Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Give us, Lord, such a strong trust in You as to carry us in confidence along the daily way we travel. May that trust so entwine our lives as to make our hopes of today merge into Your plans for tomorrow. May we constantly see in our companionship with You exactly what it is: no empty promises, no hidden blemishes, no vain disguises.
Keep us steadfast as followers of our God, assured in Your promises which are as dependable as the stars in their advent in the skies each night and as solid as the Rock of Gibraltar.
Our prayer is that Your peace will always be ours in double portions. 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. RUDNICK moved that when the House adjourns, it adjourn in memory of Lonnie A. Garvin, Sr. of Aiken County, which was agreed to.
The following was received from the Senate.
Columbia, S.C., May 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon it amendments to S. 329:
S. 329 -- Senators Setzler, Bryan, Moore, Washington, Matthews, Stilwell, Patterson, Land, Lander, Rankin, Martin, Giese and Short: A BILL TO ENACT THE EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE ACT OF 1993 BY AMENDING TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 139 SO AS TO PROVIDE FOR CERTAIN EARLY CHILDHOOD DEVELOPMENT AND ACADEMIC ASSISTANCE; BY AMENDING SECTION 59-1-450, RELATING TO PARENT EDUCATION PROGRAMS, SO AS TO REVISE THE PROGRAMS AND THE MANNER IN WHICH THEY ARE ESTABLISHED AND FUNDED; TO AMEND SECTION 59-5-65, RELATING TO THE POWERS AND RESPONSIBILITIES OF THE STATE BOARD OF EDUCATION, SO AS TO REVISE THESE POWERS AND RESPONSIBILITIES IN REGARD TO DEVELOPING CERTAIN ONE-HALF DAY EARLY CHILDHOOD DEVELOPMENT PROGRAMS FOR FOUR-YEAR-OLD CHILDREN, AND DELETE CERTAIN REQUIREMENTS PERTAINING TO COMPENSATORY AND REMEDIAL INSTRUCTION PROGRAMS; BY AMENDING SECTION 59-20-40, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS, SO AS TO REVISE THE WEIGHTINGS USED FOR EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE, AND DELETE CERTAIN FUNDING REQUIREMENTS FOR COMPENSATORY AND REMEDIAL PROGRAMS; BY AMENDING SECTION 59-3-90, RELATING TO IN-SERVICE TRAINING PROGRAMS FOR TEACHERS, SO AS TO INCLUDE REFERENCES TO EARLY CHILDHOOD DEVELOPMENT AND ASSISTANCE TRAINING; BY AMENDING SECTION 59-19-340, RELATING TO CHILD DEVELOPMENT PROGRAMS FOR THREE AND FOUR-YEAR-OLD CHILDREN, SO AS TO FURTHER PROVIDE FOR THESE PROGRAMS; AND REPEALING SECTIONS 59-65-410 THROUGH 59-65-460, RELATING TO DROP-OUT PREVENTION AND RECOVERY PROGRAMS.
and asks for a Committee of Conference and has appointed Senators Setzler, Macaulay and Washington of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 300
Whereupon, the Chair appointed Reps. JASKWHICH, TOWNSEND and McTEER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., May 25, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Moore, Stilwell and Jackson of the Committee of Conference on the part of the Senate on H. 3546:
H. 3546 -- Reps. Sheheen, Wilkins, Boan, Hodges, Jennings, Harwell, Corning and Thomas: A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATION OF GOVERNMENT TO PROVIDE FOR THE ORGANIZATION, DUTIES, FUNCTIONS AND PROCEDURES OF THE VARIOUS DEPARTMENTS AND DIVISIONS. (Shortened Title)
Very respectfully,
President
No. 403
Received as information.
The following was received.
Columbia, S.C., May 19, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Drummond, Land and Cork of the Committee of Conference on the part of the Senate on S. 548:
S. 548 -- Senator Land: A BILL TO AMEND SECTION 50-11-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPEN SEASON FOR ANTLERED DEER IN GAME ZONE 8, SO AS TO EXTEND THE BOW AND ARROW SEASON FOR ANTLERED DEER AND TO PROVIDE FOR A BOW AND ARROW SEASON OF FIFTEEN DAYS FOR ANTLERLESS DEER.
Very respectfully,
President
No. 402
Received as information.
The following was received.
Columbia, S.C., May 25, 1993
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 S. 461:
S. 461 -- Senators Giese, Setzler, Rose, J. Verne Smith, Elliott, Short, Ford, Ryberg, Wilson, Peeler, Lander, Richter and Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 36 TO TITLE 59, SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL-AGE CHILDREN WITH DISABILITIES AND TO REQUIRE THE JOINT COMMITTEE ON FORMULA FUNDING FOR EDUCATION TO MAKE RECOMMENDATIONS REGARDING THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS FOR CERTAIN ADDITIONAL WEIGHTINGS; TO ADD SECTION 59-33-110 SO AS TO PROVIDE FOR A MEDIATION PROCESS; TO AMEND SECTION 59-63-20, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THREE-YEAR-OLD, FOUR-YEAR-OLD, AND FIVE-YEAR-OLD CHILDREN WITH DISABILITIES ARE ELIGIBLE TO PARTICIPATE IN ANY PRESCHOOL PROGRAM RATHER THAN JUST IN EARLY INTERVENTION PROGRAMS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 25, 1993
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 S. 496:
S. 496 -- Senators Rankin, J. Verne Smith, Williams, Drummond, Lander, Short and Passailaigue: A BILL TO AMEND SECTION 12-43-305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX APPEALS, SO AS TO PROVIDE THAT THE INTEREST CHARGED A TAXPAYER DURING THE PENDENCY OF AN APPEAL SHALL BE LIMITED TO FIFTEEN PERCENT WHEN THE APPEAL IS NOT RESOLVED WITHIN FIFTEEN MONTHS FROM THE DATE OF FILING, PROVIDED THAT DELAY BEYOND THE FIFTEEN MONTH LIMITATION IS NOT ATTRIBUTABLE TO THE PROPERTY OWNER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 25, 1993
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 S. 622:
S. 622 -- Senator Bryan: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN DRUGS THAT ONLY MAY BE SOLD ON PRESCRIPTION, SO AS TO INCLUDE PHYSICIANS' ASSISTANTS AMONG THOSE PROFESSIONALS WHO MAY PRESCRIBE MEDICATIONS; TO AMEND SECTION 40-47-25, AS AMENDED, RELATING TO PHYSICIANS' ASSISTANTS, SO AS TO DELETE PROVISIONS RELATING TO THE NUMBER OF ASSISTANTS A PHYSICIAN MAY SUPERVISE; AND TO AMEND SECTION 44-53-290, RELATING TO REGISTRATION FOR MANUFACTURING, DISTRIBUTING, OR DISPENSING CONTROLLED SUBSTANCES, SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE REGISTRATIONS TO NURSE PRACTITIONERS AND PHYSICIANS' ASSISTANTS FOR PRESCRIBING SCHEDULE V CONTROLLED SUBSTANCES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 4139 -- Rep. Stone: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION TO ADOPT A CHILD, SO AS TO PROVIDE CIRCUMSTANCES UNDER WHICH A PERSON MAY PETITION TO ADOPT A CHILD WHO IS IN THE CUSTODY OF THE STATE DEPARTMENT OF SOCIAL SERVICES; AND TO AMEND SECTION 20-7-1690, RELATING TO CONSENT FOR THE PURPOSE OF ADOPTION, SO AS TO PROVIDE CERTAIN CONDITIONS UNDER WHICH FOSTER PARENTS MAY ADOPT A FOSTER CHILD.
Rule 5.12 was waived by a division vote of 32 to 0.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4190 -- Reps. Wofford, Clyborne, Law, McElveen, Corning, Hodges, Hutson, H. Brown, Boan, Stone, Shissias, Neal, Cobb-Hunter, Rogers, Waites, Delleney and Barber: A HOUSE RESOLUTION PROVIDING FOR A TASK FORCE TO STUDY ALL ASPECTS OF THE PROBLEM OF WELFARE DEPENDENCY IN SOUTH CAROLINA AND RECOMMEND TO THE HOUSE OF REPRESENTATIVES METHODS OF WELFARE REFORM.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 254 -- Senator Drummond: A BILL TO AMEND SECTION 40-43-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF PHARMACY, SO AS TO PROVIDE THAT CONGRESSIONAL DISTRICT NOMINEES FOR APPOINTMENT TO THE BOARD BY THE GOVERNOR MUST BE ELECTED BY PHARMACISTS RESIDING IN THAT DISTRICT; TO AMEND SECTION 40-43-420, RELATING TO PHARMACY FEES, SO AS TO PROVIDE THAT THESE FEES MUST BE SET IN REGULATION; TO PROVIDE THAT CERTAIN FEES ARE IN EFFECT UNTIL THEY ARE SET IN REGULATION; TO REPEAL SECTION 40-43-480, RELATING TO FUNDING IN THE 1986 APPROPRIATIONS ACT; AND TO REAUTHORIZE THE STATE BOARD OF PHARMACY FOR SIX YEARS.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
S. 701 -- Senators Bryan and Elliott: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE FOR THE REVIEW OF THE PLANS OF CARE FOR INDIVIDUALS IN A RESIDENTIAL CARE FACILITY AND A COMMUNITY MENTAL HEALTH CENTER DAY PROGRAM.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 734 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO DEFINITIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1609, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 735 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO HOME HEALTH CARE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1611, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3631 -- Reps. Elliott, G. Bailey, Houck, McKay, Askins, Robinson, Davenport, Stone, Byrd, Cato, A. Young and Kinon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-147 SO AS TO PROHIBIT A HEALTH INSURANCE POLICY OR A HEALTH MAINTENANCE ORGANIZATION PLAN FROM RESTRICTING SELECTION OF A PHARMACIST OF CHOICE OR FROM RESTRICTING A PHARMACIST THE RIGHT TO PARTICIPATE AS A PROVIDER IF TERMS OF THE POLICY OR PLAN ARE MET.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3889 -- Reps. McAbee and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 5, TITLE 61 SO AS TO PROVIDE FOR HOSPITALITY CABINETS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 26 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240, SO AS TO REQUIRE INDIVIDUAL AND GROUP INSURANCE POLICIES DELIVERED, ISSUED, RENEWED, EXTENDED, OR MODIFIED BY INSURERS PROVIDING MEDICAL OR DENTAL COVERAGE OR BOTH TO PROVIDE COVERAGE FOR THE NECESSARY CARE AND TREATMENT OF MEDICALLY DIAGNOSED CONGENITAL OROFACIAL ANOMALIES, AND TO REQUIRE THAT SUCH COVERAGE BE IMMEDIATE AND FULL WITHOUT REGARD TO ANY PROVISION IN THE POLICY REDUCING OR EXCLUDING BENEFITS FOR CONDITIONS WHICH PREEXISTED THE EFFECTIVE DATE OF THE POLICY.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 66 -- Senator Stilwell: A BILL TO AMEND SECTION 40-60-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REAL ESTATE APPRAISERS, SO AS TO REQUIRE A REAL ESTATE LICENSEE TO MAKE CERTAIN SPECIFIC DISCLOSURES WHEN PERFORMING ANY MARKET ANALYSIS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 619 -- Senators Matthews, Patterson, Washington, Glover, Mitchell, Ford, Jackson and Mescher: A BILL TO AMEND SECTIONS 40-22-190 AND 40-22-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF ENGINEERS AND LAND SURVEYORS, SO AS TO PROVIDE THAT GRADUATION FROM A FOUR-YEAR ENGINEERING TECHNOLOGY PROGRAM MAY BE QUALIFICATION FOR REGISTRATION AS A PROFESSIONAL ENGINEER AND FOR CERTIFICATION AS AN ENGINEER-IN-TRAINING.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 688 -- Senator O'Dell: A BILL TO PROVIDE THAT CREDIT LIFE, PROPERTY, ACCIDENT AND HEALTH INSURANCE PREMIUMS CHARGED BY SUPERVISED LENDERS UNDER THE CONSUMER PROTECTION CODE OR BY RESTRICTED LENDERS UNDER THE CONSUMER FINANCE LAW ARE SUBJECT TO A MINIMUM CHARGE AND A MINIMUM RETENTION OF THREE DOLLARS.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 713 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-43-45 SO AS TO REQUIRE A DEALER IN LIQUEFIED PETROLEUM GAS TO MEET CERTAIN STORAGE CAPACITY REQUIREMENTS; TO ADD SECTION 39-43-75 SO AS TO REQUIRE NOTICE TO BE GIVEN BEFORE WORK IS BEGUN ON LIQUEFIED PETROLEUM GAS SYSTEMS; TO AMEND SECTION 39-43-10, AS AMENDED, RELATING TO DEFINITIONS IN THE LIQUEFIED PETROLEUM GAS CHAPTER, SO AS TO CONSOLIDATE AND REVISE THESE DEFINITIONS; TO AMEND SECTION 39-43-20, AS AMENDED, RELATING TO THE LIQUEFIED PETROLEUM GAS BOARD, SO AS TO INCREASE THE BOARD FROM FOUR TO FIVE; TO AMEND SECTION 39-43-30, AS AMENDED, RELATING TO DUTIES OF THE BOARD, SO AS TO DELETE THE REFERENCE TO PROSECUTING CRIMINAL VIOLATIONS AND TO REVISE AND INCLUDE NEW REFERENCES TO THE NATIONAL FIRE PROTECTION ASSOCIATION PAMPHLETS WHICH ARE THE BASIS FOR REGULATIONS THE BOARD MUST PROMULGATE; TO AMEND SECTION 39-43-40, AS AMENDED, RELATING TO LIQUEFIED PETROLEUM GAS BUSINESS ACTIVITIES REQUIRING A LICENSE, SO AS TO REVISE STATUTORY REFERENCES; TO AMEND SECTION 39-43-50, AS AMENDED, RELATING TO LICENSE FEES AND DEFINITIONS, SO AS TO DELETE AND TRANSFER THESE DEFINITIONS; TO AMEND SECTION 39-43-80, AS AMENDED, RELATING TO CERTIFICATION REQUIREMENTS FOR A PERSON WHO TRANSPORTS, DELIVERS, OR CONDUCTS OTHER BUSINESS ACTIVITIES RELATED TO LIQUEFIED PETROLEUM GAS, SO AS TO REVISE THE CERTIFICATION REQUIREMENT; TO AMEND SECTION 39-43-130, AS AMENDED, RELATING TO PILOT SAFETY VALVES ON HEATING APPLIANCES IN PUBLIC BUILDINGS, SO AS TO ADD REQUIREMENTS FOR THESE APPLIANCES IN RESIDENCES AND MANUFACTURED HOMES; TO AMEND SECTION 39-43-170, AS AMENDED, RELATING TO CRIMINAL PENALTIES FOR VIOLATIONS, SO AS TO INCREASE THE MINIMUM FINE FROM FIVE HUNDRED DOLLARS TO ONE THOUSAND DOLLARS AND TO INCREASE THE MINIMUM IMPRISONMENT FROM SIXTY TO NINETY DAYS; TO AMEND SECTION 39-43-180, AS AMENDED, RELATING TO ADMINISTRATIVE PENALTIES FOR FAILURE TO COMPLY WITH AN ORDER, SO AS TO CLARIFY PROCEDURES FOR VIOLATIONS AND TO INCREASE THE PENALTY FROM TWO THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO PROVIDE AN EXEMPTION TO STORAGE CAPACITY REQUIREMENTS UNDER CERTAIN CONDITIONS; AND TO REPEAL SECTION 39-43-90 RELATING TO THE INSPECTION AND CERTIFICATION OF CARGO VESSELS AND SECTION 39-43-160 RELATING TO ADMINISTRATIVE PROCEDURES AND PENALTIES.
Rule 5.12 was waived by a division vote of 12 to 0.
Ordered for consideration tomorrow.
Rep. T.C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 747 -- Judiciary Committee: A BILL TO AMEND 40-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE THAT PERSONS LICENSED AS ACCOUNTANTS MAY OPERATE IN ANY FORM ALLOWED BY LAW; TO AMEND SECTION 40-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXAMINATION AND EDUCATION REQUIREMENTS OF CERTIFIED PUBLIC ACCOUNTANTS, SO AS TO INCLUDE FIVE YEARS EXPERIENCE TEACHING ACCOUNTING IN A COLLEGE OR UNIVERSITY RECOGNIZED BY THE BOARD AS ONE OF THE EXPERIENCE REQUIREMENTS; TO AMEND SECTION 40-1-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WAIVER OF EXAMINATION FOR A PERSON CERTIFIED IN ANOTHER STATE AS A CERTIFIED PUBLIC ACCOUNTANT, SO AS TO PROVIDE FOR FOREIGN RECIPROCITY WHEN SUCH JURISDICTIONS HAVE SUBSTANTIALLY EQUIVALENT REQUIREMENTS AS SOUTH CAROLINA; TO AMEND SECTION 40-1-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FILING OF CERTIFICATE OF COMPLIANCE WITH CONTINUING EDUCATION REQUIREMENTS, SO AS TO PROVIDE THAT ANNUALLY OR ON OR BEFORE THE LAST DAY OF FEBRUARY A CERTIFICATE OF COMPLIANCE WITH THE CONTINUING EDUCATION REQUIREMENTS MUST BE FILED WITH THE BOARD; TO AMEND SECTION 40-1-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVOCATION OR SUSPENSION OF A LICENSE OR PERMIT, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY CERTIFICATE OF A CERTIFIED PUBLIC ACCOUNTANT OR A LICENSE OF A PUBLIC ACCOUNTANT; TO AMEND SECTION 40-1-570, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PROFESSIONAL ASSOCIATIONS, SO AS TO PROVIDE SPECIFIC VIOLATIONS FOR WHICH THE BOARD MAY REVOKE OR SUSPEND ANY LICENSE OR PERMIT OF AN ACCOUNTING PRACTITIONER.
Ordered for consideration tomorrow.
Rep. DAVENPORT, from the Spartanburg Delegation, submitted a favorable report, on:
H. 4216 -- Rep. Davenport: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN SPARTANBURG COUNTY UNTIL JULY 1, 1994.
Ordered for consideration tomorrow.
The following was introduced:
H. 4234 -- Rep. Corning: A CONCURRENT RESOLUTION TO EXPRESS THE BELIEF OF THE MEMBERS OF THE GENERAL ASSEMBLY THAT STATE AND LOCAL LAW ENFORCEMENT OFFICIALS SHOULD STRICTLY ENFORCE THE PROVISIONS OF LAW WHICH PROHIBIT LOTTERIES, GAMBLING, AND OTHER SIMILAR TYPES OF UNLAWFUL ACTIVITIES.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The following was introduced:
H. 4235 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE THE REVEREND DOCTOR MICHAEL ROSS OF COLUMBIA UPON BEING AWARDED THE DOCTOR OF MINISTRY DEGREE FROM UNITED THEOLOGICAL SEMINARY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4236 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE JOAN C. SCOTT OF COLUMBIA UPON BEING SELECTED A TWIN HONOREE BY THE YWCA OF THE MIDLANDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4237 -- Rep. Davenport: A HOUSE RESOLUTION TO RECOGNIZE SIX OUTSTANDING STUDENTS AT CHAPMAN HIGH SCHOOL AND TO WISH THEM WELL AS THEY CONTINUE TO DISTINGUISH THEMSELVES IN THEIR SCHOOL WORK AND EXTRACURRICULAR ACTIVITIES.
The Resolution was adopted.
The Senate sent to the House the following:
S. 791 -- Senator Thomas: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY FOR THE DISTINGUISHED SERVICE TO COMMUNITY AND STATE OF MR. LEVIS L. GILSTRAP, JR., OF GREENVILLE COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 792 -- Senators Setzler and Leventis: A CONCURRENT RESOLUTION TO COMMEND DR. WILLIAM F. "BILL" PUTNAM, SENIOR ASSOCIATE DEAN AND PROFESSOR OF ECONOMICS AT THE UNIVERSITY OF SOUTH CAROLINA COLLEGE OF BUSINESS ADMINISTRATION, FOR HIS EXEMPLARY SERVICE TO THE UNIVERSITY UPON HIS RETIREMENT AS DEAN.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4238 -- Reps. Rudnick, Huff, Stone, Sharpe and R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE LONNIE A. GARVIN, SR. OF AIKEN COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4239 -- Reps. Kennedy and Harvin: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION WITH IT.
On motion of Rep. KENNEDY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4240 -- Reps. Wofford, Law, Williams and H. Brown: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. H. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Bailey, G. Bailey, J. Baker Baxley Beatty Boan Breeland Brown, G. Brown, H. Canty Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Farr Gamble Govan Harrell Harrelson Harris, J. Harris, P. Harrison Harwell Haskins Hines Hodges Holt Houck Huff Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Kirsh Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Williams Witherspoon Wofford Worley Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, May 26.
Harry M. Hallman, Jr. Larry L. Elliott Ronald C. Fulmer Eugene C. Stoddard Robert A. Barber, Jr. Morgan Martin Marion H. Kinon John G. Felder James S. Klauber Stephen E. Gonzales John J. Snow, Jr. Douglas Jennings, Jr. C. Lenoir Sturkie William D. Keyserling Roger M. Young Joseph T. McElveen, Jr. C. Alex Harvin, III
STATEMENTS OF ATTENDANCE
Reps. COBB-HUNTER and HARVIN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, May 25.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, May 13.
Rep. FARR moved to adjourn debate upon the following Bill until Thursday, May 27, which was adopted.
H. 4218 -- Rep. Farr: A BILL TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR UNION COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR UNION COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE UNION COUNTY ELECTION COMMISSION AND THE UNION COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW UNION COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4219 -- Rep. Farr: A BILL TO DECREASE THE MEMBERSHIP OF THE UNION COUNTY DEPARTMENT OF SOCIAL SERVICES BOARD FROM NINE TO THREE MEMBERS.
H. 3550 -- Reps. McMahand, Stone, R. Smith, Canty, Neilson, Hutson, McLeod, Hines, Cooper, Scott, J. Brown, Beatty, Anderson, Phillips, J. Harris, Baker and Harrell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-60 SO AS TO REQUIRE SCHOOL ADMINISTRATORS TO CONTACT LAW ENFORCEMENT AUTHORITIES WHEN CRIMINAL CONDUCT OCCURS ON SCHOOL PROPERTY OR AT A SCHOOL SANCTIONED OR SPONSORED ACTIVITY.
H. 3922 -- Rep. Sheheen: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXTEND THE EXEMPTION ALLOWED NONPROFIT HOUSING CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST HOUSING FOR HANDICAPPED PERSONS OR BOTH AGED AND HANDICAPPED PERSONS TO NONPROFIT CORPORATIONS EXCLUSIVELY PROVIDING BELOW-COST SUPPORTIVE HOUSING FOR ELDERLY PERSONS OR HOUSEHOLDS AUTHORIZED PURSUANT TO APPROPRIATE FEDERAL LAWS AND TO DELETE OBSOLETE LANGUAGE.
The following Bill was taken up.
H. 4008 -- Reps. McLeod, G. Brown, Canty, McElveen and Neal: A BILL TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, and PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH and STATISTICAL SERVICES OF THE BUDGET and CONTROL BOARD DESIGNATED AS DOCUMENT P-85-93, PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE SUMTER COUNTY REGISTRATION and ELECTIONS COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SUMTER COUNTY LEGISLATIVE DELEGATION; TO REPEAL SECTION 7-7-502 RELATING TO THE DESIGNATION OF POLLING PLACES IN SUMTER COUNTY.
Rep. McLEOD, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6061DW.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 7-7-501 of the 1976 Code, as last amended by Act 608 of 1988, is further amended to read:
"Section 7-7-501. (A) In Sumter County there are the following voting precincts:
Bates
Birnie
Brogdon
Burns-Downs
Causeway Branch
Cherryvale
Concord
Crosswell
Dalzell
Dalzell-Dubose
Delaine
Ebenezer
Folsom Park
Furman
Green Swamp
Hampton Park
Harmony
Hillcrest
Horatio
Horsepen Branch
Lemira
Loring
Magnolia
Manchester Forest
Mayesville
Mayewood
McCray's Mill
McCray's Mill North
McCray's Mill South
Millwood
Morris College
Mulberry
Oakland Plantation
Old Pocalla
Oswego
Palmetto Park
Pinewood
Pleasant Grove-Trinity
Pocotaligo
Privateer
Rembert
Saint John
Saint Mark
Saint Paul
Salem
Salterstown
Savage-Glover
Second Mill
Shaw
Shiloh
South Liberty
South Red Bay
Spectrum
Stone Hill
Sumter High
Sunset
Swan Lake
Taylors
Thomas Sumter
Turkey Creek
Wilder
Wilson Hall.
The present boundaries of these precincts are modified as shown on the official map dated February 23, 1988, on file with the Division of Research and Statistical Services of the South Carolina Budget and Control Board and as shown on certified copies provided to the State Election Commission and the Board of Voter Registration of the county by the Division of Research and Statistical Services.
The property on which the Sumter Elk's Club is situated is transferred to the Second Mill Precinct.
(B) The precinct lines defining the above precincts are as shown on official maps on file with the Division of Research and Statistical Services of the Budget and Control Board designated as document P-85-93 and as shown on certified copies provided to the State Election Commission and the Sumter County Board of Voter Registration by the division.
(C) The polling places for the precincts provided in this section must be established by the Sumter County Registration and Elections Commission subject to the approval of a majority of the Sumter County Legislative Delegation."
SECTION 2. Section 7-7-502 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor./
Amend the title to read:
TO AMEND SECTION 7-7-501, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PRECINCTS IN SUMTER COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, and PROVIDE THAT THE PRECINCT LINES DEFINING THE PRECINCTS ARE AS SHOWN ON OFFICIAL MAPS ON FILE WITH THE DIVISION OF RESEARCH and STATISTICAL SERVICES OF THE BUDGET and CONTROL BOARD DESIGNATED AS DOCUMENT P-85-93, PROVIDE THAT THE POLLING PLACES FOR THE PRECINCTS MUST BE ESTABLISHED BY THE SUMTER COUNTY REGISTRATION and ELECTIONS COMMISSION SUBJECT TO THE APPROVAL OF A MAJORITY OF THE SUMTER COUNTY LEGISLATIVE DELEGATION; TO REPEAL SECTION 7-7-502 RELATING TO THE DESIGNATION OF POLLING PLACES IN SUMTER COUNTY.
The Bill, as amended, was read the third time and ordered sent to the Senate.
Rep. FARR moved to adjourn debate upon the following Bill until Monday, May 31, which was adopted.
H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4231 -- Rep. Elliott: A BILL TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 3 IN MARION COUNTY TO BORROW NOT EXCEEDING THREE HUNDRED THOUSAND DOLLARS FOR THE PURPOSE OF CONSTRUCTING, IMPROVING, AND REPAIRING SCHOOLS AND SCHOOL BUILDINGS IN THE DISTRICT; TO PROVIDE FOR THE METHOD OF PAYMENT OF THE LOAN AND INTEREST BY THE BOARD; AND TO PROVIDE THAT THE INTEREST EARNED IS NOT TAXABLE INCOME OR SUBJECT TO INSURANCE PREMIUM TAXES.
H. 4054 -- Reps. M.O. Alexander and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-19-35 SO AS TO PROVIDE THAT WHERE A VACANCY ON A BOARD OF TRUSTEES OF A COLLEGE OR UNIVERSITY OF THIS STATE HAS OCCURRED FOR ANY REASON OTHER THAN EXPIRATION OF THE TERM AND IS UNFILLED AT THE BEGINNING OF AN ANNUAL SESSION OF THE GENERAL ASSEMBLY, A JOINT REVIEW COMMITTEE TO CONSIDER APPLICANTS FOR THIS VACANCY AND OTHERS OF SIMILAR CIRCUMSTANCES MUST BE APPOINTED WITHIN SIX LEGISLATIVE DAYS AFTER THE ANNUAL SESSION OF THE GENERAL ASSEMBLY CONVENES, AND THE ELECTION TO FILL THIS VACANCY MUST OCCUR WITHIN SIX WEEKS AFTER THE JOINT REVIEW COMMITTEE IS APPOINTED, AND TO PROVIDE EXCEPTIONS.
S. 702 -- Education Committee: A BILL TO AMEND SECTIONS 59-109-30, 59-109-50, 59-109-70, 59-109-80, 59-109-90, 59-109-100, 59-109-110, 59-109-120, 59-109-130, 59-109-140, AND 59-109-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EDUCATIONAL FACILITIES AUTHORITY ACT FOR PRIVATE NONPROFIT INSTITUTIONS OF HIGHER LEARNING, SO AS TO REVISE DEFINITIONS AND PROVIDE ADDITIONAL DEFINITIONS; TO REVISE AND ADD ADDITIONAL POWERS TO THE AUTHORITY, INCLUDING THE POWER TO ENTER INTO AGREEMENTS NECESSARY OR INCIDENTAL FOR ISSUING BONDS OR COMPLETING A PROJECT, TO ENTER INTO FINANCING AGREEMENTS, TO MAKE BOND PROCEEDS AVAILABLE BY LOAN PURSUANT TO A FINANCING AGREEMENT, TO LEASE OR SELL PROJECTS PURSUANT TO A FINANCING AGREEMENT, TO PLEDGE OR ASSIGN FUNDS PURSUANT TO A FINANCING AGREEMENT TO THE PAYMENT OF BONDS; TO AUTHORIZE THE AUTHORITY TO ACQUIRE LAND FOR THE ACQUISITION OF PROJECTS; TO AUTHORIZE PROJECTS OWNED BY THE AUTHORITY AND LEASED TO A PARTICIPATING INSTITUTION TO BE TRANSFERRED TO THE INSTITUTION, AND TO AUTHORIZE FINANCING AGREEMENTS TO CONTAIN PROVISIONS ALLOWING OPTIONS TO RENEW A LEASE OR PURCHASE A PROJECT BEFORE RETIREMENT OF THE BONDS, INCLUDING PURCHASE AT LESS THAN FAIR MARKET VALUE; TO PROVIDE ADDITIONAL PROVISIONS WHICH MAY BE INCLUDED IN PROCEEDINGS AUTHORIZING OR TRUST AGREEMENT PROVIDING FOR BONDS AND A RELATED FINANCING AGREEMENT; TO PROVIDE THAT ONLY AMOUNTS PAID BY A PARTICIPATING INSTITUTION PURSUANT TO A FINANCING AGREEMENT ARE PLEDGED TO THE PAYMENT OF THE BONDS; TO PROVIDE THAT FINANCING AGREEMENTS REQUIRE INSTITUTIONS TO COMPLETE PROJECTS IF BOND PROCEEDS ARE INSUFFICIENT, TO MAKE SUFFICIENT PAYMENTS TO PAY PRINCIPAL, INTEREST, AND ANY PREMIUMS ON BONDS, AND TO MAINTAIN RESERVES AS SET BY THE AUTHORITY, AND TO ALLOW THE AUTHORITY TO REQUIRE OTHER SETASIDES OF AMOUNTS DERIVED FROM FINANCING AGREEMENTS; TO PROVIDE THAT BONDS MAY BE ISSUED PURSUANT GENERALLY TO PROCEEDINGS RATHER ONLY BY RESOLUTION, AND TO PROVIDE THAT A PARTICIPATING PUBLIC INSTITUTION OF HIGHER LEARNING IN OPERATING OR MAINTAINING A PROJECT IS AN ESSENTIAL PUBLIC FUNCTION.
Rep. PHILLIPS explained the Bill.
Rep. NEILSON moved to adjourn debate upon the following Bill until Thursday, May 27, which was adopted.
H. 4232 -- Reps. Jennings and Neilson: A BILL TO AMEND SECTION 7-7-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN MARLBORO COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
The following Bill was taken up.
H. 3937 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-7-12 SO AS TO PROVIDE THAT UNIFORM TRAFFIC TICKETS MAY NOT BE USED FOR PARKING OFFENSES.
Rep. FAIR, with unanimous consent, proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4782AL.93), which was adopted.
Amend the bill, as and if amended, Section 56-7-12, SECTION 1, by adding at the end /This section does not affect the provisions of Article 18, Chapter 3 of this title relating to violations for parking for handicapped persons./
Amend title to conform.
The Bill, as amended, was read the third time and ordered sent to the Senate.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 193 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 35, TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENTS AND DECREES, BY ADDING ARTICLE 11 SO AS TO ENACT THE UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT; AND TO AMEND SECTION 8-21-310, AS AMENDED, RELATING TO FEES AND COSTS COLLECTED BY COUNTY OFFICIALS, SO AS TO ADD THE COLLECTION OF FEES AND COSTS ASSOCIATED WITH ENROLLING AND COLLECTING FOREIGN JUDGMENTS.
S. 402 -- Senator Land: A BILL TO AMEND SECTION 56-1-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAVING A DRIVER'S LICENSE IN POSSESSION WHEN OPERATING A MOTOR VEHICLE, SO AS TO PROVIDE THAT UPON CONVICTION FOR VIOLATION OF THIS SECTION COURT COSTS MAY BE WAIVED AND NO POINTS MAY BE ASSESSED FOR DRIVING RECORD OR INSURANCE PURPOSES.
The following Bill was taken up.
H. 3897 -- Reps. Waites, Houck, Baxley, Kelley, Cromer, G. Bailey, Hines, Simrill, Hallman, Neilson, Richardson, Shissias, Keegan, Stille, J. Bailey, Klauber, Snow, Vaughn, Walker, D. Wilder, Stone, Allison, Meacham, Cato, A. Young, Moody-Lawrence and Hutson: A BILL TO AMEND SECTION 8-13-320, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO INCLUDE THE MEMBERS OF THE HOUSE OF REPRESENTATIVES AND SENATE WITHIN JURISDICTION OF THE COMMISSION; AND TO REPEAL SECTIONS 8-13-530 THROUGH 8-13-560 RELATING TO THE HOUSE OF REPRESENTATIVES AND SENATE ETHICS COMMITTEES.
Rep. HODGES explained the Bill.
Reps. SCOTT, HOLT, BREELAND, INABINETT and WHIPPER objected to the Bill.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 501 -- Senator Peeler: A BILL TO PROVIDE THAT CERTAIN CRIMINAL OFFENDERS COMMITTED TO INCARCERATION IN THIS STATE MAY BE REQUIRED TO PERFORM PUBLIC SERVICE WORK ACTIVITIES, PROHIBIT THE PARTICIPATION OF OFFENDERS CONVICTED OF VIOLENT CRIMES FROM PERFORMING THESE WORK ACTIVITIES, AND PROVIDE FOR THE TIMES WHEN THE WORK IS ALLOWED AND THE TYPE OF WORK ACTIVITIES PERMITTED.
S. 736 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO REQUIREMENTS FOR PERMANENT LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1624, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. JASKWHICH having the floor.
H. 3387 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday May 25, by the Committee on Education and Public Works.
Rep. JASKWHICH continued speaking.
Reps. KIRSH, MOODY-LAWRENCE, CANTY, WORLEY and HINES objected to the Bill.
The following Bill was taken up.
S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.
Rep. COBB-HUNTER explained the Bill.
Reps. ROBINSON, LANFORD and TROTTER objected to the Bill.
Rep. COBB-HUNTER moved to adjourn debate upon the Bill until Thursday, May 27, which was adopted.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Thursday, May 27, which was adopted.
H. 4128 -- Rep. Canty: A BILL TO AMEND SECTION 59-63-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE AT SCHOOLS IN ADJACENT COUNTIES, SO AS TO MAKE CERTAIN PROVISIONS OF THE SECTION PERMISSIVE RATHER THAN MANDATORY.
The following Bill was taken up.
H. 4036 -- Reps. Wilkins, Clyborne, Jaskwhich, Fair, G. Brown, R. Smith, Quinn, Hines, Sharpe, McAbee, Richardson, Cato, Jennings, Gamble, Wofford, Wells, J. Bailey, Stone, Hallman, G. Bailey, J. Wilder, Marchbanks, Trotter, H. Brown, P. Harris, Keegan, Mattos, Vaughn, Walker and Phillips: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 50 SO AS TO PROVIDE FOR THE GOVERNOR'S SCHOOL FOR THE ARTS AND HUMANITIES.
Reps. SHEHEEN, HODGES, ROGERS, MOODY-LAWRENCE, McTEER, KENNEDY and HOLT objected to the Bill.
The following Bill was taken up.
S. 703 -- Senator Reese: A BILL TO AMEND SECTION 50-25-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT MOTOR RESTRICTIONS ON LAKE H. TAYLOR BLALOCK, SO AS TO REVISE THE MOTOR HORSEPOWER RESTRICTION APPLICABLE TO PONTOON BOATS GREATER THAN SIXTEEN FEET IN LENGTH FROM THIRTY-FIVE TO FORTY.
Rep. SNOW proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7317BD.93), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 50-23-15. A marine dealer who fails to meet the minimum requirements for a dealer's permit annually may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department may renew the permit for the calendar year."/
Renumber sections to conform.
Amend title to conform.
Rep. SNOW explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3346 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-354 SO AS TO PROHIBIT THE HUNTING OF DEER ACROSS PUBLIC ROADS, STREETS, OR HIGHWAYS IN GAME ZONE 2 AND PROVIDE PENALTIES.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, April 29, by Rep. CORNING.
Rep. CORNING moved to table the amendment, which was agreed to.
The Bill was read the second time and ordered to third reading.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
On motion of Rep. HODGES, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 549 -- Senator Reese: A BILL TO AMEND SECTION 16-17-680, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL PURCHASE OR TRANSPORTATION OF COPPER WIRE OR PIPE, SO AS TO PROHIBIT THE PURCHASE OF ALL COPPER ALLOYS, COPPER WIRE, AND COPPER PIPE IN EXCESS OF TWENTY-FIVE POUNDS WITHOUT PROPER IDENTIFICATION, TO REQUIRE CERTAIN IDENTIFICATION, AND TO INCREASE THE PENALTIES IMPOSED.
On motion of Rep. BOAN, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 228 -- Senators McGill, Macaulay, O'Dell, Russell, Patterson, Ford, Reese, Saleeby, Martin, Wilson, Leventis, Passailaigue, Greg Smith, McConnell, Moore, Peeler, Rankin, Rose, Courtney, Lander, Richter, Mitchell, Elliott, Matthews, Washington, Thomas, Glover, Gregory, Stilwell, Cork, Ryberg, Land, Waldrep, Courson, Hayes, Bryan, Jackson, Setzler, Mescher, Short and Giese: A BILL TO AMEND SECTION 4-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE GENERAL ASSEMBLY PROVIDE THE NECESSARY FUNDS TO ADMINISTER A LAW, RULE, OR REGULATION WHICH IT MANDATES A COUNTY TO IMPLEMENT, SO AS TO SUSPEND STATE MANDATES TO COUNTIES UNLESS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY AND TO SUSPEND THE GRANTING OR INCREASING OF EXEMPTIONS FROM COUNTY PROPERTY TAXATION UNLESS ANY LOSS OF PROPERTY TAX REVENUE RESULTING FROM THE EXEMPTION IS FUNDED BY APPROPRIATIONS MADE BY THE GENERAL ASSEMBLY.
Rep. HASKINS asked unanimous consent to recall S. 599 from the Committee on Judiciary.
Rep. BAXLEY objected.
On motion of Rep. MARTIN, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 644 -- Corrections and Penology Committee: A BILL TO AMEND SECTION 20-7-2205, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO DELETE THE PROVISION THAT AUTHORIZED COMMITMENT FOR AN INDETERMINATE PERIOD NOT TO EXCEED FORTY-FIVE DAYS FOR THE PURPOSE OF EVALUATION.
Rep. PHILLIPS asked unanimous consent to recall S. 127 from the Committee on Education and Public Works.
Rep. MEACHAM objected.
On motion of Rep. McABEE, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
S. 368 -- Senator Drummond: A BILL TO AMEND SECTION 12-37-450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO COUNTIES AND MUNICIPALITIES FOR REVENUE LOST FROM THE BUSINESS INVENTORY PROPERTY TAX EXEMPTION, SO AS TO PROVIDE THAT REIMBURSEMENT AMOUNTS TO A POLITICAL SUBDIVISION WITHIN A COUNTY ATTRIBUTABLE TO A SEPARATE MILLAGE FOR DEBT SERVICE MUST BE REDISTRIBUTED PROPORTIONATELY TO OTHER 1987 TAX YEAR MILLAGES LEVIED BY THE POLITICAL SUBDIVISION WHEN THE DEBT IS REPAID.
Rep. SCOTT asked unanimous consent to recall H. 3765 from the Committee on Judiciary.
Rep. HODGES objected.
Rep. FELDER, with unanimous consent, made a statement relative to the Carnell, Felder, Boan Conference Report on H. 3010, encouraging the House to stand by their convictions even though the Senate had not acted on the Conference Report.
The Senate amendments to the following Bill were taken up for consideration.
H. 3717 -- Rep. Rogers: A BILL TO AMEND SECTION 41-18-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA AMUSEMENT RIDES SAFETY CODE, THE APPLICABILITY OF THESE PROVISIONS, AND EXCEPTIONS TO APPLICABILITY, SO AS TO MAKE THE PROVISIONS APPLICABLE TO CERTAIN "OTHER PLACES OPEN TO THE PUBLIC"; TO AMEND SECTION 41-18-40, RELATING TO DEFINITIONS UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO DELETE CERTAIN LANGUAGE, MAKE CHANGES TO THE DEFINITIONS OF "TEMPORARY DEVICE" AND "SERIOUS INJURY", AND PROVIDE A DEFINITION FOR "CATASTROPHIC ACCIDENT"; TO AMEND SECTION 41-18-60, RELATING TO APPLICATION FOR, AND DURATION AND REVOCATION OF, A PERMIT UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERMIT IS VALID FOR A PERIOD OF UP TO ONE YEAR EXPIRING ON DECEMBER THIRTY-FIRST OF THE YEAR IT IS ISSUED, REQUIRE THAT NOTICE OF PLANNED SCHEDULES BE MAILED TO THE COMMISSIONER OF LABOR AT LEAST SEVEN, RATHER THAN FIFTEEN, DAYS BEFORE THE FIRST INTENDED DATE OF USE, AND PROVIDE THAT CERTAIN VIOLATIONS OF THE AMUSEMENT RIDES SAFETY CODE MAY RESULT IN REVOCATION IF WRITTEN NOTICE OF NONCOMPLIANCE IS SERVED UPON THE OWNER SPECIFYING ANY VIOLATION OF THE PROVISIONS OF THE CODE AND DIRECTING THE OWNER TO CORRECT THE VIOLATIONS WITHIN THE PERIOD SPECIFIED BY THE COMMISSIONER, RATHER THAN WITHIN THIRTY DAYS OF RECEIPT OF THE NOTICE; TO AMEND SECTION 41-18-70, RELATING TO THE INSPECTION OF AN AMUSEMENT DEVICE WHICH MUST BE MADE BEFORE A PERMIT MAY BE ISSUED, SO AS TO PROVIDE THAT THE INSPECTION MUST HAVE BEEN CONDUCTED WITHIN ONE MONTH, RATHER THAN WITHIN ONE YEAR, PRIOR TO THE PERMIT APPLICATION, UNLESS EXTENDED BY CERTAIN PROVISIONS OF LAW; TO AMEND SECTION 41-18-80, RELATING TO INSPECTION PROCEDURES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCES TO THE COMMISSIONER OF LABOR'S DESIGNEE, PROVIDE THAT, IN THE CASE OF A TEMPORARY DEVICE, BEFORE FIRST OPERATION IN THIS STATE EACH YEAR, RATHER THAN "UPON FIRST ENTRY INTO THE STATE", THE AMUSEMENT DEVICE MUST BE INSPECTED BY THE COMMISSIONER OR SPECIAL INSPECTOR FOR THE PERMIT TO BE ISSUED AND DELETE CERTAIN PROVISIONS; TO AMEND SECTION 41-18-100, RELATING TO THE AMUSEMENT RIDES SAFETY CODE, DISCRIMINATION, OWNER'S DUTIES AFTER SERIOUS INJURY OCCURS, AND INSPECTION AND CORRECTION OF DEFECTS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT ANY OWNER OR LESSEE WHO BECOMES AWARE AT A CERTAIN TIME THAT A SERIOUS INJURY HAD OCCURRED SHALL REPORT IT IMMEDIATELY AND IN NO CASE LATER THAN THE END OF THE NEXT BUSINESS DAY, AND PROVIDE THAT WHEN A CATASTROPHIC ACCIDENT, RATHER THAN A SERIOUS INJURY, OCCURS INVOLVING THE OPERATION OF AN AMUSEMENT DEVICE, THE OWNER OR LESSEE SHALL IMMEDIATELY SHUT DOWN THE DEVICE FROM FURTHER USE; TO AMEND SECTION 41-18-110, RELATING TO NOTICE TO OWNERS, LESSEES, AND OPERATORS OF AMUSEMENT DEVICES OF RIGHTS AND OBLIGATIONS UNDER THE AMUSEMENT RIDES SAFETY CODE UPON RECEIPT OF PERMIT APPLICATIONS, SO AS TO PROVIDE THAT THIS NOTICE MUST BE FURNISHED BY THE COMMISSIONER OF LABOR ONLY UPON REQUEST; AND TO AMEND SECTION 41-18-150, RELATING TO CIVIL PENALTIES UNDER THE AMUSEMENT RIDES SAFETY CODE, SO AS TO PROVIDE THAT A PERSON WHO KNOWINGLY AND WILFULLY OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE AMUSEMENT RIDES SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER IS SUBJECT TO A CIVIL PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS PER DEVICE FOR EACH DAY SUCH NONCOMPLIANCE CONTINUES, AND PROVIDE FOR A SIMILAR CIVIL PENALTY FOR A PERSON WHO OPERATES AN AMUSEMENT DEVICE WITHOUT COMPLYING WITH CERTAIN PROVISIONS OF THE SAFETY CODE OR REGULATIONS PROMULGATED THEREUNDER.
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. 3255 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 9, TITLE 50 SO AS TO REQUIRE THE WILDLIFE AND MARINE RESOURCES DEPARTMENT TO ESTABLISH A HUNTER EDUCATION PROGRAM FOR PERSONS PURCHASING HUNTING LICENSES WHO WERE BORN AFTER JUNE 30, 1979, ALLOW RECIPROCITY FOR SUCCESSFUL COMPLETION OF COMPARABLE COURSES IN OTHER JURISDICTIONS, AND PROVIDE A PENALTY FOR VIOLATIONS.
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. 3615 -- Reps. Allison, G. Bailey, Haskins, Littlejohn, Jaskwhich, Harrison, Shissias, Wells, R. Smith, Neal, Farr, Walker, Davenport, Beatty, Cooper, Sturkie, Stone, Hutson, Riser, Robinson, Byrd, Stoddard, Thomas, Lanford, D. Smith, Phillips, D. Wilder and Snow: A BILL TO AMEND SECTION 6-11-91, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION FOR THE GOVERNING BODY OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT, SO AS TO PROVIDE THAT THE GOVERNING BODY OF SUCH A DISTRICT MAY RECEIVE IN MILEAGE AND SUBSISTENCE EXPENSES AMOUNTS NOT EXCEEDING THOSE ALLOWED BY LAW FOR STATE BOARDS, COMMITTEES, AND COMMISSIONS; AND TO ALLOW THE GOVERNING BODY TO ESTABLISH A PER DIEM NOT TO EXCEED ONE HUNDRED DOLLARS.
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 following Concurrent Resolution was taken up.
H. 4201 -- Reps. Carnell, McAbee, P. Harris and Stoddard: A CONCURRENT RESOLUTION TO REQUEST THE APPROPRIATE OFFICIALS OF BAMBERG COUNTY TO NAME THE NEW SENIOR CITIZENS CENTER OF THE BAMBERG COUNTY COUNCIL ON AGING AS "THE THOMAS AND CHESSIE RHOAD SENIOR CITIZENS CENTER".
Whereas, the Bamberg County Council on Aging is presently completing construction of a new senior citizens center in Bamberg County; and
Whereas, this magnificent new center will serve as a focal point for many varied and rewarding activities for senior citizens in Bamberg County; and
Whereas, Mrs. Chessie Rhoad, wife of The Honorable Thomas N. Rhoad, a fellow member of the General Assembly from Bamberg County, served as the first director of the Bamberg County Council on Aging and later as the chairman of its board; and
Whereas, Tom Rhoad played an instrumental role in developing the legislation which secured a portion of the funding of this fine center and also by his personal involvement helped secure the remainder of the necessary funds; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to these two distinguished South Carolinians if this new center were named in their honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the appropriate officials of Bamberg County are requested to name the new senior citizens center of the Bamberg County Council on Aging as "The Thomas and Chessie Rhoad Senior Citizens Center".
Be it further resolved that a copy of this resolution be forwarded to the Bamberg County Council on Aging.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The Motion Period was dispensed with on motion of Rep. McTEER.
Rep. H. BROWN moved that the House recur to the morning hour, which was agreed to.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4241 -- Reps. Jaskwhich, Vaughn, Haskins, Wilkins and Stuart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-2325 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF DEALER PLATES; TO AMEND SECTION 56-3-2320, AS AMENDED, RELATING TO DEALER AND WHOLESALER PLATES, SO AS TO PROVIDE ADDITIONAL RESTRICTIONS ON THE ISSUANCE OF DEALER LICENSE PLATES AND PROHIBIT THE ISSUANCE OF WHOLESALER LICENSE PLATES.
Referred to Committee on Education and Public Works.
H. 4242 -- Reps. Wofford, H. Brown, Williams and Law: A BILL TO AMEND SECTION 7-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN BERKELEY COUNTY, SO AS TO REDESIGNATE THE PRECINCTS, DELETE LOCATIONS OF POLLING PLACES, AND PROVIDE THAT POLLING PLACES MUST BE ESTABLISHED BY THE BERKELEY COUNTY ELECTION COMMISSION SUBJECT TO THE APPROVAL OF THE BERKELEY COUNTY LEGISLATIVE DELEGATION.
On motion of Rep. WOFFORD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4243 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JULY 1, 1994.
Rep. CARNELL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WAITES objected.
Referred to Greenwood Delegation.
The following Bill was taken up.
S. 482 -- Senators J. Verne Smith, O'Dell, Wilson, McConnell, Passailaigue, Leatherman and Martin: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS BY ADDING CHAPTER 68 SO AS TO REGULATE BUSINESSES THAT OFFER STAFF LEASING SERVICES; AND TO PROVIDE FOR LICENSING AND DISCIPLINARY ACTION.
Rep. M.O. Alexander proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11485AC.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 40 of the 1976 Code is amended by adding:
Section 40-68-10. As used in this chapter:
(1) 'Applicant' means a business seeking to be licensed under this chapter or seeking the renewal of a license under this chapter.
(2) 'Client company' means a person that contracts with a licensee and is assigned employees by the licensee under that contract.
(3) 'Administrator' means the administrator of the Department of Consumer Affairs.
(4) 'Controlling person' means:
(a) an officer or director of a corporation seeking to offer staff leasing services, a shareholder holding ten percent or more of the voting stock of a corporation seeking to offer staff leasing services, or a partner of a partnership seeking to offer staff leasing services;
(b) an individual who possesses, directly or indirectly, the power to direct or cause the direction of the management or policies of a company seeking to offer staff leasing services through the ownership of voting securities, by contract or otherwise, and who is actively involved in the day-to-day management of the company; or
(c) an individual employed, appointed, or authorized by a business seeking to offer staff leasing services to enter into a contractual relationship with a client company on behalf of the business.
(5) 'Department' means the South Carolina Department of Consumer Affairs.
(6) 'Licensee' means a person licensed under this chapter to provide staff leasing services. The term includes a staff leasing services group licensed under Section 40-68-80.
(7) 'Person' means an individual, association, corporation, partnership, or other private legal entity.
(8) 'Staff leasing services' means an arrangement by which employees of a licensee are assigned to work at a client company and in which employment responsibilities are shared by the licensee and the client company. The employee's assignment is intended to be of a long-term or continuing nature, rather than temporary or seasonal in nature, and a majority of the work force at a client company worksite or a specialized group within that work force consists of assigned employees of the licensee. This does not include family-related businesses or similar groups that do not meet the requirements of item (8).
(9) 'Staff leasing services company' means an individual business entity that offers staff leasing services.
(10) 'Staff leasing services group' means a combination of staff leasing services companies that operates under a group license issued under Section 40-68-80.
(11) 'Assigned employee' means a person performing services for a client company as affected by a contract between a licensee and client company in which employment responsibilities are shared.
(12) 'Entire work force' means all persons engaged by a client company and are employees as defined in Title 42 including persons considered employees under Sections 42-1-400, 42-1-410, and 42-1-420.
Section 40-68-20. The department shall adopt regulations necessary to administer this chapter. Regulations must be adopted in compliance with the Administrative Procedure Act. A licensee is governed and controlled by this chapter and the regulations adopted by the department.
Section 40-68-30. (A) A person may not engage in or offer staff leasing services in this State without holding a license issued under this chapter. A person that desires a staff leasing services company license shall file with the department a written application accompanied by an application fee of one hundred dollars for each controlling person. In addition, the application fee is two hundred dollars for each staff leasing services company, and three hundred dollars for each staff leasing services group.
(B) The department may require an applicant for a license to provide information and certifications to determine whether the applicant meets the licensing requirements of this chapter and also whether individuals affiliated with the applicant are qualified to serve as controlling persons.
(C) An application for a staff leasing services group license under Section 40-68-80 must provide the information required by this chapter for each member of the group. An applicant or licensee is ineligible for a license for one year after the date of final departmental action on the denial or revocation of a license applied for or issued under this chapter. This restriction does not apply to a denial or revocation of a license if the basis of the action was:
(1) an inadvertent error or omission in the application if that error or omission is promptly corrected;
(2) the experience documented to the department was insufficient at the time of the previous application;
(3) the department was unable to complete the criminal background investigation required under Section 40-68-40 because of insufficient information received from a local, state, or federal law enforcement agency; or
(4) that one or more of the controlling persons affiliated with the applicant or licensee was determined by the department to be unsuitable, if that unsuitable controlling person has in fact ceased to be a controlling person of the applicant or license.
Section 40-68-40. (A) To be qualified to serve as a controlling person of a license under this chapter, a person must be at least eighteen years of age, be of good moral character, and have educational, managerial, or business experience relevant to:
(1) operation of a business entity offering staff leasing services; or
(2) services as a controlling person of a staff leasing services company.
For the purposes of this section, 'good moral character' means a personal history of honesty, trustworthiness, fairness, a good reputation for fair dealing, and respect for the rights of others and for the laws of this State and nation.
(B) The department shall conduct a background investigation of each individual applicant and of each controlling person of each applicant to determine whether the applicant or controlling person is qualified under this chapter. The department may deny an application for the issuance or renewal of a license if it finds that a controlling person is not qualified under this chapter. The investigation may include:
(1) the submission of fingerprints for processing through appropriate local, state, and federal law enforcement agencies; and
(2) examination by the department of police or other law enforcement records maintained by local, state, or federal law enforcement agencies.
(C) Conviction of a crime does not automatically disqualify a controlling person, require the revocation of a license, or require the denial of an application for a new or renewed license.
(D) A licensee shall maintain a registered agent for the service of process in this State.
(E) An applicant for an original or renewal license must demonstrate a net worth of at least fifty thousand dollars. The applicant shall demonstrate the net worth to the department by providing the department with the applicant's audited financial statement. The net worth requirement also may be satisfied through guarantees, letters of credit, or other security acceptable to the department in a combined total amount of at least fifty thousand dollars. A guaranty is not acceptable to satisfy this subsection unless the applicant submits sufficient evidence to satisfy the department that the guarantor has adequate resources to satisfy the obligations of the guaranty. For applicants operating a staff leasing services company or staff leasing services group on or before January 1, 1991, the net worth requirement will be satisfied by the documentation of a positive net worth.
(F) A document submitted to establish net worth must reflect the net worth as of a date not earlier than six months before the date on which the application is submitted, and must be prepared by a certified public accountant. Information supplied regarding net worth, is proprietary and confidential and is exempt from disclosure to third parties.
Section 40-68-50. (A) An applicant for an original or renewal license shall pay to the department on the issuance of the license or license renewal a fee. License fees are assessed as follows:
(1) in the first year of the biennium:
(a) two thousand dollars for a resident staff leasing services company;
(b) four thousand dollars for a resident staff leasing services group;
(c) two thousand dollars for a nonresident staff leasing services company. However, if the state of residency of the nonresident leasing company imposes a greater fee for licensing nonresident applicants, then the greater fee is assessed. The maximum fee to be charged is five thousand dollars for a nonresident staff leasing services company;
(d) four thousand dollars for each nonresident staff leasing services group. However, if the state of residency of the nonresident staff leasing services group imposes a greater fee for licensing nonresident applicants, then the greater fee is assessed. The maximum fee to be charged is ten thousand dollars for each nonresident staff leasing services group;
(2) in the second year of the biennium:
(a) one thousand dollars for each resident staff leasing services company;
(b) three thousand, five hundred dollars for each resident staff leasing services group;
(c) one thousand dollars for a nonresident staff leasing services company. However, if the state of residency of the nonresident leasing company imposes a greater fee for licensing nonresident applicants, then the greater fee is assessed. The maximum fee to be charged is two thousand, five hundred dollars for a nonresident staff leasing services company;
(d) three thousand, five hundred dollars for each nonresident staff leasing services group. However, if the state of residency of the nonresident staff leasing services group imposes a greater fee for licensing nonresident applicants, then the greater fee is assessed. The maximum fee to be charged is five thousand dollars for each nonresident staff leasing services group;
(3) for renewal licenses:
(a) fifteen hundred dollars for a staff licensing services company;
(b) three thousand dollars for a staff licensing services group;
(c) fifteen hundred dollars for a nonresident staff leasing services company. However, if the state of residency of the nonresident leasing company imposes a greater fee for licensing nonresident applicants, then the greater fee is assessed. The maximum fee to be charged is three thousand, seven hundred fifty dollars for a nonresident staff leasing services company;
(d) three thousand dollars for each nonresident staff leasing services group. However, if the state of residency of the nonresident staff leasing services group imposes a greater fee for licensing nonresident applicants, then the greater fee is assessed. The maximum fee to be charged is seven thousand, five hundred dollars for each nonresident staff leasing services group.
(B) In addition to the license fee, the department may levy a biennial assessment for each staff leasing services company and each staff leasing services group sufficient to cover all costs for regulation of the profession pursuant to this chapter and other applicable provisions of law. The biennial assessment fee is:
(1) due and payable upon initial licensure and subsequent renewals and one year before the expiration of any licensure period; and
(2) based on the gross South Carolina payroll, excluding tips and gratuities, of a staff leasing services company's or staff leasing services group's clients during the period beginning nine quarters before and ending one quarter before each assessment;
(3) calculated in accordance with the following table:
Amount of Gross Assessment Fee
South Carolina Payroll Due
less than $500,000 $500
$500,001 - $1,000,000 $750
$1,000,001 - $2,500,000 $1,000
$2,500,001 - $5,000,000 $1,250
$5,000,001 - $10,000,000 $1,750
$10,000,001 - $15,000,000 $2,250
$15,000,001 - $25,000,000 $3,000
$25,000,001 - $50,000,000 $3,750
over $50,000,000 $4,000
(C) In order to ensure compliance with the requirements of subsection (B), each licensee annually shall submit a statement of total gross South Carolina payroll, excluding tips and gratuities, along with copies of all South Carolina Unemployment Compensation tax returns for the preceding calendar year.
(D) The total licensure fee and biennial assessments during a licensure period must not exceed:
(1) eight thousand, seven hundred fifty dollars for a staff leasing services company license; or
(2) ten thousand dollars for a staff leasing services group license issued under Section 40-68-90 of this chapter.
Section 40-68-60. (A) A licensee shall establish the terms of a staff leasing services agreement by a written contract between the licensee and the client company. The licensee shall give written notice of the agreement as it affects assigned employees to each employee assigned to a client company in the manner provided in this section.
(B) A written explanation of the agreement must be provided to each assigned employee by delivering it to the employee personally. The explanation shall state, substantially, the terms of the agreement between the licensee and client company and include the same notice which is required to be posted in the client company's place of business.
(C) The client company shall post in each of its places of business in a conspicuous place that is in clear and unobstructed view of the assigned employees a notice stating, substantially, the following:
'We are operating under and subject to the Workers' Compensation Act of South Carolina. In case of accidental injury or death to an employee, the injured employee, or someone acting on his or her behalf, shall notify immediately (insert name of staff leasing company, address, and telephone number) or (name of client company, address, and telephone number). Failure to give immediate notice may be the cause of serious delay in the payment of compensation to you or your beneficiaries and may result in failure to receive any compensation benefits.'
(D) As between the client company, the staff leasing company, and the employee, the notice to or acknowledgment of the occurrence of an injury on the part of the client company or the staff leasing company is notice to or knowledge on the part of the staff leasing company and its workers' compensation insurer or the client company and its workers' compensation insurer, or both.
Section 40-68-70. (A) A contract between a licensee and a client company must provide that the licensee:
(1) reserves the right of direction and control over employees assigned to a client company.
(2) assumes responsibility for the payment of wages to the assigned employees without regard to payments by the client to the licensee;
(3) assumes responsibility for the payment of payroll taxes and collection of taxes from payroll on assigned employees;
(4) retains the right to hire, fire, discipline, and reassign the assigned employees;
(5) retains the right of direction and control over the adoption of employment and safety policies and the management of workers' compensation claims, claim filings, and related procedures on joint agreement by the client company and the licensee; and
(6) agrees that:
(a) notice to or acknowledgment of the occurrence of an injury on the part of the client company is notice to or knowledge on the part of the licensee and its workers' compensation insurer;
(b) for the purposes of Title 42, the jurisdiction of the client company is the jurisdiction of the licensee and its workers' compensation insurer;
(c) the licensee and its workers' compensation insurer is bound by and subject to the awards, judgments, or decrees rendered against them under the provisions of Title 42; and
(d) insolvency, bankruptcy, or discharge in bankruptcy of the licensee or client company does not relieve the licensee, client company, their respective workers' compensation insurers from payment of compensation for disability or death sustained by an employee during the life of a workers' compensation insurance policy; and
(7) with a client company, in the contract, shall specify whether the licensee, the client company, or both, are securing workers' compensation liability.
(B) A licensee, who secures workers' compensation insurance for a client company before the execution of the contract and on an annual basis, shall conduct a good faith investigation of the client company's business. The investigation must determine if the client company engages any nonassigned employees, including those considered employees under Title 42 in any part of the client company's trade, business, or occupation. Upon a determination that a client company's entire work force includes nonassigned employees, the contract must require the client company to secure and maintain workers' compensation insurance.
(C) Upon the failure or neglect of a client company to secure and maintain workers' compensation insurance, the licensee and its workers' compensation carrier agree and are liable to pay to a worker employed in the work of the client company compensation under Title 42 which the licensee would have been liable to pay if the worker had been employed by the licensee as provided in Section 40-68-120.
(D) A licensee's workers' compensation insurer providing coverage to a client company's assigned employees must be provided the information derived from the licensee's investigation of the client company's business.
(E) The licensee is the employer of the employees assigned to a client company. The rights and remedies granted by Title 42 to an employee when he and the licensee have accepted the provisions of Title 42 to pay and accept compensation exclude all other rights as provided in Section 42-1-540. This chapter does not affect the rights, duties, or liabilities of licensees, client companies, or employees under federal law.
Section 40-68-75. (A) An employer subject to the provisions of Title 42 who contracts with a staff leasing services company or group continues to be subject to the provisions of Title 42 and shall comply with Title 42 with regard to procuring and maintaining workers' compensation insurance for nonassigned employees. For purposes of construction, the term 'employees' in Section 42-1-360 includes both assigned and nonassigned employees.
(B) A client company who refuses or neglects to provide workers' compensation insurance coverage to its nonassigned employees must be fined one thousand dollars a day for each nonassigned employee for each day the client company refuses or neglects to provide workers' compensation insurance. In this event, the client company is liable during the continuance of the refusal or neglect to an employee either for compensation under Title 42 or in an action at law instituted by the employee or his personal representative against the client company to recover damages for personal injury or death by accident. In the action at law, the client company may not be permitted to defend upon any of the grounds mentioned in Section 42-1-510 nor shall Section 42-1-540 apply. The fine provided in this section must be assessed by the Workers' Compensation Commission in an open hearing with the right of review and appeal as in other cases.
Section 40-68-80. A group of at least two but not more than five staff leasing services companies that are majority-owned by the same entity may be licensed as a staff leasing services group. A staff leasing services group may satisfy the reporting and financial requirements of the chapter on a consolidated basis. As a condition of the issuance of a staff leasing services group license, each person that is a member of the group must guarantee payment of all financial obligations of other members of the group.
Section 40-68-90. (A) The department may issue a restricted license to a nonresident staff leasing services company or staff leasing services group for limited operation within this State under the following conditions if the:
(1) applicant's state of residence provides for licensing of staff leasing services companies, the applicant is licensed and in good standing in its state of residence, and the applicant's state of residence grants a similar privilege for restricted licensing to staff leasing services companies or staff leasing services groups that are residents in South Carolina;
(2) applicant does not maintain an office, sales force, or representatives in this State, and it does not solicit clients that are residents in this State; and
(3) applicant does not have more than forty leased employees working in this State.
(B) An applicant for a restricted license is exempt from the requirements of Section 40-68-40(C) and (F).
(C) An applicant for a nonresident or restricted license shall file, on a form approved by the department an appointment of a recognized and approved entity as its attorney to receive service of legal process issued against it in this State.
Section 40-68-100. The department shall issue a license to an applicant that meets the requirements of this chapter. The license must be issued not later than the ninetieth day after the date on which the completed application is filed with the department. A license issued by the department under this chapter is valid for two years. The department shall renew a license on receipt of a renewal application approved by the department and payment of the required renewal fees.
Section 40-68-110. (A) A licensee shall disclose to the department, each client company, and its assigned employees, information relating to any insurance or benefit plan provided for the benefit of its assigned employees. The information must include:
(1) the type of coverage;
(2) the identity of each insurer for each type of coverage;
(3) the amount of benefits provided for each type of coverage and to whom or on whose behalf benefits are to be paid;
(4) the policy limits on each insurance policy; and
(5) whether the coverage is fully insured, partially insured, or fully self-funded.
(B) The administrator by regulation may require the filing by licensees of other reports necessary to the implementation of this chapter.
Section 40-68-120. (A) A licensee may elect to obtain workers' compensation insurance coverage in the same manner as any other employer as provided below:
(1) An insurer issuing the policy must be licensed in this State to write such policies.
(2) An insurer issuing a policy of workers' compensation insurance to a licensee may not plead as a defense:
(a) that the client company is not subject to Title 42. The insurer is estopped to deny coverage;
(b) lack of an employment relationship between a person engaged in an employment as defined in Title 42 and the client company;
(c) breach of contract by the licensee or client company. The insurer is not entitled to plead as a defense to an employee's claim for benefits any defects in the performance of a contract between the licensee and client company.
(3) No policy of insurance against liability arising under Title 42 may be issued to a licensee unless it contains the agreement of the insurer that it will promptly pay to the persons entitled to them all benefits conferred by Title 42 and all installments of the compensation that may be awarded or agreed upon and that the obligation is not affected by default of the licensee or client company or by default in giving notice required by the policy or otherwise.
(4) A policy of insurance issued to a licensee is, and must be construed as, a direct promise by the insurer to the person entitled to compensation enforceable in his name.
(5) The insurer agrees that:
(a) notice to or acknowledgment of the occurrence of an injury on the part of the client company is notice to or knowledge on the part of the licensee and its workers' compensation insurer;
(b) for purposes of Title 42, the jurisdiction of the client company is the jurisdiction of the licensee and its workers' compensation insurer;
(c) the licensee and its workers' compensation insurer, in all things, are bound by and subject to the awards, judgments, or decrees rendered against them under the provisions of Title 42; and
(d) insolvency, bankruptcy, or discharge bankruptcy of the licensee or client company does not relieve the workers' compensation insurer from the payment of compensation for disability or death sustained by an employee during the life of a workers' compensation insurance policy issued to the licensee.
(6) No agreement by an employee to pay a portion of a premium paid by the licensee or client company to an insurer or to contribute to a benefit fund or department maintained by a licensee or client company for the purpose of providing insurance under Title 42 is valid, and any licensee or client company who makes a deduction for the purpose from the pay of an employee entitled to benefits under Title 42 is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars plus reimbursement to the employee of the deductions.
(7) When a person referred to as a licensee undertakes to provide assigned employees to a client company, the licensee is liable to pay a worker employed by the client company compensation under Title 42 which the licensee would have been liable to pay if the worker had been immediately employed by the licensee. When the licensee is liable to pay compensation under this section, it is entitled to indemnity from a client company who would have been liable to pay compensation to the worker independently of this section and have a cause of action therefor. This section must be construed to require that licensee's workers' compensation carrier is liable to pay compensation to the client company's entire work force with the licensee and carrier's right to indemnity from the client company.
(B) If workers' compensation coverage is obtained, that insurance must comply with the applicable provisions of the insurance laws of this State.
(C) A licensee is entitled to the same rights to obtain all types of insurance coverage, including endorsements obtained by other business entities doing business in this State.
(D) For companies who have obtained workers' compensation insurance coverage in the residual (assigned risk) market, the first three years that a client company has a contract with a licensee, the licensee shall pay workers' compensation insurance premiums based on the experience modification rate of the client company. The South Carolina Department of Insurance shall adopt regulations to implement this subsection. This subsection applies only to the residual (assigned risk) market.
(E) The licensee must categorize leased employees according to their classification within a client company.
(F) A licensee may sponsor and maintain employee benefit plans for the benefits of assigned employees. The employee benefit plans must comply with the applicable provisions of the insurance laws of this State. A client company may include assigned employees in a benefit plan sponsored by the client company. However, no licensee may sponsor and maintain a plan of self-insurance for health benefits or workers' compensation benefits after January 1, 1994.
(G) A staff leasing services company or staff leasing services group is responsible for the payment of unemployment taxes pursuant to law.
(H) Licensees, within thirty days, shall notify the South Carolina Employment Security Commission of the start and termination of the licensee's relationship with a client company.
Section 40-68-130. (A) The department by regulation shall determine the form and content of:
(1) the licenses issued under this chapter; and
(2) notices required to be posted under this section.
(B) The license issued under this chapter must be posted in a conspicuous place in the principal place of business in this State of the licensee. The licensee shall display, in a place that is in clear and unobstructed public view, a notice stating that the business operated at the location is licensed and regulated by the department and that any questions or complaints should be directed to the department.
Section 40-68-140. (A) A licensee may not conduct business under a name other than that specified in the license. A license issued under this chapter is not assignable. A licensee may not conduct business under any fictitious or assumed name without prior written authorization from the department. The department may not authorize the use of a name that is so similar to that of a public office or agency or to that of another licensee that the public may be confused or misled by its use. A licensee may not conduct business under more than one name unless it has obtained a separate license for each name.
(B) A licensee may change its licensed name at any time by notifying the department and paying a fee for each change of name. The department by regulation shall set the fee for each name change in an amount not to exceed fifty dollars. A licensee may change its name on renewal of the license without the payment of the name change fee.
(C) A licensee must notify the department in writing of:
(1) a change in the location of its primary business office;
(2) the addition of more business offices; or
(3) a change in the location of business records maintained by the licensee.
Section 40-68-150. (A) A person may not:
(1) engage in staff leasing services without holding a license under this chapter as a staff leasing services company or a staff leasing services group;
(2) use the name or title 'staff leasing services company', 'licensed staff leasing services company', 'licensed staff leasing services group', or 'staff leasing services group', or otherwise represent that it is licensed under this chapter, unless the entity holds a license issued under this chapter;
(3) represent as the person's own the license of another person or represent that a person is licensed if the person does not hold a license;
(4) give false or forged evidence to the department in connection with obtaining or renewing a license or in connection with disciplinary proceeding under this chapter: or
(5) use or attempt to use a license which has expired or been revoked.
(B) A person who wilfully and voluntarily violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than one year or fined not more than fifty thousand dollars, or both.
Section 40-68-160. (A) For the purposes of this section, 'conviction' includes a plea of guilty or nolo contendere or a finding of guilt.
Disciplinary action may be taken against a licensee by the department on any of the following grounds:
(1) the conviction of a licensee or a controlling person of a licensee of bribery, fraud, or intentional or material misrepresentation in obtaining, attempting to obtain, or renewing a license;
(2) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the operation of a staff leasing service or the ability of the licensee or a controlling person of a licensee to operate a staff leasing service;
(3) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the classification, misclassification, or under-reporting of employees under the South Carolina Workers' Compensation Act;
(4) the conviction of a licensee or a controlling person of a licensee of a crime that relates to the establishment or maintenance of a self-insurance program, whether health insurance, workers' compensation insurance, or other insurance;
(5) the conviction of a licensee or a controlling person of a licensee of a crime that relates to fraud, deceit, or misconduct in the operation of a staff leasing service;
(6) engaging in staff leasing services without a license;
(7) transferring or attempting to transfer a license issued under this chapter;
(8) violating this chapter or any order or regulation issued by the department under this chapter;
(9) failing to notify the department, in writing, of the felony conviction of a controlling person not later than the thirtieth day after the date on which that conviction is entered;
(10) failing to cooperate with an investigation, examination, or audit of the licensee's records conducted by the licensee's insurance company or its designee, as provided by the insurance contract or as authorized by law by the South Carolina Department of Insurance;
(11) failing to notify the department and the South Carolina Department of Insurance not later than the thirtieth day after the effective date of a change in ownership, principal business address, or the address of accounts and records;
(12) failing to correct a tax filing or payment deficiencies within a reasonable time as determined by the department;
(13) refusing, after reasonable notice, to meet reasonable health and safety requirements within the licensee's control and made known to the licensee by a federal or state agency;
(14) failing to correct a delinquency in the payment of the licensee's insurance premiums within a reasonable time;
(15) failing to correct a delinquency in the payment of an employee benefit plan premiums or contributions within a reasonable time; or
(16) knowingly making a material misrepresentation to an insurance company, to the department, or other governmental agency.
(B) Upon finding that a licensee has violated one or more provisions of this section, the department may:
(1) deny an application for a license;
(2) revoke, restrict, or refuse to renew a license:
(3) may impose an administrative penalty in an amount not less than one thousand dollars for each violation, but not more than fifty thousand dollars;
(4) issue a reprimand; or
(5) place the licensee on probation for the period and subject to conditions that the department specifies.
(C) On revocation of a license, the licensee immediately shall return the revoked license to the department.
(D) Disciplinary action, a denial of an application for a new or renewal license or a revocation of a license, or a determination that a controlling person is unqualified may occur subject to the Administrative Procedures Act, with notice to, and an opportunity for a hearing by, the affected applicant, licensee, or controlling person.
(E) If a license is revoked or renewal is denied, the affected licensee may request a reinstatement hearing after a minimum of one year. The department may reinstate or renew the license only if the cause of the nonrenewal or revocation has been corrected.
Section 40-68-170. All fees collected by the department under this chapter must be used to implement its provisions.
Section 40-68-180. This chapter does not exempt a client of a licensee or an assigned employee from any other license requirements imposed under local, state, or federal law. An employee who is licensed, registered, or certified under law and who is assigned to a client company is an employee of the client company for the purpose of that license, registration, or certification, but otherwise remains the employee of the licensee as provided in this chapter. Nothing in this chapter affects the South Carolina Employment Security Law (Sections 41-27-10 through 41-41-50)."
SECTION 2. This act takes effect upon approval by the Governor. However, a person is not required to hold a license under this act to provide staff leasing services until September 30, 1993. The first licensing period under this act runs from September 30, 1993 until September 30, 1995, and thereafter each biennium shall end on September 30 of every odd-numbered year./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Joint Resolution was taken up.
H. 3894 -- Reps. Cromer, A. Young, Quinn, Meacham, Fulmer, Richardson, Hallman, R. Smith, Govan, Stone, Waites, McKay, Neilson, Simrill, Jaskwhich, Houck, Davenport, J. Harris, P. Harris, Hines, Hutson, Gamble, Cato, Vaughn, Shissias, Chamblee, Wright, Keyserling, Keegan, Spearman, H. Brown, Allison, Thomas, Harrell, Riser, Byrd, Klauber, Waldrop, Stille, R. Young, Barber, Kelley, Gonzales, Holt, Delleney, Jennings, Canty and Wilkes: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5951HC.93), which was adopted.
Amend the resolution, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/SECTION 1. Article III, Section 7 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:
"No person who has been convicted of a felony punishable by imprisonment of not less than five years under federal law or the law of any state, that was a felony at the time and in the jurisdiction the offense was committed, or who has pled guilty or nolo contendere to such a felony is eligible to serve as a member of the Senate or the House of Representatives. However, notwithstanding any other provisions of this Constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time.
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article III, Section 7 of the Constitution of this State relating to qualifications of members of the State Senate and House of Representatives be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law punishable by imprisonment for not less than five years, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time, is served?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
SECTION 3. Article VI, Section 1 of the Constitution of South Carolina, 1895, is amended by adding a paragraph at the end to read:
"In addition to the requirements provided in the preceding paragraph, no person may be popularly elected to an office in this State or its political subdivisions who has been convicted of a felony punishable by imprisonment of not less than five years under federal law or the law of any state that was a felony at the time and in the jurisdiction the offense was committed, or who has pled guilty or nolo contendere to such a felony. However, notwithstanding any other provisions of this constitution, this paragraph does not apply to a person who has been pardoned under state or federal law of the disqualifying felony or to a person who files for public office ten years or more after the completion date of service of the sentence, including probation and parole time."
SECTION 4. The proposed amendment must be submitted to the qualified electors at the next general election. Ballots must be provided at the various voting precincts with the following words printed or written on the ballots:
"Must Article VI, Section 1 of the Constitution of this State relating to the eligibility for office of any person popularly elected to any office of this State or the political subdivisions of this State be amended so as to provide that no person is eligible for these offices who has been convicted of a felony under state or federal law punishable by imprisonment for not less than five years, including a plea of guilty or nolo contendere to these offenses and to provide that this limitation on eligibility does not apply to a person pardoned for the offense or who files for office ten years or more from the date the sentence, including probation and parole time, is served?
Yes _
No _
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."/
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was adopted.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Allison Bailey, G. Bailey, J. Baker Barber Baxley Beatty Boan Brown, G. Brown, H. Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Elliott Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Houck Huff Hutson Inabinett Jaskwhich Jennings Keegan Kelley Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Mattos McAbee McCraw McMahand McTeer Meacham Moody-Lawrence Neilson Rhoad Richardson Riser Robinson Rogers Rudnick Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Walker Wells White Wilder, D. Wilder, J. Wilkes Witherspoon Wofford Worley Wright
Those who voted in the negative are:
So, the Joint Resolution, having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bill was taken up.
H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.
Rep. CORNING proposed the following Amendment No. 2, which was tabled.
Amend the bill, as and if amended, by adding Section 1-1-645 and amending it to read as follows:
1-1-645
(1) The "palmetto bug", American cockroach, is the official insect of the State.
Rep. CORNING explained the amendment.
Rep. WELLS moved to table the amendment, which was agreed to.
Rep. DAVENPORT moved to adjourn debate upon the Bill.
Rep. RUDNICK moved to table the motion, which was agreed to by a division vote of 42 to 15.
Reps. CORNING, GONZALES and KELLEY objected to the Bill.
The following Bill was taken up.
H. 4185 -- Reps. Farr, P. Harris, Carnell, Quinn, Neilson, Stone, Mattos, Koon, Littlejohn, McCraw, Phillips, Delleney, Riser and D. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 6, TITLE 44 AND SECTION 62-5-450 SO AS TO PROVIDE FOR COURT-APPROVED TRUSTS AND THEIR REQUIREMENTS IN ORDER FOR A TRUST BENEFICIARY TO QUALIFY FOR MEDICAID FOR NURSING HOME CARE; AND TO AMEND SECTION 62-5-420, RELATING TO CONSERVATORS, SO AS TO PROVIDE THAT THE ESTABLISHMENT OF A COURT-APPROVED TRUST MEETING CERTAIN CRITERIA IS NOT A TRANSFER OR ALIENATION OF PROPERTY.
Rep. FARR proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11490AC.93), which was adopted.
Amend the bill, as and if amended, by striking the Whereas clauses before the enacting words and inserting:
/Whereas, the State makes significant expenditures for nursing home care under the South Carolina Medicaid program; and
Whereas, a large number of persons do not have enough income to afford nursing home care but have too much income to qualify for Medicaid; and
Whereas, if the State exercises its authority under federal law to waive requirements concerning Medicaid qualifying trusts in cases of undue hardship, these persons may become qualified for Medicaid; and
Whereas, it is therefore appropriate to enact state laws which authorize and limit these trusts in a manner that is consistent with Title XIX of the Federal "Social Security Act", 42 U.S.C. Section 1396 et seq. and which provide that persons who, through an undue hardship waiver, qualify for assistance as a result of the creation of these trusts must be treated the same as any other recipient of Medicaid for nursing home care; and
Whereas, in addressing this matter, the General Assembly intends only to authorize and limit the treatment of certain trusts and transfers of resources for the purposes of Medicaid eligibility. It is not the General Assembly's intent to approve or disapprove of privately created trusts or private transfers of property made under the same or similar circumstances. Now, therefore,/.
Amend further by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 44-6-710. If an applicant for Medicaid for nursing home care would be ineligible because a trust established for the applicant was deemed a Medicaid qualifying trust or resources in the trust were deemed an improper transfer of resources, the person's application must be treated as a case of undue hardship under federal law if all of the criteria in Section 44-6-720 are met. For the purposes of this section, 'Medicaid qualifying trust' has the same meaning as set forth in 42 U.S.C. Section 1396a(k).
Section 44-6-720. (A) To be considered for a waiver due to undue hardship, the applicant must meet all other applicable eligibility criteria for assistance. If the federal "transfer of resources" rule set forth in 42 U.S.C. Section 1396p(c), as amended, applies to the applicant, then no undue hardship waiver may be granted until the period of ineligibility has expired. For the purposes of this subsection, the maximum length of ineligibility is extended to sixty months from the date of any improper transfer.
(B) The trust established for the applicant must meet the following criteria:
(1) the applicant's monthly gross income from all sources, without reference to the trust, exceeds the income eligibility standard for Medicaid then in effect but is less than the average private pay rate for nursing home care for the State;
(2) the property used to fund the trust is limited to monthly unearned income owned by the applicant, including any pension payment;
(3) the applicant and the state Medicaid program are the sole beneficiaries of the trust;
(4) the entire income and corpus of the trust, or as much as may be distributed each month without violating federal requirements for federal financial participation, must be distributed each month for expenses related to the applicant's nursing home care that are approved under the Medicaid program, except that:
(a) an amount reasonably necessary to maintain the existence of the trust, as approved by the Medicaid program, may be retained in the trust; and
(b) deductions may be distributed from the trust to the same extent deductions from the income of a nursing home resident who is not a trust beneficiary are allowed under the Medicaid program, which shall include:
(i) monthly personal needs allowance;
(ii) payments to the beneficiary's community spouse or dependent family members as provided and in accordance with state and federal law;
(iii) specified health insurance costs and special medical services provided under Title XIX of the federal 'Social Security Act', 42 U.S.C. Section 1396a(r), as amended; and
(iv) other deductions provided in regulations of the State Health and Human Services Finance Commission;
(5) upon the death of the beneficiary, a remainder interest in the corpus of the trust passes to the State Health and Human Services Finance Commission. The commission shall remit the state share of the trust to the general fund; and
(6) the trust is not subject to modification by the beneficiary or the trustee without the approval of the state Medicaid program.
Section 44-6-730. The State Health and Human Services Finance Commission shall promulgate regulations as are necessary for the implementation of this article and as are necessary to comply with federal law. In addition, the commission shall amend the state Medicaid plan in a manner that is consistent with this article."
SECTION 2. Section 62-5-420 of the 1976 Code is amended to read:
"Section 62-5-420. The appointment of a conservator vests in him title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys in fact. The Neither the appointment of a conservator nor the establishment of a trust in accordance with Title 44, Chapter 6, Article 6, is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will, or trust instrument, imposing restrictions upon or penalties for transfer or alienation by the protected person of his rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator."
SECTION 3. This act does not apply if federal funds are not available for persons who would qualify for Medicaid as a result of a trust that meets the criteria set forth in Section 44-6-720.
SECTION 4. This act takes effect July 1, 1993, and applies to a trust established for or transfer of resources made by or for a person applying for or receiving Medicaid for nursing home care pursuant to state and federal law after June 30, 1993; except that a trust created before July 1, 1993, which does not comply with this act may be modified to comply with this act no later than January 1, 1994./
Amend title to read:
TO AMEND THE 1976 CODE BY ADDING ARTICLE 6 TO CHAPTER 6, TITLE 44 SO AS TO PROVIDE FOR TRUSTS and THEIR REQUIREMENTS IN ORDER FOR A TRUST BENEFICIARY TO QUALIFY FOR MEDICAID FOR NURSING HOME CARE; and TO AMEND SECTION 62-5-420, RELATING TO CONSERVATORS, SO AS TO PROVIDE THAT THE ESTABLISHMENT OF A TRUST MEETING CERTAIN CRITERIA IS NOT A TRANSFER OR ALIENATION OF PROPERTY./
Rep. FARR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4187 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO LICENSES; REVOCATION AND SUSPENSION, RENEWAL; AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1637, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4199 -- Rep. Boan: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD RELATING TO STATE EMPLOYEE GRIEVANCE COMMITTEE PROCEDURES AND STATE PERSONNEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1586, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 340 -- Senator Bryan: A BILL TO AMEND SECTION 62-5-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSIONER OF MENTAL HEALTH ACTING AS THE CONSERVATOR FOR A PATIENT IN A STATE FACILITY AND RECEIVING FUNDS ON BEHALF OF AND FOR THE USE OF SUCH A PATIENT, SO AS TO DELETE THE PROVISION REQUIRING A BALANCE LEFT BY A DECEASED PATIENT TO BE RETURNED TO THE JUDGE OF PROBATE IN THE PATIENT'S COUNTY FOR DISTRIBUTION.
S. 341 -- Senator Bryan: A BILL TO AMEND SECTION 44-24-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COURT'S REVIEW AND DISPOSITION OF A CHILD ADMITTED AS AN INPATIENT TO THE DEPARTMENT OF MENTAL HEALTH, SO AS TO PROVIDE THAT THE COURT MAY FIND A CHILD WAS ADMITTED INVOLUNTARILY BUT THAT THE ADMISSION WAS NECESSARY AND TO PROVIDE REQUIREMENTS WHEN THIS IS THE FINDING.
S. 545 -- Senator Saleeby: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL LIFE INSURANCE AND THE PROVISIONS THAT A LIFE INSURANCE POLICY FOR THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS IS NOT SUBJECT TO CLAIMS OF THE INSURED'S CREDITORS, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND TO PROVIDE, AMONG OTHER THINGS, THAT PROCEEDS AND CASH SURRENDER VALUES OF LIFE INSURANCE PAYABLE TO A BENEFICIARY OTHER THAN THE INSURED'S ESTATE IN WHICH SUCH PROCEEDS AND CASH SURRENDER VALUES ARE EXPRESSED TO BE FOR THE PRIMARY BENEFIT OF THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS ARE EXEMPT FROM CREDITORS WHETHER OR NOT THE RIGHT TO CHANGE THE BENEFICIARY IS RESERVED AND WHETHER OR NOT THE POLICY IS PAYABLE TO THE INSURED IF THE BENEFICIARY DIES FIRST EXCEPT UNDER CERTAIN CONDITIONS, AND THAT BENEFITS OF ACCIDENT AND DISABILITY CONTRACTS ARE EXEMPT FROM CLAIMS OF THE CREDITORS OF THE INSURED.
Rep. NEILSON explained the Bill.
S. 661 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 41-35-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT SECURITY AND ELIGIBILITY FOR EXTENDED BENEFITS, SO AS TO PROVIDE THAT AN INDIVIDUAL IS NOT ELIGIBLE TO RECEIVE EXTENDED BENEFITS WITH RESPECT TO ANY WEEK OF UNEMPLOYMENT IN HIS ELIGIBILITY PERIOD IF THE INDIVIDUAL HAS BEEN DISQUALIFIED FOR REGULAR OR EXTENDED BENEFITS BECAUSE HE OR SHE WAS DISCHARGED FOR "CAUSE", RATHER THAN FOR "MISCONDUCT"; AND TO PROVIDE FOR THE SUSPENSION OF CERTAIN PROVISIONS OF SECTION 41-35-420 FOR WEEKS OF UNEMPLOYMENT BEGINNING AFTER MARCH 6, 1993, AND BEFORE JANUARY 1, 1995.
The following Bill was taken up.
S. 537 -- Senators Stilwell, J. Verne Smith, Thomas and Leatherman: A BILL TO AMEND CHAPTER 58, TITLE 40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION OF MORTGAGE LOAN BROKERS, SO AS TO PROVIDE ADDITIONAL DEFINITIONS AND RESTRICTIONS ON THE REGISTRATION OF MORTGAGE LOAN BROKERS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-58-55 SO AS TO PROVIDE GROUNDS FOR REFUSAL TO REGISTER AN APPLICANT; 40-58-65 SO AS TO REQUIRE RECORDKEEPING AND PROVIDE FOR INSPECTION OF THOSE RECORDS; AND 40-58-75 SO AS TO PROVIDE FOR DISCLOSURE STATEMENTS TO LOAN APPLICANTS, TO INCREASE THE BOND REQUIRED FOR APPLICANTS, TO INCREASE REGISTRATION FEES, AND TO PROVIDE FOR ADMINISTRATIVE FINES.
Reps. T.C. ALEXANDER and WHIPPER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4760AL.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 58, Title 40 of the 1976 Code is amended to read:
Section 40-58-10. (A) This chapter may be cited as the Registration Requirements Act of Certain Loan Brokers of Mortgages and deeds of trust on Residential Real Property.
(B) No person, partnership, corporation, banking organization, or other organization, shall broker a residential mortgage loan as defined in this chapter unless either (1) the broker of the mortgage loan:
(1) is an exempt person or organization as defined by Section 40-58-20(5); or
(2) has complied with the provisions of this chapter.
Section 40-58-20. As used in this chapter:
(1) 'Mortgage loan' means a loan to a natural person made primarily for personal, family, or household use primarily secured by either a mortgage or a deed of trust on residential real property;.
(2) 'Residential real property' means real property located in this State upon which there is located or there is to be located one or more single family, owner-occupied dwellings or dwelling units;.
(3) 'Mortgage loan broker' means a person or organization in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others;. Mortgage loan broker also includes a person or organization who brings borrowers or lenders together to obtain mortgage loans or renders a settlement service as described in 24 CFR Part 3500.2(a)(16)(ii).
(4) 'Soliciting, processing, placing, or negotiating a mortgage loan' means for compensation or gain, either directly or indirectly, accepting or offering to accept an application for a mortgage loan, assisting or offering to assist in the processing of an application for a mortgage loan, soliciting or offering to solicit a mortgage loan on behalf of a third party, or negotiating or offering to negotiate the terms or conditions of a mortgage loan with a lender on behalf of a third party;.
(5) 'Exempt person or organization' means:
(a) a bank, bank holding company, credit union, savings and loan association, savings and loan association holding company, their affiliates and subsidiaries, a supervised licensed lender under Title 37 and a restricted lender under Title 34 and their affiliates and subsidiaries, a Department of Housing and Urban Development or Federal Housing Administration approved mortgagee authorized, chartered, licensed, or approved under the laws of this State or of the United States or an instrumentality of them;
(b) an attorney at law licensed to practice law in South Carolina who is not engaged principally in negotiating mortgage loans when the attorney renders services in the course of his practice as an attorney at law;
(c) a person employed by an organization defined in subitem (a) of this item;
(d) title company which is qualified to issue title insurance, directly or through its agents.
(6) 'Registrant' means a person or organization who is registered pursuant to Section 40-58-50 which engages in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others;.
(7) 'Administrator' means the Administrator of the Department of Consumer Affairs of this State.
(8) 'RESPA' means the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq., as amended.
(9) 'Recasting' means a promise for an individual to recoup a home sold to a third party with the intent of the original seller to rent back the property for a specific time at which the original seller will have the option to purchase the property back at a specific price. The specific period of time would normally be one year.
(10) 'HUD' means the Department of Housing and Urban Development.
(11) 'Department' means the South Carolina Department of Consumer Affairs.
Section 40-58-30. (A) No mortgage loan broker, as defined in Section 40-58-20(3), may engage in the business of processing, placing, or negotiating a mortgage loan or offering to process, place, or negotiate a mortgage loan in this State without first being registered with the administrator.
(B) Notwithstanding subsection (A) of this section, the provisions of this chapter do not apply to an exempt person or organization as defined in Section 40-58-20(5).
Section 40-58-40. No person or organization may offer or agree to offer loan brokerage services in this State without first depositing and continuously maintaining the amount of five ten thousand dollars in cash or securities approved by the administrator or a bond in the amount of five ten thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any consumers who may have a cause of action against the loan broker.
Section 40-58-50. (A) An application to become registered as a mortgage loan broker must be in writing, under oath, and in a form prescribed by the administrator department. The application must contain the name and complete business and residential address or addresses of the applicant or, if the applicant is a partnership, association, corporation, or other form of business organization, the names and complete business and residential addresses of each member, director, and principal officer and a list of all employees who shall engage in direct loan brokerage activity. (B) The application must include an affirmation of financial solvency noting capitalization bonding requirements required by the administrator department and the descriptions of the business activities, financial responsibility, educational background, and general character and fitness of the applicant as required by the administrator this chapter. The application must be accompanied by a fee, payable to the administrator department, of five hundred dollars.
Section 40-58-55. The department may refuse to register an applicant or refuse to renew a registration if it finds, after notice and a hearing pursuant to the Administrative Procedures Act, that the applicant or his agent has:
(1) violated a provision of this chapter or an order of the department;
(2) withheld material information in connection with an application for registration or its renewal, or made a material misstatement in connection with the application;
(3) been convicted of a felony or of an offense involving breach of trust, moral turpitude, fraud, or dishonest dealing within the past five years.
Section 40-58-60. (A) Upon the filing of an application for registration, if the administrator department finds that the financial responsibility, experience, character, and general fitness of the applicant, and of the members if the applicant is a copartnership or association, and of the officers and directors if the applicant is a corporation, are such as to command the confidence of the community and to warrant belief that the business may be operated honestly, fairly, and efficiently according to the purposes of this chapter, he it shall register the applicant as a mortgage loan broker and issue and deliver a certificate of registration. If the administrator department does not so find, he it shall refuse to register the applicant and shall notify him of the denial.
(B) Upon the receipt of the certificate, a mortgage loan broker is authorized to engage in the business for which the registration certificate was issued.
(C) Each certificate issued to a registrant must state the address or addresses at which the business is to be conducted and must state fully the name of the registrant and the date of the registration. A copy of the certificate must be posted prominently in each place of business of the registrant. The certificate is not transferable or assignable.
Section 40-58-65. (A) A person registered pursuant to this chapter must maintain at his usual place of business books, records, and documents pertaining to the business conducted, to enable the department to determine compliance with this chapter. A registrant with two or more registered offices may consolidate the records at any one of the registered offices. The records must be available for examination to the administrator or his designee upon request. Books and records must be maintained for at least three years.
A mortgage broker doing business in this State shall maintain a sufficient physical presence in this State and his records must be maintained at the registered location in this State. At a minimum, the broker shall maintain an official place of business, staffed by one or more employees who have the authority to contract on behalf of the broker and to accept service on behalf of the broker.
(B) The department, at its discretion, may examine the books and records of a registrant and other specified documents to determine whether there has been substantial compliance with this chapter. Unless there is reason to believe a violation of this chapter has occurred, examinations must be limited to one each year. Records and information obtained by the department during an examination are confidential and the department must certify that it is in compliance with the Right to Financial Privacy Act (RFPA).
Section 40-58-70. Mortgage loan brokers may not:
(1) misrepresent the material facts or make false promises likely to influence, persuade, or induce an applicant for a mortgage loan or a mortgagor to take a mortgage loan, to include. This includes presenting the broker in the guise of a lender or pursuing a course of misrepresentation through agents or otherwise;
(2) intentionally misrepresent or conceal a material factor, term, or condition of a transaction to which he is a party, pertinent to an applicant for a mortgage loan or a mortgagor;
(3) engage in a transaction, practice, or course of business which is unconscionable in light of the regular practices of a mortgage loan broker, or which operates a fraud upon a person, in connection with the making of or purchase or sale of a mortgage loan;
(4) fail to use due diligence and make reasonable efforts to procure a loan on behalf of a borrower;
(5) fail to escrow a fee which is paid by the borrower before procuring a loan in an interest-bearing account of a supervised financial organization in this State collect any third party fees before a conditional loan commitment is obtained by the mortgage broker with the exception of normal processing expenses associated with the making of mortgage loans as authorized or allowed by FNMA, FHLMC, FHA, VA, or any additional fees authorized or allowed by the department;
(6) fail to refund promptly to the borrower an escrowed amount with interest if a loan is not procured as set forth in item (7); engage in recasting unless the applicant obtains the advice and counsel of a licensed attorney who is independent to the transaction. No party to a transaction, other than the consumer, may recommend, retain, or influence the selection of independent counsel. An applicant for recasting shall provide to the broker a document identifying the applicant, provide a brief summary of the proposed transaction, and a written statement from an attorney certifying that the applicant has been advised of the potential consequences of recasting.
(7) retain a fee paid by a borrower to the loan broker when a loan is not procured within the time specified by the loan broker at the rate, term, and overall cost agreed to by the loan broker and the borrower, regardless of an express written agreement to the contrary. This item does not apply if the failure to procure a loan is due solely to the borrower's negligence or outright refusal to provide information specifically required by the lender.
Section 40-58-75. (A) Within three business days of the receipt of an application for a loan, the broker must disclose in a statement the total estimated charges to the borrower for the loan and an itemization of the charges provided if required under RESPA. The disclosure is considered delivered when deposited with United States Postal Service for first class delivery.
(B) No person may earn a mortgage broker's fee unless the person meets the requirements of this chapter, is authorized to conduct mortgage brokerage services by this chapter, or is exempt from the requirements of this chapter.
(C) All fees earned for services rendered as a mortgage broker must be disclosed to the applicant by the mortgage broker as required by RESPA.
Section 40-58-80. (A) Upon the finding that an action of a mortgage loan broker may be in violation of this chapter, or of a law or regulation of this State or of the federal government or an agency of them, the administrator department, after reasonable notice to the mortgage loan broker and an opportunity for the mortgage loan broker to be heard, shall order it to cease and desist from the action.
(B) If the mortgage loan broker fails to appeal the cease and desist order of the administrator department in accordance with Section 40-58-90 and continues to engage in the action in violation of the administrator's department's order, he is subject to a penalty of not less than one thousand nor more than two thousand five hundred dollars, in the discretion of the administrator department, for each action he takes in violation of the administrator's department's order. The penalty provision of this section is in addition to and not in lieu instead of any other provision provisions of law applicable to a mortgage loan broker for the mortgage loan broker's failure to comply with an order of the administrator department.
(C) The administrator department, upon the finding that a mortgage loan broker has engaged intentionally or repeatedly in a course of conduct in violation of this chapter, may revoke the registration of the mortgage loan broker temporarily or permanently in his its discretion after reasonable notice to the broker and an opportunity for the broker to be heard, and may increase the required bond up to a maximum of twenty-five thousand dollars to ensure that the public is protected adequately. The department also may impose upon persons violating the provisions of this chapter administrative fines of not more than five hundred dollars for each offense or not more than five thousand dollars for the same set of transactions or occurrences. Each violation constitutes a separate offense. The administrator department, if he it determines that the required bond must be increased, shall state in writing the reasons for the increase and immediately serve it upon the mortgage loan broker. The mortgage loan broker shall provide the new bond within thirty days or the administrator permanently department shall revoke the registration of the mortgage loan broker.
(D) A person who violates a provision of this chapter is guilty of a misdemeanor, and upon conviction, must be fined not more than five hundred dollars or imprisoned not more than six months, or both.
(E) Nothing in this chapter limits a statutory or common law right of a person to bring an action in a court for an act or the right of the State to punish a person for a violation of a law.
Section 40-58-90. An aggrieved party, within thirty days after the final decision of the administrator department and by written notice to the administrator department, may appeal to the circuit court of the county where the appellant resides as provided by Article 3, Chapter 23 of Title 1, the State Administrative Procedures Act.
Section 40-58-100. The administrator department may promulgate reasonable regulations necessary to effectuate the purposes of this chapter.
Section 40-58-110. (A) In addition to the initial application for registration fee of five hundred dollars required by Section 40-58-50, first time registrants also shall pay a one-time, nonrefundable processing fee of two hundred dollars. Thereafter, a registrant shall pay an annual renewal fee of five hundred dollars.
(B) The term of each registration is one year. Registrations issued under this chapter expire on September 30 each year, and must be renewed in accordance with the provisions of this section.
(C) Failure to renew a registration within thirty days of its expiration results in the registration being canceled by the department. A registration may be renewed after the thirty-day grace period provided the renewal is accompanied by a late penalty of two hundred fifty dollars in addition to the five hundred dollars registration renewal fee. All renewable applications must contain information required by the department. All fees collected by the department pursuant to this chapter must be used to implement the provisions of this chapter."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3045 -- Rep. T.C. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-9-175, SO AS TO AUTHORIZE THE GOVERNING BODY OF A COUNTY TO PAY PER DIEM IN AN AMOUNT IT CONSIDERS NECESSARY TO, INCLUDING, BUT NOT LIMITED TO, A MEMBER OF A COUNTY BOARD OF ASSESSMENT APPEALS WHEN THE MEMBER TRAVELS OUTSIDE OF THE COUNTY AND INCURS EXPENSES RELATED TO HIS DUTIES WHILE SERVING ON THE BOARD.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30151DW.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 4-9-175. The governing body of a county may pay per diem, travel, or any other expenses, in an amount it considers necessary, to any member of a county board or commission when the member travels outside of the county and incurs expenses relating to his duties while serving on the board."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3684 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-781 SO AS TO PROVIDE THAT CERTAIN INFORMATION CONTAINED IN OFFICIAL JUVENILE RECORDS MAY BE RELEASED TO SCHOOL OFFICIALS, AND TO PROVIDE PROCEDURES FOR REQUESTS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4723AL.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-3300 of the 1976 Code, as last amended by Act 448 of 1990, is further amended to read:
"Section 20-7-3300. Records and information of the department pertaining to juveniles shall be are confidential as provided in Section 20-7-780; provided, however, that. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the board must establish policies by which the department may transmit such information and records to another department, agency, or school district of state or local government, or private institution or facility licensed by the State as a child serving organization, where such the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records and information provided to a public or private school by the Department of Youth Services must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60 and committed to the Department of Youth Services, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for information must be in writing from the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Youth Services for such an office, the person's juvenile criminal record must be provided by the Department of Youth Services to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Youth Services. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed considered necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."
SECTION 2. Section 59-63-217(A) of the 1976 Code, as added by Act 506 of 1992, is amended to read:
"(A) In determining whether or not a student meets the standards of conduct and behavior promulgated by the board of trustees as necessary for first time enrollment and attendance in a school in the district, the board shall consider nonschool records, the student's disciplinary records in any school in which the student was previously enrolled as these records relate to the adjudication of delinquency in any jurisdiction, within or without this State, of violations or activities which constitute violent crimes under Section 16-1-60, adjudications for assault and battery or a high and aggravated nature, or which involve the unlawful use or possession of weapons, or the unlawful sale of drugs whether or not deemed considered to be drug trafficking. Based on this consideration of the student's record, the board may bar his enrollment in the schools of the district."/
SECTION 3. This act takes effect upon approval by the Governor.
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3959 -- Reps. Baxley, Allison, J. Brown, Cobb-Hunter, Corning, Davenport, Gamble, Harvin, Harwell, Hines, Jaskwhich, Keegan, Keyserling, Neal, Phillips, Scott, Sharpe, Shissias, R. Smith, D. Smith, Snow, Thomas, Waites, Wells, Whipper, D. Wilder, J. Wilder, Stuart, Meacham, Canty, Rudnick, Kelley, A. Young, Witherspoon, Byrd, Simrill, Fulmer, Hallman, Riser, Rogers and Neilson: A BILL TO AMEND SECTION 24-21-950, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUIDELINES FOR PARDON, SO AS TO PROVIDE THAT AN INMATE MAY BE CONSIDERED FOR PARDON BEFORE PAROLE ELIGIBILITY UPON EVIDENCE OF A HISTORY OF DOMESTIC VIOLENCE AT THE HANDS OF THE VICTIM WHICH CONTRIBUTED TO THE COMMISSION OF THE OFFENSE BY THE INMATE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4711AL.93), which was adopted.
Amend the bill, as and if amended, item (4) of Section 24-21-950, SECTION 1, page 2, line 3, by striking /he/ and inserting /he the inmate/.
When amended item (4) reads:
/(4) An inmate shall be is considered for pardon prior to before the parole eligibility date only when he the inmate can produce evidence comprising the most extraordinary circumstances./
Amend title to conform.
Rep. HARRISON explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4050 -- Rep. Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-85 SO AS TO PROVIDE LICENSING REQUIREMENTS FOR AN AUCTION FIRM; BY ADDING SECTION 40-6-155 SO AS TO PROVIDE TRUST AND ESCROW ACCOUNT REQUIREMENTS FOR AUCTIONEERS; BY ADDING SECTION 40-6-175 SO AS TO AUTHORIZE THE SOUTH CAROLINA AUCTIONEERS' COMMISSION TO ASSESS FINES FOR VIOLATIONS; BY AMENDING SECTION 40-6-10, AS AMENDED, RELATING TO DEFINITIONS, SO AS TO REVISE AND ADD CERTAIN DEFINITIONS; BY AMENDING SECTION 40-6-20, AS AMENDED, RELATING TO AUCTIONS WHICH ARE NOT SUBJECT TO THE AUTHORITY OF THE SOUTH CAROLINA AUCTIONEERS' COMMISSION, SO AS TO EXEMPT AUCTIONS FOR MOTOR VEHICLES AND TO PROVIDE EXCEPTIONS TO THE EXEMPTIONS; BY AMENDING SECTION 40-6-50 AND SECTION 40-6-60, AS AMENDED, RELATING TO REQUIREMENTS TO BE LICENSED, SO AS TO INCLUDE APPRENTICE AUCTIONEERS AND AUCTION FIRMS AND TO REQUIRE PAYING CERTAIN FEES AND PROVIDING CRIMINAL HISTORY AND CREDIT RECORDS; BY AMENDING SECTIONS 40-6-70 AND 40-6-80, BOTH AS AMENDED, RELATING TO APPRENTICE AUCTIONEER AND AUCTIONEER LICENSE REQUIREMENTS, SO AS TO REQUIRE THAT THE LICENSING EXAMINATION MUST BE WRITTEN; BY AMENDING SECTION 40-6-90, RELATING TO RENEWAL OF LICENSES, SO AS TO PROVIDE FOR DATE OF ISSUANCE AND CONTINUING EDUCATION REQUIREMENTS; BY AMENDING SECTION 40-6-130, AS AMENDED, RELATING TO RECIPROCAL LICENSING, SO AS TO PROVIDE THAT A RECIPROCAL LICENSE MAY BE ISSUED IF THE APPLICANT'S RESIDENT STATE PROVIDES RECIPROCITY TO SOUTH CAROLINA RESIDENTS; BY AMENDING SECTION 40-6-150, RELATING TO WRITTEN AGREEMENTS TO CONDUCT AUCTIONS AND RECORDS OF SALES, SO AS TO REQUIRE THAT THESE AGREEMENTS AND RECORDS MUST BE MADE AVAILABLE TO THE COMMISSION ON REQUEST; BY AMENDING SECTION 40-6-160, AS AMENDED, RELATING TO GROUNDS FOR DENIAL, SUSPENSION, AND REVOCATION OF LICENSES, SO AS TO PROVIDE PROCEDURES FOR INVESTIGATIONS, TO ADD VIOLATIONS FOR MAKING FALSE STATEMENTS ON APPLICATIONS AND IN INVESTIGATIONS, FOR COMMINGLING FUNDS, FOR FAILING TO PAY FINES, FOR FAILING TO DISCLOSE REQUIRED INFORMATION, AND FOR LACK OF FINANCIAL RESPONSIBILITY, TO AUTHORIZE THE COMMISSION ALSO TO ISSUE ORDERS FOR COMPLIANCE AND TO PLACE A LICENSEE ON PROBATION; BY AMENDING SECTION 40-6-180, AS AMENDED, RELATING TO NOTICE AND HEARING REQUIREMENTS, SO AS TO REVISE THESE REQUIREMENTS; BY AMENDING SECTION 40-6-200, RELATING TO THE AUCTIONEER RECOVERY FUND, SO AS TO PROVIDE THAT NEW LICENSEES MUST CONTRIBUTE TO THE FUND AND TO PROVIDE HOW EXCESS FUNDS MAY BE EXPENDED; BY AMENDING SECTION 40-6-220, RELATING TO CLAIMS UNDER THE FUND, SO AS TO PROVIDE THAT A PERSON'S LICENSE MAY BE SUSPENDED OR REVOKED AFTER PAYMENT OF A CLAIM FILED AGAINST THE PERSON; AND BY PROVIDING THAT CONTINUING EDUCATION REQUIREMENTS TAKE EFFECT JUNE 30, 1995.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11440AC.93), which was adopted.
Amend the bill, as and if amended, Section 40-6-155(B), page 3, line 43, by inserting after /representative/ /, unless the licensee has provided certification to the commission that funds are paid within three business days/ so that when amended subsection (B) shall read:
/(B) Upon issuance or renewal of a license, the licensee must provide the commission with the name of the bank and the account number of the trust or escrow account in which the funds of others are maintained and authorization permitting the examination of the account by the commission or its authorized representative, unless the licensee has provided certification to the commission that funds are paid within three business days. A licensee must notify the commission by certified mail, return receipt requested, of a change of bank, account number, or location of the trust or escrow account and, at that time, shall complete the required authorization permitting examination of the account by the commission or its authorized representative./
Amend title to conform.
Rep. WHIPPER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 355 -- Senators Martin, Giese and J. Verne Smith: A BILL TO AMEND SECTION 41-15-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT WHEN AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE OCCURS WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR, THE EMPLOYER SHALL PREVENT THE DESTRUCTION, ALTERATION, OR REMOVAL OF ANY ITEMS, DOCUMENTS, OR EQUIPMENT FROM THE WORKSITE UNLESS THE PRIOR APPROVAL OF THE COMMISSIONER OF LABOR OR HIS DESIGNATED REPRESENTATIVE HAS BEEN OBTAINED; TO AMEND SECTION 41-15-280 OF THE 1976 CODE, SO AS TO PROVIDE AN EXCEPTION TO THE PROHIBITION THAT A CITATION MAY NOT BE ISSUED UNDER THIS SECTION AFTER THE EXPIRATION OF SIX MONTHS FOLLOWING THE OCCURRENCE OF ANY VIOLATION BY PROVIDING THAT A CITATION MAY BE ISSUED NO MORE THAN ONE YEAR FOLLOWING THE OCCURRENCE OF A VIOLATION WHICH IS DISCOVERED DURING THE INVESTIGATION OF AN INDUSTRIAL ACCIDENT OR CATASTROPHIC RELEASE WHICH MUST BE REPORTED TO THE COMMISSIONER OF LABOR; AND TO AMEND SECTION 42-19-40 OF THE 1976 CODE, SO AS TO PROVIDE THAT SUCH RECORDS OF THE COMMISSION, WHICH ARE NOT OPEN TO THE PUBLIC, INSOFAR AS THEY REFER TO ACCIDENTS, INJURIES, AND SETTLEMENTS, MAY BE INSPECTED BY OTHER STATE AGENCIES SATISFYING THE COMMISSION OF THEIR INTEREST IN SUCH RECORDS AND OF THE RIGHT TO INSPECT THEM.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10583JM.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 42-3-195. The commission shall cooperate with and provide information and statistics to the South Carolina Commissioner of Labor, which the Commissioner of Labor and his designees may use solely for the following limited purposes:
(1) scheduling inspections pursuant to Section 41-15-260 for compliance with occupational safety and health rules and regulations;
(2) statistical evaluation of hazards.
The information and statistics provided pursuant to this section are confidential and exempt from disclosure pursuant to the Freedom of Information Act, except that the Commissioner of Labor may reveal to the federal Occupational Safety and Health Administration, on a confidential basis, the results of statistical evaluations of hazards as long as no identifying information is revealed.
Upon trial of any action other than a workers' compensation claim, such information shall not be placed in evidence or be permitted to be argued to any court, jury, or other adjudicatory body."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
Rep. M.O. ALEXANDER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 707 -- Senators Leatherman, Land, Macaulay, Thomas, Leventis, Gregory and Short: A BILL TO AMEND SECTION 39-5-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MERCHANDISING UNFAIR TRADE PRACTICES AND EXEMPTIONS, AND SECTION 39-3-150, RELATING TO THE PROVISION OF LAW THAT SALES AT LESS THAN COST FOR THE PURPOSE OF INJURING COMPETITORS IS A CONSPIRACY TO FORM A MONOPOLY, SO AS TO PROVIDE THAT ANY WHOLESALE OR RETAIL SALE OF MOTOR FUEL AT A LEVEL BELOW THE ACTUAL COST OF ACQUIRING THE PRODUCT, WHICH IS PERMITTED TO MEET COMPETITION, SHALL REQUIRE CERTAIN DOCUMENTATION OF THE COMPETITION'S PRICING; TO FURTHER AMEND SECTION 39-3-150 SO AS TO PROVIDE THAT EXCEPT TO MEET COMPETITION, NO PERSON MAY SELL ANY GRADE OF MOTOR FUEL AT A RETAIL OUTLET AT A PRICE THAT IS BELOW THE COST OF ACQUIRING THE PRODUCT PLUS TAXES AND TRANSPORTATION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-41-255 SO AS TO REQUIRE EVERY SERVICE STATION TO POST IN A CONSPICUOUS PLACE THE SELF-SERVICE PUMP PRICE FOR EACH TYPE OF GASOLINE IT HAS AVAILABLE AND PROVIDE FOR RELATED MATTERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5972SD.93).
Amend the bill, as and if amended, in Section 39-3-150 of the 1976 Code, as contained in SECTION 2, by striking subsection (C) in its entirety.
Amend the bill further, as and if amended by adding a new SECTION to be appropriately numbered which shall read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 39-5-325. (A) Except as otherwise permitted to meet competition as provided by this chapter, it is declared an unfair trade practice and unlawful for any person who is in the retail business of selling motor fuel to sell motor fuel of like grade and quality at retail at a price which is below the cost of acquiring the product plus taxes and transportation.
(B) The provisions of subsection (A) shall not apply in the following situations where:
(1) motor fuel is advertised, offered for sale, or sold in a bona fide clearance sale for the purpose of discontinuing trade in such motor fuel, and the advertising, offer to sell, or sale shall state the reason therefor and the quantity of such motor fuel advertised, offered for sale, or to be sold;
(2) motor fuel is sold upon the final liquidation of a business;
(3) motor fuel is advertised, offered for sale, or sold by any fiduciary or other officer under the order or direction of any court;
(4) motor fuel is sold for promotional purposes including, but not limited to, grand opening, anniversary, or promotional sales. However, the total number of days for promotional sales shall not exceed fourteen days within each calendar year; or
(5) an isolated or inadvertent incident occurs that does not exceed two days.
(C) Any person who is in the retail business of selling motor fuel claiming any exemption from subsection (A) under the exceptions provided in subsection (B) must keep and maintain records substantiating this claim. These records must be made available to the Department of Consumer Affairs and the Attorney General's Office on request made in connection with any investigation of a possible violation of this section by the department or the Attorney General./
Amend the bill further, as and if amended, in Section 39-41-255 of the 1976 Code, as contained in SECTION 3, by striking /service station/ on line 1 of the section and inserting /retail motor fuel outlet/. When amended Section 39-41-255 shall read:
"Section 39-41-255. Every retail motor fuel outlet shall post in a conspicuous place the self-service pump price for each type of gasoline it has available; provided, that such posted price must include either the cash or the credit price but need not include both such prices. The manner in which the prices are posted must not conflict with any state or local laws or ordinances that regulate the size, use, or placement of billboards or signs."/
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
Reps. CARNELL, CATO, FAIR, STODDARD, MARCHBANKS, CANTY, J. BAILEY and COOPER objected to the Bill.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the above referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: S. 707 General Subject Matter: Motor Fuel Sales
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with which I am associated may be affected in violation of S.C. Code Section 8-13-700(B).
Rep. ROBERT J. SHEHEEN
The following Bill was taken up.
H. 4068 -- Reps. P. Harris, Waldrop and Neilson: A BILL TO AMEND SECTION 12-37-266, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE HOMESTEAD EXEMPTION TO PROPERTY HELD IN TRUST FOR LIFE, SO AS TO PROVIDE THAT THE EXEMPTION APPLIES WHEN THE OTHERWISE ELIGIBLE BENEFICIARY OF A TRUST POSSESSES USE OF THE DWELLING.
Rep. KIRSH moved to table the Bill, which was agreed to.
The following Bill was taken up.
H. 3085 -- Reps. Koon, Wright, Riser, Gamble, Stuart and Sturkie: A BILL TO AMEND SECTION 12-43-305, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAYMENT OF TAXES ON REAL ESTATE WHEN THE VALUATION OF PROPERTY IS UNDER APPEAL, SO AS TO PROVIDE THAT NO INTEREST IS DUE ON REFUNDS OR UNDERPAYMENTS WHEN THE VALUATION OF MORE THAN FIVE PERCENT OF THE TAXABLE PARCELS IN A COUNTY IS UNDER APPEAL AS A RESULT OF A REASSESSMENT AND EQUALIZATION PROGRAM.
Rep. KIRSH moved to table the Bill, which was agreed to.
Further proceedings were interrupted by expiration of time on the uncontested Calendar.
Rep. GONZALES withdrew his objection to H. 3635 however, other objections remained upon the Bill.
Rep. LANFORD withdrew his objection to the following Bill.
S. 567 -- Senators Moore, Short and Jackson: A BILL TO AMEND TITLE 20, CHAPTER 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 26 SO AS TO ENACT THE SOUTH CAROLINA CHILD FATALITY REVIEW AND PREVENTION ACT, TO PROVIDE FOR THE POLICY OF THE STATE IN PREVENTING CHILD DEATHS, TO CREATE THE STATE CHILD FATALITY REVIEW TEAM WITHIN THE CENTER FOR FAMILY IN SOCIETY, UNIVERSITY OF SOUTH CAROLINA, TO PROVIDE FOR ITS MEMBERS, ITS PURPOSE, POWERS, AND DUTIES; TO PROVIDE FOR ACCESS TO AND CONFIDENTIALITY OF RECORDS RELATING TO CHILDREN WHO HAVE DIED AND SERVICES PROVIDED TO THESE CHILDREN AND THEIR FAMILIES; TO ADD SECTIONS 17-5-140 AND 17-5-265 SO AS TO REQUIRE CORONERS AND MEDICAL EXAMINERS TO NOTIFY THE CHAIRMAN OF THE CHILD FATALITY REVIEW TEAM WHEN A CHILD DIES UNDER CERTAIN CIRCUMSTANCES; TO ADD SECTIONS 17-5-150 AND 17-5-275 SO AS TO AUTHORIZE A CORONER OR A MEDICAL EXAMINER TO OBTAIN AN INSPECTION WARRANT IN THE COURSE OF CONDUCTING AN INVESTIGATION OF A CHILD'S DEATH; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS IN THE CHILD ABUSE AND NEGLECT LAW, SO AS TO REVISE THE DEFINITION OF "ABUSED OR NEGLECTED CHILD"; TO AMEND SECTION 20-7-510, RELATING TO REPORTING OF CHILD ABUSE AND NEGLECT, SO AS TO REQUIRE A CORONER, A MEDICAL EXAMINER, AND THEIR EMPLOYEES TO REPORT; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF CHILD ABUSE REPORTS, AND RECORDS, SO AS TO ALLOW THE RELEASE OF SUCH INFORMATION TO COUNTY MEDICAL EXAMINERS, CORONERS, AND THE STATE TEAM; TO AMEND SECTION 44-63-110, AS AMENDED, RELATING TO FEES FOR VITAL RECORDS, SO AS TO PROVIDE A TWO DOLLAR SURCHARGE ON AN ORIGINAL DEATH CERTIFICATE TO FUND THE CHILD FATALITY REVIEW TEAM; AND TO PROVIDE THAT FUNDS AND POSITIONS RELATED TO THE CHILD FATALITY REVIEW PROCESS IN THE DEPARTMENT OF SOCIAL SERVICES MUST BE TRANSFERRED TO THE CENTER FOR FAMILY IN SOCIETY.
Rep. CANTY withdrew his objection to the following Bill.
H. 3387 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.
Rep. ANDERSON withdrew his objection to the following Bill.
S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
Rep. WORLEY withdrew his objection to the following Bill.
H. 3387 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-460 SO AS TO PROVIDE FOR PUBLIC SCHOOL STUDENTS TO BE EXCUSED FROM CLASS TO ATTEND OFF-CAMPUS RELIGIOUS INSTRUCTION, TO PROVIDE FOR THE REQUIREMENTS THAT MUST BE MET BEFORE STUDENTS MAY BE EXCUSED FOR THIS PURPOSE, AND TO PROVIDE THAT STUDENTS ATTENDING THIS INSTRUCTION ARE NOT CONSIDERED ABSENT FROM SCHOOL.
Rep. SCOTT withdrew his objection to H. 3264 however, other objections remained upon the Bill.
Rep. MOODY-LAWRENCE withdrew her objection to H. 4036 however, other objections remained upon the Bill.
Rep. McMAHAND withdrew his objection to the following Bill.
S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
Rep. KENNEDY withdrew his objection to H. 4036 however, other objections remained upon the Bill.
Rep. PHILLIPS asked unanimous consent to recall H. 4007 from the Committee on Education and Public Works.
Rep. DAVENPORT objected.
On motion of Rep. THOMAS, with unanimous consent, the following Bill was ordered recalled from the Committee on Judiciary.
S. 599 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 9, TITLE 47 SO AS TO ESTABLISH IMMUNITY FROM LIABILITY FOR INJURIES OR DEATH TO A PERSON ENGAGED IN AN EQUINE ACTIVITY CAUSED BY AN INHERENT RISK OF EQUINE ACTIVITY.
Rep. HOLT asked unanimous consent to withdraw his objection to H. 3635.
Rep. CORNING objected.
Rep. McABEE moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by the Joint Assembly.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
S. 784 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 26, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 5 WHOSE UNEXPIRED TERM EXPIRES JUNE 30, 1997; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2 WHOSE TERM EXPIRES JUNE 30, 1993; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, SEAT 1 OF THE FAMILY COURT WHOSE UNEXPIRED TERM EXPIRES JUNE 3, 1998.
The President announced that nominations were in order for a Court of Appeals Judge, Seat 2.
Senator McConnell, on behalf of the Joint Screening Committee, nominated the Honorable Curtis B. Shaw.
On motion of Rep. CARNELL, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that the Honorable Curtis B. Shaw was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Court of Appeals Chief Judge, Seat 5.
Senator Washington nominated the Honorable William T. Howell as follows:
"Mr. President and Members of the Joint Assembly...This is indeed a great honor and pleasure for me to stand here this morning and to nominate the next Chief Judge of the Appellate Court, the second highest court in this state. William T. Howell, a resident of Walterboro, is currently Judge at Large and holds Seat No. 2 in the Circuit Court of this State. He has served continuously as a Circuit Court Judge since 1979. Judge Howell is married to the former Susan Gail Dooley and they are the proud parents of three children. Judge Howell received his Bachelor of Science degree from Clemson University. After graduating from Clemson, he worked as an assistant county agent before going to the University of South Carolina's School of Law. When Judge Howell graduated from law school, he was second in his class with nearly a straight A average. Upon graduation he began practicing law in Walterboro. Judge Howell is known as the lawyer's lawyer and is now known as the judge's judge. Judge Howell is a member of the American, State and County Bar Associations. He is a member of Bethel United Methodist Church in Walterboro, the Circuit Court Judges Advisory Committee, and Chairman of the Judicial Standards Committee. He was delegated to the National Conference of State Trial Judges from 1990-92 and is currently a member of the Clinical Faculty at Harvard University. He is a former member of the South Carolina Senate, the Walterboro Jaycees and past President of the local Mental Health Association. Ladies and gentlemen, it is certainly important that we have an individual to lead this Court, who not only is qualified, but is a person who has proven that he knows how to wear the robe. Sometime, we put on a robe and it gets too heavy for us, but Judge Howell is an individual who has worked with the little as well as the large. He has been a person who has been very sensitive not only to the lawyers and the judges, but the total public. President Alex Sanders, who is the past Chief of this Court, certainly is a hard act to follow, but I can assure you today that Judge Howell may not be able to step in his shoes, but I'm sure that he is able to walk side by side. If elected, Judge Howell would be the only judge on the Court of Appeals that would have presided over a jury trial. He is the only one who has actually charged a jury. My dear fellow members of the General Assembly, I believe that this is an opportunity for the State of South Carolina to elect a judge who would not only be a judge, but a leader of judges in South Carolina. So, I ask you to join me today in electing our next Chief Judge, the Honorable William T. Howell. I certainly at this time would like to place his name in nomination. Thank you."
Reps. RHOAD, H. BROWN, WOFFORD, WHITE, HARRELSON, McTEER, COBB-HUNTER, HARVIN, INABINETT, KEYSERLING, RISER, SHISSIAS, HALLMAN, FULMER, HARRELL, A. YOUNG, STEWART, HUTSON, G. BAILEY, VAUGHN, Senators Land, Williams, Mescher, Rose and Matthews seconded the nomination.
Rep. BAXLEY nominated the Honorable John P. Gardner, Sr., as follows:
"Mr. President, Mr. Speaker, Ladies and Gentlemen of the Joint Assembly...I rise today to make a nomination for election to the Chief Judge position of the South Carolina Court of Appeals. At the outset, let me say that during my few years, I have spoken at this well many times, and even been granted the privilege of addressing the Joint Assembly on four or five occasions, but never have I spoken on a matter of more momentum and importance to the operation of this State, for a critical election faces us today, and it is my privilege to nominate Judge John Pickens Gardner for reelection to the Court of Appeals to serve in the position of Chief Judge. I have known Judge Gardner all of my life and it is hard to capsulize into a few minutes a lifetime of service to his fellowman, for the task of distilling the essence of Judge Gardner is like attempting to separate the multiple facets which make a diamond sparkle. For the sake of time, I would like to concentrate on three areas that tell you a little bit more about this man. First, Jack Gardner is a man who loves his family. He is a devoted husband, dedicated father, and a doting grandfather. He was first married to Lucylee Arthur, and after her death, to Jeanette Todd. His children are Harriett Gardner Watson of Germantown, Tennessee, and John P. Gardner, Jr., whom all of you know served for many years in this General Assembly and who is a successful lawyer, practicing in Darlington. His children have given him two darling grandchildren, Elizabeth Watson and Bryant Gardner. Judge Gardner tells me that he hopes his service to this date over the years has created a better place for his grandchildren so that they might continue to have these opportunities which this State has given to him over the years. But to say Jack Gardner is a great family man is to miss his full measure, for he is also a man who loves his country. When the nation called during World War II, a young Jack Gardner answered the call. As an aerial gunner with the 410th Bomber Group of the 9th Army Air Force, Jack Gardner flew 65 separate combat missions, across the English Channel, through the beaches of Normandy, and into the teeth of Nazi, Germany, sixty-five separate missions which were challenged by the rockets and cannon fire of the Third Reich, and the killing planes of the Luftwaffe. Jack Gardner was not called upon to make the ultimate sacrifice that so many did to guarantee our freedoms today, but his presence on that plane through those missions showed that he was willing to make that sacrifice. And for his gallant and selfless service, he received a dozen oak leaf clusters and many other awards too numerous to mention. But to say Jack Gardner is a great patriot is also to miss the full measure of the man, for Jack Gardner is a man who loves his native State of South Carolina and has given the greater part of his professional life and the best years of his personal life, in service to our State. Some of you who sit by me in the House by a few rows there may realize that from time to time I escape into a book, and I do that to preserve what little sanity I have. I recommend that to all of you. And I just finished reading a novel set in Mississippi. The novel was about a white lawyer who defended a black man who was accused of killing two white men. These white men had brutally molested his 10 year old daughter and they had left her for dead. The book was filled with the shame and tragedy of generations of racial hatred and the threat, the damages and the injuries inflicted upon that lawyer for having the nerve to take a case to stand for what was right and represent a black man in a white man's society. That book is fiction, but it made me think of the real life stories of Jack Gardner who in 1949 in Darlington County, 1949 mind you, successfully defended eight black men charged with the crime of disorderly conduct, but who really were the victims of a savage attack of police brutality. These eight men were Jack Gardner's friends, they grew up with him on the poor side of town. It did not matter to him if they were blue or green or yellow or what their color was, because they were humans. As humans, they were entitled to the full measurement of human rights accorded to each of us by the Constitution. That is Jack Gardner. He was condemned by the all white police for breaking the unwritten racial code. But, the unwritten code was wrong and he stood alone against it and he defeated it. Not fiction, not a novel, but real life. Jack Gardner came to be so respected for his courage and strength and character, that in the 1950's, he was elected four times to represent Darlington County in the House of Representatives. He served ably as a member of the Judiciary Committee and retired from legislative service. In 1979, when this General Assembly created the Court of Appeals, the first citizen called by this legislature to serve on that court was Jack Gardner. But rather than saying no, that he had done his share for State and nation and wished to remain a private citizen, and rather than say no, that he wished to keep his successful law practice he maintained in Darlington, and rather than saying no, that 'he was tired of politics and just wanted to be left alone', he dutifully left his home and his private life - dismantled his law practice - and returned to Columbia to serve his State. After the call was extended, he had to wait four years in limbo while political wrangling delayed the implementation of the court, but he didn't get mad and quit, he didn't say, 'I've had it', and go home. He held to his commitment and stuck it out, and when the court finally began hearing cases in 1983, he was there, discharging his duty for our State. He has done an outstanding job, being recognized nationally as a leading jurist in several complicated areas of law. To show how capably he has served, in the past 20 years, hundreds of appellate opinions had been written in South Carolina by numerous appellate judges who have come and gone. Of all these cases, only four have been cited as leading national cases by the American Law Reports' law book series. Of these four, two were authored by Jack Gardner. In closing, I want to speak briefly to you on three additional points about the importance of this election, first, this election is of tremendous practical importance to the Court of Appeals. We have before us two candidates, one of which is a senior member of the Court and the other who is not on the Appellate Court. We are electing a Chief Judge. To put this in legislative perspective, I would like, Mr. Rhoad, to use the Agriculture Committee as an example, or perhaps Mr. Boan on Ways and Means, or Mr. Speaker, or Lt. Governor, it would be like taking someone who is not on the Committee or not in a Chamber and putting them in charge of the organization. Legislatively, we would not even consider that. We have never done that. We would never consider it because of our recognition and need for experience, background knowledge of issues and proper operation of the Body, is anything less acceptable for our courts? Secondly, this election is of tremendous precedential value for all of our Appellate Judges. Since our Supreme Appellate Courts inception almost two centuries ago, the senior judge has been chief. It is a time honored and well ordered system that served us well. To do otherwise, would send a tremor of instability through every Appellate Judge in the State such as Judges Finney and Shaw, who have worked hard for this State in their respective courts and now have seniority. Last year, in making his decision to run, Judge Gardner could have sought his old seat and probably without opposition and probably would have been reelected without opposition. He could have run for two seats just to be safe, but he didn't. In keeping with tradition and the desire of the other members of the court, he sought the Chief Judge position. For us to choose otherwise will have every Appellate Judge in this State constantly looking over his or her shoulder and potentially create chaos where we least need it. And finally, this election is of tremendous importance to Judge Gardner and while we cannot make statewide decisions base purely on personal positions, it is important that each of you know and remember that Judge Gardner has given unselfishly of his life to our State. Because of the delay of the implementation of the Court of Appeals hearing cases, Judge Gardner's service to this date, has not been of sufficient duration for his retirement to vest. If allowed to serve until age 72, he would be vested. This is only fair treatment for a man who left his law practice to serve each of us. If not elected, the other candidate in this race will return to a Circuit Court position to finish a term there. There is no such option for Judge Gardner. My friends, I am proud to offer in nomination the name of John Pickens Gardner for Chief Judge of the Court of Appeals and I ask that you join me in electing this statesman who has served our State so ably and so well. Thank you."
Reps. CROMER, McKAY, ELLIOTT, NEILSON, HINES, R. SMITH, CLYBORNE, RUDNICK, Senators Mitchell, Glover, Giese, Drummond, Reps. MOODY-LAWRENCE, WALDROP, SIMRILL, Senator Leatherman, Reps. MARCHBANKS, KEEGAN, WITHERSPOON, McELVEEN, WRIGHT, GONZALES, KENNEDY, STURKIE, TUCKER, SCOTT, STILLE, NEAL, ROGERS, FELDER, J. BAILEY, Senators Wilson, Waldrep, Lander and Rep. HARRISON seconded the nomination.
On motion of Senator McConnell, nominations were closed.
The Reading Clerk of the Senate called the roll of the Senate and the Senators voted viva voce as their names were called:
The following named Senators voted for Mr. Gardner:
Bryan Courson Courtney Drummond Elliott Giese Glover Hayes Lander Leatherman Leventis Macaulay Martin McConnell Mitchell Peeler Rankin Reese Russell Smith, J.V. Waldrep Wilson
The following named Senators voted for Mr. Howell:
Cork Gregory Jackson Land Matthews McGill Mescher Moore O'Dell Patterson Rose Ryberg Saleeby Setzler Short Smith, G. Stilwell Thomas Washington Williams
On motion of Rep. CROMER, with unanimous consent, the Members of the House voted by electric roll call.
The following named Representatives voted for Mr. Gardner:
Alexander, T.C. Bailey, J. Baker Barber Baxley Canty Carnell Chamblee Clyborne Cromer Elliott Farr Felder Gonzales Graham Harris, P. Harrison Haskins Hines Houck Huff Jennings Keegan Kennedy Koon Marchbanks Martin McAbee McCraw McElveen McKay Moody-Lawrence Neal Neilson Phillips Rogers Rudnick Scott Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Sturkie Tucker Waites Waldrop Walker Wilkins Witherspoon Worley Wright
The following named Representatives voted for Mr. Howell:
Alexander, M.O. Allison Anderson Askins Bailey, G. Boan Breeland Brown, G. Brown, H. Cato Cobb-Hunter Corning Delleney Fair Fulmer Gamble Govan Hallman Harrell Harrelson Harris, J. Harvin Hodges Hutson Inabinett Jaskwhich Kelley Keyserling Kirsh Klauber Lanford Law Littlejohn Mattos McMahand McTeer Meacham Quinn Rhoad Richardson Riser Robinson Sharpe Sheheen Shissias Stoddard Stuart Thomas Townsend Trotter Vaughn Wells Whipper White Wilder, D. Wilder, J. Wilkes Williams Wofford Young, A. Young, R.
Total Number of Senators voting 42
Total Number of Representatives voting 115
Grand Total 157
Necessary to a choice 79
Of which Mr. Gardner received 76
Of which Mr. Howell received 81
Whereupon, the President announced that the Honorable William T. Howell having received a majority of the votes cast was duly elected for the term prescribed by law.
Having missed the vote for Court of Appeals, I would have cast my vote for William T. Howell.
Rep. G. RALPH DAVENPORT, JR.
S.C. House Dist. 37
May 26, 1993
The Honorable Robert J. Sheheen
Speaker, S.C. House of Representatives
506 Blatt Building
Columbia, S.C. 29211
Dear Mr. Speaker:
South Carolina Code Section 8-13-700 defines conflict of interest and states "No public official who is placed in a situation in which he is required to take action through the discharge of his official duties which would result in such a conflict, he must excuse himself from votes," etc., and submit a written record for the presiding officer stating the reason for the recusal.
A member of my immediate family has accepted a law clerk position with the S.C. Court of Appeals effective later this summer.
Therefore, I am recusing myself from all joint assembly election involving races for seats on the S.C. Court of Appeals.
Respectfully,
Rep. B. HICKS HARWELL
The President announced that nominations were in order for a Family Court Judge, Ninth Judicial Circuit, Seat 1.
Senator McConnell, on behalf of the Joint Screening Committee, stated that Paul W. Garfinkel and David A. Soderlund, Sr. had withdrawn as candidates.
Rep. WHITE withdrew J. Seth Whipper as a candidate as follows:
"I rise not to bury anyone today, but to praise one. To praise one for offering himself and his great qualities that he possesses for public service. Although, one would believe that Seth has come from a protective home environment, he has seized every opportunity to involve himself with people of very diverse backgrounds. His legal experiences in the office of Public Defender have contributed to his characteristics of fairness, objectivity and respect for the law and its impact on the lives of all citizens. As Magistrate and Summary Court Judge, he had no respect of person of applying the law equally, justly and with mercy. He exhibited and developed a professional approach in his Court and raised the level of judicial standards which made his court a model in Charleston County. He exemplifies qualities of scholarship by studying the law and applying it objectively and fairly. He volunteered to conduct seminars on the law for continuing education and also taught a legal course at Trident Technical College. And one of his most controversial cases involving the former mayor of North Charleston, he received high commendations from the media and his colleagues for the manner in which this controversy was settled. He has further proven himself as having a lot of qualities and the way he conducted himself while campaigning for this position and playing by the rules of the game. My fellow colleagues, on behalf of Seth Whipper, I want to thank all of you for lending him an ear and especially thank all of you who pledged to support him and with great reservation, I stand to withdraw his name from nomination for the Ninth Judicial Court in Charleston County."
Rep. HALLMAN nominated Frances P. "Charlie" Segars-Andrews as follows:
"Mr. President, Mr. Speaker, fellow members of this Joint Assembly...Some of our duties in the General Assembly give us more pleasure than others and this happens to be a happy day for me because it is my pleasure to place in nomination for the Ninth Judicial Family Court judgeship the name of a bright, articulate, well educated professional who will bring great pride to this Body and to the process that we use to elect judges in this State. Frances Charlie Segars-Andrews, a native South Carolinian, has exclusively practiced family law for the last six years and is today offering for the position of Family Court Judge in the Ninth Circuit. Charlie resides in Mt. Pleasant with her husband Mark, and their two children, ages six and three. Charlie hails from a family that has strong, strong background and she is going to bring this strength to the bench of this State. Many family tragedies are played out in the Family Courts of South Carolina on a daily basis and I can tell you without reservation, that Charlie Andrews will be a strong advocate for those who can't speak for themselves, for the children of broken homes, for grandparents who are many times separated from grandchildren because of tragedy that we have in Family Court. Having these assurances from Charlie, it is with great pride that I place in nomination the name of Frances Charlie Segars-Andrews for the position of Family Court Judge in the Ninth Circuit of South Carolina. Thank you very much."
Reps. MARCHBANKS, WELLS, VAUGHN, ALLISON, J. WILDER, SIMRILL, HUTSON, ELLIOTT, HOUCK, McKAY, MATTOS and DAVENPORT seconded the nomination.
On motion of Senator McConnell, nominations were closed, and with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the President announced that Ms. Frances P. "Charlie" Segars-Andrews was duly elected for the term prescribed by law.
The purposes of the Joint Assembly having been accomplished, the President announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 12:35 P.M. the House resumed, the SPEAKER in the Chair.
The following was received from the Senate.
Columbia, S.C., May 26, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to H. 3610:
H. 3610 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS TO MEET THE ORDINARY EXPENSES OF THE STATE GOVERNMENT FOR THE FISCAL YEAR BEGINNING, JULY 1, 1993 AND FOR OTHER PURPOSES; TO REGULATE THE EXPENDITURE OF SUCH FUNDS; TO FURTHER PROVIDE FOR THE OPERATION OF THE STATE GOVERNMENT DURING THE FISCAL YEAR; (Abbreviated Title)
Very respectfully,
President
On motion of Rep. BOAN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. BOAN, HODGES and CLYBORNE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. CARNELL, from the Greenwood Delegation, submitted a favorable report, on:
H. 4243 -- Reps. Carnell and McAbee: A BILL TO PROVIDE THAT CERTAIN REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES AS THEY PERTAIN TO DAY CARE CENTERS ARE SUSPENDED FROM TAKING EFFECT IN GREENWOOD COUNTY UNTIL JULY 1, 1994.
Ordered for consideration tomorrow.
The following was introduced:
H. 4244 -- Reps. Graham, T.C. Alexander, G. Bailey, Barber, Baxley, H. Brown, Canty, Carnell, Cato, Cooper, Corning, Cromer, Davenport, Delleney, Elliott, Fair, Farr, Gamble, Govan, Hallman, Harrell, Harrison, Harvin, Harwell, Holt, Hutson, Inabinett, Kelley, Keyserling, Klauber, Koon, Law, Mattos, McAbee, McTeer, Meacham, Moody-Lawrence, Neilson, Phillips, Rogers, Rudnick, Sharpe, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stone, Stuart, Sturkie, Thomas, Trotter, Tucker, Waites, Wells, Whipper, Wilkes, Wofford, A. Young and R. Young: A CONCURRENT RESOLUTION TO COMMEND THE ORGANIZATIONS AND AGENCIES INVOLVED IN "OPERATION CHILD ALERT" IN SOUTH CAROLINA FOR THEIR EFFORTS IN ATTEMPTING TO HELP PROMPTLY RECOVER CHILDREN UNDER THE AGE OF TWELVE WHO ARE ABDUCTED OR ARE OTHERWISE MISSING UNDER SUSPICIOUS OR UNLAWFUL CIRCUMSTANCES, AND TO MEMORIALIZE THE FEDERAL COMMUNICATIONS COMMISSION TO ALLOW "OPERATION CHILD ALERT" TO BECOME PART OF THE EMERGENCY BROADCASTING SYSTEM, THEREBY GIVING NATIONAL EXPOSURE TO THESE CASES.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4245 -- Reps. Whipper, Harrelson, Mattos, Worley, Neilson, Inabinett, G. Bailey, Delleney, Felder, White, Holt, Fulmer, Hallman, Shissias, McTeer, Govan, Farr, Breeland, Simrill, Harrison, Stille, Harrell, Corning, Barber, Scott, Hutson, Houck, Phillips, Meacham, A. Young, Davenport and Harwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1045 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON AT LEAST EIGHTEEN YEARS OF AGE TO USE, SOLICIT, INDUCE, COERCE, OR EMPLOY A PERSON UNDER EIGHTEEN TO COMMIT A VIOLENT CRIME OR THE CRIME OF LYNCHING, TO ALSO MAKE IT UNLAWFUL TO CONSPIRE TO DO THE ABOVE, TO PROVIDE PENALTIES FOR VIOLATION, AND TO AMEND SECTION 16-1-10, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO ADD THE ABOVE OFFENSES WHICH ARE MADE FELONIES TO THIS LIST.
Referred to Committee on Judiciary.
Rep. WILKES moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4206 -- Reps. J. Wilder, Baxley, Walker and Shissias: A CONCURRENT RESOLUTION TO COMMEND THE GOVERNOR'S OFFICE AND THE STATE BUDGET AND CONTROL BOARD, DIVISION OF RESEARCH AND STATISTICAL SERVICES, FOR THEIR EFFORTS IN THE GOVERNOR'S HEALTH POLICY AND DATA INTEGRATION PROJECT AND TO DEMONSTRATE SUPPORT OF PHASE II OF THIS PROJECT.
H. 4235 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE THE REVEREND DOCTOR MICHAEL ROSS OF COLUMBIA UPON BEING AWARDED THE DOCTOR OF MINISTRY DEGREE FROM UNITED THEOLOGICAL SEMINARY.
H. 4236 -- Rep. Scott: A CONCURRENT RESOLUTION TO CONGRATULATE JOAN C. SCOTT OF COLUMBIA UPON BEING SELECTED A TWIN HONOREE BY THE YWCA OF THE MIDLANDS.
H. 4238 -- Reps. Rudnick, Huff, Stone, Sharpe and R. Smith: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THE HONORABLE LONNIE A. GARVIN, SR. OF AIKEN COUNTY, FORMER MEMBER OF THE HOUSE OF REPRESENTATIVES, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:43 P.M. the House in accordance with the motion of Rep. RUDNICK adjourned in memory of Lonnie A. Garvin, Sr. of Aiken County, to meet at 10:00 A.M. tomorrow.
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