AND MUST NOT BE RETURNED TO THE PERSON UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 56-1-148 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A VIOLENT CRIME MUST HAVE A SPECIAL CODE AFFIXED TO HIS DRIVER'S LICENSE OR SPECIAL IDENTIFICATION CARD THAT IDENTIFIES THE PERSON AS HAVING BEEN CONVICTED OF A VIOLENT CRIME, TO PROVIDE A FEE TO BE CHARGED FOR AFFIXING THE CODE AND FOR ITS DISTRIBUTION, TO PROVIDE THE INTENT FOR AFFIXING THE CODE, AND TO PROVIDE A PROCESS FOR THE REMOVAL OF THE CODE; TO AMEND SECTION 56-1-80, AS AMENDED, RELATING TO THE CONTENTS OF A DRIVER'S LICENSE APPLICATION, SO AS TO PROVIDE THAT THE APPLICATION MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND MUST CONTAIN A LIST OF ALL VIOLENT CRIMES; AND TO AMEND SECTION 56-1-3350, AS AMENDED, RELATING TO THE ISSUANCE OF A SPECIAL IDENTIFICATION CARD BY THE DEPARTMENT OF MOTOR VEHICLES, SO AS TO PROVIDE THAT THE APPLICATION FOR A SPECIAL IDENTIFICATION CARD MUST CONTAIN A STATEMENT TO DETERMINE WHETHER THE APPLICANT HAS BEEN CONVICTED OF A VIOLENT CRIME AND, IF SO, THE CRIME, AND MUST CONTAIN A LIST OF ALL VIOLENT CRIMES.
Referred to Committee on Judiciary
H. 3171 (Word version) -- Reps. M. A. Pitts and Toole: A JOINT RESOLUTION TO ESTABLISH A COMMITTEE TO STUDY THE FEASIBILITY OF CONSOLIDATING ALL STATE LAW ENFORCEMENT AGENCIES INTO ONE AGENCY AND TO ISSUE A REPORT TO THE GOVERNOR, THE SENATE, AND THE HOUSE OF REPRESENTATIVES CONTAINING ITS FINDINGS AND RECOMMENDATIONS.
Referred to Committee on Judiciary
H. 3172 (Word version) -- Reps. Umphlett, Bailey and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-31-115 SO AS TO PROVIDE THAT THE NET REVENUE DERIVED FROM THE SALE OR LEASE OF REAL PROPERTY OR CERTAIN CAPITAL ASSETS OF THE STATE PUBLIC SERVICE AUTHORITY MUST BE USED BY THE AUTHORITY IN PRIORITY ORDER FOR FACILITIES MAINTENANCE, DEBT SERVICE, OR RETIREMENT OF DEBT OBLIGATIONS, AND THEN RATE REDUCTIONS.
Referred to Committee on Ways and Means
H. 3173 (Word version) -- Reps. Harrison, G. R. Smith, Rice, Hinson, Sandifer and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-23-110 SO AS TO PROVIDE THAT A PROVISION AFFECTING A MOTOR CARRIER TRANSPORTATION CONTRACT THAT INDEMNIFIES, DEFENDS, OR HOLDS HARMLESS THE CONTRACT'S PROMISEE FROM OR AGAINST LIABILITY FOR LOSS OR DAMAGE RESULTING FROM THE NEGLIGENCE OR INTENTIONAL ACTS OR OMISSIONS OF THE CONTRACT'S PROMISEE, OR ANY AGENTS, EMPLOYEES, SERVANTS, OR INDEPENDENT CONTRACTORS WHO ARE DIRECTLY RESPONSIBLE TO THE CONTRACT'S PROMISEE IS UNENFORCEABLE, TO DEFINE THE TERM "MOTOR CARRIER TRANSPORTATION CONTRACT", AND TO PROVIDE THAT THIS PROVISION DOES NOT AFFECT A PROVISION, CLAUSE, COVENANT, OR AGREEMENT WHERE THE MOTOR CARRIER INDEMNIFIES OR HOLDS HARMLESS THE CONTRACT'S PROMISEE UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Judiciary
H. 3174 (Word version) -- Reps. W. D. Smith, Wilkins, G. R. Smith, Leach, Vaughn, Simrill, Sandifer and Toole: A BILL TO AMEND SECTIONS 14-7-1110, AS AMENDED, AND 14-7-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO PEREMPTORY CHALLENGES, SO AS TO ALLOW THE PROSECUTION THE SAME NUMBER OF PEREMPTORY CHALLENGES AS THE DEFENSE WHEN THE OFFENSE IS A CLASS A, B, C, OR D OFFENSE, ANOTHER OFFENSE WITH A MAXIMUM PENALTY OF FIFTEEN YEARS OR MORE EXCEPT CAPITAL OFFENSES, NONCAPITAL OFFENSES, AND WHEN CHALLENGING AND STRIKING ALTERNATE JURORS; BY ADDING SECTION 14-7-1122 SO AS TO ALLOW AND PROVIDE A PROCEDURE FOR WRITTEN VOIR DIRE AND TO PROVIDE EXCEPTIONS; BY ADDING SECTION 14-7-1125 SO AS TO REQUIRE A PARTY WHICH IS A GOVERNMENT AGENCY, ENTITY, OR SUBDIVISION OF GOVERNMENT TO MAKE AVAILABLE TO THE OPPOSING PARTY CRIMINAL RECORDS, DRIVING RECORDS, OR OTHER SPECIALIZED JUROR INFORMATION IF THE GOVERNMENT OBTAINED THIS INFORMATION AT THE COMMENCEMENT OF THE JURY VENIRE QUALIFICATION.
Referred to Committee on Judiciary
H. 3175 (Word version) -- Reps. Davenport, Vaughn and Littlejohn: A BILL TO AMEND TITLE 40, CHAPTER 25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF SPECIALIZING IN HEARING AIDS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY, ORGANIZATIONAL, AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF HEARING AID SPECIALISTS, INCLUDING PROVIDING PENALTIES FOR VIOLATIONS, TO DEVOLVE THE POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE "PRACTICE OF SPECIALIZING IN HEARING AIDS ACT" PURSUANT TO CHAPTER 25, TITLE 40 UPON THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROVIDE THAT THE COMMISSION FOR HEARING AID SPECIALISTS SHALL ACT AS A PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD FOR HEARING AID SPECIALISTS WITHIN THE DEPARTMENT OF LABOR, LICENSING AND REGULATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3176 (Word version) -- Reps. Umphlett, Vaughn and Mahaffey: A BILL TO AMEND SECTION 8-1-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICERS NOT CONSIDERED DUAL OFFICEHOLDERS SO AS TO PROVIDE THAT A MUNICIPAL POLICE OFFICER WHO HOLDS A LOCAL OFFICE IN A COUNTY OTHER THAN THE ONE IN WHICH HE EXERCISES LAW ENFORCEMENT RESPONSIBILITY OR A CORRECTIONS OFFICER WHO HOLDS A LOCAL OFFICE IN ANOTHER POLITICAL SUBDIVISION IS NOT CONSIDERED A DUAL OFFICEHOLDER FOR THE PURPOSES OF THE CONSTITUTION OF SOUTH CAROLINA, 1895.
Referred to Committee on Judiciary
H. 3177 (Word version) -- Reps. Bingham and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2925 SO AS TO PROVIDE THAT A PERSON WHO UNINTENTIONALLY CAUSES THE DEATH OF ANOTHER PERSON WHILE VIOLATING CERTAIN STATE LAWS OR LOCAL ORDINANCES IS GUILTY OF A MISDEMEANOR, TO PROVIDE PENALTIES, AND TO DEFINE THE TERM "STATE LAW ORDINANCE WHICH APPLIES TO THE OPERATION OR USE OF THE VEHICLE OR THE REGULATION OF TRAFFIC".
Referred to Committee on Judiciary
H. 3178 (Word version) -- Reps. Bingham, Vaughn, Haley and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF SPECIAL LICENSE PLATES HONORING EACH OF THE COMPONENTS OF THE ARMED SERVICES OF THE UNITED STATES AND TO PROVIDE FOR THE DESIGN OF THE PLATES AND THE DISTRIBUTION OF FEES COLLECTED FROM THE ISSUANCE OF THE LICENSE PLATES.
Referred to Committee on Education and Public Works
H. 3179 (Word version) -- Rep. E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO PROHIBIT THE NAMING OF A BUILDING, PART OF A BUILDING, OR PART OF THE STATE HIGHWAY SYSTEM FOR A STATE OFFICER UNLESS THE PERSON TO BE HONORED HAS NOT OCCUPIED A STATE OFFICE FOR AT LEAST FIVE CONSECUTIVE YEARS BEFORE THE TIME OF THE NAMING AND TO PROVIDE APPLICABLE DEFINITIONS.
Referred to Committee on Education and Public Works
H. 3180 (Word version) -- Reps. Haskins, Leach, Littlejohn, Rice, Hinson, Walker, Sandifer and Toole: A BILL TO AMEND SECTION 20-1-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION OF SAME SEX MARRIAGES, SO AS TO PROVIDE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE AND TO DEFINE MARRIAGE AS A UNION BETWEEN ONE MAN AND ONE WOMAN; AND TO ADD SECTION 20-1-17 SO AS TO PROVIDE THAT IT IS AGAINST PUBLIC POLICY TO EXTEND OR RECOGNIZE STATUTORY BENEFITS OF A LEGAL MARRIAGE TO NONMARITAL RELATIONSHIPS AND TO FURTHER PROVIDE THAT ANY PUBLIC ACT, RECORD, OR JUDICIAL PROCEEDING OF THIS STATE, OR A POLITICAL SUBDIVISION OF THIS STATE, THAT EXTENDS SUCH BENEFITS TO NONMARITAL RELATIONSHIPS HAS NO LEGAL FORCE OR EFFECT IN THIS STATE, TO PROVIDE EXCEPTIONS FOR BENEFITS ENJOYED BY ALL PERSONS, MARRIED OR UNMARRIED, AND FOR PRIVATE AGREEMENTS VALID UNDER THE LAWS OF THIS STATE, AND TO PROVIDE THAT BENEFITS OF A LEGAL MARRIAGE EXTENDED TO NONMARITAL RELATIONSHIPS IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
Referred to Committee on Judiciary
H. 3181 (Word version) -- Reps. McGee, Leach, Vaughn, Littlejohn, Hinson, Clark, Cobb-Hunter, Simrill and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-75 SO AS TO CREATE THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A CHILD AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO THE DEFINITION OF CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE IN THE DEFINITION THE OFFENSE OF CRIMINAL DOMESTIC VIOLENCE IN THE PRESENCE OF A CHILD.
Referred to Committee on Judiciary
H. 3182 (Word version) -- Reps. Taylor, Vaughn, Kirsh and Rice: A BILL TO AMEND SECTION 20-7-8920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF BEER, ALE, WINE, MALT, OR OTHER FERMENTED BEVERAGE, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER THE AGE OF TWENTY-ONE TO ATTEMPT TO PURCHASE SUCH A BEVERAGE AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A PERSON UNDER THE AGE OF TWENTY-ONE ACTING UNDER THE DIRECT SUPERVISION OF A LAW ENFORCEMENT AGENCY; AND TO AMEND SECTION 20-7-8925, AS AMENDED, RELATING TO THE UNLAWFUL PURCHASE OR POSSESSION OF ALCOHOLIC LIQUORS, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON UNDER THE AGE OF TWENTY-ONE TO ATTEMPT TO PURCHASE ALCOHOLIC LIQUORS AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO A PERSON UNDER THE AGE OF TWENTY-ONE ACTING UNDER THE DIRECT SUPERVISION OF A LAW ENFORCEMENT AGENCY.
Referred to Committee on Judiciary
H. 3183 (Word version) -- Reps. Umphlett, Littlejohn, Hinson, Mahaffey and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-225 SO AS TO EXEMPT FROM PROPERTY TAX INCREASES IN VALUE ATTRIBUTABLE TO PERIODIC REASSESSMENT OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ALLOWED THE HOMESTEAD EXEMPTION FOR PERSONS OVER AGE SIXTY-FIVE YEARS OF AGE OR WHO ARE TOTALLY AND PERMANENTLY DISABLED, AND TO PROVIDE FOR THE DURATION OF THIS EXEMPTION.
Referred to Committee on Ways and Means
H. 3184 (Word version) -- Reps. Harrison, G. R. Smith and Whipper: A BILL TO AMEND SECTION 1-23-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICE AND HEARING IN A CONTESTED CASE, SO AS TO PROVIDE THAT THE STANDARD OF PROOF IS BY A PREPONDERANCE OF THE EVIDENCE; TO AMEND SECTIONS 1-23-380, 1-23-390, 1-23-600, ALL AS AMENDED, AND 1-23-610, ALL RELATING TO JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS, SO AS TO PROVIDE THAT JUDICIAL REVIEW OF AN ADMINISTRATIVE DECISION MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE, TO PROVIDE THAT DECISION MAY BE APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS, AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-23-650, AS AMENDED, RELATING TO PROMULGATION OF RULES GOVERNING THE OPERATIONS OF THE ADMINISTRATIVE LAW COURT, SO AS TO PROVIDE RULES OF PROCEDURE FOR THE HEARING OF CONTESTING CASES OR APPEALS BY INDIVIDUAL AGENCIES ARE OF NO FORCE AND EFFECT IN PROCEEDINGS BEFORE AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 14-8-200, AS AMENDED, RELATING TO THE JURISDICTION OF THE COURT OF APPEALS, SO AS TO ADD THAT THE COURT OF APPEALS HAS JURISDICTION OVER ANY CASE IN WHICH AN APPEAL IS TAKEN FROM A FINAL DECISION OF AN AGENCY AND A FINAL DECISION OF AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 8-13-320, RELATING TO AN ORDER OF THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 41-35-750, AS AMENDED, RELATING TO A DECISION OF THE EMPLOYMENT SECURITY COMMISSION, SO AS TO PROVIDE FOR APPEAL WITHIN THIRTY DAYS OF A FINAL DECISION BY THE COMMISSION TO THE SOUTH CAROLINA COURT OF APPEALS AS PROVIDED IN THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTIONS 58-5-330, 58-5-340, 58-5-990, 58-9-1410, AND 58-27-2310, ALL RELATING TO AN ORDER OR DECISION BY THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE FOR APPEAL FROM A FINAL DECISION OF THE COMMISSION TO THE SOUTH CAROLINA SUPREME COURT OR COURT OF APPEALS AS PROVIDED BY STATUTE OR THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 1-13-90, RELATING TO AN ORDER OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 8-17-340, AS AMENDED, RELATING TO A DECISION OF THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SECTION 11-35-4410, AS AMENDED, RELATING TO A DECISION OF THE PROCUREMENT REVIEW PANEL, SECTION 31-21-130, RELATING TO A DECISION OF THE HUMAN AFFAIRS COMMISSION, SECTION 33-56-140, AS AMENDED, RELATING TO THE SECRETARY OF STATE BRINGING AN ACTION TO ENJOIN A CHARITY FROM CONTINUING A VIOLATION OF THE SOLICITATION OF CHARITABLE FUNDS ACT, SECTIONS 35-1-1310, 35-1-1320, AND 35-1-1330, ALL AS AMENDED, ALL RELATING TO AN ORDER BY THE SECURITIES COMMISSIONER, SECTION 39-37-100, AS AMENDED, RELATING TO A DECISION OF THE DEPARTMENT OF AGRICULTURE, SECTION 43-25-90, RELATING TO A DECISION OF THE COMMISSION FOR THE BLIND, SECTION 45-9-75, RELATING TO A DETERMINATION BY A PANEL OF THE STATE HUMAN AFFAIRS COMMISSION, SECTION 46-3-220, RELATING TO AN ORDER OR DECISION BY THE COMMISSIONER OF AGRICULTURE, SECTION 46-9-90, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF THE CHAPTER ON THE STATE CROP PEST COMMISSION, SECTION 47-4-130, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING A PROVISION OF TITLE 47 DEALING WITH ANIMALS, LIVESTOCK, AND POULTRY, SECTIONS 47-17-50 AND 47-19-60, BOTH RELATING TO A DETERMINATION BY THE DIRECTOR OF THE LIVESTOCK-POULTRY HEALTH DEPARTMENT OF CLEMSON UNIVERSITY, SECTIONS 48-20-160, 48-20-190, BOTH AS AMENDED, AND 48-20-200, ALL RELATING TO A DECISION OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 48-39-150, AS AMENDED, RELATING TO THE APPROVAL OR DENIAL OF A PERMIT BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SECTION 54-3-470, RELATING TO AN ORDER OF THE STATE PORTS AUTHORITY, SECTIONS 55-5-230, 55-5-240, 55-5-250, ALL AS AMENDED, AND 55-8-20, ALL RELATING TO AN ORDER OF THE DIVISION OF AERONAUTICS, SECTIONS 59-25-260, 59-25-830, AND 59-40-90, ALL RELATING TO DECISIONS BY THE STATE BOARD OF EDUCATION, SECTION 59-58-120, RELATING TO A DECISION OF THE COMMISSION ON HIGHER EDUCATION, ALL SO AS TO PROVIDE FOR JUDICIAL REVIEW OF THE ADMINISTRATIVE DECISION BY AN ADMINISTRATIVE LAW JUDGE AND THAT DECISION APPEALED TO THE SOUTH CAROLINA COURT OF APPEALS; AND TO REPEAL SECTIONS 58-5-350, 58-5-360, 58-9-1420, 58-9-1440, 58-9-1460, 58-9-1470, 58-9-1480, AND 58-27-2330, ALL RELATING TO JUDICIAL REVIEW OF A DECISION BY THE PUBLIC SERVICE COMMISSION.
Referred to Committee on Judiciary
H. 3185 (Word version) -- Reps. Duncan, Vaughn, Taylor and Mahaffey: A JOINT RESOLUTION TO PROVIDE THAT THE STATE BUDGET AND CONTROL BOARD SHALL ENGAGE A QUALIFIED INDEPENDENT AUDITING AND CONSULTING FIRM TO CONDUCT A FINANCIAL AND MANAGEMENT AUDIT OF THE STATE DEPARTMENT OF EDUCATION AND ANY OTHER RELATED ENTITIES IT CONSIDERS NECESSARY INCLUDING A REVIEW OF SCHOOL DISTRICT RECORDS IN ORDER TO PERFORM A COMPREHENSIVE ANALYSIS OF THE STATE BUDGETARY PROCESS IN REGARD TO EDUCATION FUNDING AND THE MANNER IN WHICH EDUCATION SERVICES ARE DELIVERED FOR THE PURPOSE OF REDUCING WASTE AND DUPLICATION WITHIN THIS SYSTEM AND MAKING IT AS FISCALLY EFFECTIVE AS POSSIBLE.
Referred to Committee on Ways and Means
H. 3186 (Word version) -- Reps. J. Brown and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-465 SO AS TO PROVIDE THAT BEGINNING WITH THE SCHOOL YEAR 2005-06, A FULL-TIME SCHOOL NURSE IS REQUIRED FOR AND MUST BE ON THE PREMISES OF EACH PUBLIC SCHOOL IN THE STATE DURING REGULAR SCHOOL HOURS, AND TO PROVIDE FOR THE MANNER IN WHICH FUNDING FOR THIS REQUIREMENT MUST BE PROVIDED.
Referred to Committee on Education and Public Works
H. 3187 (Word version) -- Reps. Rice, Owens, Loftis, Vaughn, G. R. Smith and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 59 SO AS TO ESTABLISH THE SOUTH CAROLINA VIRTUAL CHARTER SCHOOL DISTRICT, PROVIDE THAT IT MUST BE GOVERNED BY A BOARD OF TRUSTEES, PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR THE STUDENTS' SUPERVISION AND THE STUDENTS' DUTIES, PROVIDE FOR THE DISTRICT'S TEACHERS AND FUNDING, PROVIDE A TAX CREDIT FOR AN INDIVIDUAL OR A CORPORATION THAT MAKES A DONATION TO THE DISTRICT, PROVIDE THAT THE DISTRICT MAY NOT LEVY ADDITIONAL TAXES OR ISSUE BONDS WITHOUT THE APPROVAL OF THE GENERAL ASSEMBLY, AND PROVIDE THAT THE BOARD OF TRUSTEES OF THE DISTRICT MAY PROMULGATE REGULATIONS.
Referred to Committee on Education and Public Works
H. 3188 (Word version) -- Reps. Merrill, Scarborough, Kirsh and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-287 SO AS TO PROVIDE THAT A MEMBER OF THE GOVERNING BOARD OF AN INSTITUTION OF HIGHER LEARNING MAY NOT SERVE ON THE BOARD FOR MORE THAN TWELVE CONSECUTIVE YEARS.
Referred to Committee on Education and Public Works
H. 3189 (Word version) -- Reps. Merrill, Brady, Scarborough, Cobb-Hunter, Whipper and Toole: A BILL TO AMEND SECTION 14-7-1610, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEGISLATIVE INTENT OF ARTICLE 15, CHAPTER 7, TITLE 14, SO AS TO PROVIDE THAT THERE IS A NEED TO ENHANCE THE GRAND JURY SYSTEM TO IMPROVE THE ABILITY OF THE STATE TO DETECT AND INVESTIGATE VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, BECAUSE OF ITS UNIQUE QUALIFICATIONS, MUST PLAY A SUBSTANTIAL ROLE IN THE INVESTIGATION OF ANY SUCH ALLEGED ENVIRONMENTAL OFFENSE; AND TO AMEND SECTION 14-7-1630, AS AMENDED, RELATING TO THE JURISDICTION OF THE STATE GRAND JURY, SO AS TO EXTEND THE SUBJECT MATTER JURISDICTION OF THE STATE GRAND JURY TO INCLUDE WILFUL CRIMINAL VIOLATIONS WHICH RESULT IN HARM TO THE ENVIRONMENT, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL MUST MAKE A FORMAL WRITTEN RECOMMENDATION TO THE ATTORNEY GENERAL AND THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IN CONSIDERATION OF THE NEED TO IMPANEL A STATE GRAND JURY.
Referred to Committee on Judiciary
H. 3190 (Word version) -- Reps. Martin, Funderburk and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-10-45 SO AS TO PROVIDE THAT IT IS A VIOLATION OF THE WAGE REQUIREMENTS OF THIS STATE FOR AN EMPLOYER TO PAY FEMALE EMPLOYEES LESS THAN MALE EMPLOYEES FOR COMPARABLE EMPLOYMENT IF THE FEMALE EMPLOYEES HAVE EQUIVALENT EXPERIENCE AND TRAINING; AND TO AMEND SECTION 41-10-80, AS AMENDED, RELATING TO CIVIL PENALTIES FOR VIOLATION OF CERTAIN WAGE AND HOURLY PROVISIONS SO AS TO REVISE SUCH PENALTIES AND INCLUDE SECTION 41-10-45 THEREIN.
Referred to Committee on Labor, Commerce and Industry
H. 3191 (Word version) -- Reps. Bingham and Clark: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE GOVERNOR'S SCHOOL FOR TEACHING, LEARNING, AND TECHNOLOGY AS A RESOURCE FOR PUBLIC SCHOOLS IN THE STATE, TO PROVIDE FOR A GOVERNING BOARD FOR THE SCHOOL, AND TO PROVIDE FOR THE MANNER THE SCHOOL IS ESTABLISHED, OPERATED, AND FUNDED.
Referred to Committee on Education and Public Works
H. 3192 (Word version) -- Reps. Cobb-Hunter and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-43-40 SO AS TO PROVIDE THAT THE GENERAL EDUCATIONAL DEVELOPMENT (GED) TEST BATTERY MUST BE GIVEN IN ENGLISH AND SPANISH.
Referred to Committee on Education and Public Works
H. 3193 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-53-110 SO AS TO PROVIDE THAT A TECHNICAL EDUCATION INSTITUTION UNDER THE CONTROL OF THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION MAY CHANGE ITS NAME PURSUANT TO CERTAIN CIRCUMSTANCES.
Referred to Committee on Education and Public Works
H. 3194 (Word version) -- Reps. Rice and E. H. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-625 SO AS TO IMPOSE AN ADDITIONAL LICENSE TAX ON EACH CIGARETTE SUBJECT TO THE LICENSE TAX ON CIGARETTES IN AN AMOUNT EQUAL TO 1.5 CENTS ON EACH CIGARETTE, TO ESTABLISH THE HEALTH CARE AND PREVENTION FUND TO RECEIVE THE REVENUE OF THIS TAX AND PROVIDE FOR THE USE OF THIS FUND FOR PUBLIC HEALTH PURPOSES, DESIGNATING CERTAIN AGENCIES AND PROGRAMS AS RECIPIENTS, INCLUDING THE MEDICAID EXPANSION FUND TO RECEIVE FUNDING TO REPLACE HOSPITAL TAX, AND TO PROVIDE FOR THE COLLECTION AND ENFORCEMENT OF THIS ADDITIONAL TAX; TO AMEND SECTION 44-6-155, RELATING TO THE MEDICAID EXPANSION FUND, SO AS TO INCLUDE WITHIN THE FUND THE TAX IMPOSED BY SECTION 12-21-625; AND TO REPEAL ARTICLE 11, CHAPTER 23, TITLE 12, RELATING TO THE INDIGENT HEALTH CARE TAX ON HOSPITALS.
Referred to Committee on Ways and Means
H. 3195 (Word version) -- Reps. Merrill and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-35-115 SO AS TO PROVIDE THAT IN ALL COUNTIES OF THIS STATE LOCATED IN THE COASTAL ZONE, ALL ELECTRICAL UTILITY AND ELECTRIC COOPERATIVE POWER LINES CONSTRUCTED, INSTALLED, OR MODIFIED AFTER JULY 1, 2006, MUST BE LOCATED UNDERGROUND FOR HEALTH AND SAFETY REASONS.
Referred to Committee on Labor, Commerce and Industry
H. 3196 (Word version) -- Reps. Whitmire, Mahaffey and Sandifer: A BILL TO AMEND SECTION 33-31-708, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN ACTION TAKEN BY BALLOT OF A NONPROFIT CORPORATION, SO AS TO AUTHORIZE THE USE OF AN ELECTRONIC BALLOT.
Referred to Committee on Judiciary
H. 3197 (Word version) -- Reps. Herbkersman and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE "ACUPUNCTURE ACT OF SOUTH CAROLINA" TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN INDIVIDUAL SATISFIES THE LICENSURE REQUIREMENTS OF THIS ARTICLE; TO ESTABLISH CRITERIA FOR THE LICENSURE OF OTHER ACUPUNCTURISTS CURRENTLY PRACTICING; TO PROHIBIT PRACTICING AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, OR AN AURICULAR DETOXIFICATION THERAPIST WITHOUT BEING LICENSED AND TO PROVIDE PENALTIES; TO FURTHER PROVIDE FOR THE REGULATION OF THESE PROFESSIONALS; TO REPEAL SECTIONS 40-47-70 AND 40-47-75 RELATING TO AUTHORIZATION FOR THE PRACTICE OF ACUPUNCTURE; TO AMEND TITLE 44, RELATING TO HEALTH BY ADDING CHAPTER 132 SO AS TO ESTABLISH PROCEDURES AND REQUIREMENTS FOR THE DIRECT SUBMISSION OF CLAIMS FOR ANATOMIC PATHOLOGY SERVICES; AND BY ADDING ARTICLE 10, CHAPTER 47, TITLE 40 SO AS TO PROVIDE FOR THE REGISTERED CARDIOVASCULAR INVASIVE SPECIALISTS ACT, TO DEFINE CERTAIN TERMS, TO PROVIDE THE PROCEDURE A PERSON MUST FOLLOW TO BECOME A REGISTERED CARDIOVASCULAR INVASIVE SPECIALIST, TO PROVIDE THE SERVICES A CARDIOVASCULAR INVASIVE SPECIALIST MAY PERFORM, TO PROVIDE FOR THE DISCIPLINE OF A PERSON WHO HAS BECOME UNFIT TO PRACTICE OR WHO HAS VIOLATED THIS ARTICLE, TO PROVIDE CERTAIN THINGS THAT A CARDIOVASCULAR INVASIVE SPECIALIST MUST DO AND MAY NOT DO, AND TO PROVIDE THAT THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL PROMULGATE REGULATIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3198 (Word version) -- Reps. Harrison, Wilkins and Scarborough: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9, CHAPTER 21, TITLE 5 SO AS TO ENACT THE "MUNICIPAL FINANCE OVERSIGHT ACT OF 2005" TO CREATE THE MUNICIPAL FINANCE OVERSIGHT COMMISSION AND AN EXECUTIVE COMMITTEE OF THE COMMISSION, PROVIDE FOR THEIR COMPOSITION, POWERS, DUTIES, AND RESPONSIBILITIES, REQUIRE MUNICIPALITIES TO SUBMIT ANNUAL FINANCIAL REPORTS AND ANNUAL AUDITS, PROVIDE FOR SANCTIONS AGAINST MUNICIPALITIES THAT FAIL TO COMPLY WITH THE COMMISSION'S PLAN FOR REFINANCING, ADJUSTING, OR COMPROMISING A DEBT, PROVIDE PENALTIES FOR AN OFFICER OR EMPLOYEE OF A MUNICIPALITY WHO FAILS TO COMPLY WITH THE PROVISIONS OF ARTICLE 9 OF CHAPTER 21; AND TO AMEND SECTION 6-1-50, RELATING TO THE REQUIREMENT OF A FINANCIAL REPORT SUBMITTED BY COUNTIES AND MUNICIPALITIES TO THE COMPTROLLER GENERAL, SO AS TO REQUIRE THE REPORT BE SUBMITTED INSTEAD TO THE MUNICIPAL FINANCE COMMISSION AND DELETE A REFERENCE TO THE ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Referred to Committee on Ways and Means
H. 3199 (Word version) -- Reps. Scarborough, Hinson, Whipper, Simrill, Mahaffey and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-195 SO AS TO PROHIBIT AN INSURER FROM DECREASING BENEFITS OR COVERAGE UNDER AN INDIVIDUAL OR GROUP HEALTH INSURANCE POLICY DURING THE POLICY PERIOD.
Referred to Committee on Labor, Commerce and Industry
H. 3200 (Word version) -- Reps. Coates and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-297 SO AS TO PROVIDE THAT AN ENTITY THAT PAYS OR REIMBURSES HEALTH BENEFITS MAY NOT DISCRIMINATE IN THE AMOUNT PAID OR REIMBURSED FOR CHIROPRACTIC SERVICES AND TO REQUIRE THAT THESE SERVICES BE PAID OR REIMBURSED AS BILLED THROUGH THE SAME PROCEDURE CODE.
Referred to Committee on Labor, Commerce and Industry
H. 3201 (Word version) -- Rep. Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-325 SO AS TO PROVIDE THAT THE SCHOOL DISTRICTS OF THE STATE SHALL ADMINISTER THE PALMETTO ACHIEVEMENT CHALLENGE TEST (PACT) ANNUALLY ON THE THIRD MONDAY IN MAY.
Referred to Committee on Education and Public Works
H. 3202 (Word version) -- Rep. Viers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-17-160 SO AS TO PROVIDE THAT ON JULY 1, 2006, THE AREA OF EACH COUNTY OF THIS STATE ALSO MUST BE CONSTITUTED AS A SCHOOL DISTRICT AND A COUNTY MAY NOT HAVE MULTIPLE SCHOOL DISTRICTS WITHIN ITS BOUNDARIES, AND TO PROVIDE THAT THE GENERAL ASSEMBLY BY LOCAL LAW BEFORE JULY 1, 2006, SHALL PROVIDE FOR THE GOVERNANCE, FISCAL AUTHORITY, AND ADMINISTRATIVE AND OPERATIONAL RESPONSIBILITIES FOR A COUNTYWIDE SCHOOL DISTRICT WHERE NO SUCH PROVISIONS OF LAW NOW APPLY; AND TO PROVIDE THAT ALL ACTS OR PARTS OF ACTS RELATING TO A SCHOOL DISTRICT THAT IS NOT A COUNTYWIDE SCHOOL DISTRICT REQUIRED BY SECTION 59-17-160 ARE REPEALED AS OF JULY 1, 2006.
Referred to Committee on Education and Public Works
H. 3203 (Word version) -- Reps. Martin and Whipper: 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 Judiciary
H. 3204 (Word version) -- Reps. W. D. Smith, Merrill, Altman, Barfield, Cato, Ceips, Chalk, Chellis, Clemmons, Davenport, Delleney, Duncan, Edge, Hagood, Hamilton, Harrison, Haskins, Herbkersman, Hinson, Leach, Loftis, McGee, Norman, Owens, Pinson, Rice, Scarborough, Simrill, J. R. Smith, Tripp, Vaughn, Viers, Witherspoon, Young and G. R. Smith: A BILL TO ENACT THE "SOUTH CAROLINA PUT PARENTS IN CHARGE ACT" BY ADDING CHAPTER 15 TO TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR TUITION PAID TO PUBLIC OR INDEPENDENT SCHOOLS, TO PROVIDE CREDITS FOR CERTAIN TAXES AND LICENSE FEES FOR CONTRIBUTIONS TO SCHOLARSHIP GRANTING ORGANIZATIONS, TO PROVIDE FOR THE REGULATION, REGISTRATION, AND REPORTING OF SCHOLARSHIP GRANTING ORGANIZATIONS, AND TO PROVIDE FOR REPORTING AND ACCOUNTABILITY OF THE IMPLEMENTATION OF THIS CHAPTER.
Referred to Committee on Ways and Means
H. 3205 (Word version) -- Reps. Leach, Sandifer, Vaughn, Taylor, Walker and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA WORKERS' COMPENSATION REFORM ACT OF 2005", BY ADDING SECTION 42-1-180 SO AS TO LIMIT THE DISABILITY RATING ESTABLISHED BY THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION TO A MAXIMUM OF ONE HUNDRED FIFTY PERCENT OF THE AMERICAN MEDICAL ASSOCIATION GUIDELINES FOR IMPAIRMENT; BY ADDING SECTION 42-1-190 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN ALCOHOL OR OTHER ILLEGAL SUBSTANCES ARE FOUND TO BE PRESENT IN THE PERSON'S BODY; BY ADDING SECTION 42-1-200 SO AS TO ELIMINATE COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO THE INJURED WORKER WHEN THE ACCIDENT WAS INTENTIONAL, OR WHEN THE INJURED FAILED TO FOLLOW COMPANY, STATE OR FEDERAL POLICIES, RULES, AND REGULATIONS; BY ADDING SECTION 42-1-210 SO AS TO ELIMINATE ANY COMPENSATION, LOST WAGES OR MEDICAL, PAYABLE TO ANY INJURED WORKER WHEN THE INJURED WORKER IS AN ILLEGAL ALIEN AND HAS GAINED EMPLOYMENT THROUGH FRAUDULENT MEANS OR METHODS, OR BOTH; BY ADDING SECTION 42-1-378 SO AS TO ELIMINATE CONCURRENT JURISDICTION BETWEEN THE SOUTH CAROLINA WORKERS' COMPENSATION ACT AND THE FEDERAL EMPLOYERS' LIABILITY ACT, THE LONGSHORE AND HARBOR WORKERS' COMPENSATION ACT, OR ANY OF ITS EXTENSIONS, AND THE JONES ACT; BY ADDING SECTION 42-9-95 SO AS TO NOT PAY LOST WAGE COMPENSATION TO AN INJURED WORKER DURING ALL PERIODS OF TIME WHILE THE INJURED WORKER IS INCARCERATED; TO AMEND SECTION 42-1-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF THE SOUTH CAROLINA WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE DEFINITION TO DEFINE "DIVISION" AS THE "SOUTH CAROLINA WORKERS' COMPENSATION DIVISION" AND DEFINE "DEPARTMENT" AS THE "SOUTH CAROLINA DEPARTMENT OF INSURANCE"; TO AMEND CHAPTER 3, TITLE 42, RELATING TO THE INDUSTRIAL COMMISSION, SO AS TO CHANGE THE NAME TO THE SOUTH CAROLINA WORKERS' COMPENSATION DIVISION OF THE SOUTH CAROLINA DEPARTMENT OF INSURANCE AND TO MAKE CORRESPONDING CHANGES IN OTHER PROVISIONS NECESSARY TO BE CONSISTENT WITH THIS CHANGE; TO AMEND CHAPTER 5, TITLE 42, RELATING TO INSURANCE AND SELF-INSURANCE UNDER THE PROVISIONS OF TITLE 42, SO AS TO MAKE CHANGES IN PROVISIONS CONSISTENT WITH THE TRANSFER OF POWERS, DUTIES, AND RESPONSIBILITIES FROM THE WORKERS' COMPENSATION COMMISSION TO THE WORKERS' COMPENSATION DIVISION; TO AMEND SECTION 42-7-80, RELATING TO THE PAYMENT OF AWARDS BY THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE THAT AWARDS MUST INSTEAD BE AWARDED BY AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 42-7-200, AS AMENDED, RELATING TO THE WORKERS' COMPENSATION UNINSURED EMPLOYER'S FUND, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE INSTEAD OF WORKERS' COMPENSATION COMMISSION SHALL DETERMINE IF AN EMPLOYEE IS SUBJECT TO THE PROVISIONS OF TITLE 42; TO AMEND SECTION 42-7-310, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SECOND INJURY FUND, SO AS TO PROVIDE THAT THE RESPONSIBILITIES OF THE WORKERS' COMPENSATION COMMISSION ARE DIVIDED BETWEEN THE WORKERS' COMPENSATION DIVISION AND THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO ELIMINATE THE PRESUMPTION OF TOTAL DISABILITY IN CASES WHERE THERE IS FIFTY PERCENT OR MORE LOSS OF USE OF THE BACK; TO AMEND SECTION 42-9-90, RELATING TO THE INCREASE IN COMPENSATION WHEN AN INSTALLMENT PAYMENT IS NOT PAID, SO AS TO MAKE CORRESPONDING CHANGES TO CONFORM TO THE TRANSFER OF DUTIES AND RESPONSIBILITIES OF THE WORKERS' COMPENSATION COMMISSION TO THE WORKERS' COMPENSATION DIVISION AND THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 42-9-140, AS AMENDED, RELATING TO PAYMENT OF COMMUTED AMOUNTS TO A DECEASED EMPLOYEE WHEN THE EMPLOYEE LEAVES NO DEPENDENTS OR PARTIAL DEPENDENTS, SO AS TO MAKE CORRESPONDING CHANGES TO CONFORM TO THE TRANSFER OF DUTIES AND RESPONSIBILITIES OF THE WORKERS' COMPENSATION COMMISSION TO THE WORKERS' COMPENSATION DIVISION AND THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 42-9-190, RELATING TO THE REQUIREMENT THAT AN INJURED EMPLOYEE WHO REFUSES SUITABLE EMPLOYMENT IS NOT ENTITLED TO COMPENSATION, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE SHALL APPROVE THE EMPLOYMENT INSTEAD OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-9-210, RELATING TO A DEDUCTION BY AN EMPLOYER OF PAYMENTS WHICH ARE NOT DUE AND PAYABLE, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE INSTEAD OF THE WORKERS' COMPENSATION COMMISSION APPROVE THE DEDUCTIONS; TO AMEND SECTION 42-9-230, AS AMENDED, RELATING TO THE DATE ON WHICH COMPENSATION PAYABLE UNDER THE AGREEMENT BECOMES DUE, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE INSTEAD OF THE WORKERS' COMPENSATION COMMISSION DETERMINES WHEN INSTALLMENTS ARE MADE; TO AMEND SECTION 42-9-240, RELATING TO THE DATE ON WHICH COMPENSATION PAYABLE UNDER AN AWARD BECOMES DUE, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE DETERMINE THE DATE INSTEAD OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-9-250, RELATING TO THE PAYMENT OF COMPENSATION MONTHLY OR QUARTERLY INSTEAD OF WEEKLY, SO AS TO PROVIDE THAT AN ADMINISTRATIVE LAW JUDGE MAKE THAT DETERMINATION INSTEAD OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-9-260, AS AMENDED, RELATING TO THE NOTICE REQUIRED WHEN DISABILITY PAYMENTS BEGIN, SO AS TO MAKE CORRESPONDING CHANGES TO CONFORM TO THE TRANSFER OF DUTIES AND RESPONSIBILITIES OF THE WORKERS' COMPENSATION COMMISSION TO THE WORKERS' COMPENSATION DIVISION AND THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 42-9-270, RELATING TO NOTICE OF FINAL PAYMENT OF COMPENSATION BY THE EMPLOYER, SO AS TO PROVIDE THAT THE NOTICE BE SENT TO THE WORKERS' COMPENSATION DIVISION INSTEAD OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-9-301, RELATING TO LUMP-SUM PAYMENTS BY EMPLOYERS, SO AS TO MAKE CORRESPONDING CHANGES TO CONFORM TO THE TRANSFER OF DUTIES AND RESPONSIBILITIES OF THE WORKERS' COMPENSATION COMMISSION TO THE WORKERS' COMPENSATION DIVISION AND THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 42-9-310, AS AMENDED, RELATING TO A LUMP-SUM PAYMENT ADMINISTERED BY A TRUSTEE, SO AS TO PROVIDE THAT THIS MUST BE DETERMINED BY AN ADMINISTRATIVE LAW JUDGE INSTEAD OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-9-340, RELATING TO THE EFFECT OF PAYMENT OF A DEATH BENEFIT BY AN EMPLOYER IN GOOD FAITH TO CERTAIN DEPENDENTS, SO AS TO PROVIDE THAT THE WORKERS' COMPENSATION DIVISION INSTEAD OF THE WORKERS' COMPENSATION COMMISSION SHALL DECIDE BETWEEN DEPENDENTS WHEN THE EMPLOYER IS IN DOUBT AS TO THE RIGHTS OF THE CLAIMANTS; TO AMEND SECTION 42-9-360, AS AMENDED, RELATING TO ASSIGNMENTS OF COMPENSATION AND EXEMPTIONS FROM CLAIMS OF CREDITORS, SO AS TO PROVIDE THAT PAYMENT TO AN AUTHORIZED HEALTH CARE PROVIDER FOR SERVICES MUST BE MADE DURING A CERTAIN TIME UNLESS THE WORKERS' COMPENSATION DIVISION INSTEAD OF THE WORKERS' COMPENSATION COMMISSION HAS RECEIVED A REQUEST TO REVIEW THE MEDICAL BILL; TO AMEND SECTION 42-9-390, RELATING TO VOLUNTARY PAYMENT BETWEEN AN EMPLOYER AND AN EMPLOYEE, SO AS TO PROVIDE THAT THE SETTLEMENT AGREEMENT MUST BE APPROVED BY THE WORKERS' COMPENSATION DIVISION INSTEAD OF A MEMBER OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-9-400, AS AMENDED, RELATING TO THE MANNER IN WHICH AN EMPLOYER OR INSURANCE CARRIER IS REIMBURSED FROM THE SECOND INJURY FUND, SO AS TO PROVIDE THAT THE DIRECTOR OF THE INDUSTRIAL COMMISSION INSTEAD OF A MAJORITY OF THE COMMISSION MAY ENTER INTO COMPROMISE SETTLEMENTS; TO AMEND SECTION 42-9-440, AS AMENDED, RELATING TO REPORTING FALSE STATEMENTS AND MISREPRESENTATIONS TO THE INSURANCE FRAUD DIVISION OF THE OFFICE OF ATTORNEY GENERAL, SO AS TO REQUIRE THE WORKERS' COMPENSATION DIVISION AND ADMINISTRATIVE LAW JUDGE DIVISION TO MAKE THE REPORT; TO AMEND SECTION 42-11-80, RELATING TO WILFUL MISREPRESENTATION BY AN EMPLOYEE THAT HE HAS NOT PREVIOUSLY SUFFERED FROM THE DISEASE WHICH IS THE CAUSE OF A DISABILITY OR DEATH, SO AS TO PROVIDE THAT THE WAIVER WHICH THIS EMPLOYEE MAY EXECUTE MUST BE APPROVED BY THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-11-100, AS AMENDED, RELATING TO THE AMOUNT OF COMPENSATION PAYABLE FOR A DISABILITY FROM AN OCCUPATIONAL DISEASE, SO AS TO PROVIDE THAT NO COMPENSATION MAY BE PAID FOR THE TIME THE EMPLOYEE REFUSES TO ACCEPT SUITABLE EMPLOYMENT WHEN ORDERED BY AN ADMINISTRATIVE LAW JUDGE INSTEAD OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-11-120, RELATING TO THE PROCEDURE FOR DETERMINING CLAIMS, SO AS TO DELETE PROVISIONS REGARDING A MEDICAL QUESTION BEING REFERRED BY THE WORKERS' COMPENSATION COMMISSION TO THE MEDICAL BOARD; TO AMEND SECTION 42-13-50, RELATING TO THE APPORTIONMENT OF LIABILITY FOR COMPENSATION TO AN EMPLOYEE EXPOSED TO IONIZING RADIATION, SO AS TO PROVIDE THAT AN APPEAL OF AN AWARD IS TO AN ADMINISTRATIVE LAW JUDGE INSTEAD OF THE INDUSTRIAL COMMISSION AND PROVIDE THAT THE METHOD OF APPORTIONMENT MUST BE MADE BY AN ADMINISTRATIVE LAW JUDGE INSTEAD OF THE WORKERS' COMPENSATION COMMISSION; TO AMEND SECTION 42-13-80, RELATING TO THE AUTHORITY OF THE INDUSTRIAL COMMISSION TO DETERMINE THE MEDICAL SERVICES FOR AN IONIZING RADIATION INJURY OR DISABILITY, SO AS TO TRANSFER THE AUTHORITY TO AN ADMINISTRATIVE LAW JUDGE; TO AMEND SECTION 42-13-90, RELATING TO AN EMPLOYEE'S RIGHT TO VOCATIONAL REHABILITATION WHO HAS BEEN INJURED BY RADIATION EXPOSURE, SO AS TO TRANSFER CERTAIN RESPONSIBILITIES TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM THE INDUSTRIAL COMMISSION; TO AMEND SECTION 42-13-100, RELATING TO CERTAIN SETTLEMENT BEING INVALID UNLESS APPROVED BY THE INDUSTRIAL COMMISSION, SO AS TO TRANSFER THIS AUTHORITY TO THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND SECTION 42-13-110, RELATING TO CERTAIN POWERS OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO TRANSFER THESE POWERS TO THE WORKERS' COMPENSATION DIVISION; TO AMEND CHAPTER 15, TITLE 42, RELATING TO THE NOTICE OF AN ACCIDENT FILED BY AN EMPLOYEE, WHERE THE CLAIM MUST BE FILED AND THE FURNISHING OF MEDICAL TREATMENT AND SUPPLIES TO THE EMPLOYEE, SO AS TO TRANSFER CERTAIN RESPONSIBILITIES TO THE ADMINISTRATIVE LAW JUDGE DIVISION FROM THE WORKERS' COMPENSATION COMMISSION; TO AMEND CHAPTER 17, TITLE 42, RELATING TO THE AWARDING OF COMPENSATION TO AN INJURED EMPLOYEE, SO AS TO MAKE CORRESPONDING CHANGES TO CONFORM TO THE TRANSFER OF DUTIES AND RESPONSIBILITIES OF THE WORKERS' COMPENSATION COMMISSION TO THE WORKERS' COMPENSATION DIVISION AND THE ADMINISTRATIVE LAW JUDGE DIVISION; TO AMEND CHAPTER 19, TITLE 42, RELATING TO THE REQUIREMENT THAT EMPLOYERS SHALL KEEP RECORDS AND MAKE REPORTS REGARDING INJURIES RECEIVED BY EMPLOYEES IN THE COURSE OF THEIR EMPLOYMENT, SO AS TO TRANSFER CERTAIN RESPONSIBILITIES TO THE WORKERS' COMPENSATION DIVISION FROM THE WORKERS' COMPENSATION COMMISSION; AND TO REPEAL SECTION 42-1-90 RELATING TO THE DEFINITION OF "COMMISSION" UNDER THE PROVISIONS OF TITLE 42 AND SECTIONS 42-11-130 THROUGH 42-11-190 RELATING TO THE MEDICAL BOARD EMPLOYED TO DETERMINE CONTROVERSIAL MEDICAL QUESTIONS IN WORKERS' COMPENSATION CASES.
Referred to Committee on Labor, Commerce and Industry
H. 3206 (Word version) -- Rep. J. H. Neal: A BILL TO AMEND SECTION 40-22-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DELETE THE DEFINITION OF "ASSOCIATE PROFESSIONAL ENGINEER", DEFINE "NCEES EXAMINATION", AND AMEND THE DEFINITION OF "PROFESSIONAL ENGINEER"; AND TO AMEND SECTION 40-22-220, AS AMENDED, RELATING TO ELIGIBILITY REQUIREMENTS TO OBTAIN A LICENSE AS AN ENGINEER, SO AS TO REQUIRE THAT A PROFESSIONAL ENGINEER BE CERTIFIED AS AN ENGINEER-IN-TRAINING BEFORE BEING LICENSED, MAKE OTHER CHANGES TO THE REQUIREMENTS, AND PROVIDE THAT AN APPLICANT WILL RECEIVE HIS PROFESSIONAL ENGINEER LICENSE TO PRACTICE UPON PASSING THE NCEES EXAMINATION, PRINCIPLES, AND PRACTICE.
Referred to Committee on Labor, Commerce and Industry
H. 3207 (Word version) -- Reps. W. D. Smith, Walker, Simrill and Mahaffey: A BILL TO AMEND SECTION 1-7-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TERM OF OFFICE FOR SOLICITORS, SO AS TO PROVIDE THAT A SOLICITOR'S TERM OF OFFICE BEGINS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOLLOWING HIS ELECTION AND ENDS AT NOON ON THE FIRST WEDNESDAY FOLLOWING THE SECOND TUESDAY IN JANUARY FOUR YEARS LATER.
Referred to Committee on Judiciary
H. 3208 (Word version) -- Rep. Martin: A BILL TO AMEND SECTION 8-11-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERFORMANCE PAY INCREASES FOR STATE EMPLOYEES, SO AS TO PROVIDE FOR A MINIMUM INCREASE OF THREE PERCENT, BEGINNING IN FISCAL YEAR 2005-2006, FOR AN EMPLOYEE WHO MEETS OR EXCEEDS PERFORMANCE REQUIREMENTS, TO PROVIDE THAT A STATE AGENCY MAY FUND A NONRECURRING BONUS UP TO TWO PERCENT FOR AN EMPLOYEE WHO EXCEEDS PERFORMANCE REQUIREMENTS, AND TO PROVIDE FOR ADJUSTMENT OF THE THREE PERCENT INCREASE TO REFLECT FUNDING BY THE GENERAL ASSEMBLY.
Referred to Committee on Ways and Means
H. 3209 (Word version) -- Reps. Merrill, Rice, Vaughn, Scarborough, Hinson, Kirsh, Simrill and Toole: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 26, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO MAGISTRATES, SO AS TO PROVIDE THAT THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE AND THE HOUSE OF REPRESENTATIVES, RATHER THAN JUST THE SENATE, SHALL APPOINT MAGISTRATES FOR EACH COUNTY.
Referred to Committee on Judiciary
H. 3210 (Word version) -- Reps. Merrill, Vaughn, Hinson, Whipper, Mahaffey and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-111-25 SO AS TO PROVIDE THAT A PERSON WHO SERVES ACTIVE DUTY IN THE MILITARY IS ELIGIBLE TO RECEIVE A STATE SCHOLARSHIP UNTIL THE AGE OF THIRTY PURSUANT TO CERTAIN CONDITIONS AND TO DEFINE STATE SCHOLARSHIP.
Referred to Committee on Education and Public Works
H. 3211 (Word version) -- Reps. Merrill, Vaughn, E. H. Pitts, Scarborough, Cobb-Hunter, Whipper and Toole: A JOINT RESOLUTION TO CREATE A SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE STUDY COMMITTEE TO STUDY THE SYSTEM OF PROCUREMENT IN THIS STATE AND TO RECOMMEND CHANGES, IF APPROPRIATE.
Referred to Committee on Judiciary
H. 3212 (Word version) -- Rep. Davenport: A BILL TO AMEND SECTION 40-11-410, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE CLASSIFICATIONS AND SUBCLASSIFICATIONS FOR CONTRACTORS, SO AS TO SPECIFY THAT THE "GENERAL CONTRACTORS-BUILDING" CLASSIFICATION DOES NOT INCLUDE ANY WORK DONE UNDER THE SUBCLASSIFICATION OF GLASS AND GLAZING.
Referred to Committee on Labor, Commerce and Industry
H. 3213 (Word version) -- Reps. Davenport, Vaughn, Toole, Tripp and Vick: A BILL TO AMEND TITLE 1, CHAPTER 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING ARTICLE 5, SO AS TO ENACT THE "RIGHT TO LIFE ACT OF SOUTH CAROLINA" WHICH ESTABLISHES THAT THE RIGHT TO DUE PROCESS AND THE RIGHT TO EQUAL PROTECTION VEST AT FERTILIZATION.
Referred to Committee on Judiciary
H. 3214 (Word version) -- Reps. Davenport, Rice, Hinson, G. R. Smith and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64, TITLE 2 SO AS TO ESTABLISH THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON MEDICAID AND HEALTH CARE AND TO PROVIDE FOR ITS MEMBERSHIP, FUNCTIONS, DUTIES, AND RESPONSIBILITIES INCLUDING, AMONG OTHER THINGS, TO APPROVE REORGANIZATION PLANS AND TO REVIEW THE STATE MEDICAID PLAN.
Referred to Committee on Ways and Means
H. 3215 (Word version) -- Reps. Merrill, Scarborough and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-1-70 SO AS TO PROVIDE THAT A UTILITY COMPANY OPERATING IN THIS STATE INCLUDING ELECTRIC COOPERATIVES AND THE PUBLIC SERVICE AUTHORITY MAY NOT SUPERSEDE OR VIOLATE MUNICIPAL OR COUNTY ZONING LAWS.
Referred to Committee on Labor, Commerce and Industry
H. 3216 (Word version) -- Reps. Merrill, Vaughn, G. R. Smith, E. H. Pitts, Scarborough, Hinson, Kirsh, Whipper and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-55 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A PERSON WHOSE ACTIVITIES INCLUDE THOSE RELATED TO LOBBYING AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary
H. 3217 (Word version) -- Reps. Merrill, Vaughn, G. R. Smith, E. H. Pitts, Kirsh, Whipper, Mahaffey and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-17-56 SO AS TO PROHIBIT THE USE OF PUBLIC FUNDS TO EMPLOY OR CONTRACT WITH A LOBBYIST AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Judiciary
H. 3218 (Word version) -- Reps. Davenport, Rice and G. R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8, CHAPTER 6, TITLE 44 SO AS TO ESTABLISH THE STATE OFFICE OF MEDICAID AND HEALTH CARE AUDITS FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE THAT THE AUDIT DIRECTOR MUST BE APPOINTED BY THE GOVERNOR, AND TO FURTHER PROVIDE FOR THE POWERS AND DUTIES OF THE AUDIT DIRECTOR, INCLUDING CONDUCTING AUDITS, PREVENTING WASTE, AND PROMOTING ACCOUNTABILITY.
Referred to Committee on Ways and Means
H. 3219 (Word version) -- Reps. Davenport and Rice: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5, CHAPTER 30, TITLE 1 SO AS TO ESTABLISH THE DEPARTMENT OF INFORMATION TECHNOLOGY FOR HEALTH AND HUMAN SERVICES AGENCIES AND TO PROVIDE FOR ITS POWERS AND DUTIES, INCLUDING THE MANAGEMENT AND ADMINISTRATION OF ALL INFORMATION TECHNOLOGIES ASSOCIATED WITH THESE AGENCIES AND THE APPROVAL OF INFORMATION TECHNOLOGIES EXPENDITURES.
Referred to Committee on Ways and Means
H. 3220 (Word version) -- Rep. Rice: A BILL TO AMEND CHAPTER 28, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 IMPOSING A PETROLEUM FRANCHISE FEE EQUAL TO FIVE PERCENT OF THE AVERAGE PRICE OF EACH GALLON OF MOTOR FUEL, NOT TO EXCEED SEVEN CENTS A GALLON, TO PROVIDE FOR AN ANNUAL ADJUSTMENT IN THE SEVEN CENTS A GALLON MAXIMUM FEE TO REFLECT CHANGES IN THE CONSUMER PRICE INDEX, AND TO REQUIRE THE FEE REVENUES TO BE CREDITED TO THE STATE HIGHWAY FUND AND USED FOR THE PURPOSES FOR WHICH THAT FUND IS ESTABLISHED.
Referred to Committee on Ways and Means
H. 3221 (Word version) -- Reps. Clemmons, Rice, Simrill and Mahaffey: A BILL TO AMEND ARTICLE 5, CHAPTER 6, TITLE 44, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS ACT (SCRIPTS), SO AS TO CHANGE THE NAME OF THIS ACT TO THE SOUTH CAROLINA RETIREES AND INDIVIDUALS POOLING TOGETHER FOR SAVINGS-SILVERXCARD ACT AND TO PROVIDE THAT THE SCRIPTS-SILVERXCARD PROGRAM MUST COORDINATE WITH MEDICARE PART D TO PROVIDE TO LOW INCOME SENIOR RESIDENTS ASSISTANCE WITH THE COST OF PRESCRIPTION DRUGS, TO REQUIRE THAT A PARTICIPANT BE ENROLLED IN A MEDICARE PART D DRUG PLAN, TO CLARIFY OTHER ELIGIBILITY CRITERIA, TO SPECIFY THAT AN ENROLLEE IS ENTITLED TO BENEFITS WHEN THE ENROLLEE'S ANNUAL OUT-OF-POCKET DRUG EXPENSES REACH THE POINT THAT STANDARD MEDICARE PART D BENEFITS ARE NO LONGER AVAILABLE AND THAT BENEFITS TERMINATE WHEN THE PARTICIPANT'S ANNUAL OUT-OF-POCKET EXPENSES REACH THE POINT THAT CATASTROPHIC MEDICARE PART D BENEFITS ARE AVAILABLE, AND TO PROVIDE THAT IF REVENUE IS GENERATED FOR THE PROGRAM FROM OTHER SOURCES, THIS ADDITIONAL REVENUE MUST BE USED TO FUND PROGRAM BENEFITS AND MAKE PAYMENTS, AS MAY BE REQUIRED, UNDER THE FEDERAL MEDICARE PRESCRIPTION DRUG, IMPROVEMENT AND MODERNIZATION ACT OF 2003; AND TO REPEAL CHAPTER 130, TITLE 44, RELATING TO THE SOUTH CAROLINA SENIORS' PRESCRIPTION DRUG PROGRAM ACT.
Referred to Committee on Ways and Means
H. 3222 (Word version) -- Reps. Leach, Hinson, Cobb-Hunter and E. H. Pitts: A BILL TO AMEND SECTION 20-7-1695, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST; AND TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO GROUNDS FOR TERMINATION OF PARENTAL RIGHTS, SO AS TO PROVIDE THAT IT IS A GROUND FOR TERMINATION OF PARENTAL RIGHTS IF THE CHILD WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT OR INCEST.
Referred to Committee on Judiciary
H. 3223 (Word version) -- Reps. Cobb-Hunter and Funderburk: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-125 SO AS TO ALLOW BENEFITS FOR INDIVIDUALS UNEMPLOYED AS A DIRECT RESULT OF DOMESTIC ABUSE AND TO AMEND SECTION 41-35-130, RELATING TO UNEMPLOYMENT PAYMENTS NOT CHARGEABLE TO A FORMER EMPLOYER, SO AS TO PROVIDE THAT BENEFITS PAID IN CONNECTION WITH A DOMESTIC ABUSE-RELATED JOB LOSS MUST NOT BE CHARGED TO THE ACCOUNT OF AN INDIVIDUAL EMPLOYER.
Referred to Committee on Labor, Commerce and Industry
H. 3224 (Word version) -- Rep. Miller: A BILL TO AMEND SECTION 62-5-504, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH CARE POWERS OF ATTORNEY AND RELATED DEFINITIONS, SO AS TO PROVIDE THAT ANY DOCUMENT DEALING SUBSTANTIALLY WITH THE SAME ISSUES AND HAVING SUBSTANTIALLY THE SAME REQUIREMENTS AS TO THE QUALIFICATIONS OF THE HEALTH CARE AGENT AND THE REQUIRED WITNESSES, INCLUDING, BUT NOT LIMITED TO, THE "FIVE WISHES" FORMAT, IS DEEMED TO COMPLY WITH THE REQUIREMENTS OF LAW FOR HEALTH CARE POWERS OF ATTORNEY.
Referred to Committee on Judiciary
H. 3225 (Word version) -- Reps. E. H. Pitts, M. A. Pitts, Clemmons, Duncan, Anthony, Cobb-Hunter, Mahaffey and Haley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, ACADEMIC PROGRESS TEST, TO CHAPTER 30, TITLE 59 SO AS TO PROVIDE FOR THE IMPLEMENTATION OF A COMPUTER-ADMINISTERED TESTING PROGRAM WITH AN ADAPTIVE COMPONENT IN GRADES THREE THROUGH EIGHT TO MEASURE ACADEMIC PROGRESS AND PROVIDE DATA FOR INSTRUCTIONAL IMPROVEMENT; BY DESIGNATING SECTIONS 59-30-10 THROUGH 59-30-110 AS ARTICLE 1, GENERAL PROVISIONS; AND TO AMEND SECTION 59-18-1595, RELATING TO REALLOCATION OF TECHNICAL ASSISTANCE FUNDING AND THE PALMETTO ACHIEVEMENT CHALLENGE TEST, AND SECTION 59-28-200, RELATING TO THE DEVELOPMENT OF INFORMATIONAL MATERIALS AND THE PALMETTO ACHIEVEMENT CHALLENGE TEST, SO AS TO CONFORM BOTH SECTIONS TO THE ACADEMIC PROGRESS TEST.
Referred to Committee on Education and Public Works
H. 3226 (Word version) -- Reps. Clemmons and Mahaffey: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3227 (Word version) -- Reps. Littlejohn and Mahaffey: A BILL TO AMEND CHAPTER 10 OF TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO PROVIDE, SUBJECT TO A COUNTYWIDE REFERENDUM, FOR THE IMPOSITION OF A SPECIAL ONE PERCENT SALES AND USE TAX WITHIN A COUNTY FOR NOT MORE THAN SEVEN 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 WITHIN SUCH 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 SOUTH CAROLINA TREASURER FOR SCHOOL DISTRICTS OF THE COUNTY IN WHICH THE TAX IS IMPOSED, 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. 3228 (Word version) -- Reps. Leach and Huggins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-81 SO AS TO AUTHORIZE THE COMPTROLLER GENERAL TO PAY A PREMIUM FOR THE PREPAID LEGAL INSURANCE OF A STATE EMPLOYEE BY MEANS OF PAYROLL DEDUCTION AND TO PROVIDE THE CONDITIONS APPLICABLE WITH RESPECT TO THE PAYROLL DEDUCTION.
Referred to Committee on Ways and Means
H. 3234 (Word version) -- Reps. Harrell, Wilkins and Harvin: A BILL TO AMEND ARTICLE 7, CHAPTER 11 OF TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED, RELATING TO STATE FUNDING OF AIR CARRIER HUB TERMINAL FACILITIES, SO AS TO INCLUDE A FACILITY THAT OPERATES TWO OR MORE SPECIAL, STATE-TAXED PLANES FOR THE TRANSPORT OF SPECIAL CARGO, TO INCLUDE AN ECONOMIC DEVELOPMENT PROJECT THAT IS FUNCTIONALLY RELATED TO AIR CARRIER HUB TERMINAL FACILITIES SATISFYING THE CRITERIA, TO PROVIDE THAT THE SECRETARY OF THE DEPARTMENT OF COMMERCE MAY DETERMINE CONCLUSIVELY THAT AN AIRPORT TERMINAL FACILITY QUALIFIES AS AN AIR CARRIER HUB TERMINAL FACILITY, TO MAKE TECHNICAL CHANGES; AND TO AMEND SECTION 11-41-30, AS AMENDED, RELATING TO DEFINITIONS FOR PURPOSES OF THE ECONOMIC DEVELOPMENT BOND ACT, SO AS TO INCLUDE AS INFRASTRUCTURE BUILDINGS ON ALL QUALIFYING AIR CARRIER HUB TERMINAL FACILITIES.
Referred to Committee on Ways and Means
H. 3235 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 49-23-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DROUGHT RESPONSE AND CURTAILMENT OF NONESSENTIAL WATER USE DURING SEVERE OR EXTREME DROUGHT, SO AS TO PROVIDE THAT CERTAIN AGRICULTURAL PURPOSES ARE ALSO CONSIDERED AN ESSENTIAL WATER USE AND ARE EXEMPT FROM THIS MANDATORY CURTAILMENT OF NONESSENTIAL WATER USES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3236 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 39-25-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITED ACTS IN REGARD TO ADULTERATED OR MISBRANDED FOOD AND COSMETICS, SO AS TO FURTHER PROVIDE FOR THESE PROHIBITED ACTS; TO ADD SECTION 39-25-115 SO AS TO AUTHORIZE THE COMMISSIONER OF AGRICULTURE BY EMERGENCY REGULATION TO TAKE CERTAIN ACTIONS REGARDING MICROORGANISM FOOD CONTAMINATION; TO AMEND SECTION 39-25-190, RELATING TO THE AUTHORITY OF THE COMMISSIONER TO ENTER AND INSPECT A PREMISES IN REGARD TO ADULTERATED FOOD, SO AS TO AUTHORIZE THE DEPARTMENT TO CONDUCT THE ANALYTICAL WORK NECESSARY FOR THE PROPER ENFORCEMENT OF THESE PROVISIONS, INCLUDING THE PERFORMING OF LABORATORY SERVICES AND COLLECTING REASONABLE FEES FOR THESE SERVICES; TO ADD SECTION 39-25-210 SO AS TO REQUIRE THAT PERSONS SUBJECT TO INSPECTION UNDER ADULTERATED FOOD LAWS SHALL NOT BE PERMITTED TO ENGAGE IN THE MANUFACTURING, PROCESSING, WAREHOUSING, OR PACKING OF FOOD WITHOUT FIRST OBTAINING A PERMIT FROM THE DEPARTMENT, TO AUTHORIZE THE DEPARTMENT TO ESTABLISH FEES FOR THESE PERMITS AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO ADD SECTION 39-25-220 SO AS TO PROVIDE THAT THE DEPARTMENT MAY EMPLOY ALL HELP NECESSARY TO CARRY OUT AND ENFORCE THE PROVISIONS OF ADULTERATED FOOD LAWS AND MAY DESIGNATE ANY EMPLOYEE OF THE DEPARTMENT TO PERFORM ANY DUTIES NECESSARY TO CARRY OUT THESE PROVISIONS; AND TO ADD SECTION 39-25-230 SO AS TO AUTHORIZE THE COMMISSIONER TO PROMULGATE REGULATIONS SETTING STANDARDS FOR THE LABELING AND CERTIFICATION OF FOOD PRODUCTS USING THE "SOUTH CAROLINA QUALITY" LABEL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3237 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-5-4020, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS OF CERTAIN VEHICLES FROM SIZE, WEIGHT, AND LOAD LIMITS, SO AS TO INCLUDE PEANUT WAGONS WITHIN THE EXEMPTION.
Referred to Committee on Education and Public Works
H. 3238 (Word version) -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 3, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ORGANIZATION, DUTIES, AND PROCEDURES OF THE DEPARTMENT OF AGRICULTURE AND THE COMMISSIONER OF AGRICULTURE, SO AS TO FURTHER PROVIDE FOR THEIR ORGANIZATION, DUTIES, AND PROCEDURES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3239 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 56-3-9600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO "NO MORE HOMELESS PETS" LICENSE PLATES, THE FEES FOR THESE LICENSE PLATES, AND THE SPECIAL FUND TO SUPPORT LOCAL ANIMAL SPAYING AND NEUTERING PROGRAMS, SO AS TO PROVIDE THAT THE DEPARTMENT OF AGRICULTURE RATHER THAN THE STATE VETERINARIAN IS AUTHORIZED TO DESIGNATE THE USES OF MONIES IN THE SPECIAL FUND AND TO RECEIVE SPECIAL FUND MONIES FOR ADMINISTERING THE PROGRAM.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3240 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-40-100 SO AS TO PROVIDE THAT CHAPTER 40 OF TITLE 46 RELATING TO THE GRAIN DEALERS GUARANTY FUND IS REPEALED UPON CERTIFICATION BY THE COMMISSIONER OF AGRICULTURE THAT ALL LOANS RECEIVED BY THE GUARANTY FUND FROM THE STATE INSURANCE RESERVE FUND HAVE BEEN PAID IN FULL.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3241 (Word version) -- Rep. Witherspoon: A BILL TO AMEND ARTICLE 3, CHAPTER 39, TITLE 39 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LABELING AND MARKETING OF EGGS, SO AS TO FURTHER PROVIDE FOR THE REGULATION AND PROVISIONS OF LAW GOVERNING THE LABELING AND MARKETING OF EGGS, AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3243 (Word version) -- Rep. Talley: A BILL TO ENACT THE "YOUTH ACCESS TO TOBACCO PREVENTION ACT OF 2005" INCLUDING PROVISIONS TO AMEND SECTION 16-17-500, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPPLYING MINORS WITH TOBACCO OR CIGARETTES, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE DISTRIBUTION OR PURCHASE FOR A MINOR OF CIGARETTES, TOBACCO, CIGARETTE PAPER, OR A TOBACCO PRODUCT, TO PROVIDE THAT A PERSON MAY NOT SELL A TOBACCO PRODUCT TO AN INDIVIDUAL WHO DOES NOT PRESENT UPON DEMAND PROPER PROOF OF AGE OR IS NOT BELIEVED TO BE OVER TWENTY-SEVEN YEARS OF AGE, TO PROVIDE THAT A RETAIL DISTRIBUTOR OF TOBACCO PRODUCTS MUST TRAIN ITS RETAIL SALES EMPLOYEES REGARDING THE PROVISIONS CONTAINED IN THIS SECTION, TO PROVIDE THAT CERTAIN INDIVIDUALS LESS THAN EIGHTEEN YEARS OF AGE MAY NOT PURCHASE, ACCEPT RECEIPT, ATTEMPT TO PURCHASE, ATTEMPT TO ACCEPT RECEIPT OF A TOBACCO PRODUCT, OR PRESENT OR OFFER FRAUDULENT PROOF OF AGE FOR THE PURPOSE OF PURCHASING OR POSSESSING A TOBACCO PRODUCT, TO PROVIDE THAT A LAW ENFORCEMENT AGENCY MAY USE MINORS TO TEST A COMMUNITY'S COMPLIANCE WITH THIS SECTION, TO PROVIDE THAT IT IS UNLAWFUL FOR AN INDIVIDUAL UNDER THE AGE OF EIGHTEEN TO POSSESS A TOBACCO PRODUCT, TO PROVIDE THE CONDITIONS IN WHICH TOBACCO PRODUCTS MAY BE DISTRIBUTED IN VENDING MACHINES, TO REVISE THE PENALTIES FOR VIOLATING THE PROVISIONS CONTAINED IN THIS SECTION, AND TO DEFINE THE TERM "PERSON"; TO AMEND SECTION 16-17-501, RELATING TO DEFINITIONS OF TERMS RELATING TO THE DISTRIBUTION OF TOBACCO PRODUCT SAMPLES AND THE IMPLEMENTATION OF PROVISIONS THAT REGULATE THE SALE AND USE OF TOBACCO PRODUCTS BY LOCAL GOVERNMENTS, SO AS TO PROVIDE THAT THESE DEFINITIONS APPLY TO PROVISIONS REGULATING SUPPLYING TOBACCO PRODUCTS TO MINORS; AND TO REVISE THE DEFINITION OF THE TERM "PROOF OF AGE".
Referred to Committee on Judiciary
H. 3244 (Word version) -- Rep. Talley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-1-230 SO AS TO PROVIDE THAT AN AGENCY REQUIRED BY LAW TO REPORT TO THE GENERAL ASSEMBLY SHALL PREPARE ITS REPORT AND NOTIFY THE MEMBERS OF THE GENERAL ASSEMBLY BY MAIL OR EMAIL THAT THE REPORT IS AVAILABLE UPON REQUEST.
Referred to Committee on Judiciary
H. 3245 (Word version) -- Rep. Talley: A BILL TO AMEND SECTIONS 59-1-390, 59-1-448, 59-1-452, AS AMENDED, 59-5-61, 59-5-65, AS AMENDED, 59-5-140, 59-18-920, 59-20-40, AS AMENDED, 59-24-10, AS AMENDED, 59-24-130, 59-39-100, AS AMENDED, 59-54-20, AS AMENDED, 59-54-40, AS AMENDED, 59-54-50, 59-54-60, AND ARTICLE 21, CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, ALL RELATING TO VOCATIONAL EDUCATION, SO AS TO CHANGE REFERENCES FROM "VOCATIONAL EDUCATION", "VOCATIONAL TRAINING", "VOCATIONAL PROGRAMS", AND OTHERS TO "CAREER AND TECHNOLOGY EDUCATION", "CAREER AND TECHNOLOGY TRAINING", "CAREER AND TECHNOLOGY PROGRAMS", TO MAKE OTHER CORRESPONDING CHANGES, AND TO MAKE TECHNICAL CORRECTIONS.
Referred to Committee on Education and Public Works
H. 3246 (Word version) -- Reps. Duncan, Taylor and M. A. Pitts: A BILL TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AS A BIRD SANCTUARY THE GROUNDS OF THE PRESBYTERIAN HOME OF SOUTH CAROLINA LOCATED ON HIGHWAY 56 IN THE TOWN OF CLINTON IN LAURENS COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3248 (Word version) -- Reps. Rice, Edge and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-421 SO AS TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE SHALL CONDUCT A STUDY REGARDING SCHOOL SCHEDULING IN RELATION TO THE PALMETTO ACHIEVEMENT CHALLENGE TEST AND REPORT TO THE GENERAL ASSEMBLY ITS RECOMMENDATION FOR A UNIFORM STATEWIDE SCHOOL CALENDAR PURSUANT TO CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works
H. 3249 (Word version) -- Rep. White: A BILL TO AMEND CHAPTER 37, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF OPTOMETRISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY AND ADMINISTRATIVE ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION; AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF OPTOMETRISTS, AND AMONG OTHER THINGS, TO PROVIDE THAT A BACHELOR OF ARTS OR BACHELOR OF SCIENCE DEGREE IS REQUIRED FOR LICENSURE, TO ESTABLISH LICENSURE BY ENDORSEMENT, TO PROVIDE THAT BY SEPTEMBER 30, 2008, ALL LICENSED OPTOMETRISTS MUST BE LICENSED AS THERAPEUTICALLY-CERTIFIED OPTOMETRISTS, AND TO PROVIDE TRANSITION PROVISIONS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3250 (Word version) -- Reps. White and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 25 TO TITLE 37 SO AS TO PROVIDE FOR LIMITATIONS ON THE DISPENSING OF OPHTHALMIC LENSES WITHOUT A VALID UNEXPIRED PRESCRIPTION FROM A LICENSED DISPENSER, TO PROVIDE MINIMUM REQUIREMENTS FOR THE ISSUANCE OF A PRESCRIPTION, AND TO PROVIDE FOR A CIVIL PENALTY FOR A VIOLATION AND ENFORCEMENT BY THE DEPARTMENT OF CONSUMER AFFAIRS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3254 (Word version) -- Rep. Howard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11, CHAPTER 47, TITLE 40 SO AS TO ENACT THE "REGISTERED SURGICAL TECHNOLOGIST AND LICENSED SURGICAL ASSISTANT PRACTICE ACT" TO REQUIRE PERSONS TO BE CERTIFIED NATIONALLY AND REGISTERED UNDER THIS ARTICLE TO PERFORM DUTIES AND PROVIDE SERVICES AS A SURGICAL TECHNOLOGIST AND TO REQUIRE PERSONS TO BE CERTIFIED NATIONALLY AND LICENSED UNDER THIS ARTICLE TO PERFORM DUTIES AND PROVIDE SERVICES AS A SURGICAL ASSISTANT; TO ESTABLISH THE ADVISORY COMMITTEE FOR SURGICAL TECHNOLOGISTS AND SURGICAL ASSISTANTS UNDER THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; AND TO FURTHER PROVIDE FOR THE REGULATION OF SURGICAL TECHNOLOGISTS AND SURGICAL ASSISTANTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3255 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-7-74 SO AS TO PROHIBIT "PASS THROUGH" APPROPRIATIONS IN AN ACT OR JOINT RESOLUTION APPROPRIATING FUNDS TO A STATE AGENCY AND TO PROHIBIT THE AWARD OF A GRANT OF STATE APPROPRIATED FUNDS BY A STATE AGENCY EXCEPT AS PROVIDED IN AN ACT OR A JOINT RESOLUTION APPROPRIATING THE GRANT FUNDS OR PURSUANT TO A GRANTS PROGRAM PROVIDED IN THE GENERAL AND PERMANENT LAW OF THIS STATE AND TO REQUIRE AN AGENCY HEAD TO CERTIFY COMPLIANCE WITH THIS REQUIREMENT.
Referred to Committee on Ways and Means
H. 3256 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 44-53-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POSSESSION, DISTRIBUTION, MANUFACTURE, AND TRAFFICKING OF ICE, CRANK, AND CRACK COCAINE, SO AS TO PROVIDE THAT A PERSON MAY BE CHARGED WITH MANSLAUGHTER IF THE DISTRIBUTION OR TRAFFICKING IN THE DRUG CAUSES THE DEATH OF THE USER AND TO PROVIDE FOR AN INCREASE IN THE SENTENCE IF A PERSON UNDER THE AGE OF EIGHTEEN IS ENDANGERED OR A LAW ENFORCEMENT OFFICER IS INJURED BY ONE OF THE HAZARDS RELATED TO THE MANUFACTURE OF THE DRUG.
Referred to Committee on Judiciary
H. 3257 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-15-50 SO AS TO PROVIDE THAT A PERSON RETIRED OR DISCHARGED FROM THE ARMED SERVICES OF THE UNITED STATES WHO HAS FILED HIS RELEASE OR DISCHARGE CERTIFICATE NOW KNOWN AS DD FORM 214 WITH THE CLERK OF COURT OF ANY COUNTY OF THIS STATE FOR SAFEKEEPING OR OTHER PURPOSES MAY INVALIDATE THIS FILING AND REMOVE IT FROM THE PUBLIC RECORDS PURSUANT TO SPECIFIED PROCEDURES.
Referred to Committee on Judiciary
H. 3258 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 16-23-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGING A FIREARM AT OR INTO A DWELLING, A STRUCTURE, AN ENCLOSURE, AND A VEHICLE OR EQUIPMENT, SO AS TO ADD THAT IT IS UNLAWFUL FOR A PERSON TO DISCHARGE A FIREARM AT OR INTO THE PREMISES OR PROPERTY OWNED BY A PRIVATE OR PUBLIC SCHOOL AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary
H. 3259 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-750 SO AS TO PROVIDE THAT A PERSON CONVICTED OF A CRIMINAL SEXUAL CONDUCT OFFENSE DOES NOT HAVE CUSTODY RIGHTS OF OR RIGHTS OF INHERITANCE FROM A CHILD BORN AS RESULT OF THE OFFENSE; TO AMEND SECTION 16-9-340, RELATING TO INTIMIDATION OF COURT OFFICIALS, JURORS, OR WITNESSES, SO AS TO ADD THAT IT IS UNLAWFUL FOR A DEFENDANT IN A CRIMINAL PROCEEDING TO THREATEN A WITNESS WITH THE ASSERTION OR DENIAL OF PARENTAL RIGHTS; AND TO AMEND SECTION 20-7-1695, AS AMENDED, RELATING TO PERSONS FROM WHOM CONSENT OR RELINQUISHMENT FOR ADOPTION IS REQUIRED, SO AS TO PROVIDE THAT CONSENT OR RELINQUISHMENT IS NOT REQUIRED IF THE CHILD WHO IS THE SUBJECT OF THE ADOPTION PROCEEDING WAS CONCEIVED AS A RESULT OF CRIMINAL SEXUAL CONDUCT.
Referred to Committee on Judiciary
H. 3260 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 16-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO INCLUDE AS A SEPARATE AGGRAVATING CIRCUMSTANCE WHICH MAY BE CONSIDERED IN THE DETERMINATION OF WHETHER THE DEATH PENALTY MAY BE IMPOSED, A MURDER OF A PERSON'S SPOUSE WHILE THE PERSON IS SUBJECT TO A VALID ORDER OF PROTECTION, THE PERSON IS VIOLATING A CONDITION OF BOND, OR THE PERSON IS VIOLATING A RESTRAINING ORDER AND THE MURDER OF A PERSON'S SPOUSE IF THE PERSON HAS A PRIOR CONVICTION FOR CRIMINAL DOMESTIC VIOLENCE INVOLVING THE SAME VICTIM.
Referred to Committee on Judiciary
H. 3261 (Word version) -- Rep. W. D. Smith: A BILL TO AMEND SECTION 14-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF THE COMPUTER BY A COUNTY FOR DRAWING AND SUMMONING JURORS, SO AS TO PROVIDE THAT PHYSICAL PRESENCE OF JURY COMMISSIONERS IS NOT REQUIRED, THE DRAWING AND SUMMONING MUST TAKE PLACE PUBLICLY IN THE OFFICE OF THE CLERK OF COURT, AND THE SUPREME COURT SHALL DIRECT BY ORDER APPROPRIATE PROCEDURES REQUIRED TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
Referred to Committee on Judiciary
H. 3262 (Word version) -- Rep. J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-5-135 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO EXPORT FOR COMMERCIAL PURPOSES LIVE SEA OR FRESHWATER TURTLES WHICH ARE CAUGHT OR CAPTURED IN THE WILD IN THIS STATE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 3263 (Word version) -- Reps. J. E. Smith, Hayes and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-870 SO AS TO REQUIRE AN EMPLOYER TO GIVE AN EMPLOYEE REASONABLE TIME OFF FROM WORK TO VOTE IN ELECTIONS.
Referred to Committee on Labor, Commerce and Industry
H. 3264 (Word version) -- Reps. Townsend, Wilkins, W. D. Smith, Miller, Harrell, Harrison, Cato, J. Brown, Witherspoon, Chellis, Cooper, Martin, J. R. Smith, Thompson and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-223 SO AS TO ELIMINATE INCREASES IN FAIR MARKET VALUE OF OWNER-OCCUPIED RESIDENTIAL PROPERTY ATTRIBUTABLE TO QUADRENNIAL REASSESSMENT IN THE COUNTY, AND PROVIDE THE PERIOD FOR WHICH THIS EXEMPTION APPLIES; AND TO AMEND SECTION 12-37-223A., RELATING TO THE COUNTY OPTION PROPERTY TAX EXEMPTION LIMITING TO FIFTEEN PERCENT INCREASES IN FAIR MARKET VALUE OF REAL PROPERTY AS A RESULT OF QUADRENNIAL REASSESSMENT IN A COUNTY, SO AS TO CONFORM THIS OPTIONAL EXEMPTION TO THE PROVISIONS OF SECTION 12-37-223 OF THE 1976 CODE AS ADDED BY THIS ACT.
Referred to Committee on Ways and Means
The following was introduced:
H. 3122 (Word version) -- Rep. Govan: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF RUSSELL STREET IN ORANGEBURG FOR JAMES E. SULTON, SR., AND INSTALL APPROPRIATE MARKERS OR SIGNS INDICATING THIS DESIGNATION IN HONOR AND RECOGNITION OF MR. SULTON'S SERVICE AND COMMITMENT TO WORKING WITHIN HIS COMMUNITY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3123 (Word version) -- Reps. Clemmons, Viers and Toole: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF BEACH MUSIC TO THE CITIZENS OF SOUTH CAROLINA AND THE FUN AND ENTERTAINMENT IT PROVIDES, AND TO PROCLAIM APRIL 13, 2005, AS "BEACH MUSIC DAY" IN SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3128 (Word version) -- Reps. Wilkins, Allen, Cato, Hamilton, Haskins, Leach, Loftis, Rice, F. N. Smith, G. R. Smith, Taylor, Tripp, Vaughn, Barfield and Mahaffey: A HOUSE RESOLUTION JOINING THE CITY OF GREER IN HONORING SOUTH CAROLINA STATE SENATOR J. VERNE SMITH FOR HIS MORE THAN THIRTY YEARS OF STATESMANSHIP ON BEHALF OF THE CITY AND THIS STATE.
The Resolution was ordered referred to the Committee on Greenville Delegation.
The following was introduced:
H. 3229 (Word version) -- Reps. Wilkins, W. D. Smith and Merrill: A HOUSE RESOLUTION REQUESTING THE CONGRESS OF THE UNITED STATES TO ABOLISH THE DEATH TAX IMMEDIATELY AND PERMANENTLY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3230 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES ON THE DEATH OF HOYT E. KIRVEN, JR. OF SUMMERTON AND TO EXTEND THEIR DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 3231 (Word version) -- Rep. Allen: A HOUSE RESOLUTION TO RECOGNIZE MR. BOBBY D. BURCH OF GREENVILLE COUNTY FOR HIS TRIUMPH OVER ADVERSITY, TO COMMEND HIM FOR THE COUNTLESS WAYS THAT HE HAS IMPROVED HIS COMMUNITY, AND TO WISH HIM MUCH SUCCESS AND HAPPINESS IN HIS FUTURE ENDEAVORS.
The Resolution was adopted.
The following was introduced:
H. 3232 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE MEMBERS OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES UPON THE DEATH OF CHIEF JUDGE BEN GEER ALDERMAN, JR., SUMMARY COURT OF CLARENDON COUNTY, AND TO EXTEND THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Resolution was adopted.
The following was introduced:
H. 3233 (Word version) -- Rep. G. M. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE BOBBY MATTHEWS OF SUMTER FOR HIS FIFTY YEARS OF EDUCATING, COACHING, MENTORING, AND LEADING STUDENTS AS CHAIRMAN OF THE SUMTER SCHOOL DISTRICT 17 BOARD OF TRUSTEES, AND TO WISH HIM GOOD HEALTH AND HAPPINESS UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3242 (Word version) -- Reps. J. R. Smith, D. C. Smith, G. R. Smith and Stewart: A HOUSE RESOLUTION EXPRESSING THE GRATITUDE AND APPRECIATION OF THE MEMBERS OF THE HOUSE OF REPRESENTATIVES TO LARRY "DAVID" CUNNINGHAM, CHIEF OF THE BATH FIRE DEPARTMENT, IN AIKEN COUNTY, FOR HIS EXEMPLARY PUBLIC SERVICE TO CITIZENS OF THE STATE OF SOUTH CAROLINA, AND EXTENDING VERY BEST WISHES FOR A LONG AND HAPPY RETIREMENT.
The Resolution was adopted.
The following was introduced:
H. 3247 (Word version) -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO REMOVE THE "EARLE MORRIS HIGHWAY" MARKERS OR SIGNS WHICH WERE PLACED ON THAT PORTION OF SOUTH CAROLINA HIGHWAY 153 WHICH CONNECTS SECONDARY HIGHWAY 190 IN ANDERSON COUNTY WITH SOUTH CAROLINA HIGHWAY 123 IN PICKENS COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. NORMAN, with unanimous consent, the following was taken up for immediate consideration:
H. 3251 (Word version) -- Rep. Norman: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR TO THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS OF THE ROCK HILL HIGH SCHOOL FOOTBALL TEAM AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER TO CONGRATULATE THEM ON THEIR OUTSTANDING 2004 STATE AAAA BIG 16 FOOTBALL TITLE.
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, staff, and other school officials of the Rock Hill High School Football Team at a date and time to be determined by the Speaker to congratulate them on their outstanding 2004 State AAAA Big 16 Football Title.
The Resolution was adopted.
The following was introduced:
H. 3252 (Word version) -- Rep. Norman: A CONCURRENT RESOLUTION TO CONGRATULATE THE ROCK HILL HIGH SCHOOL BEARCATS OF YORK COUNTY ON THEIR 2004 STATE AAAA BIG 16 FOOTBALL TITLE, AND TO HONOR THE OUTSTANDING PLAYERS AND COACH JIM RINGER ON THEIR IMPRESSIVE SEASON.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3253 (Word version) -- Reps. Wilkins, Agnew, Allen, Altman, Anderson, Anthony, Bailey, Bales, Ballentine, Barfield, Battle, Bingham, Bowers, Brady, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chalk, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Frye, Funderburk, Govan, Hagood, Haley, Hamilton, Hardwick, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hiott, Hosey, Howard, Huggins, Jefferson, Jennings, Kennedy, Kirsh, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Norman, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Rhoad, Rice, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Stewart, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Umphlett, Vaughn, Vick, Viers, Walker, Weeks, Whipper, White, Whitmire, Witherspoon and Young: A CONCURRENT RESOLUTION TO HONOR AND RECOGNIZE HARVARD UNIVERSITY PROFESSOR MICHAEL E. PORTER FOR HIS OUTSTANDING EFFORTS IN ASSISTING AND PROMOTING THE ECONOMIC DEVELOPMENT AND COMPETITIVENESS OF THE STATE OF SOUTH CAROLINA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3265 (Word version) -- Rep. Bingham: A HOUSE RESOLUTION TO AMEND RULES 4.2, 4.4, 5.1, 5.3, AND 9.2 OF THE RULES OF THE HOUSE OF REPRESENTATIVES, RELATING TO COMMITTEES, BILLS, RESOLUTIONS, AND REPORTS AND AMENDMENTS, SO AS TO ESTABLISH A NEW STANDING COMMITTEE STYLED THE COMMITTEE ON APPROPRIATIONS CONSISTING OF TWENTY-FIVE MEMBERS WHICH SHALL HAVE SUBJECT MATTER JURISDICTION OVER ALL BILLS AND RESOLUTIONS APPROPRIATING REVENUES, TO PROVIDE REVISED LIMITS ON COMMITTEE SERVICE AND MAKE CONFORMING AMENDMENTS, TO MAKE THESE AMENDMENTS EFFECTIVE AFTER SINE DIE ADJOURNMENT OF THE FIRST SESSION OF THE 116TH GENERAL ASSEMBLY, TO DIRECT THE SPEAKER TO MAKE REVISED COMMITTEE ASSIGNMENTS, AND TO DIRECT THE SPEAKER TO CAUSE TO BE INTRODUCED IN THE HOUSE OF REPRESENTATIVES A BILL CONFORMING THE LAWS OF THIS STATE TO THE AMENDED RULES.
The Resolution was ordered referred to the Committee on Rules.
The roll call of the House of Representatives was taken resulting as follows:
Agnew Allen Altman Anderson Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown J. Brown R. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines M. Hines Hinson Hiott Hosey Howard Huggins Jefferson Jennings Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Rutherford Sandifer Scarborough Scott Sinclair Skelton D. C. Smith G. M. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Stewart Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks Whipper White Whitmire Wilkins Witherspoon Young
I came in after the roll call and was present for the Session on Tuesday, January 11.
Alex Harvin
The SPEAKER granted Rep. F. N. SMITH a leave of absence for the week due to a trial.
The SPEAKER granted Rep. LLOYD a leave of absence for the week due to illness.
Announcement was made that Dr. John P. Evans of Greenville 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. 3006 (Word version)
Date: ADD:
01/11/05 CHALK
Bill Number: H. 3009 (Word version)
Date: ADD:
01/11/05 CHALK
Bill Number: H. 3011 (Word version)
Date: ADD:
01/11/05 CHALK
Bill Number: H. 3170 (Word version)
Date: ADD:
01/11/05 RICE
Bill Number: H. 3213 (Word version)
Date: ADD:
01/11/05 TRIPP
Bill Number: H. 3213 (Word version)
Date: ADD:
01/11/05 VICK
Bill Number: H. 3222 (Word version)
Date: ADD:
01/11/05 E. H. PITTS
Rep. LITTLEJOHN moved that the House do now adjourn, which was agreed to.
At 12:45 p.m. the House, in accordance with the motion of Rep. YOUNG, adjourned in memory of Troy Knight of Summerville, to meet at 2:00 p.m. tomorrow.
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