Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:
Our thought for today is from Jeremiah 14:9B: "You are among us, O Lord, and we hear your name; do not forsake us."
Let us pray. Almighty God, be present with us. We pray for all in positions of authority. Protect them from harm and grant them wisdom, courage and integrity. Grant that they may be worthy subjects and bring honor to You and our State. Bless our Nation, President, State and leaders. Keep our defenders of freedom in Your loving care. In Your Holy name. 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 PRO TEMPORE.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER PRO TEMPORE ordered it confirmed.
Rep. ANTHONY moved that when the House adjourns, it adjourn in memory of Robert Donald "Donnie" Moore, Jr. of Buffalo, which was agreed to.
The following was received:
Columbia, S.C., April 12, 2005
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Hayes and Alexander of the Committee of Conference on the part of the Senate on H. 3152:
H. 3152 (Word version) -- Reps. Harrell, Wilkins, Leach, Littlejohn, Young, Bailey, Battle, Rice, Scarborough, Hinson, Simrill, Mahaffey, Sandifer, Hagood and J. E. Smith: A BILL TO AMEND CHAPTER 62 OF
Very respectfully,
President
Received as information.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 3490 (Word version) -- Reps. Duncan, Cato and Bowers: A BILL TO AMEND SECTION 34-41-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICABILITY OF LICENSURE REQUIREMENTS FOR A CHECK-CASHING SERVICE, SO AS TO
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3700 (Word version) -- Reps. Clemmons and Harrison: A BILL TO AMEND SECTION 15-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS WHICH MUST BE TRIED WHERE THE SUBJECT MATTER IS SITUATED, SO AS TO ADD THAT ALL MATTERS BETWEEN LANDLORD AND TENANT MUST BE TRIED WHERE THE SUBJECT MATTER OR SOME PART OF THE PROPERTY IS SITUATED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3588 (Word version) -- Reps. Whipper, Sinclair, J. H. Neal, Brady, Barfield, Weeks, Hosey, Govan, Lucas, Harrison, Anderson, Bowers, Breeland, Hamilton, Haskins, Hayes, M. Hines, Littlejohn, Mahaffey, Phillips, Pinson, W. D. Smith, Taylor and Walker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-110 SO AS TO PROVIDE THAT COMMON LAW MARRIAGE IN THE STATE MAY NOT BE RECOGNIZED ON AND AFTER JANUARY 1, 2006, AND TO PROVIDE AN EXCEPTION FOR A COMMON LAW MARRIAGE EXISTING AS OF DECEMBER 31, 2005; AND TO REPEAL SECTION 20-1-360 RELATING TO THE VALIDITY OF A MARRIAGE CONTRACTED WITHOUT THE ISSUANCE OF A LICENSE.
Ordered for consideration tomorrow.
H. 3489 (Word version) -- Rep. Bales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO CHAPTER 9, TITLE 4 SO AS TO PROVIDE A PROCEDURE BY WHICH THE GOVERNING BODY OF A COUNTY MAY BE ELECTED IN NONPARTISAN ELECTIONS; AND TO AMEND SECTION 4-9-10, RELATING TO THE AUTHORIZATION TO CONDUCT A REFERENDUM TO DETERMINE A CHANGE IN THE FORM OF COUNTY GOVERNMENT, NUMBER OF COUNTY COUNCIL MEMBERS, OR METHODS OF ELECTION, SO AS TO AUTHORIZE A REFERENDUM TO BE HELD TO CHANGE THE METHODS OF ELECTION OF COUNTY COUNCILS AND PROVIDE FOR AND LIMIT THE ALTERNATE METHODS OF ELECTION WHICH MAY BE ESTABLISHED.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3847 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 11-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY FISCAL YEAR; TO AMEND SECTION 11-11-320, RELATING TO THE CAPITAL RESERVE FUND, SO AS TO REVISE WHEN APPROPRIATIONS FROM THE CAPITAL RESERVE FUND TAKE EFFECT; BY ADDING SECTION 11-11-335 SO AS TO PROVIDE THAT BEGINNING JULY 1, 2005, SURPLUS GENERAL FUND REVENUES FOR ANY FISCAL YEAR NOT OTHERWISE OBLIGATED AND APPROPRIATIONS TO THE CAPITAL RESERVE FUND ARE DEEMED TO HAVE OCCURRED AND ARE AVAILABLE FOR EXPENDITURE AFTER SEPTEMBER FIRST OF THE NEXT FISCAL YEAR AND AFTER THE STATE'S FINANCIAL BOOKS FOR THE PREVIOUS FISCAL YEAR HAVE BEEN CLOSED; BY ADDING SECTION 11-
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3846 (Word version) -- Rep. Harrell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 36, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE GENERAL RESERVE FUND AND THE CAPITAL RESERVE FUND, SO AS TO PROVIDE THAT THE GENERAL RESERVE FUND SHALL CONSIST NOT ONLY OF THREE PERCENT OF THE GENERAL FUND REVENUE OF THE LATEST COMPLETED FISCAL YEAR BUT ALSO THE FIRST TEN PERCENT OF ANY SURPLUS GENERAL FUND REVENUES ACCRUING FOR ANY
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3794 (Word version) -- Reps. Harrell, Wilkins, Cotty, J. E. Smith, Leach, Clark, Skelton, Chellis, Davenport, Haley, Harvin, Anthony, Bales, Ballentine, Barfield, Battle, Brady, G. Brown, Cato, Coates, Cobb-Hunter, Coleman, Cooper, Delleney, Edge, Harrison, Hayes, Hinson, Jennings, Kennedy, Kirsh, Limehouse, Littlejohn, Lucas, Mack, McCraw, McGee, Merrill, J. M. Neal, Neilson, Ott, Perry, Rice, Simrill, G. R. Smith, J. R. Smith, W. D. Smith, Stewart, Taylor, Thompson, Umphlett, Vaughn, White, Witherspoon, Young and Scarborough: A BILL TO AMEND CHAPTER 17, TITLE 13 OF THE 1976 CODE, RELATING TO THE SOUTH CAROLINA RESEARCH AUTHORITY, SO AS TO PROVIDE FOR THE SOUTH CAROLINA RESEARCH DIVISION AND THE SOUTH CAROLINA RESEARCH INNOVATION CENTERS AS TWO DIVISIONS OF THE AUTHORITY, TO CHANGE THE COMPOSITION OF THE
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 483 (Word version) -- Senators Matthews, Knotts, J. V. Smith, Sheheen, Land, Patterson, Scott, Hutto, Williams, Anderson and Ford: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 4 TO CHAPTER 127, TITLE 59 SO AS TO ENACT THE "SOUTH CAROLINA STATE UNIVERSITY ACADEMIC AND ADMINISTRATIVE FACILITIES BOND ACT", WHICH PRESCRIBES THE MANNER IN WHICH AND CONDITION UNDER WHICH SOUTH CAROLINA STATE UNIVERSITY MAY ISSUE CERTAIN REVENUE BONDS FOR
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
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.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3799 (Word version) -- Rep. Cooper: A JOINT RESOLUTION AUTHORIZING STATE AGENCIES TO ESTABLISH A SPECIAL ACCOUNT TO FUND THE AGENCY'S NONRECURRING IMPLEMENTATION EXPENSES OF THE SOUTH CAROLINA ENTERPRISE INFORMATION SYSTEM AND PROVIDE FOR THE ADMINISTRATION AND MONITORING OF THESE ACCOUNTS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3813 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTIONS 25-1-3235 AND 25-1-3240, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NATIONAL GUARD PENSION FUND AND ELIGIBILITY FOR THE NATIONAL GUARD PENSION AND THE ADMINISTRATION OF PENSIONS FOR MEMBERS OF THE NATIONAL GUARD, SO AS TO ESTABLISH THE STATE BUDGET AND CONTROL BOARD AS TRUSTEE OF THE NATIONAL GUARD PENSION FUND AND PROVIDE FOR THE INVESTMENT OF ITS FUNDS AS THE
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
S. 320 (Word version) -- Senator Leatherman: A BILL TO AMEND ACT 518 OF 1980, AS AMENDED, RELATING TO THE UNIVERSITY OF SOUTH CAROLINA ATHLETIC FACILITIES REVENUE BONDS, SO AS TO RAISE THE OUTSTANDING DEBT LIMIT FOR THESE BONDS FROM FORTY MILLION TO SIXTY MILLION DOLLARS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3297 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM SALES TAX, INCLUDING PRESCRIPTION MEDICATIONS, SO AS TO ALSO INCLUDE IN THIS EXEMPTION, PRESCRIPTIONS FOR THE TREATMENT OF RHEUMATOID ARTHRITIS.
Ordered for consideration tomorrow.
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report on:
H. 3580 (Word version) -- Reps. Scott, Hosey, Vick, Clyburn, J. Hines, Govan, McCraw, Clark, Anthony, Bales, Branham, Breeland, J. Brown, R. Brown, Ceips, Chalk, Cooper, Davenport, Edge, Emory, Frye, Hamilton, Hardwick, Harrison, Herbkersman, M. Hines, Jefferson, Littlejohn, Mack, Martin, Moody-Lawrence, Ott, Owens, Parks, Phillips, Rhoad, Rice, Simrill, D. C. Smith, G. R. Smith, J. E. Smith, Taylor, Townsend, Umphlett and Witherspoon: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3768 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-21-1085 SO AS TO PROVIDE FOR SALES AND USE TAXES ON BEER AND WINE; BY ADDING SECTION 12-28-1400 SO AS TO REQUIRE THE REPORTING THE DEPARTMENT OF REVENUE REQUIRES BY REGULATION FOR PURPOSES OF THE USER FEE ON MOTOR FUELS AND PROVIDE AN ADDITIONAL CIVIL PENALTY FOR VIOLATORS; BY ADDING SECTION 12-54-123 SO AS TO PROTECT FROM LIABILITY A PERSON WHO SURRENDERS THE PROPERTY OF ANOTHER LEVIED ON BY THE DEPARTMENT OF REVENUE; BY ADDING CHAPTER 55 TO TITLE 12, ENACTING THE OVERDUE DEBT COLLECTION ACT AUTHORIZING THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO IMPOSE A COLLECTION ASSISTANCE FEE ON CERTAIN OVERDUE TAX DEBTS EQUAL TO TWENTY PERCENT OF THE OVERDUE AMOUNT AND TO ALLOW THE DEPARTMENT TO RETAIN A PORTION OF THE COLLECTION ASSISTANCE FEE FOR ITS OPERATION; BY ADDING SECTION 61-4-725 SO AS TO ALLOW A LICENSED WINERY TO SELL, DELIVER, AND PERMIT ON-PREMISES CONSUMPTION ON SUNDAYS IN JURISDICTIONS WHERE MINIBOTTLE SALES ARE ALLOWED ON SUNDAYS; TO AMEND SECTION 4-29-67, AS AMENDED, RELATING TO THE FEE IN LIEU OF PROPERTY TAX, SO AS TO DELETE THE NET PERCENT VALUE METHOD OF CALCULATING ANNUAL FEE PAYMENTS; TO AMEND SECTION 6-1-320, AS AMENDED, RELATING TO THE LIMITS ON ANNUAL INCREASES IN LOCAL GOVERNMENT AND SCHOOL DISTRICT PROPERTY TAX MILLAGE, SO AS TO CLARIFY THE METHOD OF CALCULATING THE ALLOWED
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3767 (Word version) -- Rep. Kirsh: A BILL TO AMEND SECTION 12-2-75, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIGNATORIES TO TAX RETURNS, SO AS TO AUTHORIZE A QUALIFIED TAX PREPARER TO SIGN ELECTRONICALLY; TO AMEND SECTION 12-4-30, RELATING TO COMPOSITION OF THE DEPARTMENT OF REVENUE, SO AS TO DELETE OUT-DATED LANGUAGE; TO AMEND SECTION 12-4-540, RELATING TO APPRAISAL, ASSESSMENT, AND EQUALIZATION OF TAXABLE VALUES OF CORPORATE PROPERTY, SO AS TO MAKE A GRAMMATICAL CHANGE; TO AMEND SECTION 12-6-50, AS AMENDED, RELATING TO SECTIONS OF THE INTERNAL REVENUE CODE NOT ADOPTED BY SOUTH CAROLINA, SO AS TO ADD A CROSS REFERENCE; TO AMEND SECTION 12-6-1170, RELATING TO INCOME DEDUCTION FROM TAXABLE RETIREMENT INCOME, SO AS TO ADD CLARIFYING LANGUAGE; TO AMEND SECTION 12-6-1720, RELATING TO TAXABLE INCOME REPORTABLE BY A NONRESIDENT, SO AS TO INCLUDE LOTTERY AND BINGO WINNINGS; TO AMEND SECTION 12-6-3360, AS AMENDED, RELATING TO THE JOB TAX CREDIT, SO AS TO CORRECT A CROSS REFERENCE; TO
Rep. HARRELL, from the Committee on Ways and Means, submitted a favorable report with amendments on:
H. 3638 (Word version) -- Reps. Cotty, Edge, Clemmons, Barfield, Altman, Bales, Battle, Bingham, J. Brown, Ceips, Chellis, Clark, Cobb-Hunter, Cooper, Delleney, Govan, Hagood, Hardwick, Hayes, Huggins, Leach, Limehouse, Martin, Miller, J. H. Neal, Pinson, E. H. Pitts, M. A. Pitts, Rivers, Scarborough, Sinclair, Skelton, F. N. Smith, G. R. Smith, Toole, Townsend, Vick, Whipper, Whitmire and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1635 SO AS TO PROVIDE THAT ALCOHOLIC LIQUOR SOLD BY THE DRINK MUST BE PURCHASED ONLY FROM SPECIFICALLY LICENSED PERSONS; BY ADDING SECTION 61-6-1636 SO AS TO PROVIDE THAT CLASS A FEDERALLY LICENSED DISTRIBUTORS AND CLASS B LIQUOR STORES MAY DELIVER ALCOHOLIC LIQUORS ONLY TO ESTABLISHMENTS LICENSED FOR ON-
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3910 (Word version) -- Reps. Clark, Agnew, Anthony, Ballentine, Clyburn, Dantzler, Frye, Herbkersman, Jefferson, Leach, Littlejohn, Owens, D. C. Smith, J. R. Smith and Umphlett: A BILL TO AMEND SECTION 10-1-161, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS FLOWN AT HALF-STAFF ON THE STATE CAPITOL BUILDING, SO AS TO PROVIDE THAT THE GOVERNOR MAY DETERMINE THAT THE FLAGS BE FLOWN HALF-STAFF IN EXTRAORDINARY CIRCUMSTANCES OTHER THAN THOSE DESIGNATED.
Referred to Committee on Judiciary
H. 3911 (Word version) -- Reps. Parks, Agnew, Cobb-Hunter, Howard and Pinson: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES IMPOSED FOR LATE PAYMENT OF PROPERTY TAXES, SO AS TO PROVIDE THAT THESE PENALTIES ALSO APPLY TO A
H. 3914 (Word version) -- Rep. Ceips: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF A COMMISSION OF A SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICT, SO AS TO DELETE THE REQUIREMENT THAT MONIES REALIZED FROM FRONT-FOOT ASSESSMENTS, WHICH ARE LEVIED TO REIMBURSE A DISTRICT FOR THE COST OF INSTALLING SEWER LINES, MUST BE DEPOSITED IN A BANK LOCATED WITHIN THE COUNTY IN WHICH THE DISTRICT IS LOCATED.
Referred to Committee on Labor, Commerce and Industry
H. 3915 (Word version) -- Reps. Pinson, Parks, Anthony and M. A. Pitts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-325 SO AS TO AUTHORIZE A SPECIAL PURPOSE DISTRICT WHICH ONLY PROVIDES SEWAGE COLLECTION AND DISPOSAL SERVICES TO UTILIZE ANY METHOD OF FINANCING THE CONSTRUCTION OF SEWER LATERAL COLLECTION LINES NOTWITHSTANDING OTHER PROVISIONS OF LAW.
Referred to Committee on Labor, Commerce and Industry
H. 3916 (Word version) -- Reps. Chalk, Herbkersman and Ceips: A BILL TO AMEND SECTION 14-23-1130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GOVERNING BODY OF EACH COUNTY TO PROVIDE THE JUDGE OF PROBATE WITH THE NECESSARY OFFICE EQUIPMENT, BOOKS, OFFICE SPACE, AND PERSONNEL FOR THE OPERATION OF THE COURT, SO AS TO PROVIDE THAT THESE JUDGES HAVE ABSOLUTE CONTROL OVER THESE MATTERS, INCLUDING USE OF BUDGETED FUNDS, EMPLOYEE CLASSIFICATIONS, COMPENSATION, AND PROMOTIONS.
Referred to Committee on Judiciary
H. 3917 (Word version) -- Reps. Viers, Rice and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-9550 SO AS TO PROVIDE THAT A LOCAL
H. 3918 (Word version) -- Reps. Viers, Witherspoon, Barfield and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-95-25 SO AS TO PROVIDE THAT A LOCAL GOVERNMENT MAY NOT ENACT AN ORDINANCE THAT PROHIBITS SMOKING IN A RESTAURANT.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 3919 (Word version) -- Reps. Viers, Loftis, Witherspoon, Clemmons, Hardwick, Barfield, Davenport, Hamilton, Herbkersman, Jefferson, Rhoad and Rice: A BILL TO AMEND SECTION 12-37-224, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION OF A MOTOR HOME AS REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXES AND THE REQUIREMENTS NECESSARY FOR THAT CLASSIFICATION, SO AS TO INCLUDE BOATS WITHIN THE CLASSIFICATION IF THEY MEET THE SAME REQUIREMENTS, AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT A SUFFICIENT AMOUNT OF THE FAIR MARKET VALUE OF A WATERCRAFT AND OF THE COMBINED VALUE OF A WATERCRAFT AND ITS MOTOR, IF TAXED SEPARATELY, TO LIMIT TO ONE THOUSAND FIVE HUNDRED DOLLARS THE PROPERTY TAX DUE ON THE WATERCRAFT OR BOTH THE WATERCRAFT AND THE MOTOR, FOR ONE PROPERTY-TAX YEAR.
Referred to Committee on Ways and Means
H. 3920 (Word version) -- Reps. Viers and Hardwick: A BILL TO AMEND SECTION 5-31-1910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF WATER AND ELECTRIC SERVICES BEYOND CORPORATE LIMITS OF A MUNICIPALITY, SO AS TO PROHIBIT A MUNICIPALITY EXTENDING WATER OR ELECTRIC SERVICES TO
H. 3921 (Word version) -- Rep. Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-172 SO AS TO PROVIDE THAT MOBILE DENTAL FACILITIES OR PORTABLE DENTAL OPERATIONS MUST BE REGISTERED WITH THE STATE BOARD OF DENTISTRY, TO PROVIDE REGISTRATION CRITERIA, AND TO ESTABLISH FACILITY OPERATION REQUIREMENTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs
S. 401 (Word version) -- Senator Sheheen: A BILL TO AMEND SECTION 59-149-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY OF A STUDENT TO RECEIVE A LIFE SCHOLARSHIP, SO AS TO INCLUDE A STUDENT WHOSE PARENT OR GUARDIAN IS IN THE MILITARY OR HAS RETIRED FROM THE MILITARY WITHIN FOUR YEARS OF THE DATE THE STUDENT APPLIES FOR THE SCHOLARSHIP IF THE PARENT OR GUARDIAN HAS PAID INCOME TAXES IN THIS STATE FOR A MAJORITY OF THE YEARS OF MILITARY SERVICE AND IS A RESIDENT OF THIS STATE.
Referred to Committee on Education and Public Works
S. 618 (Word version) -- Senators Alexander, Setzler, Short, Verdin and Knotts: A BILL TO ENACT THE STATE RETIREMENT SYSTEM PRESERVATION AND INVESTMENT REFORM ACT BY AMENDING SECTION 9-1-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EARNING LIMIT APPLICABLE TO RETIRED MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM WHO RETURN TO COVERED EMPLOYMENT, SO AS TO REQUIRE THESE MEMBERS TO PAY THE EMPLOYEE CONTRIBUTION FOR ACTIVE MEMBERS; BY AMENDING SECTION 8-11-620, AS AMENDED, RELATING TO LUMP SUM PAYMENTS FOR ANNUAL LEAVE FOR STATE EMPLOYEES, SO AS TO POSTPONE THIS LUMP SUM FOR TERI PARTICIPANTS UNTIL THE EMPLOYEE ENDS TERI PARTICIPATION; BY AMENDING SECTION 9-1-2210, RELATING TO THE TERI PROGRAM, SO AS
The following was introduced:
H. 3912 (Word version) -- Reps. Scott, 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, 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, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO RECOGNIZE THE TEMPLE ZION BAPTIST CHURCH OF COLUMBIA ON THE OCCASION OF ITS HISTORIC ONE HUNDREDTH ANNIVERSARY, AND COMMEND THE CHURCH FOR ONE HUNDRED YEARS OF SERVICE TO THE COMMUNITY.
The Resolution was adopted.
The following was introduced:
H. 3913 (Word version) -- Reps. Scott, 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,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 739 (Word version) -- Senators Hawkins and Reese: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT APPROPRIATE SIGNS AT THE TOWN OF INMAN'S TOWN LIMITS AT ITS INTERSECTION WITH UNITED STATES HIGHWAY 176 AND SOUTH CAROLINA HIGHWAY 292 THAT CONTAIN THE WORDS "INMAN, SOUTH CAROLINA HOME OF JEANNA RANEY MISS SOUTH CAROLINA 2001".
The Concurrent Resolution was ordered referred to the Spartanburg Delegation.
The Senate sent to the House the following:
S. 740 (Word version) -- Senators Drummond, Campsen, Patterson, Alexander, Bryant, Cromer, Grooms, Ford, Verdin, Leatherman, Malloy, Martin, McConnell, Elliott, Richardson, O'Dell, J. V. Smith, Hayes, Peeler, Ritchie, Anderson, McGill, Scott, Setzler, Knotts, Gregory, Land,
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
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 Dantzler Davenport Delleney Duncan Edge Emory Frye Funderburk Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hosey Howard Huggins Jefferson Kennedy Kirsh Leach Lee Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence J. M. Neal Norman Ott Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice
Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. R. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Viers Walker Weeks White Whitmire Witherspoon Young
I came in after the roll call and was present for the Session on Wednesday, April 13.
Bill Cotty G. Murrell Smith Joseph Neal Davey Hiott Jerry Govan Douglas Jennings Denny Neilson Todd Rutherford Jackson "Seth" Whipper James E. Stewart
The SPEAKER PRO TEMPORE granted Rep. WILKINS a leave of absence for the day to attend a meeting of the West Point Board of Visitors.
Reps. HOWARD and WHIPPER signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 12.
Reps. HOSEY and RHOAD presented to the House the Jefferson Davis Academy "Lady Raiders" Basketball Team, the 2004 South Carolina Independent School Association Class A Champions, their coach and other school officials.
Rep. SANDIFER presented to the House Ann Ashley Wood, Miss South Carolina 2004 and the 2005 Miss South Carolina Contestants.
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. 3213 (Word version)
Date: ADD:
04/13/05 HAGOOD
Bill Number: H. 3213 (Word version)
Date: ADD:
04/13/05 CHELLIS
Bill Number: H. 3499 (Word version)
Date: ADD:
04/13/05 HAGOOD
Bill Number: H. 3647 (Word version)
Date: ADD:
04/13/05 YOUNG
Bill Number: H. 3647 (Word version)
Date: ADD:
04/13/05 RUTHERFORD
Bill Number: H. 3881 (Word version)
Date: ADD:
04/13/05 BRADY
Bill Number: H. 3885 (Word version)
Date: ADD:
04/13/05 COTTY
Bill Number: H. 3885 (Word version)
Date: ADD:
04/13/05 BRADY
Bill Number: H. 3777 (Word version)
Date: REMOVE:
04/13/05 BOWERS
Bill Number: H. 3213 (Word version)
Date: REMOVE:
04/13/05 DANTZLER
The following Bill was taken up:
S. 655 (Word version) -- Senators McConnell and Campsen: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE CREATION OF THE CHARLESTON COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT THE CHARLESTON COUNTY SCHOOL DISTRICT MAY NOT DENY A CHARTER SCHOOL, CHARTER SCHOOL TEACHER, OR CHARTER SCHOOL STUDENT ANYTHING THAT IS OTHERWISE AVAILABLE TO A PUBLIC SCHOOL, PUBLIC SCHOOL
Rep. BREELAND spoke against the Bill.
The Bill was read second time and ordered to third reading by a division vote of 8 to 3.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:
H. 3478 (Word version) -- Rep. Huggins: A BILL TO AMEND SECTION 40-57-145, AS AMENDED, RELATING TO GROUNDS FOR DENIAL OF LICENSURE OR FOR DISCIPLINARY ACTION AGAINST REAL ESTATE PROFESSIONALS, INCLUDING BROKERS, AGENTS, AND PROPERTY MANAGERS, SO AS TO CLARIFY THAT PAYMENT OF A COMMISSION OR COMPENSATION TO AN UNLICENSED INDIVIDUAL IS PROHIBITED FOR CONDUCTING ACTIVITIES REQUIRING A LICENSE AND TO FURTHER PROVIDE WHEN SUCH PAYMENTS ARE AUTHORIZED.
H. 3184 (Word version) -- Reps. Harrison, G. R. Smith, Whipper, Cato, G. M. Smith and Weeks: 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
H. 3299 (Word version) -- Rep. Ceips: A BILL TO AMEND CHAPTER 23, TITLE 57 OF THE 1976 CODE OF LAWS, BY ADDING ARTICLE 4 SO AS TO ESTABLISH THE "OLD SHELDON CHURCH ROAD SCENIC BYWAY".
H. 3891 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO SOUTH CAROLINA HOPE SCHOLARSHIP, DESIGNATED AS REGULATION DOCUMENT NUMBER 2946, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3892 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO UTILIZATION OF GENERIC TEACHER CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 2964, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3893 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ASSISTING, DEVELOPING, AND EVALUATING PROFESSIONAL TEACHING (ADEPT), DESIGNATED AS REGULATION DOCUMENT NUMBER 2941, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3894 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO PALMETTO FELLOWS SCHOLARSHIP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2948, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3898 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO ADMINISTRATIVE AND PROFESSIONAL PERSONNEL QUALIFICATIONS, DUTIES AND WORKLOADS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2940, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The motion of Rep. RICE to reconsider the vote whereby the following Bill was given a second reading was taken up:
S. 406 (Word version) -- Senator Ryberg: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE PROGRAM IN ACCORDANCE WITH THE FEDERAL MOTOR CARRIER SAFETY REGULATIONS; BY ADDING SECTION 56-1-2111, SO AS TO PROVIDE CIRCUMSTANCES WHEN THE DEPARTMENT OF MOTOR VEHICLES SHALL NOT ISSUE A COMMERCIAL DRIVER'S LICENSE, OR A COMMERCIAL SPECIAL LICENSE OR PERMIT; BY ADDING SECTION 56-1-2112, SO AS TO PROVIDE THAT A DRIVER WHO IS CONVICTED OF OPERATING A COMMERCIAL VEHICLE IN VIOLATION OF CERTAIN RAILROAD-HIGHWAY GRADE CROSSING PROVISIONS IS DISQUALIFIED FROM OPERATING A COMMERCIAL MOTOR VEHICLE FOR A CERTAIN PERIOD OF TIME; TO AMEND SECTION 56-1-2030, RELATING TO DEFINITIONS OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITIONS OF THE TERMS "CONVICTION",
Rep. RICE moved to adjourn debate on the motion to reconsider, which was agreed to.
The following Bill was taken up:
S. 49 (Word version) -- Senators Hayes, Elliott, Hutto, Leventis, Rankin, Patterson, Land, Short, Richardson, Lourie, McConnell and Courson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-290 SO AS TO REQUIRE HEALTH INSURANCE PLANS TO PROVIDE COVERAGE FOR TREATMENT OF MENTAL ILLNESS OR ALCOHOL OR SUBSTANCE ABUSE, TO ALLOW A PLAN THAT DOES NOT PROVIDE FOR MANAGEMENT OF CARE OR THE SAME DEGREE OF MANAGEMENT OF CARE FOR ALL HEALTH CONDITIONS TO PROVIDE COVERAGE FOR SUCH TREATMENT THROUGH A MANAGED CARE ORGANIZATION, TO ESTABLISH TREATMENT CONDITIONS TO QUALIFY FOR COVERAGE, AND TO REQUIRE THE DEPARTMENT OF INSURANCE TO REPORT TO THE GENERAL ASSEMBLY ON THE FISCAL IMPACT.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\ 7406AHB05), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 38-71-290(A)(1), as contained in SECTION 1, page 1, beginning on line 33, and inserting:
/ (1) 'Health insurance plan' means a health insurance policy or health benefit plan offered by a health insurer or a health maintenance organization, including a qualified health benefit plan offered or administered by the State, as qualified by SECTION 3 of this act, or a subdivision or instrumentality of the State, that provides health insurance coverage as defined by Section 38-71-670(6); /
(1) limit the provision of specialized medical services for individuals with mental health disorders;
(2) supersede the provisions of federal law, federal or state Medicaid policy, or the terms and conditions imposed on a Medicaid waiver granted to the State for the provision of services to individuals with mental health disorders;
(3) require a health insurance plan to provide rates, terms, or conditions for access to treatment for mental illness that are identical to rates, terms, or conditions for access to treatment for a physical condition; or
(4) prohibit a health insurance plan from limiting coverage for mental health conditions to a total of forty-five days of inpatient care and sixty outpatient visits for each insured for a plan year." /
Amend the bill further, by deleting in its entirety SECTION 2, page 3, beginning on line 26, and inserting:
/ SECTION 2. Before July 1, 2008, the Department of Insurance shall report to the General Assembly an estimate of the impact of this act on health insurance costs. /
Amend the bill further, by deleting in its entirety SECTION 3, page 4, beginning on line 1, and inserting:
/ SECTION 3. The State Employee Insurance Program shall continue to provide mental health parity in the same manner and with the same management practices as included in the plan beginning in 2002, and is not under the jurisdiction of the Department of Insurance. The continuation by the State Employee Insurance Program of providing mental health parity in accordance with the plan set forth in 2002 constitutes compliance with this act. /
Renumber sections to conform.
Amend title to conform.
Rep. TRIPP explained the amendment.
The amendment was then adopted.
Rep. TRIPP explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up, read the second time, and ordered to a third reading:
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.
Rep. WHITE explained the Bill.
The following Bill was taken up:
S. 22 (Word version) -- Senators Knotts, McConnell, Leventis, Sheheen, Hayes, Alexander, Ford, McGill, Williams and Malloy: 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,
Rep. G. M. SMITH proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7413AHB05), which was adopted:
Amend the bill, as and if amended, by deleting in its entirety Section 14-7-1610(E), as contained in SECTION 1, page 3, beginning on line 11, and inserting:
/ (E) The General Assembly finds that there is a need to enhance the grand jury system to improve the ability of the State to detect and investigate crimes which result in actual and substantial harm to the environment. These crimes include, but are not limited to, offenses specified in Titles 13, 44, and 48, or any crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a crime involving the environment if the anticipated damages, including, but not limited to, the cost of remediation, are three million dollars or more.
(1) The General Assembly finds that the South Carolina Department of Health and Environmental Control possesses the expertise and knowledge to determine whether there has occurred an alleged environmental offense as defined in this article;
(2) The General Assembly finds that because of its expertise and knowledge, the Department of Health and Environmental Control must play a substantial role in the investigation of any such alleged environmental offense;
(3) The General Assembly finds that, while the Department of Health and Environmental Control must not make prosecutorial decisions regarding such alleged environmental offense as defined in this article, the department must be integrally involved in the
(4) The General Assembly finds that it is in the public interest to avoid duplicative and overlapping prosecutions to the extent that the Attorney General considers possible. Therefore, the Attorney General shall consult with and advise the Environmental Protection and Enforcement Coordinating Subcommittee and cooperate with other state and federal prosecutorial authorities having jurisdiction over environmental enforcement in order to carry out the provisions of Sections 14-7-1630(A)(8) and 14-7-1630(C). /
Amend the bill further, by deleting in its entirety, Section 14-7-1630(A)(8), as contained in SECTION 2, page 5, beginning on line 30, and inserting:
/ (8) a knowing and willful crime involving actual and substantial harm to the water, ambient air, soil or land, or both soil and land. Such a crime includes a knowing and willful violation of the Pollution Control Act, the Atomic Energy and Radiation Control Act, the State Underground Petroleum Environmental Response Bank Act, the State Safe Drinking Water Act, the Hazardous Waste Management Act, the Infectious Waste Management Act, the Solid Waste Policy and Management Act, the Erosion and Sediment Control Act, the South Carolina Mining Act, and the Coastal Zone Management Act, or any knowing and willful crime arising out of or in connection with environmental laws, or any attempt, aiding, abetting, solicitation, or conspiracy to commit a knowing and willful crime involving the environment if the anticipated actual damages, including, but not limited to, the cost of remediation, are three million dollars or more, as certified by an independent environmental engineer who shall be contracted by the Department of Health and Environmental Control. If the knowing and willful crime is a violation of federal law, then a conviction or an acquittal under federal law for the same act is a bar to the impaneling of a state grand jury pursuant to this section. /
Renumber sections to conform.
Amend title to conform.
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2524SJ05):
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. This act may be cited as the Students Health and Fitness Act of 2005.
SECTION 2. Title 59 of the 1976 Code is amended by adding:
"Section 59-10-10. The General Assembly finds that:
(1) South Carolina is ranked among the highest in the nation in obesity rates.
(2) Three out of every five adults in our State are either overweight or obese.
(3) Fifty percent of obese children will become obese adults.
(4) Only two percent of school-age children meet the recommended minimum number of servings for all five food groups on the classic food pyramid.
(5) Twenty-five percent of children ages five to ten have high cholesterol, high blood pressure, or other early warning signs of heart disease.
(6) The National Institute of Health research shows that inactivity has major implications on a child's academic performance.
(7) The Centers for Disease Control report that for the first time in over one hundred years the current generation of people will have a lesser life span than the previous generation due to a sedentary lifestyle.
Section 59-10-15. (A) The certified physical education teacher to student ratio is designed to provide students in kindergarten through fifth grade scheduled physical activity by a certified physical education teacher either every day or on alternate days throughout the school year. The goal of this article is to provide every elementary student with the equivalent of thirty minutes of physical education daily.
(1) Beginning with the 2005-06 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 700 to 1.
(2) Beginning with the 2006-07 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 600 to 1.
(3) Beginning with the 2007-08 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 500 to 1.
(B) The physical education instruction taught by certified physical education teachers employed pursuant to subsection (A) must be based on the South Carolina Physical Education Curriculum
(C) Each district shall make every effort to ensure that the schools in its district have age appropriate equipment and facilities to implement the physical education curriculum standards.
(D) During each year of implementation of the reduced student to physical education teacher ratio, each district shall report to the State Department of Education by June 15, the number of minutes of physical education instruction students receive daily with a total for the week. The report must be listed by elementary school and by individual class and grade level. The State Department of Education shall report this information to the General Assembly by August first of each year of implementation.
Section 59-10-20. Each public school in this State shall administer the South Carolina Physical Education Assessment. Assessment of students in second grade, fifth grade, eighth grade, and high school must be used to assess the effectiveness of the school's physical education program and its adherence to the South Carolina Physical Education Curriculum Standards. The State Department of Education shall develop a procedure for calculating a district and school physical education program effectiveness score. The district and school physical education effectiveness score must be reported to the education community through the district and school report card.
Section 59-10-30. The physical education teachers in a school that receives an unsatisfactory program effectiveness score pursuant to Section 59-10-20, will be provided professional development activities designed to assist it in improving its programs' effectiveness.
Section 59-10-40. Each elementary school shall designate a physical education teacher to serve as its Physical Education Activity Director. The Physical Education Activity Director shall coordinate opportunities for additional physical activity for students and teachers that exceed the designated weekly student instruction times that may include, but not be limited to, before, during, and after school dance instruction, fitness trail programs, intramural programs, bicycling programs, walking programs, recess, and activities designed to promote physical activity opportunities in the classroom. The director annually
Section 59-10-50. The implementation of decreased student to teacher ratio and increased instruction in physical education pursuant to Section 59-10-10 is not intended to replace or reduce time dedicated to instruction in the arts taught by certified arts specialists.
Section 59-10-210. (A) The General Assembly finds that one goal of public education is to assist all students in reaching their full academic potential. In this regard, school nurses:
(1) are instrumental in early detection of health problems that can interfere with learning or lead to more serious or disabling health conditions;
(2) prevent disease by teaching and encouraging healthy lifestyles and habits that have lifelong implications for children and their families;
(3) provide valuable health services, including administering medications and care management necessary for those students who have chronic or episodic health conditions and disabilities;
(4) care for students who incur injuries at school including injuries that require medical attention;
(5) assist families and students in accessing health care and procuring community health services;
(6) contribute to a child's ability to learn by improving overall health, therefore encouraging school attendance, readiness to learn, and enhanced learning potential and achievement; and
(7) provide direct health services and professional advice to teachers and staff members regarding health problems and concerns.
(B) The General Assembly believes that each elementary public school in this State should have a full-time school nurse.
Section 59-10-220. Beginning with the 2006-07 school year, the General Assembly, annually in the General Appropriations Act, shall appropriate funds to the Department of Education for providing licensed nurses for elementary public schools. The State Department of Education shall make these funds available through a grant program and shall distribute the funds to the local school districts on a per school basis.
Section 59-10-310. In an effort to promote optimal healthy eating patterns, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report.
Section 59-10-320. (A) The State Department of Education is encouraged to make available to the school districts of the State an age-appropriate, proven-effective nutrition education curriculum aligned with the South Carolina Health and Safety Education Curriculum Standards.
(B) The State Department of Education shall make available to each school district a coordinated school health model designed to address health issues of children. The program must provide for coordinating the following eight components: safe and healthy environment, physical education, health education, staff wellness, health services, guidance and psycho-social health, nutrition services, and parent and community involvement. The Department of Education shall notify each school district of the availability of professional development opportunities and provide technical assistance for implementing the coordinated school health model.
(C) The Department of Education shall develop or adopt an assessment program to evaluate district and school health education programs. At a minimum, the assessment must be designed to determine program effectiveness and adherence to South Carolina Health and Safety Education Curriculum Standards. The State Department of Education shall begin piloting health education assessments in the 2006-07 school year with full implementation in all schools in the 2008-09 school year.
Section 59-10-330. (A) Each school district shall establish and maintain a Coordinated School Health Advisory Council (CSHAC) to assess, plan, implement, and monitor district and school health policies and programs, including the development of a district wellness policy to begin implementation in the 2006-07 school year. The council must be composed of community and school representatives from the following areas:
(1) physical education;
(2) nutrition services;
(3) health education;
(4) health services;
(5) counseling, psychological, and social services;
(6) local health department;
(7) school administration; and
(8) other individuals to include students, parents, district food service employees, and school board members.
(B) Each district, in collaboration with the CSHAC, shall develop a school health improvement plan that addresses strategies for improving student nutrition, health, and physical activity and includes the district's wellness policy. The district health improvement plan goals and progress toward those goals must be included in the district's strategic plan required pursuant to Section 59-20-60. Health improvement plans must be submitted to the Department of Education and must include a timeline for implementation beginning July 1, 2007. Progress reports on implementation must be provided annually to the department until implementation is complete.
(C) Professional development in health and safety education, to include nutrition education, must be provided to teachers in kindergarten through fifth grades annually.
(D) Each school board of trustees shall establish health and nutrition policies for its elementary schools designed to limit vending sales and sales of foods and beverages other than school meals, except for sales of milk, juice, entrees, bread, fruits, vegetables, and a food item that is considered a meal component.
Section 59-10-340. Each elementary school shall establish and maintain a school-level Coordinated School Health Advisory Council with membership representing areas outlined in Section 59-10-340 (A). Each school shall use the assessment tool made available by the State Department of Education to assess current school health programs using the state assessment model, develop a plan to improve health programs, assist in the implementation of the improvement plan, and monitor and evaluate the school health programs. The school health improvement plan goals and progress toward those goals must be included in the school's strategic plan required pursuant to Section 59-20-60.
Section 59-10-350. (A) An elementary school may not provide to students at any time during the school day foods of minimal nutritional value. However, this policy does not restrict the food that a parent or guardian may provide for his child's consumption at school. A school district board of trustees may adopt a more restrictive policy.
(B) Each elementary school shall remove food, soda, and carbonated vending machines from public areas. However, beverage vending machines selling only products that contain one hundred percent fruit juice or bottled water, and food vending machines selling only products that meet state and USDA guidelines as a healthy snack may be located in public areas. Each district's Coordinated School Health Advisory Council established pursuant to Section 59-10-340 shall determine which snacks may be sold in vending machines in elementary schools.
Section 59-10-360. Each elementary school shall provide students a minimum of twenty minutes to eat lunch once they have received their food. In determining the total length of the lunch period, time to and from the cafeteria, time to go through the line, and time to bus trays at the end of lunch must be considered.
Section 59-10-370. Students in kindergarten through fifth grade shall receive nutrition education weekly as a part of health and safety education instruction.
Section 59-10-380. Each phase of implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board. There is no mandatory financial obligation to school districts if state funding is not appropriated for each phase of implementation as provided for in the fiscal impact statement of the Office of the State Budget of the State Budget and Control Board."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WALKER explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. WALKER having the the floor.
On motion of Rep. LUCAS, with unanimous consent, the following Bill was ordered recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Judiciary:
On motion of Rep. NEILSON, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:
H. 3472 (Word version) -- Reps. Neilson, J. Hines and Lucas: A BILL TO PROVIDE THAT EACH MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE SHALL BE ALLOWED AND PAID FROM DARLINGTON COUNTY "C" FUND REVENUES SEVENTY-FIVE DOLLARS FOR EACH MEETING AT WHICH HE IS IN ATTENDANCE, TO PROVIDE THAT THE COMMITTEE SHALL RECEIVE THE PAYMENT AUTHORIZED IN THIS ACT UPON ISSUANCE OF APPROVED VOUCHERS BY THE COMMITTEE'S CHAIRMAN, EXCEPT THAT THE CHAIRMAN MAY NOT APPROVE VOUCHERS IN ANY SINGLE FISCAL YEAR WHICH VOUCHERS AUTHORIZE PAYMENT FOR MORE THAN FIFTEEN MEETINGS PER FISCAL YEAR FOR EACH MEMBER OF THE COMMITTEE, AND TO PROVIDE THAT THE CHAIRMAN OF THE DARLINGTON COUNTY LEGISLATIVE DELEGATION SHALL BE AN EX OFFICIO NONVOTING MEMBER OF THE DARLINGTON COUNTY TRANSPORTATION COMMITTEE.
The Senate amendments to the following Concurrent Resolution were taken up for consideration:
H. 3620 (Word version) -- Reps. Sandifer and Jennings: A CONCURRENT RESOLUTION TO DESIGNATE APRIL 29, 2005, AS "DALE EARNHARDT DAY" IN SOUTH CAROLINA.
The House refused to agree to the Senate amendments and a message was ordered sent accordingly.
The motion period was dispensed with on motion of Rep. SINCLAIR.
The following Bill was taken up:
H. 3213 (Word version) -- Reps. Davenport, Vaughn, Toole, Tripp, Vick, Simrill, Bingham, J. R. Smith, Rice, Talley, G. Brown, Barfield, Owens, M. A. Pitts, G. R. Smith, Hamilton, White, Clark, Walker, Pinson, Loftis, Leach, McGee, W. D. Smith, Viers, Cato, Perry, Delleney, Altman, Cooper, Haskins, Huggins, Littlejohn, Hiott, Mahaffey, Wilkins, Merrill, D. C. Smith, Herbkersman, Bailey, Ceips, J. Brown, G. M. Smith, Weeks, Coates, F. N. Smith, E. H. Pitts, Thompson, Young, Duncan, Hagood and Chellis: 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.
Reps. RICE, LITTLEJOHN, SKELTON, DELLENEY, TALLEY and DAVENPORT requested debate on the Bill.
Rep. RIVERS proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7421SJ05), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
Rep. RIVERS explained the amendment.
The amendment was then adopted.
Rep. KENNEDY moved to recommit the Bill to the Committee on Judiciary.
Rep. DELLENEY moved to table the motion.
Rep. LEACH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady Cato Ceips Chalk Chellis Clark Clemmons Coates Coleman Cooper Cotty Davenport Delleney Duncan Edge Emory Frye Govan Hagood Haley Hamilton Hardwick Harrell Harrison Haskins Hayes Herbkersman Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill J. H. Neal J. M. Neal Norman Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers
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 Talley Taylor Thompson Toole Townsend Vaughn Vick Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Anderson Bowers J. Brown R. Brown Cobb-Hunter Funderburk J. Hines Kennedy Mack McLeod Miller Moody-Lawrence Neilson Parks Rutherford Whipper
So, the motion to recommit the Bill was tabled.
Rep. KENNEDY moved to table the Bill.
Rep. DAVENPORT demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Anderson Breeland J. Brown R. Brown Cobb-Hunter J. Hines Kennedy Lee Mack McLeod Moody-Lawrence Rutherford J. E. Smith Whipper
Allen Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Brady G. Brown Cato Ceips Chalk Chellis Clark Clemmons Coates Coleman Cooper Davenport Delleney Duncan Edge Emory Frye Funderburk Govan Hagood Haley Hamilton Harrison Haskins Hayes Herbkersman Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill J. H. Neal J. M. Neal Neilson Norman Ott Owens Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scott Simrill Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Vaughn Vick Walker Weeks White Whitmire Witherspoon Young
So, the House refused to table the Bill.
Rep. FUNDERBURK proposed the following Amendment No. 2 (Doc Name COUNCIL\NBD\11684AC05), which was tabled:
Amend the bill, as and if amended, page 2, immediately after line 10 by inserting:
Rep. FUNDERBURK explained the amendment.
Rep. DELLENEY moved to table the amendment.
Rep. HAMILTON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Altman Bailey Barfield Bingham Brady G. Brown Cato Ceips Chalk Clark Clemmons Coates Cooper Davenport Delleney Duncan Edge Frye Hamilton Hardwick Harrell Harrison Haskins Herbkersman Hinson Hiott Huggins Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McGee McLeod Merrill Norman Owens Perry E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick
Walker Whipper White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Anthony Bales Battle Bowers Breeland J. Brown R. Brown Clyburn Cobb-Hunter Coleman Cotty Emory Funderburk Govan Hayes J. Hines Hosey Jefferson Jennings Kennedy Lee Mack McCraw Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Parks Phillips Rutherford Scott J. E. Smith Weeks
So, the amendment was tabled.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Altman Anthony Bailey Bales Ballentine Barfield Battle Bingham Bowers Brady Branham G. Brown J. Brown Cato Ceips Chalk Chellis Clark Clemmons Clyburn Coates Coleman Cooper Davenport Delleney Duncan Edge Emory Frye Govan Haley Hamilton Harrell Harrison Haskins Hayes
Herbkersman J. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kirsh Leach Limehouse Littlejohn Loftis Lucas Mahaffey Martin McCraw McGee Merrill Miller J. M. Neal Neilson Norman Ott Owens Perry Phillips E. H. Pitts M. A. Pitts Rhoad Rice Rivers Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith F. N. Smith G. M. Smith G. R. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Tripp Umphlett Vaughn Vick Walker Weeks White Whitmire Witherspoon Young
Those who voted in the negative are:
Agnew Allen Anderson Breeland R. Brown Cobb-Hunter Cotty Funderburk Kennedy Lee Mack McLeod Moody-Lawrence J. H. Neal Parks Rutherford J. E. Smith Whipper
So, the Bill, as amended, was read the second time and ordered to third reading.
It is with deep regret that we felt compelled to vote against this Bill - not because we are against the "right to life," but because this Bill does not and cannot define "life" in a manner which respects the values
The Right to Life is a far more complex concept than the few words given to it in this Bill. Our personal faith and core values teach us to respect the sanctity of life. However, persons of all faiths must be treated equally under the law, and in a matter such as this, it is not the legislature's place to substitute the wishes of some for the rights of all.
This Law seeks to insert the opinions of politicians in matters that traditionally have been and should be left to women, with the counsel of their families, their health care providers, and their faith.
There is no public consensus about whether a woman should be forced to bear a child that is the result of incest or rape. There is no public consensus about whether a woman should be forced to carry a child to term, if that action may result in her own death or permanent disability. These are personal and difficult decisions, which historically have been and should continue to be vested in the individual - not in the State.
Laurie Slade Funderburk
Paul Agnew
James E. Smith, Jr.
I was temporarily out of the Chamber during the vote on H. 3213. Had I been present, I would have voted "yes" in favor of the Bill.
Rep. Gene Pinson
I was temporarily out of the Chamber during the vote on H. 3213. Had I been present, I would have voted "yes" in favor of the Bill.
Rep. Jim Stewart
Rep. SINCLAIR moved that the House recur to the Morning Hour, which was agreed to.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
H. 3467 (Word version) -- Reps. Rice and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO IMPOSE FINES FOR VIOLATIONS OF STATUTES AND REGULATIONS RELATING PROGRAMS REGULATED BY THE DEPARTMENT AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS CONTAINING REQUIREMENTS FOR EACH PROGRAM THE DEPARTMENT REGULATES, INCLUDING PROVISIONS TO ESTABLISH GUIDELINES FOR IMPOSING FINES AND RANGES OF FINES; AND TO ADD SECTION 20-7-2255 SO AS TO PROVIDE THAT LICENSURE FOR GROUP HOMES, CHILD CARING INSTITUTIONS, AND CHILD PLACING AGENCIES ARE EFFECTIVE FOR TWO YEARS AND THAT FIRE INSPECTIONS MUST BE CONDUCTED ANNUALLY FOR GROUP HOMES AND CHILD CARING INSTITUTIONS.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
H. 3741 (Word version) -- Reps. Ballentine, Wilkins, Harrell, Merrill, Ott, Hinson, Mack, Bowers, Taylor, Sinclair, Bales, Norman, Martin, Rutherford, Funderburk, Hiott, Cotty, Harrison, Haley, Govan, Scott, Vick, McGee, Anderson, Hardwick, Frye, W. D. Smith, Leach, J. H. Neal, G. R. Smith, Huggins, Skelton, McLeod, Cato, Witherspoon, Clemmons, Clark, Agnew, Barfield, Bingham, Brady, Branham, J. Brown, Ceips, Chalk, Cobb-Hunter, Cooper, Duncan, Herbkersman, Howard, Jefferson, Mahaffey, Neilson, Owens, Parks, Pinson, E. H. Pitts, M. A. Pitts, Rice, Sandifer, J. E. Smith, Talley, Thompson, Toole, Townsend, White, Umphlett, Allen, Simrill and Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-21-200 SO AS TO ESTABLISH WITHIN THE DIVISION OF AGING THE STATE LOAN REPAYMENT PROGRAM, TO REIMBURSE THE STUDENT LOAN PAYMENTS OF PHYSICIANS COMPLETING FELLOWSHIPS IN GERIATRICS
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3922 (Word version) -- Reps. Witherspoon, Ott, Umphlett, Barfield and Cato: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 18 SO AS TO ENACT THE "MERCURY SWITCH REMOVAL ACT OF 2005" IN ORDER TO ACHIEVE REDUCTIONS OF MERCURY IN THE ENVIRONMENT THROUGH REMOVAL AND COLLECTION OF MERCURY SWITCHES FROM MOTOR VEHICLES WEIGHING LESS THAN TWELVE THOUSAND POUNDS; TO PROVIDE THAT EVERY MANUFACTURER OF MOTOR VEHICLES SOLD IN THIS STATE TO WHICH THIS CHAPTER APPLIES SHALL DEVELOP A MERCURY MINIMIZATION PLAN TO BE FILED WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO PROVIDE FOR CERTAIN COSTS WITH REGARD TO THE COLLECTION AND RECOVERY OF MERCURY SWITCHES TO BE PAID BY THE VEHICLE MANUFACTURER; TO PROVIDE FOR OTHER RELATED PROVISIONS PERTAINING TO THE RECYCLING, STORAGE, AND DISPOSAL OF MERCURY SWITCHES, INCLUDING DESIGNATING MERCURY SWITCHES AS UNIVERSAL WASTE AND REQUIRING THE DEPARTMENT TO PROMULGATE
H. 3923 (Word version) -- Reps. Limehouse, Altman, Harrell, Merrill, Scarborough, Hinson, Dantzler, Chellis, Hagood and Ceips: A BILL TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PORTS AUTHORITY, BY ADDING ARTICLE 12 SO AS TO REQUIRE A FINGERPRINT-BASED CRIMINAL HISTORY CHECK OF EMPLOYEES OF THE PORTS AUTHORITY AND OTHER PERSONS ON TERMINALS ENGAGED IN ACTIVITIES RELATING TO CARGO MOVEMENT AT PORTS AUTHORITY FACILITIES, TO PROHIBIT THE EMPLOYMENT OF CERTAIN PERSONS AT PORTS AUTHORITY FACILITIES, AND TO PROVIDE FOR THE PROCEDURES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS.
Referred to Committee on Judiciary
H. 3924 (Word version) -- Rep. Herbkersman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-35 SO AS TO PROVIDE THAT IF A SCHOOL ZONE IS REDRAWN TO EXCLUDE A STUDENT WHO HAS ALREADY BEGUN TO ATTEND A SCHOOL, THE STUDENT MAY CONTINUE TO ATTEND THE SCHOOL WITHOUT PAYING THE REIMBURSEMENT FEE.
Referred to Committee on Education and Public Works
H. 3925 (Word version) -- Reps. Herbkersman, Chalk and Ceips: A BILL TO AMEND SECTION 59-63-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR ATTENDANCE OF A SCHOOL, SO AS TO CHANGE THE ASSESSED VALUE OF REAL ESTATE THAT A CHILD OWNS TO TEN THOUSAND DOLLARS AND TO EXCLUDE OWNERSHIP OF CEMETERY LOTS; AND TO PROVIDE THAT A CHILD WHO OWNS REAL ESTATE WITH AN ASSESSED VALUE OF THREE HUNDRED DOLLARS OR MORE BEFORE THE EFFECTIVE DATE OF THIS ACT MAY ATTEND THE PUBLIC SCHOOL IN THE SCHOOL DISTRICT IN WHICH THE REAL ESTATE IS LOCATED.
Referred to Committee on Education and Public Works
H. 3927 (Word version) -- Rep. Altman: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION, SO AS TO EXEMPT CHARLESTON COUNTY FROM SECTIONS 1, 2, 3, 4, AND 6 REQUIRING THE GENERAL ASSEMBLY TO PROVIDE FOR THE ASSESSMENT AND COLLECTION OF AD VALOREM TAXES ON PROPERTY LOCATED IN A POLITICAL SUBDIVISION AND TO DEVOLVE THOSE POWERS AND RESPONSIBILITIES UPON CHARLESTON COUNTY COUNCIL FOR PROPERTY LOCATED IN CHARLESTON COUNTY.
Referred to Committee on Judiciary
H. 3928 (Word version) -- Reps. Sinclair, Delleney, Littlejohn and Walker: A BILL TO AMEND SECTION 40-47-213, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCLOSURE OF INFORMATION RELATING TO BOARD PROCEEDINGS, SO AS TO FURTHER PROVIDE WHEN CERTAIN INFORMATION MUST BECOME AVAILABLE FOR PUBLIC INSPECTION AND COPYING, PROVIDE THE PROCESS FOR WHEN A PROCEEDING BECOMES PUBLIC, PROVIDE WHEN A WITNESS MAY PETITION THE BOARD TO CLOSE THE HEARING OR RECORD, AND PROVIDE WHEN THE BOARD MAY ISSUE AN ORDER TO PROTECT THE WITNESS FROM
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. WALKER having the floor:
H. 3499 (Word version) -- Reps. Harrell, Wilkins, Townsend, Leach, Bales, G. R. Smith, J. R. Smith, Battle, Cobb-Hunter, Neilson, Clark, Harrison, Skelton, Moody-Lawrence, Rice, Harvin, Ott, J. E. Smith, Merrill, Mack, Hinson, Cotty, Norman, Talley, Chellis, Hardwick, Clemmons, Bailey, Dantzler, Walker, Cooper, E. H. Pitts, Ballentine, Bowers, Huggins and Hagood: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10, ENTITLED PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS, TO TITLE 59 SO AS TO ESTABLISH PHYSICAL EDUCATION AND NUTRITIONAL STANDARDS IN ELEMENTARY SCHOOLS, TO PROVIDE FOR THE AMOUNT OF PHYSICAL EDUCATION INSTRUCTION A STUDENT IN KINDERGARTEN THROUGH FIFTH GRADE MUST RECEIVE EACH WEEK ON A PHASED-IN BASIS, PROVIDE FOR A MEASURE OF EFFECTIVENESS OF THE PHYSICAL EDUCATION PROGRAM IN ALL PUBLIC SCHOOLS, PROVIDE FOR A PHYSICAL EDUCATION ACTIVITY DIRECTOR, PROVIDE CERTAIN NUTRITIONAL STANDARDS FOR ELEMENTARY SCHOOLS, PROVIDE THAT ELEMENTARY SCHOOLS SHALL REMOVE CERTAIN FOOD AND DRINKS FROM VENDING MACHINES, PROVIDE THE MINIMUM AMOUNT OF TIME ELEMENTARY SCHOOL STUDENTS MUST HAVE TO EAT LUNCH, PROVIDE FOR THE ESTABLISHMENT OF A DISTRICT LEVEL AND AN ELEMENTARY SCHOOL LEVEL COORDINATED SCHOOL HEALTH ADVISORY COUNCIL AND PROVIDE ITS POWERS AND DUTIES, PROVIDE FOR NUTRITIONAL EDUCATION, AND PROVIDE A MEASURE OF EFFECTIVENESS OF HEALTH EDUCATION PROGRAMS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\2524SJ05), which was adopted:
"Section 59-10-10. The General Assembly finds that:
(1) South Carolina is ranked among the highest in the nation in obesity rates.
(2) Three out of every five adults in our State are either overweight or obese.
(3) Fifty percent of obese children will become obese adults.
(4) Only two percent of school-age children meet the recommended minimum number of servings for all five food groups on the classic food pyramid.
(5) Twenty-five percent of children ages five to ten have high cholesterol, high blood pressure, or other early warning signs of heart disease.
(6) The National Institute of Health research shows that inactivity has major implications on a child's academic performance.
(7) The Centers for Disease Control report that for the first time in over one hundred years the current generation of people will have a lesser life span than the previous generation due to a sedentary lifestyle.
Section 59-10-15. (A) The certified physical education teacher to student ratio is designed to provide students in kindergarten through fifth grade scheduled physical activity by a certified physical education teacher either every day or on alternate days throughout the school year. The goal of this article is to provide every elementary student with the equivalent of thirty minutes of physical education daily.
(1) Beginning with the 2005-06 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 700 to 1.
(2) Beginning with the 2006-07 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 600 to 1.
(3) Beginning with the 2007-08 school year, the student to certified physical education teacher ratio in the elementary schools of the State must be 500 to 1.
(B) The physical education instruction taught by certified physical education teachers employed pursuant to subsection (A) must be based on the South Carolina Physical Education Curriculum Standards and the weekly minutes of instruction must be distributed in a developmentally appropriate manner for each grade level. The student to teacher ratio in a physical education class may not exceed the average student to teacher ratio of 28 to 1. An individual student's fitness status must be reported to his parent or guardian during a student's fifth grade, eighth grade, and high school physical education courses.
(C) Each district shall make every effort to ensure that the schools in its district have age appropriate equipment and facilities to implement the physical education curriculum standards.
(D) During each year of implementation of the reduced student to physical education teacher ratio, each district shall report to the State Department of Education by June 15, the number of minutes of physical education instruction students receive daily with a total for the week. The report must be listed by elementary school and by individual class and grade level. The State Department of Education shall report this information to the General Assembly by August first of each year of implementation.
Section 59-10-20. Each public school in this State shall administer the South Carolina Physical Education Assessment. Assessment of students in second grade, fifth grade, eighth grade, and high school must be used to assess the effectiveness of the school's physical education program and its adherence to the South Carolina Physical Education Curriculum Standards. The State Department of Education shall develop a procedure for calculating a district and school physical education program effectiveness score. The district and school physical education effectiveness score must be reported to the education community through the district and school report card.
Section 59-10-30. The physical education teachers in a school that receives an unsatisfactory program effectiveness score pursuant to Section 59-10-20, will be provided professional development activities designed to assist it in improving its programs' effectiveness.
Section 59-10-40. Each elementary school shall designate a physical education teacher to serve as its Physical Education Activity Director. The Physical Education Activity Director shall coordinate
Section 59-10-50. The implementation of decreased student to teacher ratio and increased instruction in physical education pursuant to Section 59-10-10 is not intended to replace or reduce time dedicated to instruction in the arts taught by certified arts specialists.
Section 59-10-210. (A) The General Assembly finds that one goal of public education is to assist all students in reaching their full academic potential. In this regard, school nurses:
(1) are instrumental in early detection of health problems that can interfere with learning or lead to more serious or disabling health conditions;
(2) prevent disease by teaching and encouraging healthy lifestyles and habits that have lifelong implications for children and their families;
(3) provide valuable health services, including administering medications and care management necessary for those students who have chronic or episodic health conditions and disabilities;
(4) care for students who incur injuries at school including injuries that require medical attention;
(5) assist families and students in accessing health care and procuring community health services;
(6) contribute to a child's ability to learn by improving overall health, therefore encouraging school attendance, readiness to learn, and enhanced learning potential and achievement; and
(7) provide direct health services and professional advice to teachers and staff members regarding health problems and concerns.
(B) The General Assembly believes that each elementary public school in this State should have a full-time school nurse.
Section 59-10-220. Beginning with the 2006-07 school year, the General Assembly, annually in the General Appropriations Act, shall appropriate funds to the Department of Education for providing licensed nurses for elementary public schools. The State Department
Section 59-10-310. In an effort to promote optimal healthy eating patterns, the State Board of Education by policy shall establish requirements for elementary school food service meals and competitive foods based upon the recommendations outlined in the State Department of Education Task Force on Student Nutrition and Physical Activity Report.
Section 59-10-320. (A) The State Department of Education is encouraged to make available to the school districts of the State an age-appropriate, proven-effective nutrition education curriculum aligned with the South Carolina Health and Safety Education Curriculum Standards.
(B) The State Department of Education shall make available to each school district a coordinated school health model designed to address health issues of children. The program must provide for coordinating the following eight components: safe and healthy environment, physical education, health education, staff wellness, health services, guidance and psycho-social health, nutrition services, and parent and community involvement. The Department of Education shall notify each school district of the availability of professional development opportunities and provide technical assistance for implementing the coordinated school health model.
(C) The Department of Education shall develop or adopt an assessment program to evaluate district and school health education programs. At a minimum, the assessment must be designed to determine program effectiveness and adherence to South Carolina Health and Safety Education Curriculum Standards. The State Department of Education shall begin piloting health education assessments in the 2006-07 school year with full implementation in all schools in the 2008-09 school year.
Section 59-10-330. (A) Each school district shall establish and maintain a Coordinated School Health Advisory Council (CSHAC) to assess, plan, implement, and monitor district and school health policies and programs, including the development of a district wellness policy to begin implementation in the 2006-07 school year. The council must be composed of community and school representatives from the following areas:
(1) physical education;
(2) nutrition services;
(3) health education;
(4) health services;
(5) counseling, psychological, and social services;
(6) local health department;
(7) school administration; and
(8) other individuals to include students, parents, district food service employees, and school board members.
(B) Each district, in collaboration with the CSHAC, shall develop a school health improvement plan that addresses strategies for improving student nutrition, health, and physical activity and includes the district's wellness policy. The district health improvement plan goals and progress toward those goals must be included in the district's strategic plan required pursuant to Section 59-20-60. Health improvement plans must be submitted to the Department of Education and must include a timeline for implementation beginning July 1, 2007. Progress reports on implementation must be provided annually to the department until implementation is complete.
(C) Professional development in health and safety education, to include nutrition education, must be provided to teachers in kindergarten through fifth grades annually.
(D) Each school board of trustees shall establish health and nutrition policies for its elementary schools designed to limit vending sales and sales of foods and beverages other than school meals, except for sales of milk, juice, entrees, bread, fruits, vegetables, and a food item that is considered a meal component.
Section 59-10-340. Each elementary school shall establish and maintain a school-level Coordinated School Health Advisory Council with membership representing areas outlined in Section 59-10-340 (A). Each school shall use the assessment tool made available by the State Department of Education to assess current school health programs using the state assessment model, develop a plan to improve health programs, assist in the implementation of the improvement plan, and monitor and evaluate the school health programs. The school health improvement plan goals and progress toward those goals must be included in the school's strategic plan required pursuant to Section 59-20-60.
Section 59-10-350. (A) An elementary school may not provide to students at any time during the school day foods of minimal nutritional value. However, this policy does not restrict the food that a parent or
(B) Each elementary school shall remove food, soda, and carbonated vending machines from public areas. However, beverage vending machines selling only products that contain one hundred percent fruit juice or bottled water, and food vending machines selling only products that meet state and USDA guidelines as a healthy snack may be located in public areas. Each district's Coordinated School Health Advisory Council established pursuant to Section 59-10-340 shall determine which snacks may be sold in vending machines in elementary schools.
Section 59-10-360. Each elementary school shall provide students a minimum of twenty minutes to eat lunch once they have received their food. In determining the total length of the lunch period, time to and from the cafeteria, time to go through the line, and time to bus trays at the end of lunch must be considered.
Section 59-10-370. Students in kindergarten through fifth grade shall receive nutrition education weekly as a part of health and safety education instruction.
Section 59-10-380. Each phase of implementation of this chapter is contingent upon the appropriation of adequate funding as documented by the fiscal impact statement provided by the Office of State Budget of the State Budget and Control Board. There is no mandatory financial obligation to school districts if state funding is not appropriated for each phase of implementation as provided for in the fiscal impact statement of the Office of the State Budget of the State Budget and Control Board."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WALKER continued speaking.
The amendment was then adopted.
Rep. J. E. SMITH proposed the following Amendment No. 2 (Doc Name COUNCIL\PT\2533SJ05), which was adopted:
Amend the bill, as and if amended, after Section 59-10-380 as contained in SECTION 2, by adding the following:
/ Section 59-10-390. Nothing in this article may be construed to prohibit or limit the sale or distribution of any food or beverage item
Rep. WALKER explained the amendment.
The amendment was then adopted.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. HAYES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Agnew Allen Altman Anthony Bales Ballentine Barfield Battle Bingham Bowers Brady Branham Breeland G. Brown Cato Ceips Chellis Clark Clemmons Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Delleney Duncan Emory Frye Funderburk Govan Hagood Haley Hardwick Harrell Harrison Haskins Hayes Herbkersman J. Hines Hinson Hiott Hosey Huggins Jefferson Jennings Kennedy Kirsh Leach Limehouse Littlejohn Loftis Lucas Mack Mahaffey Martin McCraw McLeod Merrill Miller Moody-Lawrence J. H. Neal J. M. Neal Neilson Norman Owens Parks Perry Phillips Pinson E. H. Pitts M. A. Pitts Rhoad Rice
Rutherford Sandifer Scarborough Scott Simrill Sinclair Skelton D. C. Smith G. M. Smith J. E. Smith J. R. Smith W. D. Smith Talley Taylor Thompson Toole Townsend Umphlett Vaughn Vick Walker Weeks Whipper White Whitmire Witherspoon
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up:
H. 3735 (Word version) -- Reps. Vaughn, Cato, Haskins, Hamilton, Leach, Loftis, Cotty, Pinson, Altman, Haley, Rhoad, Barfield, Branham, Cooper, Duncan, Emory, Frye, Hinson, Hosey, Limehouse, Littlejohn, Martin, Merrill, Perry, Tripp, Umphlett and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-1335 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL SUSPEND A VEHICLE'S REGISTRATION AND NOT REGISTER OR REREGISTER A MOTOR VEHICLE THAT WAS OPERATED WHEN ITS DRIVER FAILED TO PAY A TOLL AND WHOSE OWNER HAS AN OUTSTANDING JUDGMENT FOR FAILURE TO PAY A TOLL ENTERED AGAINST HIM, TO PROVIDE A FIFTY DOLLAR REINSTATEMENT FEE THAT MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH THIS SECTION; TO AMEND SECTION 57-5-1495, AS AMENDED, RELATING TO THE COLLECTION OF TOLLS, SO AS TO PROVIDE THAT UPON AN ADJUDICATION OF LIABILITY FOR FAILURE TO PAY A TOLL, THE COURT MUST MAIL A COPY OF THE JUDGMENT TO THE VEHICLE'S OWNER OR OPERATOR, TO PROVIDE
Rep. MILLER explained the Bill.
Rep. SCOTT moved to adjourn debate on the Bill until Thursday, April 14, which was agreed to.
The following Joint Resolution was taken up, read the second time, and ordered to a third reading:
H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITMIRE explained the Joint Resolution.
The following Bill was taken up:
H. 3543 (Word version) -- Reps. G. M. Smith and Weeks: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ENACTING "MARY LYNN'S LAW"; BY ADDING SECTION 16-1-130 SO AS TO PROVIDE THAT A PERSON WITH A CURRENT CHARGE OR A PRIOR CONVICTION FOR A VIOLENT
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\MS\7388AHB05), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. This act may be cited as "Mary Lynn's Law".
SECTION 2. Chapter 1, Title 16 of the 1976 Code is amended by adding:
"Section 16-1-130. (A) A person may not be considered for a diversion program, including, but not limited to, a drug court program or a mental health court, if the:
(1) person's current charge or conviction is for a violent offense as defined in Section 16-1-60 or a stalking offense pursuant to Article 17, Chapter 3, Title 16;
(2) person has a prior conviction for a violent crime as defined in Section 16-1-60, a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16;
(3) person is subject to a restraining order pursuant to the provisions of Article 17, Chapter 3, Title 16 or a valid order of protection pursuant to the provisions of Chapter 4, Title 20;
(4) person is currently on parole or probation for any offense; or
(5) consent of the victim has not been obtained.
(B) The provisions of this section do not apply to a diversion program administered by the South Carolina Prosecution Coordination Commission or by a circuit solicitor."
SECTION 3. Section 16-3-1515(D) of the 1976 Code is amended to read:
"(D) A victim who wishes to submit a written victim impact statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge. This written victim impact statement must be transmitted by the prosecuting agency or summary court to the Department of Corrections or Department of Probation, Parole and Pardon Services, as appropriate, no later than ten days after sentencing."
"(C) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility, including a mental health facility, having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility, including a mental health facility, are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications notification."
SECTION 5. Section 16-3-1525 of the 1976 Code is amended by adding:
"(L) A diversion program, except a diversion program administered by the South Carolina Prosecution Coordination Commission or by a circuit solicitor, reasonably must attempt to notify the victim of a crime prior to the defendant's release from the program unless the defendant is released to a law enforcement agency.
(M) In every case when there is a court-ordered or mandatory mental evaluation, which takes place in an inpatient facility, the organization or facility responsible for the evaluation reasonably must attempt to notify the victim of the crime prior to the defendant's release from the facility unless the defendant is released to a law enforcement agency.
(N) Notification of a victim pursuant to the provisions of this section may not be only by electronic or other automated communication or recording. However, after three unsuccessful attempts to reach the victim by electronic or other automated communication or recording pursuant to the provisions of this section, the appropriate agency or diversion program shall attempt to make personal contact with the victim."
SECTION 6. Section 16-3-1530 of the 1976 Code is amended to read:
"Section 16-3-1530. (A) Notwithstanding any other another provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:
(1) notwithstanding the provisions of Section 22-5-510, a department or agency having custody or custodial supervision of a
(2) a department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person;
(3) a department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of before any transfer of the person to a less secure facility or to a diversionary program including, but not limited to, a drug court program or a mental health court. The provisions of this item do not apply to transfers to other law enforcement agencies and transfers to other nonlaw enforcement locations if the person remains under security supervision. All victims, upon request, must be notified of interdepartmental transfers after the transfer occurs; and
(4) a department or agency having custody or custodial supervision of a person convicted or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person.
(B) Notification of a victim pursuant to the provisions of this section may not be only by electronic or other automated communication or recording except in the case of an interdepartmental transfer."
SECTION 7. Section 16-3-1535 of the 1976 Code is amended by adding:
"(G) The written victim impact statement as provided in subsection (B) must be transmitted by the summary court judge to either the Department of Corrections, the Department of Probation, Parole and Pardon Services, or a diversion program no later than ten days after sentencing."
SECTION 8. Article 17, Chapter 3 of Title 16 of the 1976 Code is amended to read:
Section 16-3-1700. As used in this article:
(A) 'Harassment in the first degree' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the
(1) following the targeted person as he moves from location to location;
(2) visual, or physical, verbal, written, or electronic contact that is initiated, maintained, or repeated after a person has been provided notice that the contact is unwanted;
(3) surveillance of or the maintenance of a presence near the targeted person's:
(a) residence;
(b) place of work;
(c) school; or
(d) another place regularly occupied or visited by the targeted person; and
(4) vandalism and property damage.
Harassment does not include words or conduct that is protected by the Constitution of this State or the United States and does not apply to law enforcement officers or process servers performing their official duties.
(B) 'Harassment in the second degree' means a pattern of intentional, substantial, and unreasonable intrusion into the private life of a targeted person that serves no legitimate purpose and causes the person and would cause a reasonable person in his position to suffer mental or emotional distress. Harassment in the second degree may include, but is not limited to, verbal, written, or electronic contact that is initiated, maintained, or repeated.
(C) 'Stalking' means a pattern of words, conduct, whether verbal, written, or electronic, or a pattern of conduct that serves no legitimate purpose and is intended to cause and does cause a targeted person and would cause a reasonable person in the targeted person's position to fear:
(1) death of the person or a member of his family;
(2) assault upon the person or a member of his family;
(3) bodily injury to the person or a member of his family;
(4) criminal sexual contact on the person or a member of his family;
(5) kidnapping of the person or a member of his family; or
(6) damage to the property of the person or a member of his family.
Stalking does not include words or conduct that is protected by the Constitution of this State or the United States and does not apply to law enforcement officers or process servers performing their official duties.
(C) 'Aggravated stalking' means stalking accompanied or followed by an act of violence.
(D) 'Pattern' means two or more acts within a ninety-day occurring over a period of time, however short, evidencing a continuity of purpose.
(E) 'Family' means a spouse, child, parent, sibling, or a person who regularly resides in the same household as the targeted person.
(F) The provisions of this section do not apply to a licensed private investigator who is performing services or an investigation as described in detail in a contract signed by the client and the private investigator pursuant to Section 40-18-70.
Section 16-3-1705. (A) An electronic mail service provider must not be charged with or have a penalty accessed based upon a violation of this article or have a cause of action filed against it based on the electronic mail service provider's:
(1) being an intermediary between the sender and recipient in the transmission of an electronic contact that violates this article; or
(2) providing transmission of an electronic contact over the provider's computer network or facilities that violates this article.
(B) For purposes of this article, 'electronic mail service provider' means a person or entity which:
(1) is an intermediary in sending or receiving electronic mail; and
(2) provides to users of electronic mail services the ability to send or receive electronic mail.
Section 16-3-1710. (A) A Except as provided in subsection (B), a person who engages in harassment in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars, imprisoned not more than thirty days, or both.
(B) A person convicted of harassment against a person within seven years of a prior conviction of harassment against or stalking of that person, or when an injunction or restraining order is in effect prohibiting this conduct, in the second degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year, or both if:
(1) the person has a prior conviction of harassment or stalking within the preceding ten years; or
(2) at the time of the harassment an injunction or restraining order was in effect prohibiting the harassment.
(C) In addition to the penalties provided in this section, a person convicted of harassment in the second degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both.
Section 16-3-1720. (A) A Except as provided in subsections (B) and (C), a person who engages in stalking harassment in the first degree is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars, imprisoned not more than one year three years, or both.
(B) A person who engages in stalking harassment in the first degree when an injunction or restraining order is in effect prohibiting this conduct is guilty of a misdemeanor and, upon conviction, must be fined not more than two thousand dollars, imprisoned not more than two three years, or both.
(C) A person who engages in stalking a person within seven years of harassment in the first degree and who has a prior conviction of harassment against or stalking within the preceding ten years of that person is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.
(D) In addition to the penalties provided in this section, a person convicted of stalking harassment in the first degree who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both.
Section 16-3-1730. (A) A person who engages in aggravated stalking is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars, imprisoned not more than five years, or both.
(B) A person who engages in aggravated stalking when an injunction or restraining order is in effect prohibiting this conduct is guilty of a felony and, upon conviction, must be fined not more than seven thousand dollars, imprisoned not more than ten years, or both.
(C) A person who engages in aggravated stalking of a person within seven years of stalking and who has a prior conviction of harassment against or stalking of that person within the preceding ten
(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4, Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense pursuant to this section must be fined one thousand dollars or imprisoned one year, or both. Civil liability does not arise against a law enforcement officer for the proper use of this authority.
Section 16-3-1735. A law enforcement officer or another person with knowledge of the circumstances may sign a warrant in place of the victim for a person alleged to have committed a harassment or stalking offense as provided in Section 16-3-1710, 16-3-1720, or 16-3-1730.
Section 16-3-1740. (A) Before sentencing a person convicted of stalking or harassment in the first or second degree, the court may require the person to undergo a mental health evaluation. If the court determines from the results of the evaluation that the person needs mental health treatment or counseling, the court shall require him to undergo mental health treatment or counseling by a court-approved mental health professional, mental health facility, or facility operated by the State Department of Mental Health as a part of his sentence.
(B) When the court orders a mental health evaluation, the evaluation may not take place until the facility conducting the evaluation has received all of the documentation including, but not limited to, warrants, incident reports, and NCIC reports associated with the charges.
(C) If the evaluation results in the unsupervised release of the person, the victim must be notified prior to the person's release. All reasonable efforts must be made to notify the victim personally to assure the notice is received.
Section 16-3-1750. (A) Under Pursuant to this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment in the first or second degree or stalking.
(B) An action for a restraining order must be filed in the county in which:
(1) the defendant resides when the action commences;
(2) the harassment in the first or second degree or stalking occurred; or
(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.
(C) A complaint and motion for a restraining order may be filed by any person. The complaint must:
(1) allege that the defendant is engaged in harassment in the first or second degree or stalking and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;
(2) be verified; and
(3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.
(D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking. However, the court shall assess a filing fee against the nonprevailing party in an action for a restraining order. The court may hold a person in contempt of court for failure to pay this filing fee.
(E) A restraining order remains in effect for a fixed period of time of not less than one year, as determined by the court on a case-by-case basis.
(F) Notwithstanding any other another provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State.
Section 16-3-1760. (A) Within twenty-four hours after the filing of a complaint and motion seeking a restraining order under pursuant to Section 16-3-1750, the court, for good cause shown, may hold an emergency hearing and, if the plaintiff proves his allegation by a preponderance of the evidence, may issue a temporary restraining order without giving the defendant notice of the motion for the order. A prima facie showing of immediate and present danger of bodily injury, verified by supporting affidavits, constitutes good cause.
(B) A temporary restraining order granted without notice must be served upon the defendant together with a copy of the complaint and a Rule to Show Cause why the order should not be extended for the full six-month one-year period. The Rule to Show Cause shall must provide the date and time of the hearing for the Rule to Show Cause. The defendant must be served within five days before the hearing in the same manner required for service in circuit court as provided in the South Carolina Rules of Civil Procedure.
(C) In cases not provided in subsection (A) of this provision, the court shall cause a copy of the complaint and motion to be served upon the defendant at least five days before the hearing in the same manner required for service in circuit court as provided in the South Carolina Rules of Civil Procedure.
(D) The court shall hold a hearing on a motion for a restraining order within fifteen days of the filing of a complaint and motion, but not sooner than five days after service has been perfected upon the defendant.
Section 16-3-1770. (A) A temporary restraining order granted without notice must be endorsed with the date and hour of issuance and entered of record with the magistrate's magistrates court.
(B) The terms of the restraining order shall must protect the plaintiff and may include temporarily enjoining the defendant from:
(1) abusing, threatening to abuse, or molesting the plaintiff or members of the plaintiff's family;
(2) entering or attempting to enter the plaintiff's place of residence, employment, education, or other location; and
(3) communicating or attempting to communicate with the plaintiff in a way that would violate the provisions of this article.
(C) A restraining order issued pursuant to this article conspicuously shall must bear the following language: 'Violation of this order is a criminal offense punishable by thirty days in jail, a fine of five hundred dollars, or both'.
(D) A restraining order issued by a court may not contain the social security number of a party to the order and must contain as little identifying information as is necessary of the party it seeks to protect.
Section 16-3-1780. (A) A temporary restraining order shall remain remains in effect until the hearing on the Rule to Show Cause why the order should not be extended for the full six-month one-year period. The temporary restraining order must be for a fixed period in accordance with subsection (B) of this provision if the court finds the defendant in default at the hearing.
(B) In cases not provided for in subsection (A) of this provision, a restraining order must be for a fixed period not to exceed six months, one year but may be extended by court order on a motion by the plaintiff, showing good cause, with notice to the defendant. The defendant is entitled to a hearing on the extension of an order issued pursuant to this subsection within thirty days of the date upon which the order will expire.
(C) Notwithstanding subsection (B) of this provision, the provisions included in a restraining order granting relief pursuant to Section 16-3-1770 dissolve six months one year following the issuance of the order unless, prior to the expiration of this period, the court has charged the defendant with the crime of harassment in the first or second degree or stalking and has scheduled a date for trial on the charge. If the trial has been scheduled, relief granted pursuant to Section 16-3-1770 shall remain remains in effect beyond the six-month one-year period only until the conclusion of the trial.
(D) The court may modify the terms of an order issued pursuant to this section.
Section 16-3-1790. The magistrate' courts A magistrates court shall serve the defendant with a certified copy of an order issued pursuant to this article and provide a copy to the plaintiff and to the local law enforcement agencies having jurisdiction over the area where the plaintiff resides. Service must be made without charge to the plaintiff.
Section 16-3-1800. Law enforcement officers shall arrest a defendant who is acting in violation of a restraining order after service and notice of the order have been is provided. An arrest warrant is not required.
Section 16-3-1810. (A) The primary responsibility of a law enforcement officer when responding to a harassment in the first or second degree or stalking incident is to enforce the law and protect the complainant.
(B) The law enforcement officer shall notify the complainant of the right to initiate criminal proceedings and to seek a restraining order.
Section 16-3-1820. A person who reports an alleged harassment in the first or second degree or stalking, files a criminal complaint, files a complaint for a restraining order, or who participates in a judicial proceeding under pursuant to this article and who is acting in good faith is immune from criminal and civil liability that might otherwise result from these actions. A rebuttable presumption exists that the person was acting in good faith.
Section 16-3-1830. A proceeding commenced under pursuant to this article is in addition to other civil and criminal remedies.
Section 16-3-1840. As a condition of Prior to setting bail, a magistrate or a municipal judge may order a defendant charged with harassment in the first or second degree or stalking under pursuant to this article to undergo a mental health evaluation performed by the local mental health department. The purpose of this evaluation is to
"Section 17-15-30. (A) In determining which conditions of release that will reasonably assure appearance, or what if release would constitute an unreasonable danger to the community, the court may, on the basis of available information, take into account consider the nature and circumstances of the offense charged, the accused's family ties, employment, financial resources, character and mental condition, the length of his residence in the community, his record of convictions, and any his record of flight to avoid prosecution or failure to appear at other court proceedings.
(B) The court shall have, if available, all incident reports generated as a result of the offense charged and a copy of the accused's criminal records."
SECTION 10. Section 24-3-20, as last amended by Act 243 of 2004, is further amended to read:
"Section 24-3-20. (A) A person convicted of an offense against this State and sentenced to imprisonment for more than three months is in the custody of the South Carolina Department of Corrections, and the department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The department may designate as a place of confinement any as available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the department, or otherwise. If the facility is not maintained by the department, the consent of the sheriff of the county where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or
(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, if the director determines that:
(1) the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
The department shall notify victims registered pursuant to Article 15, Chapter 3, Title 16 and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. However, the trial judge may waive his right to receive the notification contained in this section by notifying the department of this waiver in writing. The department shall have has the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.
A prisoner's place of confinement may not be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of: for criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct; assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery; a violent offense as defined in Section 16-1-60, a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16, or a burglary offense pursuant to Sections 16-11-311, 16-11-312, or 16-11-313. A prisoner who is serving a sentence for a "no parole offense" as defined in Section 24-13-100 and who is otherwise eligible for work release shall not have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125.
(C) Notwithstanding any other another provision of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. The department shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate must may be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee, and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall must include such programs as litter removal, prison industries, work release, education, and counseling. The department shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(D) Notwithstanding Section 24-13-125, the department may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the department to reimburse the victim for the value of the property stolen or damages caused by the offense. If no victim is involved, the person convicted shall contribute to the administration of the program. The department is authorized to promulgate regulations necessary to administer the program.
(E) If a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the department in the administration of the restitution program."
SECTION 11. A task force is created to examine and design statewide standards for the operation of mental health courts in the State. The study committee shall consist of thirteen voting members as follows:
(1) one member appointed by the director of the State Office of Victim Assistance;
(2) one member of the House of Representatives appointed by the Speaker of the House;
(3) one member of the Senate appointed by the President of the Senate;
(4) one retired circuit court judge appointed by the Chief Justice of the Supreme Court;
(5) one circuit solicitor appointed by the Prosecution Coordination Commission;
(6) two members appointed by the director of the Department of Mental Health, both of whom must be mental health professionals;
(7) one member of an operating mental health court appointed by the Richland County Probate Judge;
(8) one member appointed by the director of the Department of Probation, Parole and Pardon Services;
(9) one member appointed by the director of the Department of Corrections;
(10) one probate judge appointed by the South Carolina Probate Judges Association;
(11) one magistrate appointed by the South Carolina Summary Court Judges Association; and
(12) one member appointed by the South Carolina Public Defender Association.
The members of the study committee shall elect a chairman and shall meet at times and places as the chairman determines to be necessary. The committee must be staffed by personnel assigned by the Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee. The study committee on mental health courts shall report its findings to the General Assembly no later than the first day of the 2006 legislative session at which time the study committee is terminated.
SECTION 12. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding,
Rep. G. M. SMITH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. TOWNSEND moved to reconsider the vote whereby the following Joint Resolution was given a second reading, which was agreed to:
H. 3897 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES, RELATING TO MOTORIST INSURANCE IDENTIFICATION DATABASE, DESIGNATED AS REGULATION DOCUMENT NUMBER 2957, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. TOWNSEND moved to adjourn debate on the Joint Resolution until Thursday, April 14, which was agreed to.
The following Bill was taken up:
H. 3647 (Word version) -- Reps. E. H. Pitts, Hinson, McLeod, Young and Rutherford: A BILL TO AMEND SECTION 53-1-5, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF AN EMPLOYEE OF A BUSINESS TO REFUSE TO WORK ON SUNDAY, SO AS TO FURTHER PROVIDE FOR PROTECTION OF THIS RIGHT TO REFUSE TO WORK ON SUNDAY BY REASON OF CONSCIENTIOUS OBJECTION TO SUNDAY WORK AND TO EXCLUDE A MANUFACTURING OR RESEARCH AND DEVELOPMENT OPERATION REQUIRING CONTINUOUS UNINTERRUPTED OPERATION; TO REPEAL THE REMAINING SECTIONS OF CHAPTER 1 OF TITLE 53, SECTIONS 53-1-6 THROUGH 53-1-160, POPULARLY KNOWN AS THE "SUNDAY BLUE LAWS", RELATING TO THE PROHIBITION AGAINST THE SALE OF CERTAIN ITEMS ON SUNDAY EXCEPT DURING SPECIFIED HOURS AND THE PROHIBITION AGAINST THE CONDUCT OF CERTAIN WORK OR EVENTS OR THE OPERATION OF SPECIFIC BUSINESSES OR MANUFACTURING ESTABLISHMENTS ON SUNDAY; AND TO PROVIDE THAT THIS ACT DOES NOT AFFECT PROVISIONS OF LAW PROHIBITING OR OTHERWISE REGULATING THE SALE OF ALCOHOLIC LIQUORS, BEER, OR WINE ON SUNDAY.
Rep. SINCLAIR made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER PRO TEMPORE sustained the Point of Order.
Rep. SINCLAIR moved that the House do now adjourn, which was agreed to.
At 12:15 p.m. the House, in accordance with the motion of Rep. ANTHONY, adjourned in memory of Robert Donald "Donnie" Moore, Jr. of Buffalo, to meet at 10:00 a.m. tomorrow.
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