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 Psalm 23: "The Lord is my shepherd."
Dear Lord and Father of mankind, grant success in everything we undertake for the common good of all people in this State. May Your spirit give us strength and determination to do those things which are right and pleasing in Your sight. Guide our steps through this day that we not stumble. Lord, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. HASKINS moved that when the House adjourns, it adjourn in memory of Richard Smart of Greenville, which was agreed to.
Document No. 2610
Agency: Department of Public Safety
Statutory Authority: 1976 Code Section 23-6-10: Article 9. In Car Camera Videotaping Equipment
Received by Speaker of the House of Representatives
June 6, 2001
Referred to Education and Public Works Committee
Legislative Review Expiration October 4, 2001 (Subject to Sine Die Revision)
20020410 Withdrawn and Resubmitted
The following was received:
Columbia, S.C., April 9, 2002
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3598:
H. 3598 (Word version) -- Reps. Cato, Barfield, Battle, Carnell, Chellis, Cobb-Hunter, Dantzler, Davenport, Edge, Harvin, Haskins, Hayes, Hosey, Kirsh, Knotts, Law, Leach, Limehouse, Lloyd, Lucas, Mack, Meacham-Richardson, J. H. Neal, Ott, Parks, Perry, Phillips, Riser, Rivers, Rodgers, Sandifer, Scott, Snow, Stuart, Trotter, Webb, Whatley, A. Young, J. Young, Wilder, Hinson and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-5-170 SO AS TO PROVIDE CERTAIN CONDUCT IN THE VEHICLE GLASS REPAIR BUSINESS IS AN UNFAIR TRADE PRACTICE AND UNLAWFUL.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4754 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO URGE THE PUBLIC AND STATE AGENCIES INVOLVED IN TRAFFIC INCIDENT MANAGEMENT TO ENHANCE THE FLOW OF MOTOR VEHICLE TRAFFIC AND REDUCE THE DANGER OF ACCIDENTS ALONG THE STATE'S ROADWAYS BY MAKING EVERY REASONABLE EFFORT TO MOVE CERTAIN VEHICLES INVOLVED IN TRAFFIC ACCIDENTS AND DISABLED VEHICLES FROM THE STATE'S ROADWAYS.
Ordered for consideration tomorrow.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
S. 1121 (Word version) -- Senator Peeler: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF INTERSTATE 85 IN CHEROKEE COUNTY BETWEEN EXITS 90 AND 92 AS THE "VETERANS MEMORIAL HIGHWAY" IN HONOR AND MEMORY OF THE VETERANS OF CHEROKEE COUNTY FOR THEIR FAITHFUL SERVICE TO THIS STATE AND OUR NATION AND REQUEST THAT THE DEPARTMENT ERECT APPROPRIATE SIGNS AND MARKERS REFLECTING THIS DESIGNATION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4715 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4760 (Word version) -- Rep. Simrill: A BILL TO AMEND SECTION 42-1-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "EMPLOYEE" FOR PURPOSES OF WORKERS' COMPENSATION, SO AS TO INCLUDE STATE CONSTABLES; TO AMEND SECTION 42-7-65, AS AMENDED, RELATING TO WORKERS' COMPENSATION AND THE DESIGNATED AVERAGE WEEKLY WAGE FOR CERTAIN CATEGORIES OF EMPLOYEES, SO AS TO INCLUDE PROVISIONS FOR VOLUNTEER STATE CONSTABLES WHO SERVE WITHOUT COMPENSATION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4456 (Word version) -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-125 SO AS TO REQUIRE PROFESSIONAL AND OCCUPATIONAL LICENSING BOARDS TO DENY LICENSURE OR SUSPEND THE LICENSE OF AN INDIVIDUAL FOR NONPAYMENT OR DEFAULT OR BREACH OF A REPAYMENT OR SERVICE OBLIGATION UNDER ANY FEDERAL OR STATE EDUCATIONAL LOAN, LOAN REPAYMENT, OR SERVICE-CONDITIONAL SCHOLARSHIP PROGRAM.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4823 (Word version) -- Reps. Cato, Chellis, Battle, G. Brown, J. Brown, Cooper, Edge, Harrison, Hinson, Jennings, Law, Lee, Limehouse, Lourie, Miller, Perry, Quinn, Rice, Rutherford, Sandifer, Scarborough, Scott, F. N. Smith, J. E. Smith, Tripp, Trotter, Walker and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-35 SO AS TO PROHIBIT THE STATE, A POLITICAL SUBDIVISION OF THE STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT A BOND TO SECURE THE BID OR THE PERFORMANCE OR PAYMENT OF THE CONTRACT BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER; AND TO AMEND SECTIONS 11-1-120, 11-35-3030, AS AMENDED, 12-28-2740, 29-6-250, AND 57-5-1660, RELATING TO PAYMENT BONDS, BID BONDS, PERFORMANCE BONDS, LABOR AND MATERIAL BONDS, AND HIGHWAY CONSTRUCTION BONDS, RESPECTIVELY, ALL SO AS TO ADD CONFORMING LANGUAGE PROHIBITING THE STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR OTHER PUBLIC ENTITY OF THE STATE FROM REQUIRING THAT THE BOND BE FURNISHED BY A PARTICULAR SURETY COMPANY OR THROUGH A PARTICULAR AGENT OR BROKER.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report with amendments on:
H. 4852 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH RESPECT TO INSURANCE IN TITLE 38, SO AS TO EXPAND THE MEANING OF "EXEMPT COMMERCIAL POLICIES"; TO AMEND SECTIONS 38-73-340 AND 38-73-520, BOTH RELATING TO REQUIRING INSURERS TO FILE RATES AND RATING SCHEDULES AND PLANS, SO AS TO EXEMPT COMMERCIAL POLICIES FROM THIS REQUIREMENT.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
H. 4180 (Word version) -- Reps. Sandifer and Cato: A BILL TO AMEND SECTION 38-55-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FUNERAL DIRECTORS ACTING AS AGENTS FOR LIFE INSURERS FOR FUNDING PRENEED FUNERAL CONTRACTS, SO AS TO DELETE THE PROVISION REQUIRING THE SOUTH CAROLINA STATE BOARD OF FUNERAL SERVICE TO VERIFY THAT SUCH AN INSURANCE POLICY IS CONSISTENT WITH STATUTORY REQUIREMENTS FOR PRENEED FUNERAL CONTRACTS.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report on:
S. 982 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 34-29-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONSUMER FINANCE LAW AND INSURANCE ON SECURITY AND BORROWER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-5-30, AS AMENDED, RELATING TO THE KINDS OF INSURANCE FOR WHICH INSURERS MAY BE LICENSED, SO AS TO EXCLUDE TITLE INSURANCE FROM BEING CONSIDERED MULTIPLE LINES INSURANCE; TO AMEND SECTIONS 38-21-170 AND 38-21-270, BOTH AS AMENDED, RELATING TO DIVIDENDS AND DISTRIBUTIONS, SO AS TO MODIFY THE PRESENT RESTRICTIONS BY DELETING THE EARNED SURPLUS REQUIREMENT; TO AMEND SECTION 38-27-50, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO INCLUDE SPECIAL PURPOSE REINSURANCE VEHICLES WITHIN THE DEFINITION OF "PERSON"; TO AMEND SECTION 38-33-280, AS AMENDED, RELATING TO THE ACQUISITION OR EXCHANGE OF SECURITIES OF A HMO, SO AS TO MAKE HMO'S SUBJECT TO THE INSURANCE HOLDING COMPANY REGULATORY ACT; TO AMEND SECTION 38-44-50, AS AMENDED, RELATING TO THE EXAMINATION AND REVIEW OF MGA BY INSURER, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-45-110, AS AMENDED, RELATING TO THE WARNING STAMPED ON POLICIES OF ELIGIBLE SURPLUS LINES INSURERS, SO AS TO CLARIFY THE LANGUAGE CONTAINED THEREIN; TO AMEND SECTION 38-71-760, AS AMENDED, RELATING TO THE STANDARDS FOR GROUP ACCIDENT AND HEALTH INSURANCE COVERAGE, SO AS TO CLARIFY CERTAIN MATTERS REGARDING THE EXTENSION OF LIABILITY; TO AMEND SECTION 38-71-880, RELATING TO MEDICAL AND SURGICAL BENEFITS AND MENTAL HEALTH BENEFITS, SO AS TO EXTEND PROVISIONS IN ORDER TO AVOID PREEMPTION; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO MAKE A TECHNICAL CORRECTION AS WELL AS MAKE THE LANGUAGE MORE CONSISTENT WITH THAT USED THROUGHOUT CHAPTER 90, TITLE 38; TO AMEND SECTION 38-90-20, RELATING TO THE LICENSING OF CAPTIVE INSURANCE COMPANIES, SO AS TO CLARIFY THE APPLICABILITY OF SECTION 38-5-170 TO CAPTIVE INSURANCE COMPANIES; TO AMEND SECTION 38-90-70, AS AMENDED, RELATING TO THE REPORTING REQUIREMENTS OF CAPTIVE INSURANCE COMPANIES SO AS TO CLARIFY THE CONTENTS OF THESE REPORTS; TO AMEND SECTION 38-90-100, AS AMENDED, RELATING TO THE APPLICABILITY OF INVESTMENT REQUIREMENTS, SO AS TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 38-91-10, RELATING TO THE JOINT UNDERWRITING ASSOCIATION, SO AS TO EXTEND THE PERIOD THAT CHAPTER 91, TITLE 38 REMAINS IN FORCE AND EFFECT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4898 (Word version) -- Reps. Harrison, Jennings and J. E. Smith: A BILL TO AMEND SECTION 20-7-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF LEGAL COUNSEL FOR CHILDREN AND PARENTS IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO ALSO APPLY THESE APPOINTMENT PROCEDURES TO VOLUNTARY PLACEMENT PROCEEDINGS; TO AMEND SECTION 20-7-121, AS AMENDED, RELATING TO THE CREATION OF THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM AND COURT-APPOINTED SPECIAL ADVOCATES IN ABUSE AND NEGLECT PROCEEDINGS, SO AS TO ALSO APPLY THE APPOINTMENT OF THESE ADVOCATES TO THE EXTENSION OF VOLUNTARY PLACEMENT AGREEMENTS OR PROCEEDINGS; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILDREN'S CODE, SO AS TO REVISE THE DEFINITIONS OF AN "ABUSED OR NEGLECTED CHILD" AND "ABANDONMENT OF A CHILD" AND TO DELETE THE DEFINITION OF "AFFIRMATIVE DETERMINATION"; TO ADD SECTION 20-7-570 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO BRING A CIVIL ACTION AGAINST A PERSON WHO HAS REPORTED CHILD ABUSE OR NEGLECT MALICIOUSLY OR IN BAD FAITH; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO TAKING EMERGENCY PROTECTIVE CUSTODY OF ABUSED OR NEGLECTED CHILDREN, SO AS TO REVISE THE STANDARD FOR REMOVING OTHER CHILDREN WHO MAY BE AT RISK FROM THE HOME FROM BEING SUBJECT TO "THREAT OF HARM" TO BEING SUBJECT TO "SUBSTANTIAL RISK OF HARM" AND TO MAKE A TECHNICAL REVISION; TO AMEND SECTION 20-7-635, RELATING TO TEMPORARY CRISIS PLACEMENT FOR CHILDREN WHO ARE ABUSED OR NEGLECTED, SO AS TO DELETE THE PROVISION LIMITING SUCH PLACEMENTS TO SEVENTY-TWO HOURS; TO ADD SECTION 20-7-637 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO ACCEPT A VOLUNTARY PLACEMENT OF A CHILD MADE BY THE CHILD'S PARENT OR GUARDIAN, TO REQUIRE A PLACEMENT AGREEMENT, AND TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THE VOLUNTARY PLACEMENT; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING RECEIVING AND PROCESSING REPORTS OF CHILD ABUSE OR NEGLECT, SO AS TO REVISE THE CATEGORIZATION OF SUCH REPORTS, TO REVISE RECORD RETENTION PROCEDURES, AND TO REVISE CONFIDENTIALITY AND DISCLOSURE OF INFORMATION PROVISIONS; TO AMEND SECTION 20-7-655, AS AMENDED, RELATING TO THE CHILD PROTECTIVE SERVICES APPEAL PROCESS, SO AS TO ELIMINATE THE APPEALS COMMITTEE PROCESS, TO ESTABLISH THAT SUCH AN APPEAL IS A CONTESTED CASE, TO CLARIFY THAT THE PROCESS IS ONLY AVAILABLE TO PERSONS DETERMINED TO HAVE ABUSED OR NEGLECTED A CHILD, TO CLARIFY PROCEDURES FOR AN INTERIM REVIEW BEFORE A CONTESTED CASE HEARING, AND TO FURTHER SPECIFY REMOVING DATA FROM THE DEPARTMENT'S RECORDS AND THE CENTRAL REGISTRY WHEN ABUSE OR NEGLECT IS NOT FOUND; TO AMEND SECTION 20-7-670, AS AMENDED, RELATING TO JURISDICTION FOR RECEIVING AND INVESTIGATING INSTITUTIONAL CHILD ABUSE AND NEGLECT REPORTS, SO AS TO CLARIFY THAT THE DEPARTMENT OF SOCIAL SERVICES IS AUTHORIZED TO RECEIVE AND INVESTIGATE SUCH REPORTS IN CHILD DAYCARE FACILITIES AND TO FURTHER PROVIDE FOR THESE INVESTIGATIONS; TO AMEND SECTION 20-7-680, AS AMENDED, RELATING TO INFORMATION ON UNFOUNDED REPORTS IN THE CENTRAL REGISTRY OF CHILD ABUSE AND NEGLECT, SO AS TO PROHIBIT THE REGISTRY FROM CONTAINING ANY INFORMATION FROM UNFOUNDED REPORTS; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO PROVIDE FOR THE CONFIDENTIALITY OF RECORDS CREATED AS A PART OF A QUALITATIVE REVIEW OF A COUNTY'S CHILD WELFARE CASE FILES OR AS A RESULT OF REVIEWS CONDUCTED PURSUANT TO THE DEPARTMENT'S CHILD DEATH PROTOCOL; TO AMEND SECTION 20-7-762, AS AMENDED, RELATING TO TREATMENT PLANS FOR CHILDREN REMAINING AT HOME BUT RECEIVING PROTECTIVE SERVICES, SO AS TO CHANGE THE TERM TO "SERVICE PLAN" AND REVISE LANGUAGE TO CONFORM TO THIS TERM; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO PERMANENCY PLANNING FOR FOSTER CHILDREN, SO AS TO PROVIDE THAT SUCH PLANNING APPLIES TO FOSTER CHILDREN IN THE CUSTODY OF THE DEPARTMENT BY ANY MECHANISM, TO REVISE TIME FRAMES FOR ACCOMPLISHING PERMANENCY PLANS, AND TO REQUIRE ANNUAL COURT REVIEW OF SUCH PLANS FOR CHILDREN TEN YEARS OLD AND OLDER AND BIANNUALLY FOR CHILDREN UNDER TEN YEARS OF AGE; TO AMEND SECTION 20-7-768, RELATING TO EXEMPTIONS FROM TERMINATION OF PARENTAL RIGHTS, SO AS TO CONFORM CROSS REFERENCES AND LANGUAGE TO OTHER AMENDMENTS MADE IN THIS ACT; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO INCLUDE AS A GROUND FOR TERMINATION A CHILD RESIDING IN FOSTER CARE FOR ONE HUNDRED EIGHTY DAYS AND THAT THE CONDITION THAT LED TO FOSTER CARE STILL EXISTS; TO AMEND SECTION 20-7-1642, AS AMENDED, TO ADD SECTION 20-7-2265, AND TO AMEND SECTIONS 20-7-2725, 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2900, AND 20-7-3097, ALL AS AMENDED, AND ALL RELATING TO CRIMINAL HISTORY BACKGROUND CHECKS, SO AS TO PROVIDE THAT WHEN A CRIMINAL HISTORY BACKGROUND CHECK IS REQUIRED FOR LICENSING, REGISTRATION, APPROVAL, OR RENEWAL, OR PLACEMENT OR SERVICE AS A CAREGIVER OR VOLUNTEER OR EMPLOYMENT WITH A CHILD WELFARE AGENCY, SUCH ACTIVITY MAY NOT BE PROHIBITED IF A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE HAS BEEN PARDONED, UNLESS OTHER CIRCUMSTANCES WARRANT PROHIBITING THE ACTIVITY; TO AMEND SECTION 20-7-3010, AS AMENDED, RELATING TO THE DEPARTMENT OF SOCIAL SERVICES AUTHORITY TO SEEK AN INJUNCTION AGAINST A CHILD DAYCARE FACILITY, SO AS TO PROVIDE THAT SUCH AN INJUNCTION MUST BE BROUGHT IN CIRCUIT COURT, RATHER THAN FAMILY COURT; AND TO REPEAL SECTION 20-7-2920, RELATING TO SEEKING INJUNCTIONS AGAINST A CHILD DAYCARE CENTER OR GROUP DAYCARE HOME.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4808 (Word version) -- Reps. Wilkins and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 13-1-25 SO AS TO PROVIDE THAT MONIES CONSTITUTING A FUND OF ANY KIND USED BY THE DEPARTMENT OF COMMERCE, REGARDLESS OF THEIR SOURCE, ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; TO AMEND SECTION 13-1-1720, RELATING TO THE PURPOSE AND DUTIES OF THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, SO AS TO PROVIDE THAT FUNDS FROM FOUNDATION GRANTS AND PRIVATE FUNDS USED BY THE COUNCIL TO ENHANCE ECONOMIC GROWTH AND DEVELOPMENT ARE PUBLIC MONIES SUBJECT TO ALL ACCOUNTABILITY AND DISCLOSURE REQUIREMENTS GOVERNING PUBLIC MONIES; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO INFORMATION EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT A CONTRACT FOR THE SALE OR PURCHASE OF PROPERTY RELATED TO EFFORTS TO ATTRACT OR RETAIN BUSINESS OR INDUSTRY IS EXEMPT UNTIL THE BUSINESS OR INDUSTRY HAS PUBLICLY ANNOUNCED ITS PROJECT OR A FINAL CONTRACT HAS BEEN EXECUTED AND TO PROVIDE THAT INFORMATION RELATIVE TO EFFORTS OR ACTIVITIES OF A PUBLIC BODY TO ATTRACT BUSINESS OR INDUSTRY TO INVEST IN THIS STATE ARE NOT EXEMPT FROM DISCLOSURE ONCE AN OFFER HAS BEEN ACCEPTED OR REJECTED OR HAS EXPIRED.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 4981 (Word version) -- Reps. Lourie and J. E. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-365 SO AS TO PROVIDE SPECIFIC PENALTIES FOR THEFT OF A CONTROLLED SUBSTANCE; TO AMEND SECTION 44-53-360, RELATING TO REQUIREMENTS FOR DISPENSING CONTROLLED SUBSTANCES, SO AS TO DELETE THE PROVISION ALLOWING DISPENSING OF UP TO ONE HUNDRED TWENTY DOSAGE UNITS OF A CONTROLLED SUBSTANCE AND TO INCREASE FROM THIRTY DAYS TO SIXTY DAYS THE TIME WITHIN WHICH A CONTROLLED SUBSTANCE PRESCRIPTION MUST BE FILLED; TO AMEND SECTION 44-53-950, RELATING TO THE DEPARTMENT'S AUTHORITY TO AUDIT HYPODERMIC SALES RECORDS AND TO PROMULGATE REGULATIONS RELATING TO EXEMPTIONS FROM HYPODERMIC NEEDLE REQUIREMENTS, SO AS TO DELETE THE PROVISIONS REGARDING THE DEPARTMENT'S AUTHORITY TO AUDIT RECORDS AND TO PROMULGATE REGULATIONS; AND TO REPEAL SECTIONS 44-53-910, 44-53-920, AND 44-53-940 ALL RELATING TO THE RETAIL SALE OF HYPODERMIC NEEDLES, RECORDS PERTAINING TO THESE SALES, AND TO CIRCUMSTANCES IN WHICH SIGNATURES ARE NOT REQUIRED FOR OBTAINING HYPODERMIC NEEDLES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 4930 (Word version) -- Rep. Harrison: A BILL TO AMEND SECTION 40-5-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION AND MEMBERSHIP OF THE STATE BOARD OF LAW EXAMINERS, SO AS TO PROVIDE THAT THE NUMBER OF MEMBERS AND TERMS MUST BE SET BY THE SUPREME COURT, TO AUTHORIZE A PERSON TO SERVE WHO HAS BEEN PRACTICING LAW FOR SEVEN YEARS, AND TO DELETE THE PROVISION LIMITING BOARD MEMBERSHIP TO ONE FROM EACH CONGRESSIONAL DISTRICT.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3324 (Word version) -- Rep. Perry: A BILL TO REPEAL CHAPTER 27, TITLE 1, RELATING TO THE SOUTH CAROLINA ADVISORY COMMISSION ON INTERGOVERNMENTAL RELATIONS.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report on:
H. 3095 (Word version) -- Rep. Whipper: A BILL TO AMEND SECTION 14-25-15, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF MUNICIPAL JUDGES, SO AS TO PRESCRIBE A FOUR-YEAR TERM OF OFFICE RATHER THAN HAVING THE COUNCIL OF THE MUNICIPALITY SET THE TERM.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4716 (Word version) -- Rep. Cato: A BILL TO AMEND SECTION 59-1-430, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL MAKE-UP DAYS, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES AND REQUIREMENTS TO MAKE UP DAYS LOST BECAUSE OF WEATHER OR OTHER DISRUPTIONS.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report with amendments on:
H. 4591 (Word version) -- Reps. Townsend and Walker: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report with amendments on:
S. 986 (Word version) -- Senators Leatherman, Hayes, Drummond, Moore, Peeler, Glover, Courson, Land, Mescher and Alexander: A JOINT RESOLUTION TO CREATE A BIRTH DEFECTS SURVEILLANCE STUDY COMMITTEE, TO PROVIDE FOR ITS MEMBERSHIP AND ITS PURPOSE, TO REQUIRE THE COMMITTEE TO REPORT ITS FINDINGS AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY BEFORE JANUARY 1, 2003, AND TO ABOLISH THE COMMITTEE UPON SUBMISSION OF ITS REPORT.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 1177 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL FAMILY INDEPENDENCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2687, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report on:
S. 1178 (Word version) -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO GENERAL-FOOD STAMP PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2688, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1197 (Word version) -- Senator Giese: A CONCURRENT RESOLUTION TO RECOGNIZE SUTTON BRANCH BAPTIST CHURCH'S CELEBRATION OF ITS 137TH ANNIVERSARY AND TO RECOGNIZE ITS SERVICE TO ITS MEMBERS AND THE PEOPLE OF THE COMMUNITY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1198 (Word version) -- Senator Mescher: A CONCURRENT RESOLUTION TO RECOGNIZE DR. JAMES D. DANIELS, PRESIDENT OF COKER COLLEGE IN HARTSVILLE, ON HIS UPCOMING RETIREMENT AFTER MORE THAN TWENTY-ONE YEARS AT THE HELM OF THIS ACKNOWLEDGED OUTSTANDING SMALL COLLEGE OF THE SOUTH, AND EXPRESS THE SINCERE GRATITUDE OF THE STATE OF SOUTH CAROLINA FOR HIS MANY NOTEWORTHY CONTRIBUTIONS TO THE EDUCATION OF ITS CITIZENS INCLUDING HIS SUPPORT FOR THE GOVERNOR'S SCHOOL FOR SCIENCE AND MATHEMATICS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 5055 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO REMEMBER THE LIFE AND SERVICE OF MR. WILLIE G. RICHBURG OF SUMMERTON, SOUTH CAROLINA, AND TO EXPRESS SYMPATHY TO HIS FAMILY AND MANY FRIENDS UPON HIS PASSING.
The Resolution was adopted.
On motion of Rep. SHEHEEN, with unanimous consent, the following was taken up for immediate consideration:
H. 5056 (Word version) -- Rep. Sheheen: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE CAMDEN HIGH SCHOOL FOOTBALL TEAM, COACH JIMMY NEAL, AND OTHER SCHOOL OFFICIALS OF KERSHAW COUNTY ON THURSDAY, APRIL 25, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED FOR WINNING THE 2001 CLASS AAA STATE FOOTBALL CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the House of Representatives be extended to the Camden High School football team, Coach Jimmy Neal, and other school officials of Kershaw County on Thursday, April 25, 2002, at a time to be determined by the Speaker, for the purpose of being recognized for winning the Class AAA State Football Championship.
The Resolution was adopted.
The following was introduced:
H. 5057 (Word version) -- Rep. Sheheen: A HOUSE RESOLUTION TO WELCOME THE CAMDEN HIGH SCHOOL 2001 AAA STATE CHAMPION BULLDOGS TO THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES AND CONGRATULATE THEM ON THEIR SUPERLATIVE FOOTBALL SEASON AND BREATHTAKING OVERTIME TITLE VICTORY.
The Resolution was adopted.
The following was introduced:
H. 5058 (Word version) -- Rep. Coates: A HOUSE RESOLUTION TO RECOGNIZE THE WORLD WAR II VETERANS FROM THE PEE DEE AREA OF SOUTH CAROLINA AND HONOR THEIR BRAVE EXAMPLE OF SELFLESS SERVICE.
The Resolution was adopted.
The following was introduced:
H. 5059 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO HONOR HELEN MARTIN OF SENECA IN OCONEE COUNTY WHOSE OUTSTANDING COMMITMENT TO COMMUNITY INVOLVEMENT AND IMPROVEMENT HAS BEEN RECOGNIZED BY ECKERD DRUG STORE CORPORATION'S FOURTH ANNUAL SALUTE TO WOMEN PROGRAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 5060 (Word version) -- Reps. Rhoad, Sharpe, Jennings, Witherspoon, Harrison, Bingham, Koon, J. H. Neal, Cotty, Lloyd, Whipper, Whatley, Clyburn, Battle, Bales, Ott, Lourie, Moody-Lawrence, J. R. Smith, Lucas, Hosey, McCraw, J. Young, McLeod, Hayes, Allen, Allison, Altman, Askins, Barfield, Barrett, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Coates, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harvin, Haskins, J. Hines, M. Hines, Hinson, Howard, Huggins, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Law, Leach, Lee, Limehouse, Littlejohn, Loftis, Mack, Martin, McGee, Meacham-Richardson, Merrill, Miller, J. M. Neal, Neilson, Owens, Parks, Perry, Phillips, Quinn, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, White, Wilder, Wilkins and A. Young: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES INVOLVING FORGERY, LARCENY, EMBEZZLEMENT, FALSE PRETENSES, AND CHEATS, BY ADDING SECTION 16-13-177 SO AS TO PROVIDE THAT WHEN CERTAIN OFFENSES INVOLVE TIMBER THEFT IN EXCESS OF FIVE THOUSAND DOLLARS ALL MOTOR VEHICLES, CONVEYANCES, TRACTORS, TRAILERS, WATERCRAFT, VESSELS, TOOLS, AND EQUIPMENT OF ANY KIND KNOWINGLY USED IN THE COMMISSION OF THE OFFENSE MAY BE CONFISCATED AND FORFEITED TO THE JURISDICTION WHERE THE OFFENSE OCCURRED, TO PROVIDE FOR FORFEITURE PROCEDURES AND THE SALE OF FORFEITED PROPERTY, AND TO PROVIDE FOR THE DISPOSITION OF THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY; AND TO AMEND CHAPTER 23, TITLE 48, RELATING TO FORESTRY GENERALLY, BY ADDING SECTION 48-23-97, SO AS TO PROVIDE THAT A TIMBER BUYER OR TIMBER OPERATOR PURCHASING TREES, TIMBER, OR WOOD BY THE LOAD MUST FURNISH THE TIMBER GROWER OR SELLER A SEPARATE, TRUE, AND ACCURATE WOOD LOAD TICKET FOR EACH LOAD OF WOOD WITHIN THIRTY DAYS OF COMPLETION OF THE HARVEST, TO PROVIDE EXCEPTIONS TO THE APPLICATION OF THIS SECTION, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Rep. RHOAD asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. RICE objected.
Referred to Committee on Judiciary
H. 5061 (Word version) -- Reps. Merrill and Hinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-47-62 SO AS TO PROHIBIT A PHYSICIAN FROM BEING THE ATTENDING PHYSICIAN AT THE DELIVERY OF A BABY UNLESS THE PHYSICIAN IS BOARD CERTIFIED IN OBSTETRICS OR HAS COMPLETED A RESIDENCY IN OBSTETRICS OR THERE IS A BOARD CERTIFIED OBSTETRICIAN OR A PHYSICIAN HAVING COMPLETED A RESIDENCY IN OBSTETRICS ON THE PREMISES AND TO PROVIDE AN EXCEPTION IN THE CASE OF AN EMERGENCY AND IN COUNTIES OF FEWER THAN TWENTY-FIVE THOUSAND.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5062 (Word version) -- Reps. Thompson, Sharpe, Perry, Clyburn, Hosey, Trotter, Barrett, Cooper, Martin, Rice, Sandifer, Scarborough, D. C. Smith, J. R. Smith, Stille, Webb and White: A BILL TO AMEND TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATER, WATER RESOURCES AND DRAINAGE, SO AS TO ENACT THE "SAVANNAH RIVER BASIN COMPACT" TO ESTABLISH THE FRAMEWORK FOR A MULTIPURPOSE PLAN TO BE ENTERED INTO BY SOUTH CAROLINA AND GEORGIA AND THE FEDERAL GOVERNMENT FOR THE CONSERVATION, UTILIZATION, DEVELOPMENT, MANAGEMENT, AND CONTROL OF THE WATER AND RELATED RESOURCES OF THE SAVANNAH RIVER BASIN; TO ESTABLISH THE SAVANNAH RIVER BASIN COMMISSION AND TO PROVIDE FOR ITS POWERS AND DUTIES, AMONG OTHER THINGS TO OVERSEE THE USE OF THE WATER SUPPLY, POLLUTION CONTROL, FLOOD PROTECTION, WATERSHED MANAGEMENT, RECREATION HYDROELECTRIC POWER, AND THE WITHDRAWAL AND DIVERSION OF WATER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs
H. 5063 (Word version) -- Reps. McLeod, McGee, McCraw, Owens, J. E. Smith, Merrill, Thompson, Bales, Breeland, G. Brown, J. Brown, Carnell, Clyburn, Coleman, Emory, Freeman, Hamilton, Harvin, J. Hines, Huggins, Kennedy, Limehouse, Littlejohn, Lloyd, Martin, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Parks, Perry, Phillips, Riser, Rivers, Scarborough, Scott, Sheheen, D. C. Smith, J. R. Smith, Snow, Stille, Stuart, Tripp, Webb, Whatley and Wilder: A BILL TO AMEND ARTICLE 9, CHAPTER 1 OF TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFICIAL STATE EMBLEMS, BY ADDING SECTION 1-1-703 SO AS TO DESIGNATE THE CAROLINA TARTAN AS THE OFFICIAL TARTAN OF THE STATE OF SOUTH CAROLINA.
Referred to Committee on Education and Public Works
H. 5064 (Word version) -- Reps. Scott, Townsend, Jennings, Bales, Whipper, Clyburn, Govan, Moody-Lawrence, Allen, Askins, Barrett, Battle, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Carnell, Cato, Chellis, Cobb-Hunter, Coleman, Cooper, Dantzler, Davenport, Delleney, Edge, Emory, Fleming, Freeman, Gilham, Gourdine, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Kennedy, Kirsh, Klauber, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Merrill, Miller, J. H. Neal, J. M. Neal, Neilson, Ott, Parks, Phillips, Quinn, Rhoad, Riser, Rivers, Rodgers, Rutherford, Scarborough, Sheheen, Sinclair, F. N. Smith, G. M. Smith, J. E. Smith, W. D. Smith, Snow, Stuart, Talley, Taylor, Thompson, Trotter, Vaughn, Weeks, Whatley, White, Wilder, Witherspoon and J. Young: A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BUDGET AND CONTROL BOARD, BY ADDING ARTICLE 6 SO AS TO ESTABLISH THE MOBILITY DEVELOPMENT AUTHORITY AS A DIVISION WITHIN THE STATE BUDGET AND CONTROL BOARD, AND TO PROVIDE ITS POWERS AND DUTIES; TO AMEND SECTIONS 57-1-20, 57-3-10, AND 57-3-20, ALL AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF TRANSPORTATION AND ITS DIVISIONS, SO AS TO DELETE THE MASS TRANSIT DIVISION; TO REPEAL SECTION 57-3-40, RELATING TO THE DEPARTMENT OF TRANSPORTATION MASS TRANSIT DIVISION'S POWERS AND DUTIES; AND TO REPEAL CHAPTER 25, TITLE 58, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES.
Referred to Committee on Ways and Means
H. 5065 (Word version) -- Reps. Edge and Quinn: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 42 SO AS TO ESTABLISH THE OFFICE OF EARLY START WHICH SHALL BE A SEPARATE AGENCY OF STATE GOVERNMENT WHICH SHALL ADMINISTER A PROGRAM OF GRANTS FOR THIS STATE'S FOUR-YEAR-OLD CHILDREN TO ATTEND PREKINDERGARTEN PROGRAMS OF THEIR PARENTS' CHOICES, AND TO PROVIDE THE AMOUNT OF THE FUNDING FOR THESE GRANTS INCLUDING A PROVISION THAT A CERTAIN PORTION SHALL BE APPROPRIATED FROM THE EDUCATION LOTTERY ACCOUNT IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE; AND TO REPEAL CHAPTER 152 OF TITLE 59 RELATING TO FIRST STEPS TO SCHOOL READINESS.
Referred to Committee on Ways and Means
H. 5066 (Word version) -- Reps. A. Young, Meacham-Richardson and Kennedy: A BILL TO AMEND SECTION 56-1-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A DRIVER'S LICENSE EXPIRATION DATE AND THE DRIVER'S LICENSE RENEWAL PROCEDURE, SO AS TO PROVIDE THAT A DRIVER'S LICENSE EXPIRES ON THE LICENSEE'S BIRTH DATE ON THE TENTH CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH IT IS ISSUED INSTEAD OF ON THE LICENSEE'S BIRTH DATE ON THE FIFTH CALENDAR YEAR AFTER THE CALENDAR YEAR IN WHICH IT IS ISSUED.
Referred to Committee on Education and Public Works
H. 5067 (Word version) -- Rep. Barfield: A BILL TO AMEND TITLE 39, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 77 SO AS TO ENACT THE "ELECTRONIC GOVERNMENT SERVICES ACT," TO PROHIBIT A GOVERNMENT AGENCY FROM ENGAGING IN ELECTRONIC COMMERCE SERVICE ACTIVITY, AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Labor, Commerce and Industry
H. 5068 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TESTING PROGRAMS (NEW TITLE: ASSESSMENT PROGRAM), DESIGNATED AS REGULATION DOCUMENT NUMBER 2613, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5069 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO SUMMER PROGRAMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2679, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5070 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO POLICIES AND PROCEDURES AND UNIT STANDARDS FOR TEACHER EDUCATION PROGRAM APPROVAL IN SOUTH CAROLINA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2681, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
The following was introduced:
H. 5071 (Word version) -- Reps. Parks, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO EXPRESS THE GRATITUDE OF THE HOUSE OF REPRESENTATIVES OF THE STATE OF SOUTH CAROLINA TO HARVEY BANDY FOR HIS THIRTY YEARS OF SERVICE TO THE TOWN OF MCCORMICK, MCCORMICK COUNTY, AND THE STATE OF SOUTH CAROLINA IN HIS ROLE AS MEMBER OF THE TOWN COUNCIL.
The Resolution was adopted.
The following was introduced:
H. 5072 (Word version) -- Rep. Sandifer: A CONCURRENT RESOLUTION TO COMMEND THE SENECA HIGH SCHOOL HONORS CHORALE FOR WINNING THE STATE TITLE AMONG AAA SCHOOLS AND FOR TYING FOR THE GRAND CHAMPIONSHIP AT THE STATE CHORAL FESTIVAL, TO CONGRATULATE THE HONORS CHORALE FOR A LONG TRADITION OF EXCELLENCE IN THE PERFORMING MUSICAL ARTS, AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5073 (Word version) -- Rep. Owens: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE THE PLAYERS, COACHES, AND STAFF OF THE DORCHESTER ACADEMY RAIDER VARSITY FOOTBALL TEAM UPON WINNING THE SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AA STATE CHAMPIONSHIP ON NOVEMBER 16, 2001.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5074 (Word version) -- Rep. Koon: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY UPON THE DEATH OF MRS. MARY ELLEN "SUE" RAWL WINGARD OF LEXINGTON, ON SATURDAY, MARCH 16, 2002, AND TO EXTEND DEEPEST SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5075 (Word version) -- Rep. Townsend: A CONCURRENT RESOLUTION TO COMMEND MR. MARSHALL P. WATT, JR., OF IVA, SOUTH CAROLINA, FOR HIS MANY YEARS OF OUTSTANDING SERVICE TO HIS COMMUNITY AND FOR HIS COMMITMENT TO HELPING OTHERS THROUGH A WIDE RANGE OF ACTIVITIES AND RESPONSIBILITIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows:
Allison Altman Bales Barfield Barrett Battle Bingham Breeland Brown, G. Brown, J. Brown, R. Campsen Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Freeman Frye Gilham Gourdine Hamilton Harrison Haskins Hayes Hines, J. Hines, M. Hinson Hosey Howard Keegan Kelley Kennedy Kirsh Koon Law Leach Lee Littlejohn Lloyd Loftis Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Neal, J.H. Neal, J.M. Ott Owens Parks Perry Phillips Quinn Rhoad Rice Riser Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, J.R. Smith, W.D. Snow Stille Stuart Talley Taylor Thompson Townsend Tripp Trotter Vaughn Walker Webb Weeks Whipper White Wilder Wilkins Young, A. Young, J.
I came in after the roll call and was present for the Session on Wednesday, April 10.
Karl Allen William Witherspoon Jake Knotts Todd Rutherford H.B. "Chip" Limehouse Chip Huggins Denny Neilson Robert Harrell Bessie Moody-Lawrence Eldridge Emory Fletcher Smith Harry Askins Jerry Govan James Klauber Michael Whatley Alex Harvin
STATEMENT FOR THE JOURNAL
I missed roll call because I was still in a subcommittee meeting with Chief Austin and other city officials.
Rep. Jake Knotts
I was not in attendance for roll call because I serve on the Public Service Commission Screening Committee, which was in session screening candidates at that time.
Rep. James Klauber
The SPEAKER granted Rep. JENNINGS a leave of absence for today and tomorrow due to being in Washington, D.C. on State business.
The SPEAKER granted Rep. GOVAN a temporary leave of absence.
Announcement was made that Dr. Charles B. Thomas of Greenville is the Doctor of the Day for the General Assembly.
Reps. ALLISON and VAUGHN presented to the House Miss South Carolina Pageant contestants and representatives.
Rep. HOSEY presented to the House the Allendale-Fairfax High School Men's Basketball Team, 2002 Class AA State Champions, their coaches and other school officials.
Rep. HOSEY presented to the House members of the Allendale-Fairfax High School Debate Team for their excellent showing in the state and national competitions and the 2002 State Two-Person Varsity Open Debate Team Champions.
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. 4523 (Word version)
Date: ADD:
04/10/02 MCGEE
Bill Number: H. 4387 (Word version)
Date: ADD:
04/10/02 CAMPSEN
Bill Number: H. 4387 (Word version)
Date: ADD:
04/10/02 MILLER
Bill Number: H. 4659 (Word version)
Date: ADD:
04/10/02 LOURIE
Bill Number: H. 4659 (Word version)
Date: ADD:
04/10/02 J. E. SMITH
Bill Number: H. 3921 (Word version)
Date: ADD:
04/10/02 MCLEOD
Bill Number: H. 4805 (Word version)
Date: ADD:
04/10/02 WILKINS
Bill Number: H. 5077 (Word version)
Date: ADD:
04/10/02 G. BROWN
Bill Number: H. 5080 (Word version)
Date: ADD:
04/10/02 HAMILTON
Bill Number: H. 5079 (Word version)
Date: ADD:
04/10/02 HAMILTON
The following Bills were taken up, read the third time, and ordered sent to the Senate:
H. 5004 (Word version) -- Reps. Coates and McGee: A BILL TO AMEND A JOINT RESOLUTION OF 2002, BEARING RATIFICATION NUMBER 221, RELATING TO A REFERENDUM ON SCHOOL FINANCE TO BE HELD IN FLORENCE COUNTY SCHOOL DISTRICT ONE, SO AS TO REVISE THE DATE OF THE REFERENDUM TO THE THIRD TUESDAY FOLLOWING RECEIPT OF OFFICIAL NOTICE OF PRECLEARANCE UNDER THE VOTING RIGHTS ACT, TO PROVIDE SPECIAL NOTICE REQUIREMENTS, AND TO SPECIFY THE REFERENDUM QUESTION.
H. 4883 (Word version) -- Reps. Miller, Battle, Freeman, Hayes, Jennings, Keegan, Kennedy and Snow: A BILL TO AMEND SECTION 49-29-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN SCENIC RIVER DESIGNATIONS, SO AS TO DESIGNATE A PORTION OF THE GREAT PEE DEE RIVER AS A SCENIC RIVER.
Rep. HAYES moved to adjourn debate upon the following Bill until Wednesday, April 17, which was adopted:
H. 4659 (Word version) -- Reps. Keegan, Altman, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, Carnell, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Delleney, Emory, Freeman, Frye, Haskins, Hayes, J. Hines, Hinson, Hosey, Howard, Jennings, Kelley, Kirsh, Koon, Law, Leach, Limehouse, Loftis, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J. H. Neal, Ott, Owens, Parks, Perry, Phillips, Rhoad, Rice, Riser, Rodgers, J. R. Smith, Stille, Stuart, Taylor, Trotter, Walker, Allison, Vaughn, Sinclair, White, Littlejohn, Wilder, Lourie, Witherspoon, J. E. Smith and A. Young: A BILL TO AMEND SECTIONS 43-33-20 AND 43-33-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF BLIND AND OTHER DISABLED PERSONS TO USE PUBLIC FACILITIES AND PUBLIC ACCOMMODATIONS AND TO EQUAL ACCESS TO HOUSING ACCOMMODATIONS, SO AS TO PROVIDE THAT A PERSON WITH DISABILITIES HAS THE RIGHT TO BE ACCOMPANIED BY OR HAVE IN HOUSING ACCOMMODATIONS AN ASSISTANCE DOG-IN-TRAINING.
The following Bill was taken up:
H. 4429 (Word version) -- Rep. Askins: A BILL TO AMEND SECTION 54-7-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO REVISE THE DEFINITIONS OF "FIELD ARCHAEOLOGIST", "STATE ARCHAEOLOGIST", AND "UNDERTAKING"; TO AMEND SECTION 54-7-670, AS AMENDED, RELATING TO A HOBBY LICENSE FOR PERSONS WISHING TO CONDUCT TEMPORARY, INTERMITTENT, RECREATIONAL, SMALL SCALE, NONCOMMERCIAL SEARCH, AND RECOVERY OF SUBMERGED PROPERTY, SO AS TO REVISE THE LICENSE FEE, DELETE ALL OTHER CATEGORIES OF HOBBY LICENSES EXCEPT A TWO-YEAR LICENSE; AND DELETE THE REQUIREMENT TO FILE CERTAIN REPORTS UNDER A HOBBY LICENSE WITHIN A WEEK AFTER DIVING ACTIVITIES TOOK PLACE; TO AMEND SECTION 54-7-710, RELATING TO CRITERIA FOR ISSUING AN EXCLUSIVE LICENSE, SO AS TO CHANGE CERTAIN CRITERIA; TO AMEND SECTION 54-7-740, RELATING TO ADDITIONAL PROVISIONS APPLICABLE TO LICENSES ISSUED BY THE STATE ARCHAEOLOGIST, SO AS TO CHANGE THIS TITLE TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-800, RELATING TO THE SUSPENSION OF A LICENSE ISSUED BY THE INSTITUTE OF ARCHAEOLOGY AND ANTHROPOLOGY, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; TO AMEND SECTION 54-7-810, RELATING TO PENALTIES FOR VIOLATIONS OF CERTAIN PROVISIONS OF THE SOUTH CAROLINA UNDERWATER ANTIQUITIES ACT OF 1991, SO AS TO DELETE REFERENCES TO SECTION 54-7-680 WHICH IS REPEALED BY THIS ACT; TO AMEND SECTION 54-7-820, RELATING TO THE RETENTION AND DISTRIBUTION OF DATA FOR RESEARCH OR EDUCATIONAL PURPOSES, SO AS TO CHANGE THE TITLE OF THE STATE ARCHAEOLOGIST TO THE STATE UNDERWATER ARCHAEOLOGIST; AND TO REPEAL SECTION 54-7-680 RELATING TO THE ISSUANCE OF AN INSTRUCTIONAL LICENSE TO ALLOW STUDENT DIVERS OR CHARTER GROUP DIVERS WITHOUT INDIVIDUAL HOBBY LICENSES TO COLLECT ARTIFACTS.
Rep. FRYE moved to recommit the Bill to the Committee on Agriculture, Natural Resources and Environmental Affairs, which was agreed to.
The following Bill was taken up:
H. 4222 (Word version) -- Reps. Frye and Koon: A BILL TO AMEND SECTION 50-13-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWFUL METHODS OF CATCHING FISH, SO AS TO PROVIDE THAT NOT MORE THAN THREE RATHER THAN TWO DEVICES PERMITTED TO BE USED TO CATCH FISH MAY BE USED BY ANY ONE INDIVIDUAL WHILE FISHING; AND TO AMEND SECTION 50-13-11, AS AMENDED, RELATING TO THE USE OF UNLIMITED NUMBER OF FISHING DEVICES, SO AS TO PROVIDE THAT ANY PERSON FISHING IN A BOAT IN SALT WATER MAY USE AN UNLIMITED NUMBER OF FISHING DEVICES AS PROVIDED IN THE SECTION.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5176DJC02):
Amend the bill, as and if amended, Section 50-13-10, SECTION 1, page 1, line 30, by inserting / fresh / after / all / and line 32, by striking / three / and inserting / eight /.
When amended, Section 50-13-10 shall read:
"Section 50-13-10. The catching of game fish in all fresh waters of the State shall be only with hook and line, fly rod, casting rod, pole, and line and hand line. Not more than two eight of the above-mentioned devices may be used by any one individual while fishing."
Renumber sections to conform.
Amend title to conform.
Rep. OTT explained the amendment.
Reps. COLEMAN, KNOTTS, BALES, SHEHEEN, EASTERDAY, MERRILL, OTT, THOMPSON, BINGHAM, LAW, PERRY, PHILLIPS, SHARPE, TRIPP and RHOAD requested debate on the Bill.
The following Bill was taken up, read the second time, and ordered to a third reading:
S. 894 (Word version) -- Senator Gregory: A BILL TO AMEND CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME, BY ADDING SECTION 50-11-544 SO AS TO PROVIDE THAT A PERSON WHO HUNTS WILD TURKEYS IS REQUIRED TO POSSESS A SET OF WILD TURKEY TRANSPORTATION TAGS ISSUED BY THE DEPARTMENT OF NATURAL RESOURCES; TO AMEND SECTION 50-11-500, AS AMENDED, RELATING TO WILD TURKEY, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO TAKE OR ATTEMPT TO TAKE A WILD TURKEY WITH A RIFLE, PISTOL, BUCKSHOT, OR SHOTGUN SLUG; TO AMEND SECTION 50-11-530, AS AMENDED, RELATING TO THE AUTHORITY OF THE DEPARTMENT TO REGULATE WILD TURKEY HUNTING, SO AS TO DELETE THE BAG LIMIT FOR TURKEYS IN GAME ZONES 6 AND 11; TO AMEND SECTION 50-11-540, AS AMENDED, RELATING TO PENALTIES FOR VIOLATING RULES APPLICABLE TO WILD TURKEY HUNTING, SO AS TO DELETE CERTAIN PROVISIONS RELATING TO FORFEITURE, TO PROVIDE FOR RESTITUTION TO THE DEPARTMENT FOR WILD TURKEYS TAKEN UNLAWFULLY AND FOR FORFEITURE OF HUNTING AND FISHING LICENSES FOR PERSONS CONVICTED OF TAKING A WILD TURKEY ILLEGALLY; AND TO AMEND SECTION 50-11-560, AS AMENDED, RELATING TO OPEN SEASON FOR MALE WILD TURKEY IN GAME ZONES 6 AND 11 SO AS TO PROVIDE THAT MALE WILD TURKEY MAY BE HUNTED FROM MARCH FIFTEENTH TO MAY FIRST IN GAME ZONES 6 AND 11, AND IN ALL OTHER GAME ZONES AS PROMULGATED AND PUBLISHED BY THE DEPARTMENT.
Rep. OTT explained the Bill.
The following Bill was taken up:
H. 3851 (Word version) -- Reps. J. E. Smith and Rodgers: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\PT\AMEND\1882DW02), which was adopted:
Amend the bill, as and if amended, SECTION 1, Section 6-1-530(A)(3), line 31, after the word /access/ by inserting / approved by the accommodations tax oversight committee /
When amended Section 6-1-530(A) shall read:
/ "(A) The revenue generated by the local accommodations tax must be used exclusively for the following purposes:
(1) tourism-related buildings including, but not limited to, civic centers, coliseums, and aquariums;
(2) tourism-related cultural, recreational, or historic facilities;
(3) beach access, and renourishment, or other tourism-related lands and water access approved by the accommodations tax oversight committee;
(4) highways, roads, streets, and bridges providing access to tourist destinations;
(5) advertisements and promotions related to tourism development; or
(6) water and sewer infrastructure to serve tourism-related demand." /
Amend title to conform.
Rep. HARRELL explained the amendment.
The amendment was then adopted.
Reps. DELLENEY and SHEHEEN proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\AMEND\ 4824MM02):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. Section 6-4-5(5) of the 1976 Code, as added by Act 74 of 2001, is amended to read:
"(5) 'Tourist' means, for a county classified as 'least developed' or with a higher credit amount classification, as provided by Section 12-6-3360, a person traveling to places outside his home community for any purpose other than daily commutes to and from work. For other counties, 'tourist' means a person traveling to and staying in places outside his usual environment for one night or more for leisure, business, or any other purpose. A person meeting this definition may be staying in places of public accommodations such as hotels, motels, inns, bed and breakfasts, campgrounds, or the residences of family or friends."
Renumber sections to conform.
Amend totals and title to conform.
Rep. DELLENEY explained the amendment.
Rep. KELLEY spoke in favor of the amendment.
Rep. KELLEY moved to adjourn debate on the amendment, which was agreed to.
Reps. CAMPSEN, J. E. SMITH, RODGERS and KELLEY proposed the following Amendment No. 3 (Doc Name COUNCIL\ GJK\AMEND\21251SD02):
Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:
/ SECTION ___. Section 6-4-5 of the 1976 Code, as last amended by Act 74 of 2001, is further amended by adding at the end:
"(6) 'Day visitor' or 'day visitors' means a person or persons who travel outside their usual environment or community of residence to engage in leisure or recreational activity in another environment or community, but who do not spend a night in that other environment or community."
SECTION ____. Section 6-4-10(4)(b) of the 1976 Code, as added by Act 612 of 1990, is amended by adding at the end:
"Subject to the oversight authority of the Accommodations Tax Oversight Committee, these funds may also be used to provide services for day visitors to municipalities that have beaches bordering the Atlantic Ocean." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 3, Rep. CAMPSEN having the floor.
Rep. CAMPSEN moved that the House recur to the Morning Hour, which was agreed to.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report with amendments on:
H. 3906 (Word version) -- Rep. Wilkins: A BILL TO AMEND SECTION 15-49-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDICIAL DISCRETION IN GRANTING A NAME CHANGE, SO AS TO REQUIRE A PERSON SEEKING A NAME CHANGE TO BE FINGERPRINTED AND TO PROVIDE THE RESULTS OF A SOUTH CAROLINA LAW ENFORCEMENT DIVISION CRIMINAL RECORD CHECK, A SCREENING STATEMENT FROM THE DEPARTMENT OF SOCIAL SERVICES THAT THE PERSON IS NOT ON THE DEPARTMENT'S REGISTRY OF PERPETRATORS OF CHILD ABUSE OR NEGLECT, AND A CHILD SUPPORT PAYMENT PRINTOUT; TO EXEMPT FROM THESE REQUIREMENTS PARENTS SEEKING A NAME CHANGE FOR THEIR MINOR CHILD AND PERSONS SEEKING TO RETURN TO THEIR MAIDEN NAME OR A FORMER MARRIED NAME IN A DIVORCE ACTION; AND TO REQUIRE THE COURT TO CONDUCT A HEARING ON THE PETITION.
Ordered for consideration tomorrow.
The following was introduced:
H. 5076 (Word version) -- Rep. Huggins: A HOUSE RESOLUTION TO COMMEND THE DUTCH FORK HIGH SCHOOL SAT TEAM FOR ITS COMMITMENT TO ACADEMIC EXCELLENCE AND TO CONGRATULATE THE TEAM ON WINNING THE CLASS AAAA SAT STATE CHAMPIONSHIP.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5077 (Word version) -- Reps. Sharpe, Cooper, Davenport, Delleney, Leach, Perry, Riser, D. C. Smith, J. R. Smith, Snow and G. Brown: A JOINT RESOLUTION TO CREATE THE SOUTH CAROLINA UNBORN CHILDREN'S MONUMENT COMMISSION TO ERECT A MONUMENT ON THE STATE HOUSE GROUNDS AS A MEMORIAL TO UNBORN CHILDREN WHO HAVE GIVEN THEIR LIVES BECAUSE OF LEGAL ABORTIONS IN SOUTH CAROLINA AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION AND TO REQUIRE PRIVATE FUNDING FOR THE ESTABLISHMENT OF THIS MONUMENT.
Referred to Committee on Education and Public Works
H. 5078 (Word version) -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-9-100 SO AS TO REQUIRE APPLICANTS FOR CHIROPRACTIC LICENSURE OR LICENSURE RENEWAL TO PROVIDE PROOF OF PROFESSIONAL LIABILITY INSURANCE AND TO PROVIDE THAT LICENSURE MUST BE DENIED IF THIS INFORMATION IS NOT PROVIDED OR CANCELLED IF THE LICENSEE DOES NOT MAINTAIN THE REQUIRED INSURANCE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5079 (Word version) -- Reps. Loftis, Altman, Bales, Cato, Davenport, Easterday, Leach, Rhoad, Rice, F. N. Smith, Taylor, Tripp and Hamilton: 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 NONRESIDENTS FROM REQUIRING ANNEXATION AS A CONDITION OF THE RECEIPT OF THE SERVICES.
Referred to Committee on Judiciary
H. 5080 (Word version) -- Reps. Loftis, Altman, Bales, Hamilton, Cato, Davenport, Easterday, Leach, Rice, F. N. Smith, Taylor and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-31-225 SO AS TO PROVIDE THAT IF A BOARD OF COMMISSIONERS OF PUBLIC WORKS PROVIDES WATER SERVICE TO CUSTOMERS OUTSIDE THE CORPORATE LIMITS OF THAT MUNICIPALITY, THOSE CUSTOMERS TO WHOM WATER SERVICE IS PROVIDED ARE DEEMED QUALIFIED ELECTORS FOR THE ELECTION OF COMMISSIONERS OF PUBLIC WORKS AND MAY VOTE FOR THESE COMMISSIONERS AT THE TIME OF THEIR ELECTION.
Referred to Committee on Judiciary
H. 5081 (Word version) -- Reps. Cooper and White: A BILL TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT THE COURT'S AUTHORITY TO GRANT GRANDPARENT VISITATION ALSO INCLUDES THE AUTHORITY TO GRANT VISITATION WHEN THE PARENTS REFUSE TO ALLOW VISITATION AND THE COURT FINDS THAT VISITATION WOULD BE IN THE BEST INTERESTS OF THE CHILD AND WOULD NOT INTERFERE WITH THE PARENT/CHILD RELATIONSHIP.
Referred to Committee on Judiciary
H. 5082 (Word version) -- Reps. Keegan, Barfield, Edge and Kelley: A BILL TO AMEND SECTION 12-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE DEED RECORDING FEE, SO AS TO PROVIDE THAT DEEDS TRANSFERRING REALTY FROM A CORPORATION, A PARTNERSHIP, OR A TRUST AS A STOCKHOLDER, PARTNER, OR TRUST BENEFICIARY OF THE ENTITY OR TO BECOME A STOCKHOLDER, PARTNER, OR TRUST BENEFICIARY OF THE ENTITY ARE EXEMPT FROM THE FEE, AND THAT, EXCEPT FOR TRANSFERS FROM ONE FAMILY TRUST TO ANOTHER FAMILY TRUST, THE TRANSFER OF REALTY TO A CORPORATION, A PARTNERSHIP, OR A TRUST TO A STOCKHOLDER, PARTNER, OR TRUST BENEFICIARY OF THE ENTITY IS SUBJECT TO THE FEE.
Referred to Committee on Ways and Means
The SPEAKER granted Reps. WITHERSPOON and BARFIELD a leave of absence for the remainder of the day to attend a Nuclear Waste Disposal Site meeting.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 3, Rep. CAMPSEN having the floor:
H. 3851 (Word version) -- Reps. J. E. Smith and Rodgers: A BILL TO AMEND SECTION 6-1-530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVENUE GENERATED BY THE LOCAL ACCOMMODATIONS TAX, SO AS TO ALSO REQUIRE THEIR USE FOR OTHER TOURISM-RELATED LANDS AND WATER ACCESS.
Reps. CAMPSEN, J. E. SMITH, RODGERS and KELLEY proposed the following Amendment No. 3 (Doc Name COUNCIL\ GJK\AMEND\21251SD02), which was adopted:
Amend the bill, as and if amended, by adding the following new SECTIONS appropriately numbered to read:
/ SECTION ___. Section 6-4-5 of the 1976 Code, as last amended by Act 74 of 2001, is further amended by adding at the end:
"(6) 'Day visitor' or 'day visitors' means a person or persons who travel outside their usual environment or community of residence to engage in leisure or recreational activity in another environment or community, but who do not spend a night in that other environment or community."
SECTION ____. Section 6-4-10(4)(b) of the 1976 Code, as added by Act 612 of 1990, is amended by adding at the end:
"Subject to the oversight authority of the Accommodations Tax Oversight Committee, these funds may also be used to provide services for day visitors to municipalities that have beaches bordering the Atlantic Ocean." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. CAMPSEN continued speaking.
The amendment was then adopted.
Rep. KELLEY moved to adjourn debate on the Bill until Thursday, April 11, which was agreed to.
Rep. KELLEY moved to reconsider the vote whereby Amendment No. 1 was adopted on H. 3851 and the motion was noted.
Rep. SANDIFER moved that the House recede until 2:00 p.m., which was agreed to.
At 2:00 p.m. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 999 (Word version) -- Senators Hayes, Martin, Ritchie, Drummond, Land, Setzler and Pinckney: A BILL TO AMEND SECTION 11-13-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SECURITY REQUIRED FOR STATE FUNDS IN EXCESS OF THE FEDERAL DEPOSIT INSURANCE LIMIT DEPOSITED BY THE STATE TREASURER IN A BANK OR SAVINGS AND LOAN ASSOCIATION, SO AS TO ALLOW SECURITY FOR THESE DEPOSITS IN THE FORM OF LETTERS OF CREDIT, AND TO PROVIDE THE REQUIREMENTS FOR THESE LETTERS OF CREDIT.
Rep. HARRELL explained the Bill.
H. 4676 (Word version) -- Rep. Kelley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-3-77 SO AS TO PROVIDE FOR THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 1-11-55, RELATING TO LEASING OF REAL PROPERTY FOR GOVERNMENTAL BODIES; TO AMEND SECTION 2-3-75, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE OFFICE OF LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES; TO AMEND SECTION 2-13-60, AS AMENDED, RELATING TO THE DUTIES OF THE CODE COMMISSIONER; TO AMEND SECTION 2-13-180, RELATING TO THE PUBLICATION OF ADVANCE SHEETS OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 2-13-190, AS AMENDED, RELATING TO PRINTING OF ADVANCE SHEETS IN SIGNATURES AND DISTRIBUTION OF PAGE PROOFS BY THE CODE COMMISSIONER; TO AMEND SECTION 2-13-200, RELATING TO THE SALE AND DISPOSITION OF PROCEEDS FROM THE SALE OF ADVANCE SHEETS; TO AMEND SECTION 2-13-210, RELATING TO THE PUBLICATION OF THE ACTS AND JOINT RESOLUTIONS; TO AMEND SECTION 11-35-310, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE PROCUREMENT CODE; AND TO AMEND SECTION 29-6-250, RELATING TO A LABOR AND MATERIAL PAYMENT BOND REQUIRED BY A GOVERNMENTAL BODY UNDER CERTAIN CIRCUMSTANCES, SO AS TO CONFORM REFERENCES IN THESE SECTIONS TO REFLECT THE CORRECT NAME OF THE OFFICE OF LEGISLATIVE PRINTING, INFORMATION AND TECHNOLOGY SYSTEMS CREATED FROM THE MERGER OF THE OFFICES OF LEGISLATIVE INFORMATION SYSTEMS AND LEGISLATIVE PRINTING AND INFORMATION TECHNOLOGY RESOURCES, AND TO DELETE ARCHAIC REFERENCES.
Rep. RISER explained the Bill.
H. 4609 (Word version) -- Reps. Kelley, Cotty, Bales, Barrett, Battle, Chellis, Cooper, Davenport, Delleney, Fleming, Huggins, Keegan, Knotts, Lourie, McCraw, Miller, Ott, Phillips, Rice, Riser, Rutherford, Sandifer, J. R. Smith, Snow, Stille, Taylor, Trotter, White, Wilder and Rodgers: A BILL TO AMEND SECTION 8-11-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LUMP SUM PAYMENT FOR ACCRUED ANNUAL LEAVE OF STATE EMPLOYEES ON RETIREMENT OR SEPARATION FROM SERVICE, SO AS TO PROVIDE THAT NO LUMP SUM MAY BE PAID TO A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED BY A STATE AGENCY; TO AMEND SECTION 8-17-370, AS AMENDED, RELATING TO EMPLOYEES EXEMPT FROM THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, SO AS TO EXEMPT A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED BY A STATE AGENCY TO FILL A FULL-TIME EQUIVALENT POSITION COVERED BY THE STATE EMPLOYEE GRIEVANCE PROCEDURE ACT, AND TO AMEND SECTION 9-11-90, AS AMENDED, RELATING TO RETURNING TO SERVICE UNDER THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEMS, SO AS TO ELIMINATE THE EARNINGS LIMITATION FOR A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO IS HIRED IN A POSITION COVERED BY THAT RETIREMENT SYSTEMS OR OTHER STATE RETIREMENT SYSTEMS AND TO REDUCE FROM SIXTY DAYS TO FIFTEEN CONSECUTIVE CALENDAR DAYS THE MINIMUM INTERVAL BEFORE A RETIRED MEMBER OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM MAY BE HIRED BY A COVERED EMPLOYER WITHOUT AFFECTING THE MEMBER'S RETIREMENT ALLOWANCE.
Rep. RISER explained the Bill.
H. 5000 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO SEASONS, LIMITS, METHODS OF TAKE, AND SPECIAL USE RESTRICTIONS ON WMA'S, DESIGNATED AS REGULATION DOCUMENT NUMBER 2657, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. OTT explained the Joint Resolution.
H. 5002 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SPECIFIC PROJECT STANDARDS FOR TIDELANDS AND COASTAL WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2629, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE explained the Joint Resolution.
S. 1160 (Word version) -- Senator Peeler: A BILL TO AMEND SECTION 40-47-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS TO BE LICENSED AS A PHYSICIAN, SO AS TO REVISE REQUIREMENTS CONCERNING DAILY SCORES ON FLEX EXAMINATIONS TAKEN BEFORE JULY 1, 1985, AND TO PROVIDE THAT A PASSING SCORE ON THE COMVEX EXAMINATION MUST BE ESTABLISHED BY THE TESTING AGENCY.
Rep. J. BROWN explained the Bill.
S. 1142 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LICENSING HOSPICES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2660, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MACK explained the Joint Resolution.
H. 4876 (Word version) -- Reps. Koon, Frye, Rhoad and Ott: A BILL TO AMEND SECTION 50-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IT BEING UNLAWFUL TO CARRY WEAPONS WHILE HUNTING RACCOONS, OPOSSUMS, OR FOX DURING THE PERIOD IT IS LAWFUL TO HUNT THEM WITHOUT WEAPONS, SO AS TO PROVIDE THAT IT IS LAWFUL TO RUN RACCOONS WITH DOGS AT ANY TIME DURING THE YEAR.
Rep. OTT explained the Bill.
H. 5016 (Word version) -- Reps. Stuart and Townsend: A BILL TO AMEND SECTION 56-3-8100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPOSIT REQUIRED BY THE DEPARTMENT OF PUBLIC SAFETY OF AN INDIVIDUAL OR ORGANIZATION SEEKING ISSUANCE OF A SPECIAL LICENSE PLATE BE PLACED INTO A SPECIAL RESTRICTED ACCOUNT TO BE USED BY THE DEPARTMENT TO DEFRAY THE EXPENSES OF THE MOTOR VEHICLE DIVISION, TO PROVIDE THAT THE DEPARTMENT MAY REQUIRE SPECIAL LICENSE PLATE APPLICANTS TO APPLY FOR A SPECIAL LICENSE PLATE BY MAIL OR ELECTRONIC FORMAT UNDER CERTAIN CIRCUMSTANCES, AND TO REVISE THE CIRCUMSTANCES IN WHICH THE DEPARTMENT SHALL DISCONTINUE THE PRODUCTION OF A SPECIAL LICENSE PLATE.
Rep. STUART explained the Bill.
H. 5021 (Word version) -- Rep. Ott: A BILL TO PROVIDE THAT THE INTERCHANGES OF INTERSTATE HIGHWAY 95 WITH HIGHWAY 301 AND HIGHWAY 6 IN ORANGEBURG COUNTY MAY BE MOWED BEYOND THIRTY FEET FROM THE PAVEMENT.
Rep. LOURIE moved to adjourn debate upon the following Bill, which was adopted:
H. 3921 (Word version) -- Reps. Perry, Whatley, Knotts, Coates, D. C. Smith and McLeod: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE INCOME TAX DEDUCTION ALLOWED VOLUNTEER FIREFIGHTER AND RESCUE SQUAD MEMBERS, SO AS TO EXTEND THE DEDUCTION TO A VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM AND TO DELETE OBSOLETE PROVISIONS, AND TO AMEND SECTION 23-9-190, RELATING TO THE ESTABLISHMENT OF A PERFORMANCE-BASED POINT SYSTEM TO DETERMINE ELIGIBILITY FOR THE STATE INCOME TAX DEDUCTION ALLOWED VOLUNTEER FIREFIGHTERS AND RESCUE SQUAD WORKERS, SO AS TO EXTEND THIS POINT SYSTEM TO VOLUNTEER HAZMAT TEAM MEMBERS.
The following Bill was taken up:
H. 4805 (Word version) -- Reps. Vaughn, Allison, Cato, Hamilton, Wilkins, Leach, Littlejohn, Lourie, Mack, Rodgers, Sheheen, Tripp, Whatley and J. Young: A BILL TO AMEND CHAPTER 10, TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL SALES AND USE TAX, BY ADDING ARTICLE 7 ENACTING THE MUNICIPAL CAPITAL PROJECT SALES TAX ACT SO AS TO PROVIDE FOR THE IMPOSITION OF A ONE CENT SALES AND USE TAX BY REFERENDUM IN A MUNICIPALITY FOR A SPECIFIC PERIOD OF TIME AND FOR SPECIFIC PROJECTS, AND TO PROVIDE THE METHOD FOR IMPOSITION, PAYMENT, AND COLLECTION OF THIS TAX.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\BBM\AMEND\ 10990HTC02), which was adopted:
Amend the bill, as and if amended, in Section 4-10-790, as contained in SECTION 1, page 6, line 3, by striking /local/ and inserting /municipal/ so that when amended, Section 4-10-790 reads:
/ "Section 4-10-790. Annually, and only in the month of June, funds collected by the department from the municipal option capital project sales tax, which are not identified as to the governmental unit due the tax, must be transferred, after reasonable effort by the department to determine the appropriate governmental unit, to the State Treasurer's Office. The State Treasurer shall distribute these funds to the municipal treasurer and the revenues must be used only for the purposes stated in the imposition ordinance." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HARRELL moved to adjourn debate upon the following Bill, which was adopted:
H. 3563 (Word version) -- Reps. Quinn, Bales, Davenport and Lourie: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE AUTHORIZATION OF STATE CAPITAL IMPROVEMENT BONDS, SO AS TO UPDATE REFERENCES, MAKE PERMANENT THE ADDITIONAL TAX OF THIRTY-FIVE ONE-HUNDREDTHS PERCENT ON FIRE INSURANCE PREMIUMS PREVIOUSLY DEDICATED TO THE REPAYMENT OF INTEREST AND PRINCIPAL ON CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE CONSTRUCTION OF THE FIRE ACADEMY, AND ALLOWING THE REVENUES OF THIS TAX AFTER THE BONDS ARE RETIRED TO BE RETAINED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION FOR USE BY ITS DIVISION OF FIRE AND LIFE SAFETY FOR CAPITAL IMPROVEMENTS, DIVISION EXPENSES, AND PUBLIC EDUCATION, AND TO MAKE CONFORMING AMENDMENTS.
The following Joint Resolution was taken up:
H. 5001 (Word version) -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF NATURAL RESOURCES, RELATING TO REAL PROPERTY OWNED BY THE DEPARTMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 2685, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. OTT explained the Joint Resolution.
Rep. OTT moved to adjourn debate on the Joint Resolution until Tuesday, April 16, which was agreed to.
The following Joint Resolution was taken up:
H. 5008 (Word version) -- Reps. Fleming and Wilder: A JOINT RESOLUTION TO SUSPEND THE CERTIFICATION REQUIREMENTS OF ACT 101 OF 1999, WHICH REQUIRES AN INDIVIDUAL TO BE CERTIFIED BY THE SOUTH CAROLINA RADIATION QUALITY STANDARDS ASSOCIATION TO USE IONIZING RADIATION OR EQUIPMENT ON HUMANS FOR DIAGNOSTIC OR THERAPEUTIC PURPOSES.
Rep. FLEMING moved to commit the Joint Resolution to the Committee on Medical, Military, Public and Municipal Affairs, which was agreed to.
The following Bill was taken up:
H. 4548 (Word version) -- Reps. W. D. Smith, Scarborough, McLeod, Knotts and Owens: A BILL TO AMEND SECTIONS 4-12-30, 4-29-67, AND 12-44-30, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VARIOUS FEES IN LIEU OF PROPERTY TAXES AND THE APPLICABLE INVESTMENT THRESHOLDS FOR ELIGIBILITY FOR THESE FEES, SO AS TO PROVIDE THAT THERE MAY BE INCLUDED TO MEET THE MINIMUM INVESTMENT THRESHOLD REQUIREMENT AMOUNTS EXPENDED FOR COSTS INCURRED FOR VOLUNTARY CLEANUP ACTIVITY OF A NONRESPONSIBLE PARTY PURSUANT TO ARTICLE 7, CHAPTER 56, TITLE 44 OF THE 1976 CODE, THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND TO PROVIDE THAT AT LEAST ONE MILLION DOLLARS OF CLEANUP COSTS INCURRED QUALIFY THE PROJECT FOR THE FEE.
The Agriculture, Natural Resources and Environmental Affairs Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\5284DJC02), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered sections to read:
/SECTION __. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3550. (A) A taxpayer is allowed a credit against taxes due under Section 12-6-530 for costs of voluntary clean-up activity by a nonresponsible party pursuant to Article 7, Chapter 56 of Title 44, the Brownfields Voluntary Cleanup Program, in the manner provided in this section.
(B) For expenses paid or accrued by the taxpayer in cleaning up a site under the applicable article, the credit is equal to fifty percent of the expenses of the cleanup or cash contributions to the cleanup but not more than fifty thousand dollars in a taxable year. The credit is available only for site rehabilitation conducted during the taxable year in which the tax credit application is submitted. Any unused credit, up to a total of one hundred thousand dollars, may be carried forward five years. Multiple taxpayers working jointly to clean up a single site are allowed the credit in the same proportion as their contribution to payment of clean-up costs.
(C) The taxpayer is allowed an additional ten percent of the total clean-up costs, not to exceed fifty thousand dollars, in the final year of clean up as evidenced by the Department of Health and Environmental Control issuing a certificate of completion for that site.
(D) To be eligible for the tax credit the applicant must have entered into a nonresponsible party voluntary clean-up contract with the Department of Health and Environmental Control (DHEC) pursuant to Section 44-56-750.
(E) To obtain the tax credit certificate, an applicant must annually file an application for certification, which must be received by DHEC by December thirty-first. The applicant shall provide all pertinent information requested on the tax credit application form including, at a minimum, the name and address of the applicant and the address and tracking identification of the eligible site. Along with the application form, the applicant shall submit the following:
(1) copies of contracts and documentation of contract negotiations, accounts, invoices, sales tickets, or other payment records for purchases, sales, leases, or other transactions involving the actual costs incurred for that taxable year related to site rehabilitation under the voluntary clean-up contract; and
(2) proof that the documentation submitted pursuant to item (1) has been reviewed and verified by an independent certified public accountant who must attest to the accuracy and validity of the costs incurred and paid by conducting an independent review of the data presented by the applicant. A copy of the accountant's report must be submitted to DHEC with the tax credit application.
(F) If upon review of the tax credit application and any supplemental documentation submitted by each applicant, DHEC determines that the applicant has met all requirements for the tax credit, it shall issue a tax credit certificate before April first. The applicant shall pay the administrative costs of this review pursuant to the provisions of Section 44-56-750(D).
(G) DHEC may prescribe the necessary forms required to claim the credit under this section and to provide the administrative guidelines and procedures required to administer this section.
(H) DHEC may revoke or modify any written decision granting eligibility for partial tax credits under this section if it is discovered that the tax credit applicant submitted any false statement, representation, or certification in any application, record, report, plan, or other document filed in an attempt to receive the credit under this section. DHEC shall immediately notify the Department of Revenue of any revoked or modified orders affecting previously granted tax credits. Additionally, the taxpayer shall notify the Department of Revenue of any change in tax credit claimed.
(I) This section applies for eligible clean-up expenses incurred after 2001."
SECTION __. Section 12-6-3360(E) of the 1976 Code is amended to read:
"(E)(1) Taxpayers which qualify for the job tax credit provided in subsection (C) and which are located in a business or industrial park jointly established and developed by a group of counties pursuant to Section 13 of Article VIII of the Constitution of this State are allowed an additional one thousand dollar credit for each new full-time job created. This additional credit is permitted for five years beginning in the taxable year following the creation of the job.
(2) Taxpayers which otherwise qualify for the job tax credit provided in subsection (C) and which are located and the qualifying jobs are located on property where a response action has been completed pursuant to a nonresponsible party voluntary cleanup contract pursuant to Article 7, Chapter 56 of Title 44, the Brownfields Voluntary Cleanup Program, are allowed an additional one thousand dollar credit for each new full-time job created. This additional credit is permitted for five years beginning in the taxable year following the creation of the job. No credit under this item is allowed a taxpayer that is a 'responsible party' as defined in that article."
SECTION __. Section 12-37-220(B) of the 1976 Code is amended by adding an appropriately numbered item at the end to read:
"( ) Subject to the approval by resolution of the county governing body, property and improvements subject to a nonresponsible party voluntary clean-up contract for which a certificate of completion has been issued by the Department of Health and Environmental Control pursuant to Article 7, Chapter 56 of Title 44, the Brownfields Voluntary Cleanup Program, is exempt from ad valorem taxation in the same manner and to the same extent as the exemption allowed pursuant to subsection (A)(7) of this section. This exemption applies beginning with the taxable year in which the certificate of completion is issued."
SECTION __. The incentives offered in this act apply only to projects receiving a certification of completion from the Department of Health and Environmental Control after the effective date of this act." /
Renumber sections to conform.
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. LEACH moved to adjourn debate upon the following Bill until Tuesday, April 16, which was adopted:
H. 4714 (Word version) -- Reps. Jennings, Freeman, Lucas, Neilson and Sheheen: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON ON ANTLERED DEER, SO AS TO PROVIDE A SEASON FOR TAKING ANTLERED DEER WITH PRIMITIVE WEAPONS IN GAME ZONE FIVE.
Reps. A. YOUNG and RODGERS withdrew their requests for debate on H. 3592; however, other requests for debate remained on the Bill.
Rep. OTT asked unanimous consent to recall S. 813 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. FLEMING objected.
On motion of Rep. RHOAD, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
H. 4720 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 1 WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. RHOAD, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
H. 4721 (Word version) -- Rep. Rhoad: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 7 AND 8, 2002, BY THE STUDENTS OF A SCHOOL IN BAMBERG COUNTY SCHOOL DISTRICT 2 WHEN THE SCHOOL WAS CLOSED DUE TO WATER PROBLEMS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. COATES, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
H. 4653 (Word version) -- Rep. Askins: A JOINT RESOLUTION TO PROVIDE THAT SCHOOL DAYS MISSED ON JANUARY 3 AND 4, 2002, BY THE STUDENTS OF ANY SCHOOL IN FLORENCE COUNTY SCHOOL DISTRICT THREE WHEN THE SCHOOL WAS CLOSED DUE TO SNOW, ICE, OR INCLEMENT WEATHER CONDITIONS ARE EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. MARTIN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works:
S. 947 (Word version) -- Senator Alexander: A JOINT RESOLUTION TO PROVIDE THAT UPON A VOTE BY A MAJORITY OF THE OCONEE COUNTY SCHOOL BOARD OF TRUSTEES, UP TO THREE DAYS MISSED BY THE STUDENTS OF THE OCONEE COUNTY SCHOOL DISTRICT DUE TO INCLEMENT WEATHER ARE EXEMPT FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN.
The Senate amendments to the following Bill were taken up for consideration:
H. 3623 (Word version) -- Reps. Allison, Townsend and Robinson: A BILL TO AMEND SECTION 59-63-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST PUBLIC SCHOOL STUDENTS POSSESSING PAGING DEVICES ON SCHOOL PROPERTY OR WHILE ATTENDING SCHOOL EVENTS, SO AS TO PROVIDE THAT PAGING DEVICES WHICH ARE CONFISCATED PURSUANT TO THIS PROVISION AND FORFEITED TO THE SCHOOL DISTRICT SHALL BE RETURNED TO THE OWNER IN THE MANNER AND UNDER THE TIME LINES GOVERNED BY SCHOOL DISTRICT POLICY.
Rep. WALKER explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3613 (Word version) -- Reps. Trotter, Cato and Sandifer: A BILL TO AMEND SECTION 58-35-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORMATION OF AN ASSOCIATION PROVIDING FOR MUTUAL RECEIPT OF NOTIFICATION OF EXCAVATION OR DEMOLITION OPERATIONS FOR OPERATORS HAVING UTILITIES IN THIS STATE, SO AS TO REQUIRE THE ASSOCIATION TO FILE WITH THE CHAIRMEN OF THE SENATE AND HOUSE OF REPRESENTATIVES LABOR, COMMERCE AND INDUSTRY COMMITTEES AN ANNUAL REPORT COVERING CERTAIN ACTIVITIES AND OPERATIONS OF THE ASSOCIATION FOR THE PRECEDING CALENDAR YEAR.
Rep. CATO explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration:
H. 3838 (Word version) -- Reps. Witherspoon, Sharpe, Allison, Barfield, Barrett, Battle, Cato, Coates, Dantzler, Davenport, Edge, Emory, Hayes, Jennings, Kennedy, Koon, Littlejohn, Lourie, McCraw, McGee, Miller, Moody-Lawrence, J. M. Neal, Rhoad, Riser, Rivers, Robinson, Sandifer, Sinclair, G. M. Smith, J. E. Smith, J. R. Smith, Snow, Stille, Stuart, Trotter, Webb and J. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-1-75 SO AS TO MAKE IT UNLAWFUL TO DAMAGE OR DESTROY RESEARCH FARM PRODUCTS, TO DEFINE RESEARCH FARM PRODUCTS FOR THIS PURPOSE, TO PERMIT THE COURT TO ORDER RESTITUTION FOR THE DAMAGE OR DESTRUCTION OF RESEARCH FARM PRODUCTS, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. SHARPE explained the Senate Amendments.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 6:
S. 322 (Word version) -- Senators Mescher, Grooms and Branton: A BILL TO AMEND SUBARTICLE 4, ARTICLE 3, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA GUARDIAN AD LITEM PROGRAM, SO AS TO INCLUDE IN THIS PROGRAM COURT-APPOINTED GUARDIANS AD LITEM IN CUSTODY DISPUTES IN FAMILY COURT, TO PROVIDE THAT A GUARDIAN AD LITEM IN A CUSTODY DISPUTE MAY CHARGE UP TO FIVE HUNDRED DOLLARS FOR SERVICES RENDERED IN A CASE, TO PROVIDE THAT CIVIL AND CRIMINAL IMMUNITY DOES NOT APPLY TO A GUARDIAN AD LITEM WHO CHARGES FOR SERVICES RENDERED, AND TO REQUIRE A GUARDIAN AD LITEM IN A CUSTODY DISPUTE TO BE AT LEAST THIRTY YEARS OF AGE; AND TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT IN ORDERING A MENTAL OR PSYCHIATRIC EXAMINATION IN CUSTODY DISPUTES, THE COURT MUST MAKE FINDINGS OF FACT THAT THERE IS PROBABLE CAUSE TO ORDER THE EXAMINATION AND THAT IT IS NECESSARY TO MAKE A DETERMINATION IN THE CASE.
Reps. BALES and J. H. NEAL proposed the following Amendment No. 6 (Doc Name COUNCIL\BBM\AMEND\10950AC02), which was tabled:
Amend the bill, as and if amended, Section 20-7-1545(A)(2), page 322-1, line 38, before the /./ by inserting /from a list of five guardians ad litem and from which each side is entitled to strike two of the names/.
Amend the bill further, Section 20-7-1553(C), page 322-4, line 8, after /compensation,/ by inserting / not to exceed one thousand dollars unless there are extenuating circumstances based upon finding of the court, and/.
Amend the bill further, page 322-4, immediately after line 23, by inserting:
/ Section 20-7-1557. Notwithstanding any other provision of law, the provisions of this subarticle apply to adoption proceedings including, but not limited to, the appointment, qualifications, training, duties, responsibilities, fees, and billing requirements of a guardian ad litem. /
Renumber sections to conform.
Amend totals and title to conform.
Rep. BALES explained the amendment.
Rep. SINCLAIR spoke against the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. J. E. SMITH spoke against the amendment.
Rep. J. E. SMITH continued speaking.
Rep. ALTMAN spoke in favor of the amendment.
The SPEAKER granted Rep. GILHAM a leave of absence for the remainder of the day.
Rep. EASTERDAY moved to table the amendment.
Rep. BALES demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Battle Bowers Brown, G. Brown, J. Brown, R. Clyburn Coates Cobb-Hunter Coleman Cotty Delleney Easterday Fleming Gourdine Harrison Harvin Hayes Hines, J. Hosey Howard Huggins Knotts Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod Merrill Miller Neal, J.H. Parks Quinn Rice Riser Sandifer Scott Sheheen Sinclair Smith, D.C. Smith, G.M. Smith, J.E. Smith, W.D. Talley Taylor Thompson Tripp Walker Weeks Whipper Wilkins Young, J.
Those who voted in the negative are:
Altman Bales Barrett Bingham Campsen Carnell Cato Chellis Cooper Dantzler Edge Emory Freeman Frye Hamilton Harrell Haskins Hinson Keegan Kelley Kirsh Koon Law Loftis Meacham-Richardson Moody-Lawrence Neal, J.M. Neilson Ott Owens Perry Phillips Rhoad Rodgers Scarborough Simrill Smith, J.R. Stille Stuart Trotter Webb Whatley White Wilder Young, A.
So, the amendment was tabled.
Rep. ALTMAN proposed the following Amendment No. 8 (Doc Name COUNCIL\NBD\AMEND\11481AC02), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Subarticle 2, Article II, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-1545. (A) A guardian ad litem for a minor or minors must not be appointed in a family court private proceeding for divorce or separation when custody or visitation may be at issue unless the court first determines that the issue raised as to custody or visitation are substantial, not tactical and:
(1) both parties request in writing that a guardian ad litem be appointed; or
(2) the court any time finds as fact in writing that the court can not reach a competent determination on the custody or visitation issues without the services of a guardian ad litem; or
(3) credible allegations of abuse or neglect of a minor or minors are raised by a party or the independent observation of the court.
(B) When a guardian ad litem is appointed pursuant to subsection (A)(1) or (2), both parties have ten days to review the credentials of the prospective guardian ad litem and, if desired, submit reasons to the court in writing why the guardian ad litem should not be appointed and the court shall then confirm or amend its appointment.
Section 20-7-1547. A guardian ad litem must:
(1) be at least thirty five years of age with suitable experience in a field or fields needed to review the expected issues in custody or visitation matters and competently assist the court;
(2) not have criminal records or have themselves been the object of investigations involving their own custody, care, abuse, or neglect of minors;
(3) not issue orders to or make commands of the parties.
Section 20-7-1549. (A) A guardian ad litem must not submit bills for fees or costs to any party. If a guardian ad litem seeks compensation or reimbursement for services or costs, the guardian ad litem must petition the court for consideration of such compensation with certified copies served on the parties and a party has twenty days to request a judicial conference or explanations on the issue.
(B) The court must satisfy itself as to the reasonableness of the request for compensation or costs, or both, and shall apportion the payment between the parties and allow sufficient time for the parties to make payment as is equitable under all the circumstances.
(C) A guardian ad litem must not proceed to seek a rule to show cause to collect fees or costs without prior reasonably timed notice to the parties with the parties right to respond within a reasonable time without moving to a formal rule to show cause.
(D) If a guardian ad litem's claimed fees and costs in a case reach the level of two thousand dollars, the guardian ad litem must do no further billable work without first obtaining the written permission of the court."
SECTION 2. (A) Section 20-7-1555 of the 1976 Code is redesignated as Section 20-7-1525, and Section 20-7-1557 is redesignated Section 20-7-1535, both of which are to be placed within Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code.
(B) Subarticle 1, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Special Custody and Visitation Provisions".
(C) Subarticle 2, Article 11, Chapter 7, Title 20 of the 1976 Code is renamed "Private Guardians ad Litem".
SECTION 3. This act takes effect July 1, 2002./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ALTMAN explained the amendment.
Rep. ALTMAN spoke in favor of the amendment.
Rep. EASTERDAY moved to table the amendment.
Rep. SCARBOROUGH demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Bowers Brown, J. Brown, R. Clyburn Coates Cobb-Hunter Coleman Cotty Delleney Easterday Emory Fleming Freeman Gourdine Harrison Harvin Hayes Hines, J. Hosey Howard Keegan Knotts Leach Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Phillips Quinn Rice Scott Sheheen Sinclair Smith, G.M. Smith, J.E. Talley Taylor Thompson Townsend Tripp Webb Weeks Whipper Wilder Wilkins Young, J.
Those who voted in the negative are:
Altman Bales Barrett Bingham Cato Chellis Dantzler Edge Frye Hamilton Harrell Haskins Hinson Huggins Kelley Kirsh Koon Law Loftis Meacham-Richardson Neilson Perry Riser Rodgers Sandifer Scarborough Sharpe Simrill Smith, D.C. Smith, J.R. Trotter Vaughn Whatley White Young, A.
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:
Allen Bales Barrett Bingham Bowers Brown, G. Brown, J. Brown, R. Carnell Cato Chellis Clyburn Coates Cobb-Hunter Coleman Cotty Dantzler Delleney Easterday Edge Emory Fleming Freeman Frye Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hosey Howard Huggins Keegan Kelley Kirsh Knotts Koon Law Leach Littlejohn Lloyd Lourie Lucas Mack Martin McCraw McGee McLeod Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Owens Parks Phillips Quinn Rhoad Rice Riser Sandifer Scarborough Scott Sheheen Simrill Sinclair Smith, G.M. Smith, J.E. Smith, W.D. Stille Stuart Talley Taylor Thompson Townsend Tripp Vaughn Walker Webb Weeks Whatley Whipper White Wilder Wilkins Young, J.
Those who voted in the negative are:
Altman Cooper Hinson Loftis Perry Rodgers Sharpe Smith, D.C. Smith, J.R. Trotter
So, the Bill was read the second time and ordered to third reading.
The following Bill was taken up:
H. 4641 (Word version) -- Rep. Cato: A BILL TO AMEND CHAPTER 15, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF MOTOR VEHICLE MANUFACTURERS, DISTRIBUTORS, AND DEALERS, BY ADDING ARTICLE 4 SO AS TO REQUIRE NONFRANCHISE AUTOMOBILE DEALERS TO COMPLETE CERTAIN PRE-LICENSING AND CONTINUING EDUCATION COURSES BEFORE BEING ISSUED A DEALER'S LICENSE OR HAVING A DEALER'S LICENSE RENEWED, AND TO PROVIDE FOR THE CREATION, MEMBERSHIP, AND PURPOSE OF THE SOUTH CAROLINA INDEPENDENT EDUCATION ADVISORY BOARD, WHICH SHALL ASSIST WITH THE CONTINUING EDUCATION REQUIREMENTS OF NONFRANCHISE AUTOMOBILE DEALERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5171CM02):
Amend the bill, as and if amended, Section 56-15-410(B), as contained in SECTION 1, by deleting lines 1 and 2 on page 2, and inserting:
/ continuing education courses within a year of renewing his license./
Amend the bill further, Section 56-15-410(C), as contained in SECTION 1, by striking lines 5 and 6 on page 2, and inserting:
/ continuing education courses within a year of renewing his license./
Amend the bill further, Section 1, page 3, by striking the / " / on line 27, and inserting after line 28:
/ Section 56-15-430. The provisions contained in Sections 56-15-410 and 56-15-420 shall not apply to a franchised automobile dealer or a nonfranchised automobile dealer owned by a franchised automobile dealer. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO moved to adjourn debate on the amendment, which was agreed to.
Rep. CATO proposed the following Amendment No. 3 (Doc Name COUNCIL\GGS\AMEND\22467CM02), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 15, Title 56 of the 1976 Code is amended by adding:
Section 56-15-410. An applicant for an initial nonfranchise automobile dealer license must successfully complete at least eight hours of pre-licensing education courses before he may be issued a license. At least one shareholder listed on the application for an initial nonfranchise automobile dealer license must comply with the education requirement contained in this section.
Section 56-15-420. The Department of Public Safety shall promulgate regulations to implement the provisions contained in this article."
SECTION 2. The provisions contained in Section 56-15-410 of this act take effect on January 1, 2004. The provisions contained in Section 56-15-420 of this act take effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. CATO spoke in favor of the amendment.
The amendment was then adopted.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\AMEND\ 5171CM02), which was tabled:
Amend the bill, as and if amended, Section 56-15-410(B), as contained in SECTION 1, by deleting lines 1 and 2 on page 2, and inserting:
/ continuing education courses within a year of renewing his license./
Amend the bill further, Section 56-15-410(C), as contained in SECTION 1, by striking lines 5 and 6 on page 2, and inserting:
/ continuing education courses within a year of renewing his license./
Amend the bill further, Section 1, page 3, by striking the / " / on line 27, and inserting after line 28:
/ Section 56-15-430. The provisions contained in Sections 56-15-410 and 56-15-420 shall not apply to a franchised automobile dealer or a nonfranchised automobile dealer owned by a franchised automobile dealer. /
Renumber sections to conform.
Amend title to conform.
Rep. CATO moved to table the amendment, which was agreed to.
Rep. KIRSH spoke against the Bill.
Rep. EMORY spoke in favor of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Bales Barrett Battle Bingham Bowers Breeland Brown, R. Cato Chellis Coates Cobb-Hunter Cotty Dantzler Easterday Edge Emory Gourdine Harrison Harvin Hayes Hines, J. Hinson Hosey Howard Huggins Keegan Kelley Knotts Law Leach Lee Lloyd Lourie Mack Martin McCraw McGee Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Owens Parks Quinn Rice Riser Rodgers Sandifer Scarborough Scott Sharpe Sheheen Simrill Smith, J.E. Smith, J.R. Smith, W.D. Stuart Talley Townsend Tripp Trotter Vaughn Webb Weeks Whipper Wilder Wilkins Young, A.
Those who voted in the negative are:
Brown, G. Brown, J. Cooper Delleney Fleming Freeman Frye Hamilton Kirsh Koon Lucas McLeod Neilson Perry Phillips Smith, D.C. Smith, G.M. Stille Thompson Whatley White Young, J.
So, the Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. RHOAD a leave of absence for the remainder of the day.
The following Bill was taken up:
S. 49 (Word version) -- Senators Mescher and Branton: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-705 SO AS TO PROVIDE THAT A PERSON UNDER TWENTY-ONE YEARS OF AGE WHO OBTAINS A TATTOO IN VIOLATION OF SECTION 16-17-700 MAY BRING AN ACTION IN CIRCUIT COURT AGAINST THE PERSON CONVICTED OF THE VIOLATION AND MAY RECOVER CERTAIN DAMAGES AND ATTORNEY'S FEES; AND TO AMEND SECTION 16-17-700, AS AMENDED, RELATING TO TATTOOING, SO AS TO PERMIT A PERSON TO TATTOO CERTAIN BODY PARTS OF ANOTHER PERSON UNDER CERTAIN CIRCUMSTANCES, TO PROVIDE THAT A TATTOO ARTIST CONSPICUOUSLY MUST DISPLAY A NOTICE TO PATRONS THAT INFORMS THEM OF ANY DISQUALIFICATIONS WHICH TATTOOING MAY CONFER UPON A PROSPECTIVE BLOOD DONOR, HIS CERTIFICATE OF SUCCESSFUL COMPLETION OF A COURSE IN INFECTION CONTROL, AND HIS PERMIT ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) WHICH MUST BE RENEWED ANNUALLY UPON SUBMISSION OF CERTAIN INFORMATION, MUST COMPLY WITH CERTAIN DHEC INFECTION CONTROL PRECAUTIONS, MUST NOT USE CERTAIN DEVICES AND MEDICATIONS, MUST VERIFY THAT A TATTOO RECIPIENT WHO DOES NOT HAVE EXPRESS WRITTEN CONSENT OF HIS PARENT OR GUARDIAN IS AT LEAST TWENTY-ONE YEARS OF AGE, AND TO PROVIDE THAT DHEC MAY REVOKE A PERMIT OR DENY AN APPLICATION FOR A VIOLATION OF THESE PROVISIONS.
Rep. J. BROWN moved to adjourn debate on the Bill until Tuesday, April 30.
Rep. KNOTTS moved to table the motion.
Rep. J. BROWN demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Bingham Coates Delleney Easterday Edge Fleming Hamilton Huggins Keegan Riser Sandifer Sharpe Sheheen Smith, G.M. Stille Stuart Whatley Young, J.
Those who voted in the negative are:
Allen Altman Bales Barrett Battle Breeland Brown, J. Brown, R. Carnell Cato Chellis Clyburn Cotty Emory Freeman Frye Gourdine Harrell Harrison Harvin Haskins Hayes Hines, J. Hinson Hosey Howard Kelley Kirsh Knotts Koon Law Leach Lee Lloyd Lourie Lucas Mack Martin McCraw McGee Meacham-Richardson Merrill Miller Moody-Lawrence Neal, J.H. Neilson Ott Parks Perry Phillips Quinn Rice Rodgers Rutherford Scarborough Simrill Smith, D.C. Smith, J.E. Smith, J.R. Talley Thompson Townsend Tripp Trotter Vaughn Webb Weeks Whipper White Wilder
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate until Tuesday, April 30, which was agreed to.
Rep. WILDER moved that the House recur to the Morning Hour, which was agreed to.
Rep. FLEMING, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4826 (Word version) -- Reps. Edge, Keegan, Kelley, Barfield, Miller and Witherspoon: A CONCURRENT RESOLUTION TO REQUEST APPROPRIATE FEDERAL AND STATE HIGHWAY OFFICIALS TO DESIGNATE CERTAIN HIGHWAYS IN SOUTH CAROLINA AS PART OF NEW INTERSTATE HIGHWAYS WHICH THE CONGRESS HAS AUTHORIZED AND WHICH ARE SCHEDULED TO COME WITHIN THE BOUNDARIES OF SOUTH CAROLINA.
Ordered for consideration tomorrow.
On motion of Rep. OWENS, with unanimous consent, the following was taken up for immediate consideration:
H. 5083 (Word version) -- Reps. Owens, A. Young and Chellis: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE MEMBERS OF THE DORCHESTER ACADEMY VARSITY GIRLS BASKETBALL TEAM, THEIR COACHES, STAFF, AND OTHER SCHOOL OFFICIALS ON APRIL 30, 2002, AT A TIME TO BE DETERMINED BY THE SPEAKER, TO CONGRATULATE THEM ON THEIR OUTSTANDING SEASON AND THEIR 2002 SOUTH CAROLINA INDEPENDENT SCHOOL ASSOCIATION CLASS AAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the privilege of the floor of the South Carolina House of Representatives is extended to the members of the Dorchester Academy Varsity Girls Basketball team, their coaches, staff, and other school officials on April 30, 2002, at a time to be determined by the Speaker, to congratulate them on their outstanding season and their 2002 South Carolina Independent School Association Class AAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 5084 (Word version) -- Rep. Talley: A CONCURRENT RESOLUTION TO RECOGNIZE AND CONGRATULATE THE DORMAN HIGH SCHOOL BLUE BELLES DANCE TEAM FOR THEIR OUTSTANDING ACCOMPLISHMENTS AT THE CONTEST OF CHAMPIONS COMPETITION IN ORLANDO, FLORIDA AND TO WISH THEM MUCH SUCCESS IN THEIR FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5085 (Word version) -- Rep. Harvin: A HOUSE RESOLUTION TO COMMEND MRS. BLANCHE G. ODOM FOR HER OUTSTANDING WORK AS DIRECTOR OF THE CLARENDON COUNTY COUNCIL ON AGING AND FOR ALL HER ACTS OF SERVICE TO OTHERS.
The Resolution was adopted.
The following was introduced:
H. 5086 (Word version) -- Reps. Knotts, Allen, Allison, Altman, Askins, Bales, Barfield, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, J. Brown, R. Brown, Campsen, Carnell, Cato, Chellis, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Freeman, Frye, Gilham, Gourdine, Govan, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Koon, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Martin, McCraw, McGee, McLeod, Meacham-Richardson, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Quinn, Rhoad, Rice, Riser, Rivers, Rodgers, Rutherford, Sandifer, Scarborough, Scott, Sharpe, Sheheen, Simrill, Sinclair, D. C. Smith, F. N. Smith, G. M. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stille, Stuart, Talley, Taylor, Thompson, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Weeks, Whatley, Whipper, White, Wilder, Wilkins, Witherspoon, A. Young and J. Young: A HOUSE RESOLUTION TO CONGRATULATE MRS. IDELLE K. PRICE OF LEXINGTON, THE OLDEST LIVING WIDOW IN LEXINGTON COUNTY OF A WORLD WAR I VETERAN, ON THE OCCASION OF HER ONE HUNDREDTH BIRTHDAY AND TO WISH HER MANY MORE YEARS OF HEALTH AND HAPPINESS.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5087 (Word version) -- Reps. Wilkins, Harrell, Jennings, Quinn, Kelley, Scott, Bales, Weeks, Carnell, Moody-Lawrence, R. Brown, J. E. Smith, Altman, Battle, Bingham, J. Brown, Campsen, Cato, Chellis, Clyburn, Cooper, Cotty, Dantzler, Delleney, Edge, Emory, Hamilton, Harrison, Harvin, Haskins, Hayes, J. Hines, Hinson, Hosey, Huggins, Keegan, Law, Leach, Limehouse, Loftis, Lourie, Lucas, Martin, McGee, McLeod, Meacham-Richardson, Miller, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Rice, Riser, Sandifer, Scarborough, Sharpe, Simrill, D. C. Smith, G. M. Smith, J. R. Smith, Taylor, Thompson, Tripp, Vaughn, Webb, Whatley, White, Wilder, A. Young and J. Young: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC FINANCE, BY ADDING CHAPTER 41 ENACTING THE "STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BOND ACT" SO AS TO AUTHORIZE THE ISSUANCE OF BONDS FOR INFRASTRUCTURE FINANCING AS GENERAL OBLIGATION BONDS OF THE STATE OF SOUTH CAROLINA AND TO PRESCRIBE THE TERMS, CONDITIONS, USES, AND DISTRIBUTION OF THE BONDS AND THEIR PROCEEDS; AND TO INCREASE THE LIMITATION ON GENERAL OBLIGATION BOND DEBT SERVICE PROVIDED IN ARTICLE X, SECTION 13 OF THE SOUTH CAROLINA CONSTITUTION FROM FIVE PERCENT TO FIVE AND ONE-HALF PERCENT WITH THE ADDITIONAL DEBT SERVICE LIMITED TO STATE GENERAL OBLIGATION ECONOMIC DEVELOPMENT BONDS AS PROVIDED IN THIS ACT.
Referred to Committee on Ways and Means
H. 5088 (Word version) -- Rep. Vaughn: A BILL TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH THE TRUSTEES OF THE SCHOOL DISTRICT OF GREENVILLE COUNTY ARE ELECTED.
On motion of Rep. VAUGHN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 5089 (Word version) -- Reps. Limehouse, McCraw, Scarborough, D. C. Smith and J. R. Smith: A BILL TO AMEND CHAPTER 36, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALZHEIMER'S DISEASE AND RELATED DISORDERS, BY ADDING ARTICLE 7 SO AS TO ENACT "THE SOUTH CAROLINA ALZHEIMER'S TRAINING ACT", TO REQUIRE EMPLOYEES OF NURSING HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH AGENCIES, AND HOSPICES TO HAVE INFORMATION AND TRAINING ON ALZHEIMER'S DISEASE AND OTHER RELATED CONDITIONS, AND TO REQUIRE THE ALZHEIMER'S DISEASE AND RELATED DISORDERS RESOURCE COORDINATION CENTER TO APPROVE SUCH TRAINING; AND TO ADD SECTIONS 44-7-255, 44-69-35, AND 44-71-35 SO AS TO REQUIRE NURSING HOMES, DAYCARE FACILITIES FOR ADULTS, HOME HEALTH AGENCIES, AND HOSPICES, RESPECTIVELY, TO PROVIDE THIS INFORMATION AND TRAINING AS A CONDITION OF LICENSURE.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5090 (Word version) -- Reps. Knotts, Whatley, Askins, McCraw, McGee, Phillips, Sandifer and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-32-130 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO PERFORM BODY PIERCING ON CERTAIN BODY PARTS OF A PERSON AND TO PROVIDE A PENALTY FOR VIOLATION.
Referred to Committee on Judiciary
H. 5091 (Word version) -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO COMMUNICABLE DISEASES, DESIGNATED AS REGULATION DOCUMENT NUMBER 2720, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference
H. 5092 (Word version) -- Reps. Kennedy, Hosey, Altman, Bales, Battle, G. Brown, R. Brown, Clyburn, Dantzler, Emory, Harvin, Hayes, J. Hines, Keegan, Koon, Littlejohn, McCraw, Miller, J. M. Neal, Neilson, Parks, Phillips, Stille and Whatley: A BILL TO AMEND CHAPTER 13, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORGERY, LARCENY, CHEATS, AND OFFENSES AGAINST PROPERTY, BY ADDING SECTION 16-13-270 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OBTAIN GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY ON CREDIT FROM AN ESTABLISHMENT AT WHICH GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY IS OFFERED FOR RETAIL SALE WITH THE INTENT NOT TO PAY FOR THE GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY WHEN PAYMENT BECOMES DUE, TO PROVIDE THAT CIRCUMSTANTIAL AS WELL AS DIRECT EVIDENCE IS ADMISSIBLE TO PROVE A PERSON'S INTENTION NOT TO PAY FOR GOODS, WARES, MERCHANDISE, OR ANOTHER ITEM OF PERSONAL PROPERTY OBTAINED ON CREDIT, AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Referred to Committee on Judiciary
H. 5093 (Word version) -- Reps. Huggins, Rhoad, Allen, Bales, Battle, J. Brown, Clyburn, Coates, Dantzler, Edge, Frye, Harvin, Haskins, Lee, Loftis, Martin, McCraw, Miller, J. M. Neal, Ott, Owens, Parks, Phillips, Riser, Sandifer, Scarborough, D. C. Smith and White: A BILL TO AMEND SECTION 12-43-232, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL REQUIREMENTS FOR REAL PROPERTY TO QUALIFY AS AGRICULTURAL REAL PROPERTY FOR PURPOSES OF PROPERTY TAX, SO AS TO PROVIDE THAT IN THE CASE OF TIMBERLAND IF THE SIZE OF A TRACT IS REDUCED TO LESS THAN FIVE ACRES BY THE EXERCISE OF EMINENT DOMAIN, THE TRACT REMAINS ELIGIBLE FOR THE AGRICULTURAL REAL PROPERTY CLASSIFICATION.
Referred to Committee on Ways and Means
Rep. FLEMING moved that the House do now adjourn, which was agreed to.
At 5:00 p.m. the House, in accordance with the motion of Rep. HASKINS, adjourned in memory of Richard Smart of Greenville, to meet at 10:00 a.m. tomorrow.
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