Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O Lord our God, keep us steadfast in our knowledge of Your constant nearness. Forbid that we should worry when we are doing our best, or believe things are impossible without our trying. Keep clear before our eyes a vision of the highest and the best, and the persistence to pursue a course in that direction. Make of us good examples for those we meet along life's highway, knowing that the most valuable gift that we can bestow upon others is a good example. And if we cannot lift the load off another's back, give us the will to lighten that load.
Lord, in Your mercy, hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KLAUBER moved that when the House adjourns, it adjourn in memory of William W. Wash of Greenwood, which was agreed to.
TO: Members, General Assembly
FROM: Senator Glenn F. McConnell, Chairman
DATE: May 18, 1993
SUBJECT: Report of the Judicial Screening Committee
Attached is the report of the Judicial Screening Committee from the public hearings that were held on April 22, April 29, May 4 and May 5, 1993.
The entire transcript of the proceedings will appear in the Journal shortly, but the Committee has chosen to issue its findings at this time. Candidates are now free to seek commitments from members of the General Assembly.
We have set the dates of Wednesday, May 26, 1993, for the election to the South Carolina Court of Appeals, Seats #2 and #5 (Judge Shaw's seat and the seat vacated by Judge Alex Sanders) and the election of Judge of the Family Court of the Ninth Judicial Circuit, Seat #1; and Wednesday, June 2, 1993, for the election to the South Carolina Court of Appeals, Seat #1 (Judge Gardner's seat). If you have any questions about these procedures, please feel free to contact me or the staff of the Judicial Screening Committee.
TO: The Clerk of the Senate
The Clerk of the House
FROM: Glenn F. McConnell, Chairman
Judicial Screening Committee
DATE: May 18, 1993
In compliance with the provisions of Act No. 119, 1975 S.C. Acts 122, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
/s/Glenn F. McConnell, Chairman
/s/Rep. James H. Hodges, Vice-Chairman /s/Rep. M. O. Alexander
/s/Senator Thomas L. Moore /s/Rep. Donald W. Beatty
/s/Senator Edward E. Saleeby /s/Rep. C. Lenoir Sturkie
/s/Senator John R. Russell
The Screening Process
Pursuant to Act No. 119 of 1975, this Committee has considered the qualifications of candidates seeking election to the positions of Chief Judge, Seat No. 5 of the S.C. Court of Appeals; Associate Judge, Seats No. 1 and 2 of the S.C. Court of Appeals; and Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1. In addition, the Committee was called upon to screen for continued service as retired judges The Honorable Walter J. Bristow, Jr., The Honorable Luke N. Brown, Jr., The Honorable Frank Eppes, The Honorable William J. McLeod, and The Honorable Willie T. Smith.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts a thorough investigation of the candidate. The Committee's investigation includes a review of the candidate's scholastic, employment, and financial history and, in particular, focuses on the candidate's adherence to a strong code of ethical behavior, be it to the Rules of Professional Conduct governing the attorneys practicing in South Carolina, the Code of Judicial Conduct regulating the activities of all judges in South Carolina, or the more generally accepted, but unwritten, rules of fairness and respect which should govern interaction between all of this state's citizens.
While Act 119 restricts this Committee to making findings of qualification or non-qualification, the Committee views its role to also include the obligation to consider candidates in the context of the judiciary on which, if they are elected, they will serve and, to some degree, govern. To that end, this Committee has inquired as to the quality of justice delivered in the courtrooms of South Carolina and has sought to impart, through its questioning, the view of the public it represents as to matters of judicial temperament, concern for an informed Bench, and the absoluteness of the Judicial Canons as to recusal for conflict of interest, prohibition on ex parte communication, and the disallowance of the acceptance of gifts. The Committee has also sought to impart its view that good temperament is an essential quality of a judge. Justice can surely prevail when a judge is courteous to litigants and lawyers alike.
The Committee's questioning of candidates was in-depth. Many of the candidates screened in this round were unaware of certain requirements of the "Ethics, Government Accountability, and Campaign Reform Act of 1991" and the Code of Judicial Conduct. To the extent that the 1991 ethics legislation is voluminous and of recent origin and the Committee's line of questioning somewhat of a departure from past screenings, these candidates may be excused for lack of technical compliance. However, this Committee puts on notice all future candidates that this Committee takes its obligations seriously and will not excuse future candidates for such oversight and noncompliance. Also, the Committee reiterates its displeasure with those candidates who strain the no pledging rule so as to come to the Committee with a "lock," albeit an informal one, on a judgeship. In the future, the Committee will weigh heavily such activity in determining compliance with the 1991 ethics legislation and, hence, the qualification of a candidate.
Constitutional Significance of Screening and the
Committee's Review of Candidates for the Judiciary
By statutory mandate, each elementary school student in South Carolina is taught that the essence of federal and state government is the separation of powers and the system of checks and balances designed to ensure that the separation of powers is maintained and that any usurpation of power from one branch of government to another is checked. Within this system, the judiciary is granted extraordinary and final authority to determine questions of law not only for the government, but for each citizen of South Carolina. Since Marbury v. Madison, 5 U.S. (1 Cranch) 137, 2 L.Ed. 60 (1803), the preeminence of the judicial system's authority in such matters has remained unquestioned. Consequently and in our system of government, the people, from whom all power ultimately flows under our Constitution, must zealously guard their absolute right to select members of the judiciary who will do the peoples' work and not the work envisioned by special interests.
In South Carolina, citizens have empowered the General Assembly as their constitutional agent in the selection of judges. While such grant by the people is an absolute one, it does not come without a few strings attached. The State Constitution mandates that the election of our Supreme Court, Court of Appeals, and circuit courts be by a public vote in a joint assembly of the General Assembly and that, in contested elections, each member record his or her vote. See S.C. Constitution Article V, Sections 3, 8 and 13. While procedures for the election of family court judges are not explicitly set out in the Constitution, the General Assembly has by statute and tradition adhered to an identical standard of openness. See S.C. Constitution Article V, Section 12; S.C. Code Ann. Section 20-7-1370. The Constitution's requirement of openness allows a legislator's constituents to voice their disapproval if a legislator abuses their trust in the election of judges. Disapproval by the public can take many forms--including defeat at the ballot box. Thus, ultimately the people elect the judges of this State and the people of South Carolina have selected well. South Carolina's judiciary is well-respected and has represented and fulfilled its Constitutional role in the manner envisioned by our founding fathers and, as would be recognized by even the youngest student of civics in our state's classrooms, in keeping with the ideal of separation of power.
Within the current screening process, this Committee has been asked by a respected group of professionals, the South Carolina Bar Association, to allow their input into the screening of judicial candidates. While the Bar Association's offer to provide input was of an oft-changing character, the Bar Association never offered to provide the input on the terms and conditions as are mandated by South Carolina law: (1) in the form of an affidavit, (2) forty-eight hours in advance of the hearing, and (3) subject to examination by the Committee or cross-examination by a candidate through the Committee. See S.C. Code Ann. Section 2-19-30. In the interest of accommodating the Bar Association, this Committee sought to stretch interpretation of the statute to its ultimate limits, perhaps in derogation of the responsibility the Committee owed this state's citizenry. Finally and when the Bar Association, which, while respected, is nonetheless a special interest group and a registered lobbyist's principal, refused to honor even the most elementary of this Committee's request to make their comments public, this Committee was given no choice but to: (1) uphold the law, (2) protect the interests of the public in the public election of judges, and (3) ensure the fundamental right of candidates to publicly question someone who accuses them of wrongdoing or lack of qualification.
This Committee's action in summarily receiving the Bar Association's ratings and not treating it as testimony before the Committee does not mean that we have overlooked questions raised by the Bar Association about any candidate. In fact, this Committee took the extraordinary step of subpoenaing as witnesses those persons who had been listed by candidates as references and who acknowledged having been interviewed by the Bar Association in its rating process. Of great concern to the Committee was the lack of any correlation between these witnesses' public testimony and the Bar Association's summary characterization of their private comments. While such disparate commentary may be attributable to either a change in testimony due to the public forum, the result of the aggregation of these witnesses' testimony with the testimony of undisclosed Bar Association interviewees, or the effect of biased and, yet, unidentifiable interviewer or aggregator, the result is nonetheless unsatisfactory. In sum, the current Bar Association rating process is not public, not subject to verification, and inappropriate for integration in the South Carolina citizens' constitutional and statutory screening and election process.
However, this Committee does not intend to leave itself at an impasse with the Bar Association or any other association which wishes to offer invaluable assistance in this important process. The Committee, by this report, has authorized its chairman, vice-chairman, and counsel to work with representatives of the Bar Association and other organizations so as to avoid repetition of the failures of this current round of screening and to develop a cooperative effort in compliance with the spirit of this report.
Findings of Fact
The Committee in its review and investigation of the candidates for the Court of Appeals seats, the Family Court judgeship, and for the retired judges conducted four full days of screening hearings based, in part, on extensive background research compiled by the Committee's legal and administrative staff. To ensure full public input, the Committee asked for the assistance of all print and electronic media in the State in advertising the judicial vacancies and the Committee's desire for citizens to appear before the Committee and offer testimony regarding any or all of the candidates.
Retired Judges
The Chief Justice of the Supreme Court assigns retired judges for service on the bench but may only assign those retired judges who have been screened and found qualified by this Committee. S.C. Code Ann. Section 14-1-215 (Supp. 1992). This Committee must therefore screen retired judges and rate each candidate as "qualified" or "not qualified," but retired judges are not subject to election or reelection by the General Assembly. See S.C. Constitution Article V Sections 3,8 and 13.
This Committee, pursuant to the screening provisions of S.C. Code Ann. Section 2-19-10 et seq., conducted a thorough investigation of the candidates and has carefully considered the qualifications of each candidate for continued service on the bench. During the course of its screening proceedings the Committee became particularly concerned about the issue of continuing legal education for retired judges. The Committee believes that continuing legal education is at least as important for retired judges who serve in "full-time" capacities as it is for other members of the bench and it urges the Supreme Court to strongly consider requiring continuing legal education of retired judges.
The Committee was as always impressed with the intellect and outstanding past service of The Honorable Walter J. Bristow, Jr., candidate for service as a retired Circuit Court Judge. The Committee received a complaint against Judge Bristow, but after a thorough review of the matter, the Committee found that Judge Bristow did not act improperly and that the complaint is based on the complainant's dissatisfaction with his attorney.
The Committee appreciated and respected the importance The Honorable Luke N. Brown, Jr., candidate for service as a retired Circuit Court Judge, places on continuing legal education. Judge Brown testified that he considers continuing legal education to be important and that he has attended most of the J.C.L.E. offered during his retirement. The Committee was also impressed with Judge Brown's scholarship and his past record of service on the bench.
The Committee recognized the outstanding record of judicial service that The Honorable Frank Eppes, candidate for service as a retired Circuit Court Judge, has established over his long career. The Committee believes that Judge Eppes enjoys an excellent reputation and has served the judiciary well. The Committee does note that Judge Eppes also works as an arbitrator for a private company, and the Committee raises the question as to whether there may be an inherent conflict of interest in concurrent service on the bench and as a private arbitrator. The Committee has no evidence that Judge Eppes has any conflict of interest, but it urges the Supreme Court to inquire as to the question in general.
The Committee looked very favorably on the outstanding judicial service of The Honorable William J. McLeod, candidate for service as a retired Family Court Judge. The Committee believes that Judge McLeod's scholarship, his courtroom demeanor, and the manner in which he has served on the bench with distinction have been outstanding.
The Committee found that the scholarship and record of judicial service of The Honorable Willie T. Smith, Jr., candidate for service as a retired Family Court Judge, have been outstanding. Judge Smith has served with distinction and has earned an excellent reputation.
Court of Appeals, Seat No. 2
The Committee screened candidates for the Court of Appeals in accordance with the provisions and requirements of S.C. Code Ann. Section 2-19-10 et seq.
As it did with every candidate for judicial office, the Committee made detailed inquiries of The Honorable Curtis G. Shaw's, candidate for Judge of the Court of Appeals, Seat No. 2, approach to ethical questions such as ex parte communication, gifts, and recusal. The Committee was particularly impressed with Judge Shaw's black and white approach to these questions of ethics. Judge Shaw took clear positions on the various questions and demonstrated that his approaches to difficult ethical dilemmas would be proper.
The Committee was also impressed with Judge Shaw's stance that each individual litigant should receive the benefit of a thorough review by all three judges on the appellate panel. The Committee found that Judge Shaw has an excellent record of courtroom demeanor and a willingness to listen to all parties before him.
Chief Judge of the Court of Appeals, Seat No. 5
The Committee respects the record of service and diversity of opinion and ideas The Honorable John P. Gardner, Sr., candidate for Chief Judge of the Court of Appeals, Seat No. 5, brings to the Court of Appeals. Judge Gardner has served the Court with distinction and has filled in this last year as Chief Justice in a time of need. The Committee noted with approval that Judge Gardner demonstrated an understanding of the importance of good judicial temperament.
The Committee was troubled by two cases Judge Gardner heard in which he owns a life beneficiary interest in stock owned by one of the parties. While the Committee recognized that the ethical canon requiring recusal where the judge has any financial interest in the matter might arguably be too technical in that it could elevate form over substance, the legal scholarship on-point is well-settled: a judge must recuse himself if he has any financial interest, no matter how small, in the proceedings before the court.
The Committee believes that the rule is one of "zero-tolerance" and that a judge has acted improperly if he fails to recuse himself when he has any financial interest in the matter before the court. Such conduct will raise questions in the judicial screening process and, as a result, the conduct must not meet even a subjective inquiry as to whether or not recusal is proper. Put more simply, while this conduct may not rise to the level of legal misconduct, it does raise an appearance of impropriety and as a result, it is not proper. However, the Committee feels that it is only fair that its interpretation not be imposed as to Judge Gardner but as notice to future candidates.
The Committee found that the credentials and long record of service of The Honorable William T. Howell, candidate for Chief Judge of the Court of Appeals, Seat No. 5 and candidate for Judge of the Court of Appeals, Seat No. 1, are outstanding. Judge Howell has earned the respect of the bench and bar and has served with distinction. His record of experience is substantial. Judge Howell also expressed good ideas for improvement of the organization and functioning of the Court of Appeals and focused on the importance of maintaining good relations amongst the judiciary. The Committee noted and respects Judge Howell's good understanding of the need for good judicial temperament in the courtroom.
Family Court
The Committee interviewed an extensive number of witnesses from the list of references for Paul W. Garfinkel, candidate for Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1, gave the Bar Association. These witnesses and the other evidence convinced the Committee that Mr. Garfinkel has extensive experience in family court and has an active and well-respected practice. The Committee's findings with respect to Mr. Garfinkel are in direct contravention of the Bar Association's rating of Mr. Garfinkel, and the Committee was unable to establish any basis for the Bar Association's rating of Mr. Garfinkel as "qualified" instead of "well-qualified." The Committee found no evidence that Mr. Garfinkel's experience or ability is in any way limited as was intimated by the Bar Association.
The Committee found Francis P. "Charlie" Segars-Andrews, candidate for Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1, to have strong qualifications. Ms. Segars-Andrews enjoys an active and well-respected domestic practice.
The Committee also found that David A. Soderlund, Sr., candidate for Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1, has an active and well-respected practice.
The Committee found that the qualifications and past judicial service of J. Seth Whipper, candidate for Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1, are strong. Mr. Whipper currently serves as summary court judge, and the extensive number of character witnesses the Committee interviewed all testified that Mr. Whipper has been an ideal public servant.
Mr. Whipper does have two weapons charges from the early 1970's. The first charge was for carrying a dangerous weapon in Washington D.C. Mr. Whipper received a suspended sentence and was given six months unsupervised probation. Mr. Whipper testified that the weapon was in his automobile when it was towed for parking violations. The second charge was for possession of an unlawful weapon and disorderly conduct in Columbia, South Carolina. Mr. Whipper was fined $120. Mr. Whipper testified that he and his roommate were shopping and there was a disagreement about their ability to move about the store and shop. Law enforcement was called and he didn't remember the weapon was still in his pocket until it was found on the way to the police station. The Committee investigated these charges and found that these charges should carry no negative reflection on his ability to serve as a family court judge.
The Committee does, however, have some concern that Mr. Whipper has limited experience in the practice of law before he became a summary court judge in 1986. Mr. Whipper practiced law from 1984 to 1986 with the legal services office of Charleston County and his cases were 35 to 40% domestic. He testified that he appeared in family court once every three months. Based on this and other evidence, the Committee found that Mr. Whipper is qualified to serve as a family court judge but that his experience is somewhat limited.
Court of Appeals, Seat No. 1
The Committee is impressed with the background and scholarship of The Honorable Carol Connor, candidate for Judge of the Court of Appeals, Seat No. 1. The Committee believes that Judge Connor's previous limited appellate trial experience has been overcome by her significant and distinguished judicial service on the family court and court of appeals.
The Committee believes that Ben A. Hagood, Sr., candidate for Judge of the Court of Appeals, Seat No. 1, has significant experience and is unable to fathom why the Bar Association rated Mr. Hagood merely "qualified" as opposed to "well-qualified" in view of Mr. Hagood's tremendous expertise and his outstanding recommendations. Mr. Hagood has clerked for the Court of Appeals, and his practice has included varied matters such as federal murder cases, personal injury actions in state court, hazardous waste prosecutions, prosecution of large drug distribution rings, and various civil matters. The Committee can only surmise that the Bar Association's rating is based on Mr. Hagood's lack of previous judicial experience and his relative youth. However, the Committee may never know the basis of the Bar Association's rating because of the Bar's unwillingness to come forth with its reasons. The Committee strongly rejects the notion that lack of prior judicial experience or youth should disqualify one for service on the Court of Appeals.
The Committee believes that Charles B. Simmons, Jr., candidate for Judge of the Court of Appeals, Seat No. 1, has an impressive and extensive record as a practicing attorney, a master-in-equity, and as a teacher of law-related courses. Mr. Simmons gave strong responses to the Committee's questions on ethics and indicated that he has and will continue to carefully avoid conduct with even an appearance of impropriety.
The Committee finds that Thomas E. Huff, candidate for Judge of the Court of Appeals, Seat No. 1, has extensive and wide experience and that perhaps the Bar Association's rating of Mr. Huff as "not-qualified" is unjustified for two reasons. First, the Bar Association's definition of experience is limited and apparently does not include non-trial practice. Many of the most respected attorneys in this State do not have significant trial experience because their practices involve matters which do not take them to court on a regular basis. By limiting its definition of experience to require extensive trial appearances, the Bar Association is excluding the majority of this State's lawyers from service on the bench. The Committee believes that trial experience is particularly not required for service on an appellate court. Second, as with Messrs. Garfinkel, Whipper and Hagood, this Committee took the extraordinary step of interviewing witnesses and gathering additional information about the candidates' reputations and experience.
The Committee found that Mr. Huff does have significant experience and an active practice. The evidence the Committee considered, which included the testimony of witnesses which were interviewed by the Bar Association, is in direct contravention of the Bar Association's rating. Mr. Huff has considerable and varied experience in trial and non-trial matters. Mr. Huff testified that he has tried cases in general sessions, court of common pleas, master-in-equity, family court, magistrate's court, and municipal court and that he has limited experience in federal court. Mr. Huff also testified that he has given legislative updates on family law to the SC Trial Lawyers and has spoken at seminars on auto insurance.
The Committee finds that the complaint against Mr. Huff made by Ms. Carolyn Anderson Bazzle focused on four major issues. Ms. Bazzle's first allegation was that Mr. Huff incorrectly completed her occupational injury due to toxic chemicals exposure form ("form 50") by listing her injury as a lungs injury rather than a whole-body injury. Ms. Bazzle alleged that this error limited her long-term capability to receive compensation for her medical treatment. This allegation was addressed by the Workers' Compensation Commission and, while the matter is currently on appeal to circuit court, this Committee finds the Commission's decision persuasive. Ms. Bazzle's second allegation was that Mr. Huff falsified dates on various documents, but the Committee found no evidence in support of this allegation. Ms. Bazzle's third allegation was that she agreed to pay legal fees in an amount of no more than one-third of her recovery and that Mr. Huff promised that there would be no more money ever charged, but that Mr. Huff later charged her more money. This allegation was also addressed by the Workers' Compensation Commission (and is currently on appeal), and the Committee agrees with the Commission's finding that a contract for representation does not entitle any litigant to a perpetual right to legal services. Ms. Bazzle's fourth allegation is that Mr. Huff and several of his associates had conflicts of interest with her case, but the Committee found no evidence in support of this allegation.
Summary
The following persons were unanimously found qualified.
The Honorable John P. Gardner, Sr., candidate for Chief Judge of the Court of Appeals, Seat No. 5;
The Honorable William T. Howell, candidate for Chief Judge of the Court of Appeals, Seat No. 5;
The Honorable Curtis G. Shaw, candidate for Judge of the Court of Appeals, Seat No. 2;
Paul W. Garfinkel, candidate for Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1;
Francis P. "Charlie" Segars-Andrews, candidate for Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1;
David A. Soderlund, Sr., candidate for Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1;
J. Seth Whipper, candidate for Judge of the Family Court of the Ninth Judicial Circuit, Seat No. 1;
The Honorable Walter J. Bristow, Jr., for service as a retired Circuit Court Judge;
The Honorable Luke N. Brown, Jr., for service as a retired Circuit Court Judge;
The Honorable Frank Eppes, for service as a retired Circuit Court Judge;
The Honorable William J. McLeod, for service as a retired Family Court Judge;
The Honorable Willie T. Smith, Jr., for service as a retired Family Court Judge;
The Honorable Carol Connor, candidate for Judge of the Court of Appeals, Seat No. 1;
Ben A. Hagood, Jr., candidate for Judge of the Court of Appeals, Seat No. 1;
The Honorable William T. Howell, candidate for Judge of the Court of Appeals, Seat No. 1;
Thomas E. Huff, candidate for Judge of the Court of Appeals, Seat No. 1; and
The Honorable Charles B. Simmons, Jr., candidate for Judge of the Court of Appeals, Seat No. 1.
Respectfully submitted,
/s/Senator Glenn F. McConnell, Chairman
/s/Rep. James H. Hodges, Vice-Chairman
/s/Senator Thomas L. Moore
/s/Senator Edward E. Saleeby
/s/Senator John R. Russell
/s/Rep. M. O. Alexander
/s/Rep. Donald W. Beatty
/s/Rep. C. Lenoir Sturkie
On motion of Rep. HODGES, the Report was ordered printed in the Journal.
The following were received and referred to the appropriate committees for consideration.
Document No. 1631
Promulgated By Department of Consumer Affairs
Pawnbroker Certificate of Authority
Received By Speaker May 18, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date April 24, 1994
Document No. 1649
Promulgated By Law Enforcement Division
Uniform Procedures for Handling of Controlled Substances
Received By Speaker May 18, 1993
Referred to House Committee on Judiciary
120 Day Review Expiration Date April 24, 1994
The following was received.
Columbia, S.C., May 18, 1993
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-90, S. 593 by a vote of 46 to 0.
(R90) S. 593 -- Senators Elliott, Greg Smith and Rankin: AN ACT TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.
Very respectfully,
President
No. 106
Received as information.
The following was received.
May 17, 1993
Mr. Speaker and Members of the House:
I am hereby returning without my approval S. 593, R-90, an Act:
(R90) S. 593 -- Senators Elliott, Greg Smith and Rankin: AN ACT TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.
This veto is based upon an opinion of the Attorney General's Office dated May 17, 1993. The opinion concludes by stating:
The act bearing ratification number 90 of 1993 amends Act No. 337 of 1971, as amended, so as to grant power to the Grand Strand Water and Sewer Authority to round up to the nearest dollar a customer's bill for services rendered by the Authority, and to disburse funds realized for charitable purposes for which the Authority has to [sic] sole discretion to determine. A review of Act No. 337 of 1971 shows that the Grand Strand Water and Sewer Authority is a body politic and corporate whose service area is located wholly within Horry County. Thus, S. 593, R-90 of 1993 is clearly an act for a specific county. Article VIII, Section 7 of the constitution of the State of South Carolina provides the '[n]o laws of a specific county shall be enacted.' Acts similar to S. 593, R-90 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7...
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Keegan Kelley Martin Witherspoon
Those who voted in the negative are:
Worley
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. WILLIAMS, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Blue Cross and Blue Shield of South Carolina for a softball game, May 19, 1993, 6:00 P.M. - 8:00 P.M. at the Capital City Bombers' Stadium.
The invitation was accepted.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. HODGES, from the Committee on Judiciary, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. T. C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. T. C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. T. C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
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.
Rule 5.12 was waived by a division vote of 30 to 0.
Ordered for consideration tomorrow.
Rep. T. C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. T. C. ALEXANDER, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3984 -- Rep. McAbee: A BILL TO AMEND SECTION 12-36-2120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE SALE OF TANGIBLE PERSONAL PROPERTY SOLD TO CHARITABLE HOSPITALS PREDOMINANTLY SERVING CHILDREN WHICH ARE ALSO EXEMPT FROM THE PROPERTY TAX, WHERE CARE IS PROVIDED WITHOUT CHARGE TO THE PATIENT.
Ordered for consideration tomorrow.
Rep. BOAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4130 -- Rep. Boan: A BILL TO AMEND SECTION 59-115-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY TO ISSUE REVENUE BONDS UNDER THE STATE EDUCATION ASSISTANCE ACT, SO AS TO DELETE A REFERENCE TO THE AGGREGATE PRINCIPAL AMOUNT OF SUCH BONDS WHICH MAY BE OUTSTANDING AT ANY TIME AND PROVIDE FOR A PARITY BOND TEST FOR THE ISSUANCE OF ADDITIONAL BONDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 4202 -- Rep. Koon: A CONCURRENT RESOLUTION CONGRATULATING MS. LORRI L. SHEALY OF LEXINGTON COUNTY ON BEING CHOSEN THE "J. WILL PLESS INTERNATIONAL GRADUATE OF THE YEAR" FOR 1993 BY THE INTERNATIONAL LEGAL FRATERNITY PHI DELTA PHI.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4203 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE TEN OUTSTANDING STUDENTS AT BOILING SPRINGS HIGH SCHOOL AND TO WISH THEM WELL AS THEY CONTINUE TO DISTINGUISH THEMSELVES IN THEIR SCHOOL WORK AND EXTRACURRICULAR ACTIVITIES.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4204 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING MARGARET GRIER OF GREENVILLE COUNTY FOR HER MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO EDUCATION AND WISHING HER HAPPINESS IN HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. FAIR, with unanimous consent, the following was taken up for immediate consideration:
H. 4205 -- Rep. Fair: A HOUSE RESOLUTION TO AUTHORIZE THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF GREATER GREENVILLE TO USE THE HOUSE CHAMBER AND THE COMMITTEE HEARING ROOMS IN THE BLATT BUILDING ON THURSDAY, DECEMBER 2, 1993, AND FRIDAY, DECEMBER 3, 1993, TO CONDUCT A YOUTH IN GOVERNMENT PROGRAM.
Whereas, the Youth in Government program is designed to provide first-hand experience in the state legislature and government affairs for high school students; and
Whereas, students taking part in the program will run for statewide office, pass legislation, and organize their own government; and
Whereas, the purpose of the Young Men's Christian Association's Youth in Government program is to encourage our youth to develop enthusiasm and appreciation for government and community affairs. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House authorize the Young Men's Christian Association of Greater Greenville to use the House Chamber and the committee hearing rooms in the Blatt Building on Thursday, December 2, 1993, and Friday, December 3, 1993, to conduct a Youth in Government program.
Be it further resolved that House security shall provide assistance and access as necessary for this meeting in accordance with applicable procedures.
Be it further resolved that a copy of this resolution be forwarded to Mitch Dorman, Sergeant at Arms.
The Resolution was adopted.
The Senate sent to the House the following:
S. 783 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1 WHOSE TERM EXPIRES JUNE 30, 1993.
The Concurrent Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
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 Concurrent Resolution was ordered referred to the Committee on Judiciary.
The Senate sent to the House the following:
S. 785 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO CONGRATULATE MARY WOODS OF TAYLORS UPON RECEIVING THE NATIONAL DISTINGUISHED PRINCIPAL AWARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 786 -- Senators Mitchell, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Macaulay, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Stilwell, Thomas, Waldrep, Washington, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS SYMPATHY TO THE FAMILY OF BELTON OSWALD "TOMMY" THOMASON, JR., OF GREENVILLE UPON HIS DEATH.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. J. WILDER, with unanimous consent, the following was taken up for immediate consideration:
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.
Whereas, the General Assembly recognizes that health care and its financing will be one of the major issues facing the State during the next decade; and
Whereas, the General Assembly recognizes the need for effectively integrating health policymaking and quality health data as the State begins molding and shaping its health care delivery system to be both responsive and affordable; and
Whereas, the General Assembly desires to create a climate of competitiveness for the state's health providers and business communities while at the same time affording South Carolinians access to affordable and quality health care; and
Whereas, the State Budget and Control Board, Division of Research and Statistical Services, was created in 1950 and charged with gathering, analyzing, and publishing data vital to the social, health, and economic well-being of South Carolina; and
Whereas, the division has become well-credentialed in the area of health statistics and research since 1975 by building health data systems for both public and private sector use in South Carolina; and
Whereas, the division has been nationally recognized for its extensive hospital discharge data system, for its health manpower, health education, and health facilities data systems, and for its ambulatory medical care data system, as well as for other data systems efforts; and
Whereas, through the efforts of Phase I of the Governor's Health Policy and Data Integration Project, funded by the Robert Wood Johnson Foundation, the State has developed a health statistics systems improvement plan based on the identification of priority health issues to assist the many public and private policy makers within the State in addressing their health care concerns, including legislators, state agencies, and the private sector; and
Whereas, participation in Phase II of this project should be vigorously pursued by the Governor's office in that the results of Phase II will enhance significantly the state's ability to produce data that will be critical to the state's future health policy development. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the House of Representatives and the Senate commend the Governor's office and the State Budget and Control Board, Division of Research and Statistical Services, for their outstanding efforts in Phase I of the Governor's Health Policy and Data Integration Project and strongly support and encourage the Phase II Project implementation efforts which will assist policymakers in addressing the state's health care needs.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4207 -- Reps. Quinn, Wright and Riser: A CONCURRENT RESOLUTION TO CONGRATULATE DUTCH FORK ELEMENTARY SCHOOL IN SCHOOL DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES UPON BEING DESIGNATED AMONG "AMERICA'S BEST" SCHOOLS BY REDBOOK MAGAZINE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4208 -- Rep. Harrell: A JOINT RESOLUTION TO EXTEND THE EXPIRATION DATE OF EXISTING TRANSITIONAL REAL ESTATE APPRAISER LICENSES ISSUED UNDER SECTION 40-60-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO MAY 1, 1994, OR UNTIL AN APPRENTICE APPRAISER CLASSIFICATION IS ESTABLISHED BY STATUTE, WHICHEVER OCCURS FIRST.
Rep. HARRELL moved to waive Rule 5.12, which was agreed to by a division vote of 23 to 0.
On motion of Rep. HARRELL, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 4209 -- Rep. Corning: A BILL TO ESTABLISH THE OFFICE OF SCIENCE AND TECHNOLOGY AS AN INDEPENDENT AGENCY OF THE EXECUTIVE BRANCH OF STATE GOVERNMENT FOR THE PURPOSE OF EVALUATING TECHNOLOGY FOR STATE AND LOCAL GOVERNMENT OPERATIONS AND MAKING FINDINGS AND RECOMMENDATIONS REGARDING SUCH TECHNOLOGY, AND TO PROVIDE FOR THE DUTIES AND RESPONSIBILITIES OF THIS OFFICE AND FOR RELATED MATTERS.
Referred to Committee on Ways and Means.
H. 4210 -- Reps. Sheheen and Rhoad: A JOINT RESOLUTION TO PROVIDE THAT IF THE ENVIRONMENTAL PROTECTION AGENCY OR THE UNITED STATES CONGRESS EXTENDS CERTAIN EFFECTIVE DATES IN THE RCRA SUBTITLE D MUNICIPAL SOLID WASTE LANDFILL CRITERIA, ANY EXTENSION APPLIES TO ALL MUNICIPAL SOLID WASTE LANDFILLS IN THIS STATE TO WHICH THE CRITERIA APPLY.
Rep. RHOAD moved to waive Rule 5.12, which was agreed to by a division vote of 16 to 0.
On motion of Rep. RHOAD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
S. 293 -- Senators Mitchell and Mescher: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY TRAILER, SEMITRAILER, POLE TRAILER, OR UTILITY TRAILER MUST BE PAINTED WITH A LIGHT REFLECTING PAINT OR AFFIXED WITH A LIGHT REFLECTING TAPE IN A STRIP TO ENCOMPASS THE ENTIRE PERIMETER OF THE VEHICLE.
Referred to Committee on Education and Public Works.
S. 774 -- Senator Bryan: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF PHARMACY, RELATING TO PATIENT COUNSELING, PROSPECTIVE DRUG REVIEW, AND PATIENT RECORDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1610, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
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. Barber Baxley Beatty Boan Breeland Brown, G. Brown, J. Byrd Carnell Cato Chamblee Cobb-Hunter Cooper Corning Cromer Delleney Elliott Fair Farr Fulmer Gamble Gonzales Govan Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harwell Haskins Hines Hodges Holt Houck Huff Hutson Jaskwhich Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Lanford Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McLeod McMahand McTeer Meacham Moody-Lawrence Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rogers Rudnick Scott Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Sturkie Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkes Wilkins Witherspoon Worley Wright Young, A.
I came in after the roll call and was present for the Session on Wednesday, May 19.
Roger M. Young G. Ralph Davenport, Jr. Henry E. Brown, Jr. Sandra S. Wofford James N. Law Dewitt Williams Joseph H. Neal Dell Baker Joseph T. McElveen, Jr. Larry L. Koon C. Alex Harvin, III James H. Harrison Charles R. Sharpe Eugene C. Stoddard H. Howell Clyborne, Jr. Curtis B. Inabinett
LEAVE OF THE HOUSE GRANTED
The SPEAKER granted Reps. STODDARD, CLYBORNE and INABINETT a leave of the House for screening of candidates for trustees for universities and colleges.
I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, May 19.
RALPH W. CANTY
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 Tuesday, May 18.
Announcement was made that Dr. Gary Haynes of Charleston is the Doctor of the Day for the General Assembly.
Reps. G. BROWN and NEAL presented the Hillcrest High School "Wildcats" Boys Basketball Team, their coach and other school officials, and congratulated them for being the winners of the 1993 AAAA State Championship.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 748 -- Senator Passailaigue: A BILL TO AMEND SECTION 7-7-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO DIVIDE CHARLESTON PRECINCT 3 INTO CHARLESTON 3 AND CHARLESTON 3A, TO DIVIDE FOLLY BEACH INTO FOLLY BEACH A AND FOLLY BEACH B, AND TO CHANGE THE REFERENCE DATE FOR THE DELINEATION OF PRECINCT LINES AS SHOWN ON THE OFFICIAL MAP OF THE UNITED STATES CENSUS BUREAU ON FILE WITH THE DIVISION OF RESEARCH AND STATISTICAL SERVICES OF THE STATE BUDGET AND CONTROL BOARD.
S. 416 -- Senators McConnell and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-712 SO AS TO EXEMPT FROM REPORTING ON THE ANNUAL STATEMENT OF ECONOMIC INTEREST REQUIRED TO BE FILED BY MEMBERS OF THE GENERAL ASSEMBLY ANY ENTRY ARISING FROM ATTENDANCE AT AN EVENT ON THE INVITATION OF A LOBBYIST'S PRINCIPAL WHEN THE INVITATIONS COMMITTEE OF EITHER HOUSE OF THE GENERAL ASSEMBLY ACCEPTED THE INVITATION OR SUCH AN INVITATION EXTENDED TO ALL MEMBERS OF A COUNTY LEGISLATIVE DELEGATION.
The following Bill was taken up.
H. 4192 -- Reps. Wright, Gamble and Spearman: A BILL TO ABOLISH THE LEXINGTON COUNTY BOARD OF EDUCATION AND DEVOLVE ITS POWERS AND DUTIES ON THE RESPECTIVE SCHOOL DISTRICT BOARDS OF TRUSTEES IN LEXINGTON COUNTY.
Rep. STUART moved to adjourn debate upon the Bill.
Rep. GAMBLE moved to table the motion, which was agreed to by a division vote of 3 to 2.
The Bill was read the third time and ordered sent to the Senate.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4198 -- Rep. Baxley: A BILL TO AMEND SECTION 7-7-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN DARLINGTON COUNTY, SO AS TO REVISE THE DATE ON THE MAP WHICH DEFINES THE LINES OF THESE VOTING PRECINCTS.
S. 769 -- Senator Martin: A BILL TO AMEND SECTION 7-7-450, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN PICKENS COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
S. 580 -- Senator Williams: A BILL TO AMEND SECTION 7-17-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTION PROTESTS AND CONTESTS, SO AS TO PROVIDE THAT A PROTEST OR CONTEST MUST BE FILED IN WRITING WITH THE CHAIRMAN OF THE COUNTY BOARD OF CANVASSERS BY NOON WEDNESDAY FOLLOWING THE DATE OF THE DECLARATION BY THE BOARD OF THE RESULTS OF THE ELECTION; TO AMEND SECTION 7-17-50, RELATING TO HEARINGS ON PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST ON MONDAY NEXT FOLLOWING THE DEADLINE FOR FILING THE PROTEST OR CONTEST; TO AMEND SECTION 7-17-70, RELATING TO THE HEARING OF APPEALS, SO AS TO PROVIDE THAT THE BOARD OF STATE CANVASSERS SHALL MEET TO HEAR APPEALS NO LATER THAN NOON MONDAY NEXT FOLLOWING THE FILING OF ANY NOTICE; TO AMEND SECTION 7-17-260, RELATING TO PROTESTED OR CONTESTED CASES DECIDED BY THE BOARD OF STATE CANVASSERS, SO AS TO PROVIDE THAT THE STATE BOARD SHALL DECIDE ALL CASES UNDER PROTEST OR CONTEST THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE SENATE AND THE STATE HOUSE OF REPRESENTATIVES; AND TO AMEND 7-17-270, RELATING TO THE HEARING OF PROTESTS OR CONTESTS, SO AS TO PROVIDE THAT THE BOARD SHALL HEAR A PROTEST OR CONTEST NOT LATER THAN THE TWENTY-FIFTH DAY FOLLOWING RECEIPT OF THE PROTEST.
Rep. HODGES explained the Bill.
S. 170 -- Senators Giese and Rose: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF PRESCRIPTION DRUGS, SO AS TO ALSO REQUIRE A PRESCRIPTION FOR THE SALE OF CERTAIN DEVICES USED IN DIAGNOSIS AND TREATMENT AND TO PROVIDE REQUIREMENTS FOR AN EMERGENCY REFILL OF A PRESCRIPTION DRUG.
Rep. HOUCK explained the Bill.
S. 348 -- Senator Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-45-215 SO AS TO AUTHORIZE THE STATE BOARD OF PHYSICAL THERAPY EXAMINERS TO IMPOSE A CIVIL PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-45-30, RELATING TO THE STATE BOARD, SO AS TO AUTHORIZE THE BOARD TO PROMULGATE REGULATIONS REGULATING THE PRACTICE OF PHYSICAL THERAPY, QUALIFICATIONS FOR REGISTERING, ESTABLISHING A CODE OF ETHICS, AND FIXING FEES; TO AMEND SECTION 40-45-200, RELATING TO GROUNDS FOR REFUSAL, SUSPENSION, OR REVOCATION OF REGISTRATION OF PHYSICAL THERAPISTS, SO AS TO PROVIDE ADDITIONAL GROUNDS; AND TO AMEND SECTION 40-45-250, AS AMENDED, RELATING TO INVESTIGATIONS AND PROSECUTIONS OF PERSONS VIOLATING THE PHYSICAL THERAPY PRACTICE ACT, SO AS TO AUTHORIZE THE BOARD TO SEEK INJUNCTIVE RELIEF; AND TO REPEAL SECTION 40-45-60, RELATING TO THE AUTHORITY OF THE BOARD TO ADOPT RULES.
S. 653 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1531, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 654 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO PHYSICIAN ASSISTANTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1625, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3369 -- Reps. Fair, Jaskwhich, Wright, Allison, Byrd, Fulmer, Kelley, Kennedy, McMahand and Littlejohn: A BILL TO AMEND CHAPTER 32, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPREHENSIVE HEALTH EDUCATION PROGRAM, BY ADDING SECTION 59-32-1 SO AS TO ADD THE PURPOSE OF THE PROGRAM; AND TO AMEND SECTION 59-32-60, RELATING TO COMPLIANCE WITH CHAPTER 32, SO AS TO PROVIDE FOR ADDITIONAL DUTIES OF THE STATE DEPARTMENT OF EDUCATION.
Rep. JASKWHICH explained the Bill.
H. 3839 -- Reps. Moody-Lawrence, R. Smith, McMahand, Inabinett, Hines, Kirsh, Simrill, Jaskwhich, Richardson, Cobb-Hunter, Neilson, McLeod, Stuart, Meacham, Thomas, Anderson, Neal, Breeland, Farr, Davenport, Holt, Littlejohn, Stille, Beatty, Byrd, Whipper, Rudnick, Wright and Harrell: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY POLE TRUCK OR TRAILER MUST BE PAINTED WITH A STRIP OF LIGHT REFLECTING PAINT, TAPE, OR REFLECTORS ON THE EXTERNAL SIDES OF THE POLE SUPPORT FRAME OR BOLSTERS.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. MARTIN having the floor.
H. 3345 -- Reps. Jennings, Martin and Huff: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON UNDER THE AGE OF TWENTY-ONE WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FOUR ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-286 SO AS TO PROVIDE THAT THE DEPARTMENT SHALL SUSPEND FOR NINETY DAYS THE DRIVER'S LICENSE OF ANY PERSON TWENTY-ONE YEARS OF AGE OR OLDER WHO IS DETERMINED TO HAVE A BLOOD ALCOHOL CONTENT OF FIFTEEN ONE-HUNDREDTHS OF ONE PERCENT OR ABOVE WHEN OPERATING A MOTOR VEHICLE, TO PROVIDE THE PROCEDURES TO BE FOLLOWED FOR THIS SUSPENSION AND THAT IT IS IN ADDITION TO ANY OTHER PENALTIES IMPOSED BY LAW; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2951 SO AS TO PROVIDE THAT A PERSON ARRESTED FOR CERTAIN VIOLATIONS OF LAW REGARDING THE CONSUMPTION OF ALCOHOL WHILE DRIVING A MOTOR VEHICLE MUST HAVE HIS CONDUCT VIDEOTAPED AT THE LOCATION HE IS TAKEN FOR PURPOSES OF ADMINISTERING A CHEMICAL TEST OF HIS BREATH, TO PROVIDE THE PROCEDURES WHICH MUST BE FOLLOWED FOR THIS VIDEOTAPING AND FOR THE FEE TO BE ASSESSED IN THESE CASES.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 18, by the Committee on Judiciary.
Rep. MARTIN relinquished the floor.
Rep. WILKINS moved to adjourn debate upon the Bill until Thursday, May 20, which was adopted.
The following Bill was taken up.
H. 4111 -- Reps. Harrell, Govan, Fulmer, Graham, H. Brown, Hutson, Marchbanks, Whipper, Kelley, Kirsh, Meacham, Hodges, D. Smith, Moody-Lawrence, Gonzales, Rogers, Waites, Quinn, Holt, Trotter, Breeland, Hallman, Simrill, Richardson, Felder, Stille, Wells, Phillips, Thomas, Elliott, McAbee, R. Young, Witherspoon, J. Bailey, Neal, Keegan, Inabinett, Wilkins, J. Wilder, Klauber, Law, Carnell, Worley, Beatty, Barber, Lanford, Clyborne, Haskins, McTeer, Allison, Tucker, Neilson, J. Brown and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-3-615 SO AS TO PROVIDE THAT IF A TOLL IS ADMINISTERED ON A PROJECT BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, THE TOLL MUST BE USED TO PAY FOR THAT PROJECT ONLY AND MUST BE REMOVED WHEN THE PROJECT IS PAID FOR.
Rep. HARRELL proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10598AL.93), which was adopted.
Amend the bill, as and if amended, Section 57-3-615, p. 1, by striking lines 26 and 27 and inserting:
/the construction, maintenance costs, and other expenses for only that project./
Renumber sections to conform.
Amend totals and title to conform.
Rep. HARRELL 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. 3531 -- Reps. Littlejohn, G. Bailey and Walker: A BILL TO AMEND CHAPTER 25, TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR SMOKE DETECTOR REQUIREMENTS IN RESIDENTIAL DWELLINGS, INCLUDING MANUFACTURED HOUSING, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 13, by the Committee on Labor, Commerce and Industry.
Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
Rep. G. BAILEY proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10606JM.93), which was adopted.
Amend the bill, as and if amended, by striking subsection (C) of Section 5-25-1330, as contained in SECTION 1, and inserting:
/(C) Upon learning that a smoke detector is deficient, the owner shall repair or replace the detector within fifteen days. No obligation is created hereby for the owner to replace or repair a detector that has been deliberately tampered with, damaged, or destroyed by the tenant or any person authorized to reside in the residence by the tenant nor is an obligation created hereby for the owner to provide batteries for battery-powered detectors allowed under Section 5-25-1320./
Amend further by striking the /./ at the end of Section 5-25-1340, as contained in SECTION 1, and inserting:
/; however, violation of the provisions of this section shall not affect the validity of the conveyance./
Amend further by adding in SECTION 1 a Code Section 5-25-1390, as follows:
/Section 5-25-1390. Failure to comply with the provisions of this article shall not subject the owner, owner's agent, tenant, seller, or purchaser to any additional civil liability beyond that otherwise provided by statute or common law./
Amend title to conform.
Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
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 #: H. 3531 General Subject Matter: Smoke Alarm
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. GEORGE H. BAILEY
The following Bill was taken up.
H. 3678 -- Reps. Houck, Cobb-Hunter, Haskins, Mattos, Scott, G. Brown, Neal, Chamblee, Elliott, Stuart, McLeod, M.O. Alexander, D. Wilder and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-175 SO AS TO REQUIRE HOSPITALS TO PROVIDE THE DIVISION OF RESEARCH AND STATISTICAL SERVICES CERTAIN FINANCIAL INFORMATION AND TO AUTHORIZE PENALTIES PURSUANT TO REGULATION.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11371AC.93), which was adopted.
Amend the bill, as and if amended, by striking all after enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 44-6-175. (A) Annually, when a hospital submits its Medicare Cost Report to the Health Care Financing Administration, the hospital shall file a copy of the report with the Division of Research and Statistical Services of the State Budget and Control Board including the following information:
(1) information detailing its assets and liabilities; and
(2) a statement of income, expenses, profits, and losses.
(B) The division shall promulgate regulations to carry out this section."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HOUCK 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. 3975 -- Reps. Rogers and Waites: A BILL TO AMEND SECTION 24-13-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED FURLOUGH DURING THE LAST SIX MONTHS OF AN INMATE'S SENTENCE, SO AS PROVIDE THAT FURLOUGH DOES NOT APPLY TO VIOLENT OFFENDERS WHO QUALIFY UNDER THE RULES, REGULATIONS, CONDITIONS, AND ELIGIBILITY CRITERIA PROVIDED IN SECTION 24-13-710.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30133DW.93), which was adopted.
Amend the bill, as and if amended, page 1, line 29, by striking /16-1-70/ and inserting /16-1-60/; beginning on line 35 by striking /under Section 24-13-710/ and inserting /under Section 24-13-710/; beginning on line 37 by striking /rules, regulations, conditions, and eligibility criteria provided under/ and inserting /selection criteria and process authorized by/.
When amended, Section 24-13-720 of the 1976 Code, as contained in SECTION 1, shall read:
/Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 shall may, within six months of the expiration of his sentence, be placed with the program provided for in Section 24-13-710 and shall be is subject to every rule, regulation, and condition of such the program. No inmate otherwise eligible under the provisions of this section for placement with the program under Section 24-13-710 may be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to eligibility for placement with such the program./
Amend title to conform.
Rep. LANFORD 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. 585 -- Senator Bryan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-165 SO AS TO REQUIRE A FINGERPRINT REVIEW OF PERSONS APPLYING TO BECOME AN ADMINISTRATOR OF A HEALTH CARE FACILITY REQUIRED TO OBTAIN A CERTIFICATE OF NEED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7226BD.93), which was adopted.
Amend the bill, as and if amended, SECTION 1, page 1, line 21, by striking /Section 40-35-40(D)/ and inserting /Section 40-35-30(D)/, so that when amended SECTION 1 reads:
/SECTION 1. Section 40-35-30(D) of the 1976 Code, as last amended by Act 605 of 1990, is further amended to read:
"(D) Each applicant for a nursing home administrator or community residential care facility administrator license shall request undergo a state fingerprint review to be conducted by the State Law Enforcement Division to conduct a determine state criminal records check and to furnish history and a federal fingerprint review to be conducted by the Federal Bureau of Investigation to determine other criminal history. The results of the reviews must be furnished to the board by the applicant before initial licensing. If a fee is charged by the Federal Bureau of Investigation for the review, it must be paid by the applicant. This action is required of each owner and administrator of a proprietorship or partnership. In the case of a corporation, this action is required of each owner of five percent or more of each class of outstanding stock, and the chairman of the board and president. Where licensees are governmental agencies, the criminal records check must be obtained on the individual who is the administrator of the governmental facility. The board may deny an application for licensure where the results of the check reviews meet the misconduct provisions of Section 40-35-130(11)."/
Amend further by striking SECTION 2, page 2, beginning on line 7, and inserting:
/SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CHAMBLEE 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.
S. 652 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PODIATRY EXAMINERS, RELATING TO LICENSE AND FEES TO PRACTICE PODIATRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1525, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. CHAMBLEE moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4638AL.93).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 59-24-60. In addition to other provisions required by law or by regulation of the State Board of Education, school administrators must contact law enforcement authorities immediately upon notice that a person, who is not currently enrolled or employed by the school, is engaging or has engaged in activities on school property or at a school sanctioned or sponsored activity which may result or results in injury or serious threat of injury to the person or to another person or his property as defined in local board policy."/
Amend title to conform.
Rep. WRIGHT explained the amendment and moved to adjourn debate upon the Bill until Tuesday, May 25, which was adopted.
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 explained the Bill and moved to adjourn debate upon the Bill until Thursday, May 20, which was adopted.
The following Bill was taken up.
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.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15532SD.93), which was adopted.
Amend the bill, as and if amended, by striking all after the title and inserting:
/Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-139-10. For fiscal year 1993-94, school districts must use the funds appropriated for the early intervention program in accordance with the stated options, but are not required to continue with their first year options after one year if measures of effectiveness do not show academic improvement and the developed or approved plans support another option.
Section 59-139-20. (A) By fiscal year 1994-95, schools are required to develop and implement a plan prescribed by the State Board of Education through the State Department of Education, known as an 'Early Intervention Program' which shall consist of an early childhood component for pre-kindergarten through third grade and an intermediate component for fourth grade through twelfth. The purposes of the program are to:
(1) focus the state's resources on effective prevention of academic deficits;
(2) emphasize an early childhood education so children are better prepared for school; and
(3) establish the expectation that by providing extra assistance, all students will graduate from high school with their peers.
(B) To achieve these purposes, each school shall:
(1) based on the school improvement council needs assessment, and the option chosen for fiscal year 1993-94, develop a plan addressing identified needs by developing goals, objectives, strategies, timelines, and cost estimates. The plan must include an evaluation component aligned with the goals and objectives of the program. Measures of effectiveness must provide data regarding what difference the program has made, and whether the activity should be continued, modified, or terminated;
(2) implement the plan according to identified timelines and strategies.
The school improvement council established in Section 59-20-60 shall assist in the development of the school plan required by this section.
(C) In developing the plans for the early childhood component, schools with grades pre-kindergarten to third grade shall integrate planning and direction of current preschool and K-3 programs, include participation in a parenting/family literacy program pursuant to Section 59-1-450 and choose one or a combination of the following options:
(1) expanded kindergarten day;
(2) reduction in kindergarten to third grade pupil-teacher ratios;
(3) programs for three-year-olds;
(4) floating teachers or teacher assistants in grades one through third assigned to work with students with academic difficulties; and
(5) alternative option.
(D) In developing the plans for the intermediate component, schools with grades four through twelve shall include a parental involvement program pursuant to Section 59-65-15, emphasize assistance to students at the time of need, and address an alternative to year-long pull-out programs by choosing one or a combination of the following options:
(1) extended day or weekend program, or both;
(2) extended school year;
(3) tutorial program;
(4) floating teachers or teacher assistants assigned to work with students with academic difficulties; and
(5) alternative option.
(E) If an alternative option is chosen, it should be based on the needs assessment and on strategies found to be effective in education research. Those strategies found to be effective in the Target 2000 Dropout Prevention and Retrieval projects should be considered as an option.
(F) The plan must be submitted to the State Department of Education to be subjected to a peer review process. The department shall implement a process whereby groups of peers are selected and provided appropriate reviewer training. Teams of peers must be convened for the purpose of reviewing the plans.
The peer review committee may approve, provisionally approve upon revisions of the plan in accordance with recommendations, or disapprove the plans. If the peer review committee disapproves the plan, the committee, in consultation with the State Department of Education staff, shall return the plan with specific recommendations and identify resources for technical assistance. After implementation of the approved plan, the department shall monitor and evaluate the effectiveness of each school plan on an annual basis. Schools under deregulated status are exempt from the peer review process.
Section 59-139-30. The Collaborative Council, working with colleges and universities with teacher education programs, shall develop a document for dissemination to schools that sets forth strategies based on effective research. The format of the document must be prescribed by the State Department of Education. The document shall include descriptions of strategies found to be effective in the Target 2000 pilot projects.
Section 59-139-40. The Office of Professional Development shall coordinate technical assistance using, where appropriate: (1) recognized groups for providing expertise in areas addressed in this chapter, (2) those sites that received pilot funding for projects under Target 2000 Parenting programs pursuant to 59-1-450, (3) those selected Target 2000 Dropout Prevention and Retrieval Projects pursuant to 59-139-45 , and (4) associate schools. The Center for Advancement of Teaching and School Leadership shall identify technical assistance sites by type of program. Continued funding for associate schools is contingent upon providing technical assistance in accordance with standards established by the center after review by the Commission on Higher Education and the State Department of Education.
Section 59-139-45. Of the Target 2000 Dropout Prevention and Retrieval Projects, an adequate number of sites shall continue to be funded for fiscal years 1993-94 and 1994-95 in order to provide technical assistance to districts and schools in developing their comprehensive long range plan for providing academic assistance to students. The emphasis of the technical assistance should be on strategies for implementing programs which are successful in providing academic assistance at the time of need and increasing the rate of progress of students performing below their peers. Those projects whose evaluations show them to be most effective and agree to serve as technical assistance sites may be selected based on criteria developed by the State Department of Education in consultation with the Select Committee.
Section 59-139-50. The State Board of Education, through the State Department of Education and in consultation with the Select Committee, shall establish an assessment system to evaluate the degree to which the purposes of this chapter are met. To that end, the State Board of Education, through the Department of Education shall:
(1) develop or adapt a developmentally appropriate assessment program to be administered to all public school students by the end of grade three that is designed to measure a student's strengths and weaknesses in skills required to perform academic work considered to be at the fourth grade level. Information on each student's progress and on areas in need of improvement must be provided to the student's parent and fourth grade teacher. Aggregated information on student progress must be given to the students' kindergarten through third grade schools so that deficiencies in the schools' academic programs can be addressed;
(2) review the performance of students on the eighth grade basic skills assessment test and performance on the exit examination pursuant to Section 59-30-10, or their equivalent, for progress in meeting the skill levels required by these examinations. Student data must be aggregated by the schools the students attended so that programs' deficiencies can be addressed;
(3) review the data on students over age for grade in each school at grades four and nine;
(4) monitor the performance of schools and districts so that continuing weaknesses in the programs preparing students for the fourth grade, ninth grade, and exit examination shall receive special assistance from the Department of Education; and
(5) proposesother methods or measures for assessing how well the purposes of this chapter are met.
Section 59-139-60. Funding for each of the schools shall be distributed upon approval of the plan by the peer review committee. Continued funding is contingent upon a favorable review pursuant to subsequent periodic evaluations.
Section 59-139-70. For fiscal year 1993-94, funds must be allocated to schools on the same percentage as they received funds for the Remedial and Compensatory Programs for fiscal year 1992-93. By October 1, 1993, the State Department of Education shall recommend an allocation formula to the House Ways and Means Committee and the Senate Finance Committee for appropriations beginning in fiscal year 1994-95."
SECTION 2. Section 59-1-450 of the 1976 Code is amended to read:
"Section 59-1-450. Upon the appropriation of funds by the General Assembly for this purpose, the State Department of Education is directed to review programs which are effective in providing The State Board of Education, through the Department of Education and in consultation with the Select Committee, shall promulgate regulations for establishing parenting/family literacy programs to support parents support in their role as the principal teachers of their preschool children. The purpose of the review is for the State Board of Education to select or adapt a program or programs, after consultation with the Select Committee, for pilot testing in South Carolina during 1989-90 and 1990-91. The selected or adapted The programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.
After pilot testing, the The State Board of Education, through the Department of Education and after consultation with the Select Committee, shall promulgate regulations to implement parent education parenting/family literacy programs in all school districts or consortia of school districts. Implementation of the programs in the districts must be phased in over three years. Priority must be given to serving those parents whose children are considered at-risk for school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, an adequate number of those parenting programs funded under the Target 2000 act shall receive priority in funding for fiscal years 1993-94 and 1994-95 and must be funded at no less than the level received in fiscal year 1992-93 contingent upon their agreeing to provide technical assistance to other districts and schools planning and implementing parenting/family literacy programs in concert with the Department of Education's technical assistance process required in this chapter. Only those projects whose evaluations show them to be most effective may be selected based on criteria developed by the State Department of Education in consultation with the Select Committee.
Beginning in fiscal year 1995-96, for districts with Target 2000 act parenting programs and in fiscal year 1993-94 for all other school districts and district consortia, funding must be allocated to districts and consortia serving more than two thousand pupils on a base amount of not less than forty thousand dollars with any additional appropriation to be distributed based on the number of free and reduced lunch eligible students in grades one through three in a district or consortium relative to the total free and reduced lunch eligible students in grades one through three in the State. each school district must be allocated an amount determined by computing the percentage of all families with children ages birth through five years served statewide as compared with those families who are served by the school district and multiplying this percentage by the total statewide appropriation for the program.
The programs developed in each district and consortium may draw upon lessons learned from parenting programs funded under this section during 1992-93.
An evaluation of the programs pilot-tested shall be provided by March 1, 1991, and of all implemented programs by December first annually thereafter to the Select Committee and Business-Education Subcommittee.
Regulations of the State Board of Education causing parent education programs to be implemented in the school districts must allow districts to develop or select an alternative program for implementation in the district, if the program meets criteria for initial approval by the board. The board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the program which is acceptable to the board or its designee. To continue to use an alternative program, a school district must demonstrate the success of the program in accordance with the approved evaluation component. A school district using an alternative program must receive an allocation from the appropriation by the General Assembly for this program which is equal to the allocation the district would receive if the district used the program or programs selected or adapted by the board.
The State Board of Education, through the Department of Education, in developing the regulations for this program shall consult with representatives of the Department of Health and Environmental Control, Department of Social Services, and Health and Human Services Finance Commission, and with adult education and early childhood specialists. In developing the regulations, the State Board and State Department of Education shall consider the guidelines developed for the Target 2000 act parenting programs and any available evaluation data.
By December, 1993, the chairman of the Human Services Coordinating Council shall convene a committee consisting of supervisors of programs dealing with early childhood and parenting from the Department of Education, Department of Health and Environmental Control, the Department of Social Services, the South Carolina State Library, and the Health and Human Services Finance Commission; at least one representative from each of these agencies who administer these programs at the county and district level; and adult education and early childhood specialists. The executive director of the Finance Commission shall chair this committee. By July 1, 1994, this committee shall report to the Select Committee and the Joint Committee on Children ways to better coordinate programs for parenting and literacy and recommend changes to each agency's state regulations or provisions of law which would better promote coordination of programs. The Department of Health and Environmental Control, the Department of Social Services, the South Carolina State Library, and the Health and Human Services Finance Commission shall direct their employees at the county and district levels to cooperate with school district officials in establishing parenting/family literacy programs."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-1-454. (A) The State Department of Education shall develop a parental involvement program for use in elementary and secondary schools with grades four through twelve. The purpose of the program is to improve parental participation in their child's school progress, ensure a smooth transition between the various levels of schooling and phases of education, increase communication between the school, parent, and child, provide greater accountability between the parent, school, and child, and lessen the possibility on all levels that parents are only provided an opportunity to react to problems involving their child after such problems occur.
(B) The parental involvement program should include such activities as regular visitation by parents to their child's school, involving parents, teachers, and administrators in school training sessions on such issues as communication between the school, parent, and child, student discipline, importance of homework, the taking and understanding of standardized testing and test scores, and general literacy.
(C) Teachers shall maintain a record of parent conferences annually that identify the date, time, and response of parent/teacher conferences."
SECTION 4. Section 59-5-65(8) of the 1976 Code is amended to read:
"(8) Develop and implement regulations requiring all school districts to provide at least one-half day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. These programs must be developed in consultation with the Interagency Coordinating Council on Early Childhood Development and Education. The Interagency Coordinating Council shall consult with the Advisory Committee for Early Childhood Education in developing proposals to submit for State Board of Education consideration. If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on appropriate performance measures. the readiness test and the BSAP tests administered in grades 1, 2, and 3. The Governor shall initiate the development of a state plan on early childhood development and education to assist the state in providing appropriate services for preschool children. This plan must be completed by July 1, 1985.
School districts without an early childhood development program during the 1988-89 school year may obtain a waiver from the regulation requiring provision of a program. The waiver may be granted by the State Board of Education for one year, if a school district is unable to implement a program because of unavailability of classroom space and other facilities, including appropriate facilities which may be rented by the school district at a reasonable fee. School districts which are unable to implement a program because of a lack of district facilities may use a portion of the district's allocation under this program to rent appropriate space for one year. The portion of the district's allocation which may be used for rent must be determined by the State Board of Education in conjunction with the School Board of Trustees."
SECTION 5. Section 59-20-60 of the 1976 Code is amended to read:
"Section 59-20-60. (1) School districts shall give first spending priority of funds allocated under this chapter to full implementation of the defined minimum program.
(2) The State Board of Education shall audit the programmatic and fiscal aspects of this chapter, including the degree to which a school meets all prescribed standards of the defined minimum program and shall report the results in the Annual Report of the State Superintendent of Education. Schools which have been classified as 'dropped' by the defined minimum program accreditation procedures shall are not be eligible for funding in the following fiscal year until an acceptable plan to eliminate the deficiencies is submitted and approved by the State Board of Education.
(3) Each school district board of trustees shall cause each school in the district to prepare an annual written report to be known as the school improvement report. The reports shall focus on factors found by research to be effective in improving schools, these factors to be prescribed by regulation of the State Board of Education. The State Board of Education shall prescribe the format of the reports and the manner in which they must be developed and submitted. The State Board of Education, through the Department of Education, shall require each school and district, no later than the 1994-95 school year, to prepare comprehensive five-year plans with annual updates for improvement to be known as the District and School Renewal Plans. For the 1993-94 school year, districts may submit either a District Improvement Report, consistent with State Department of Education guidelines, or a five-year comprehensive plan consistent with the provisions of this statute. The District and School Renewal Plans shall replace the School Improvement Plan and shall encompass all improvement initiatives. The purpose of the plans is to encourage comprehensive long-term planning through the involvement of all persons with an interest in the educational program. All school and district plans must be reviewed and approved by the local board of trustees. The_District Renewal Plans shall integrate the needs, goals, objectives, strategies, and evaluation methods of the School Renewal Plans. Staff development must be a priority in the development and implementations of the district and school plans and must be based upon an assessment of needs. Long range and short range staff development goals and calendars must be developed.
The State Department of Education shall develop, by September, 1993, a plan for providing technical assistance to districts in conjunction with technical assistance provided in the Early Intervention Program. The technical assistance shall offer help in designing and implementing the plans. The department shall further design a plan for disseminating research in conjunction with the plan set forth in the Early Intervention Program. The State Board of Education, through the State Department of Education, by December, 1993, shall develop criteria for monitoring the district and school plans.
All District and School Renewal Plans shall include a needs assessment, goals, objectives, strategies, timelines, and cost estimates. Plans must further include an evaluation component aligned with the goals and objectives of the plans. Measures of effectiveness must include outcome and process indicators of improvement and must provide data regarding what difference the strategies have made. An annual district programmatic report to the parents and constituents of the school district must be developed by the local school board. An annual school report to the parents and constituents of the school must be developed by the School Improvement Council. Each report shall include the goals and objectives of the school district, the strategies implemented to meet the goals and objectives, and an evaluation of the outcomes. The State Board of Education, through the State Department of Education, shall prescribe the format of the plans and the manner in which they must be developed and submitted.
The District and School Renewal Plans must be responsive to all legislative mandates. Each plan shall provide for an Early Intervention Program and an Innovation Initiative, designed to encourage innovative and comprehensive approaches based on strategies identified in the research literature to be effective. The Innovation Initiative must be utilized by school districts to implement innovative approaches designed to improve student learning and accelerate the performance of all students. Funds may be expended on strategies in one or more of the following four categories:
(a) new approaches to what and how students learn by changing schooling in ways that provide a creative, flexible, and challenging education for all students, especially for those at risk. Performance-based outcomes which support a pedagogy of thinking and active approaches for learning must be supported;
(b) applying different teaching methods permitting professional educators at every level to focus on educational success for all students and on critical thinking skills and providing the necessary support for educational successes are encouraged;
(c) redefining how schools operate resulting in the decentralization of authority to the school site and allowing those closest to the students the flexibility to design the most appropriate education location and practice;
(d) creating appropriate relationships between schools and other social service agencies by improving relationships between the school and community agencies (health, social, mental health), parents and the business community, and by establishing procedures that cooperatively focus the resources of the greater community upon barriers to success in school, particularly in the areas of early childhood and parenting programs, after-school programs, and adolescent services.
Funds appropriated for programs contained in the following sections of the 1992-93 general appropriations act must be allocated for programs for the District School Renewal Plan. The sections of the 1992-93 general appropriations act are as follows:
EIA Competitive School Grants, Part I, Section 28, XVII.C.1.
EIA Target 2000 Innovation Grants, Part I, Section 28, XVII.L.
Higher Order Thinking, Part I, Section 28, XVII.C.1.
EIA In-service, Part I, Section 28, XVII.C.1.
Critical Teaching Areas, Part I, Section 28, XVII.C.1
School Flexibility Grants, Part I, Section 28, XVII.P.
EIA Oral Exam, Part I, Section 28, XVII.L.
Science Teacher Evaluation, Part I, Section 28, XVII.C.6
Funds for the Innovation Initiative must be allocated to districts based upon a fifty percent average daily membership pursuant to the Education Finance Act formula. At least seventy percent of the funds must be allocated on a per school basis for school based innovation in accord with the District-School Renewal Plan. Up to thirty percent may be spent for district-wide projects with direct services to schools. District and school administrators must work together to determine the allocation of funds. Notwithstanding any other provisions of law, districts may carry over all unexpended funds in 1993-94, and up to twenty-five percent of allocated funds each year after 1993-94 in order to build funds for an approved program initiative.
Each school board of trustees shall establish an improvement council at each school in the district composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons elected by the principal. The elected members of the council shall comprise at least a two-thirds majority of the membership of the council. The councils must be constituted in each school no later than January 1, 1978. Each council shall assist in the preparation of the annual school improvement report five-year plan and annual updates required in this section, assist with the development and monitoring of school improvement, provide advice on the use of school incentive grant awards, and provide assistance as the principal may request, as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council shall have has any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this item subsection, when an area vocational center establishes a local school improvement council, it must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to these councils.
In order to provide additional accountability for funds expended under the Education Finance Act and the Education Improvement Act statutory requirements, the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms must be staggered and determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. Within thirty days following the election, the names, addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community must be forwarded to the State Department of Education School Improvement Council Assistance Project at the University of South Carolina for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school.
(4) Each school district board of trustees shall:
(a) Prepare a written appraisal of the school improvement report of each school with emphasis on needs, goals, objectives, needed improvements, and plans for the utilization of resources.
(b) (a) cause to be prepared an annual written report to account for funds expended in each pupil classification as prescribed by the State Board of Education.;
(c) (b) participate in the statewide testing program, which must include nationally normed achievement tests, as prescribed by the State Board of Education.;
(d) (c) maintain an ongoing systematic evaluation of the educational program needs in the district and shall develop a comprehensive annual and long-range plan for meeting these program needs. These plans shall include an assessment of needs. At minimum, the process of assessing needs and establishing goals and objectives shall must be carried out for each of the program classifications specified in Section 59-20-40(1)(c). Each school district board of trustees shall develop and execute a method of evaluating the extent to which the goals and objectives specified in its comprehensive plan are being achieved and shall annually report the results of its evaluation to the people of the school district and to the State Board of Education.
(e) (d) provide a program for staff development for all educational personnel on an annual and long-range basis. A portion of the funds in the foundation program shall must be used for this staff development that may include, but not be limited to:
(1) college courses in education, subject area of certification or management;
(2) teaching center offerings;
(3) State Department of Education workshops; and
(4) district-wide or in-school training for the purpose of fostering professional growth or improving the competency of all educational personnel.
(f) (e) in accordance with the format approved by the State Board of Education, annually submit to the State Board of Education and to the people of the district that district's fiscal report. Each school district shall annually submit to the State Board of Education and to the people of the district that district's programmatic report including results of the required testing program, the annual long-range plan, and the evaluation of program effectiveness by November fifteenth of each year.
(5) The State Department of Education shall:
(a) receive and review the summary report from each school.
(b) (a) review each district's annual fiscal report, annual and long-range plan, and its evaluation of programmatic effectiveness. On the basis of this review the department shall provide information in a published report to the local school board of trustees, the Superintendent and other administrative personnel of the district for improvement in the program and in correcting the deficiencies discovered.;
(c) provide assistance to school districts in improving the programs, correcting the deficiencies, and in carrying out its staff development program.
(d) develop or select and field test a competency based student assessment program in the basic skill areas of reading and mathematics utilizing criterion reference tests.
(e) (b) prepare an annual fiscal and programmatic report to the Governor and the General Assembly beginning the second fiscal year of the operation of this chapter and each year thereafter to assess compliance with the provisions of this chapter and to make recommendations concerning necessary changes in this chapter.;
(f) (c) in compliance with the intent of the chapter, waive the prescribed reporting practices if deemed considered necessary by the State Board of Education and authorize the substitution of alternate reporting practices which accomplish the objectives implied in this section. This waiver shall may not be utilized to avoid full accountability and implementation of this chapter. The State Department of Education shall report in the superintendent's annual report all waivers granted under this section.;
(g) (d) adjust periodically the DMP accreditation standards to reflect the funding levels appropriated under the chapter, consistent with the basis utilized by the General Assembly in establishing the base student cost.
(6) The Legislative Audit Council shall make sample audits beginning the second fiscal year of the operation of this chapter and each year thereafter to assess compliance with the provisions of this chapter. On the basis of these audits, the Legislative Audit Council shall make recommendations to the General Assembly concerning necessary changes in this chapter.
(7) A twelve member Education Finance Review Committee shall must be established to advise the General Assembly and review its implementation of the provisions of this chapter. Such This advice and review may include, but not be limited to:
(a) the cost of the defined minimum program;
(b) provisions included in the defined minimum program;
(c) the pupil classification weights in Section 59-20-40;
(d) the formula for computing required local effort;
(e) the ongoing evaluation of the education program needs of the school districts.
The committee shall must be made up of three representatives from each of the following committees of the General Assembly--: Senate Education, Senate Finance, House Education and Public Works, and House Ways and Means--, to be appointed by each respective chairman. The committee shall seek the advice of professional educators and all other interested persons when formulating its recommendations."
SECTION 6. Section 59-19-340 of the 1976 Code is amended to read:
"Section 59-19-340. The board of trustees of each school district may establish and provide for the education of children who will attain the age of four on or before November first of the applicable school year in child development programs. The board of trustees of school districts having may establish and provide programs serving three and four-year-olds on the date of enactment of this section may continue to serve three-year-old four-year-old children."
SECTION 7. Section 59-5-65 of the 1976 Code is amended by deleting item (9).
SECTION 8. Section 59-20-40 of the 1976 Code is amended by deleting item (7).
SECTION 9. Sections 59-65-410 through 59-65-460 of the 1976 Code are repealed.
SECTION 10. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. JASKWHICH explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. BEATTY 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. RICHARDSON withdrew his objection to the following Bill.
H. 3759 -- Reps. Houck, Robinson, Scott, Carnell, Corning, Byrd, M.O. Alexander, Neal, Wilkins, Beatty and Rudnick: A BILL TO AMEND SECTION 34-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEGAL RATE OF INTEREST, SO AS TO ESTABLISH THE LEGAL INTEREST AT PRIME RATE PLUS ONE PERCENT; TO PROVIDE THAT THE RATE FOR MONEY DECREES AND JUDGMENTS IS PRIME RATE PLUS THREE PERCENT; AND TO PROVIDE HOW PRIME RATE IS TO BE CALCULATED.
Rep. McMAHAND withdrew his objection to the following Bill.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
On motion of Rep. BAXLEY, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 682 -- Senators Courson and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 45 TO CHAPTER 3, TITLE 56, SO AS TO PROVIDE FOR A SPECIAL LICENSE PLATE TO COMMEMORATE ENDANGERED SPECIES AND FOR THE USE OF RELATED REVENUE.
On motion of Rep. PHILLIPS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Education and Public Works.
S. 740 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO LICENSING NONPUBLIC POSTSECONDARY EDUCATIONAL INSTITUTIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1603, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 293 -- Senators Mitchell and Mescher: A BILL TO AMEND SECTION 56-5-4580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADDITIONAL LIGHTING EQUIPMENT ON CERTAIN VEHICLES, SO AS TO PROVIDE THAT EVERY TRAILER, SEMITRAILER, POLE TRAILER, OR UTILITY TRAILER MUST BE PAINTED WITH A LIGHT REFLECTING PAINT OR AFFIXED WITH A LIGHT REFLECTING TAPE IN A STRIP TO ENCOMPASS THE ENTIRE PERIMETER OF THE VEHICLE.
Rule 5.12 was waived by a division vote of 15 to 0.
On motion of Rep. HODGES, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary.
S. 783 -- Senators McConnell, Saleeby, Moore and Russell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, JUNE 2, 1993, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1 WHOSE TERM EXPIRES JUNE 30, 1993.
On motion of Rep. HODGES, with unanimous consent, the following Concurrent Resolution was ordered recalled from the Committee on Judiciary.
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.
On motion of Rep. PHILLIPS, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
H. 3336 -- Reps. Snow, Sharpe, Witherspoon, Rhoad, Riser and Worley: A BILL TO AMEND SECTION 56-1-2070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DRIVERS OF COMMERCIAL VEHICLES TO HAVE COMMERCIAL DRIVERS' LICENSES AND THE EXCEPTIONS TO THE REQUIREMENT, SO AS TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ISSUE RESTRICTED COMMERCIAL DRIVERS' LICENSES IN ACCORDANCE WITH FEDERAL LAW AND APPLICABLE REGULATIONS AND TO ALLOW OPERATORS OF VEHICLES OF FARM-RELATED SERVICE INDUSTRIES TO OPERATE THESE VEHICLES WITH A RESTRICTED COMMERCIAL DRIVER'S LICENSE IF THE VEHICLES ARE OPERATED IN ACCORDANCE WITH APPLICABLE FEDERAL REGULATIONS.
The Senate amendments to the following Bill were taken up for consideration.
H. 3800 -- Reps. Spearman, Sharpe, Koon, Sturkie, Riser, Wright, Gamble and Stuart: A BILL TO AMEND SECTION 5-31-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A PUBLIC WORKS COMMISSION BY ORDINANCE AFTER A BINDING REFERENDUM AND THE ASSUMPTION OF THE DUTIES OF THE COMMISSION BY THE MUNICIPAL GOVERNMENT OF THE PRIMARY AREA SERVED BY THE ABOLISHED COMMISSION AND PROVIDE THAT, AS AN ALTERNATIVE, THE COMMISSION MAY ABOLISH ITSELF BY A MAJORITY VOTE.
Rep. ROBINSON made the Point of Order that the Senate amendments were improperly before the House for consideration since printed copies of the Senate amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
S. 31 -- Senator Moore: A BILL TO AMEND SECTION 6-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF SIGNATURES REQUIRED ON A PETITION TO HAVE A CANDIDATE'S NAME PLACED ON THE BALLOT FOR ELECTION AS A COMMISSIONER OF ANY SPECIAL PURPOSE DISTRICT, SO AS TO REQUIRE AT LEAST FIFTY SIGNATURES OF QUALIFIED ELECTORS, OR FIVE PERCENT, WHICHEVER IS LESSER.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 4135 -- Rep. D. Wilder: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1993.
Rep. D. WILDER moved to adjourn debate upon the Senate amendments until Thursday, May 20, which was adopted.
Rep. HODGES moved to dispense with the Motion Period.
As a first substitute Rep. RICHARDSON moved to recur to the morning hour.
As a second substitute Rep. J. BAILEY moved to recall H. 3243 from the Ways and Means Committee.
Rep. BOAN moved to table the motion.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey, G. Baxley Beatty Boan Brown, G. Byrd Carnell Cobb-Hunter Corning Delleney Elliott Felder Harrelson Harris, J. Harris, P. Harwell Hines Hodges Holt Jennings Keegan Kinon Koon Lanford Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Neilson Phillips Rhoad Riser Robinson Rudnick Scott Sheheen Smith, R. Spearman Stone Sturkie Trotter Tucker Waldrop Whipper White Witherspoon Worley
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, J. Baker Cato Chamblee Cromer Davenport Fair Gamble Gonzales Graham Hallman Harrell Hutson Jaskwhich Kelley Keyserling Kirsh Klauber McElveen Meacham Moody-Lawrence Neal Quinn Richardson Rogers Shissias Simrill Stille Stuart Townsend Vaughn Waites Walker Wilkes Young, A.
So, the motion to recall H. 3243 was tabled.
As a second substitute, Rep. FELDER moved to recall H. 4059 from the Ways and Means Committee, which was agreed to.
Rep. HODGES moved to dispense with the balance of the Motion Period, which was agreed to.
Rep. HODGES 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. 4211 -- Reps. Cooper, Townsend, Stille, Chamblee and P. Harris: A BILL TO AMEND ACT 745 OF 1967, AS AMENDED, RELATING TO THE BOUNDARIES OF WESTERN CAROLINA REGIONAL SEWER AUTHORITY, SO AS TO ADD A NEW AREA TO THE DISTRICT.
Rep. COOPER moved to waive Rule 5.12, which was agreed to by a division vote of 27 to 0.
On motion of Rep. COOPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4212 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2-13-175, SO AS TO PROVIDE THAT A CATCH LINE HEADING OR CAPTION WHICH IMMEDIATELY FOLLOWS THE SECTION NUMBER OF ANY SECTION OF THE CODE OF LAWS MUST NOT BE DEEMED TO BE A PART OF THE SECTION AND MUST NOT BE USED TO CONSTRUE THE SECTION MORE BROADLY OR NARROWLY THAN THE TEXT OF THE SECTION WOULD INDICATE.
Rep. WILKINS moved to waive Rule 5.12, which was agreed to by a division vote of 21 to 0.
On motion of Rep. WILKINS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
Debate was resumed on the following Bill, the pending question being consideration of amendments.
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.
Rep. BYRD proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4657AL.93), which was adopted.
Amend the report of the Committee on Education and Public Works, as and if amended, by striking Section 59-1-454(C), SECTION 3, and inserting:
/(C) Teachers shall maintain a record signed by the parent and teacher of parent conferences annually that identify the date, time, and response of parent/teacher conferences./
Amend title to conform.
Rep. BYRD 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. 352 -- Senators Washington, Jackson, Ford, Glover and Hayes: A BILL TO AMEND SECTION 59-65-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO MANDATORY ATTENDANCE REQUIREMENTS OF CHILDREN IN PUBLIC OR PRIVATE SCHOOLS, SO AS TO DELETE THE EXCEPTION OF A CHILD WHO IS MARRIED OR HAS BEEN MARRIED, AN UNMARRIED CHILD WHO IS PREGNANT, OR A CHILD WHO HAS HAD A CHILD OUTSIDE OF WEDLOCK.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4656AL.93), which was adopted.
Amend the bill, as and if amended, Section 59-65-30, SECTION 1, by striking item (e) and inserting:
/(e) Any child who is married or has been married, any unmarried child who is pregnant or any child who has had a child outside of wedlock. A student who has a child and who is granted a temporary waiver from attendance by the district's attendance supervisor or his designee. The district attendance supervisor may grant a temporary waiver only if he determines that suitable day care is unavailable. The student must consult with the district supervisor or his designee in a timely manner to consider all available day care options or the district shall consider the student to be in violation of this chapter./
Amend title to conform.
Rep. PHILLIPS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. McTEER moved to adjourn debate upon the following Bill until Thursday, May 20, which was adopted.
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.
The following Bill was taken up.
H. 3629 -- Rep. J. Bailey: A BILL TO AMEND SECTION 12-43-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY CLASSIFICATION AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXES, SO AS TO PROVIDE THAT THE FOUR PERCENT ASSESSMENT RATIO FOR OWNER OCCUPIED RESIDENTIAL REAL PROPERTY APPLIES WHEN THE REAL PROPERTY IS HELD IN TRUST AND THE TRUSTEE CERTIFIES TO THE ASSESSOR THAT THE RESIDENCE IS OCCUPIED BY THE INCOME BENEFICIARY OF THE TRUST.
Reps. P. HARRIS and ROGERS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5892HC.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 12-37-250 of the 1976 Code, as last amended by Act 54 of 1991, is further amended by adding at the end:
"If residential real property is held in trust and the income beneficiary of the trust occupies the property as a residence and is otherwise eligible for the exemption allowed by this section, then the exemption allowed by this section applies if the trustee certifies to the assessor that the property is occupied as a residence by the income beneficiary of the trust and the income beneficiary meets the eligibility criteria for the exemption allowed by this section."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
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. 3907 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO CLARIFY THE RETIREMENT INCOME EXCLUSION FOR SURVIVING SPOUSES; TO AMEND SECTION 12-7-437, RELATING TO THE DEDUCTION FROM TAXABLE INCOME OF A PORTION OF NET LONG-TERM CAPITAL GAIN, SO AS TO PROVIDE THAT THE DEDUCTION APPLIES TO NET CAPITAL GAIN; TO AMEND SECTION 12-7-1120, RELATING TO ALLOCATION OF INCOME, SO AS TO CLARIFY THE ALLOCATION OF DIVIDENDS OF SUBCHAPTER S CORPORATIONS; TO AMEND SECTION 12-7-1260, RELATING TO THE EMPLOYER'S CAPITAL EXPENDITURE CHILD CARE CREDIT, SO AS TO LIMIT THE CREDIT TO EMPLOYERS OF SOUTH CAROLINA RESIDENTS AND TO CAPITAL EXPENDITURES MADE IN THIS STATE; TO AMEND SECTION 12-7-1640, AS AMENDED, RELATING TO THE TIME FOR FILING INCOME TAX RETURNS, SO AS TO PROVIDE THAT ANY TAX DUE MUST BE PAID AT THE TIME THE RETURN IS FILED WITHOUT REGARD TO ANY EXTENSION; AND TO AMEND SECTION 12-7-2419, RELATING TO THE ELDERCARE TRUST FUND CHECKOFF, SO AS TO CLARIFY THAT THE CHECKOFF APPLIES ONLY TO INDIVIDUAL INCOME TAX RETURNS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5897HC.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2, which reads:
SECTION 2. Section 12-7-437 of the 1976 Code, as added by Act 189 of 1989, is amended to read:
"Section 12-7-437. (A) There is allowed a deduction from the South Carolina taxable income of individuals, partnerships (including S corporations), estates, and trusts equal to the following amounts of net long term capital gain recognized during the below-referenced taxable years:
(1) fourteen percent for taxable years beginning in 1990;
(2) twenty-nine percent for taxable years beginning in 1991;
(3) forty-four percent for taxable years beginning after 1991.
(B) For purposes of this section, net long term capital gain is as defined in the Internal Revenue Code of 1986, as amended through December 31, 1988, except that the required holding period is two or more years.
(C) The commission may promulgate regulations necessary to implement the provisions of this section."
Renumber sections to conform.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, May 20, which was adopted.
H. 3908 -- Rep. Kirsh: A BILL TO AMEND CHAPTER 4, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA TAX COMMISSION, BY ADDING ARTICLE 9 SO AS TO AUTHORIZE THE COMMISSION TO SEEK A DECLARATORY JUDGMENT TO DETERMINE THE CONSTITUTIONALITY OR LEGALITY OF A TAX LAW OR LAW PROVIDING FOR THE ADMINISTRATION OF TAXES, TO PROVIDE FOR THE CASE TO BE HEARD IN THE SUPREME COURT ON AN EXPEDITED BASIS, TO PROVIDE FOR THE APPLICATION OF TAX LAW SUBJECT TO THE ACTION, AND TO PROVIDE TAXPAYER REMEDIES.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3909 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE WHEREBY THIS STATE ADOPTS CERTAIN PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
H. 3913 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-36-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF GROSS PROCEEDS OF SALES FOR PURPOSES OF THE SALES AND USE TAX, SO AS TO PROVIDE THAT GROSS PROCEEDS DO NOT INCLUDE THAT PORTION OF A CHARGE SUBJECT TO AND USE TAX ATTRIBUTABLE TO THE COST SET BY STATUTE FOR A GOVERNMENTAL LICENSE OR PERMIT.
Rep. KIRSH explained the Bill.
Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, May 20, which was adopted.
S. 608 -- Senators Hayes, Gregory, Peeler and Short: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 16 TO TITLE 27 SO AS TO IMPLEMENT THE SETTLEMENT OF CATAWBA INDIAN LAND AND OTHER CLAIMS IN SOUTH CAROLINA.
The following Bill was taken up.
H. 3016 -- Reps. P. Harris, Waldrop, Neilson, Allison, J. Brown, Byrd, Canty, Carnell, Cobb-Hunter, Gamble, Harrison, Harvin, Jaskwhich, Keegan, Kennedy, Marchbanks, Mattos, McCraw, Phillips, Rhoad, Rudnick, Shissias, Tucker, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkins, Wilkes, Stoddard and Baxley: A BILL TO AMEND TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 35 SO AS TO ENACT THE OMNIBUS ADULT PROTECTION ACT; TO DEFINE TERMS; TO PROVIDE FOR THE DUTIES OF THE STATE DEPARTMENT OF SOCIAL SERVICES AND THE DIVISION OF OMBUDSMAN AND CITIZEN SERVICES, OFFICE OF THE GOVERNOR, RELATIVE TO ADULT ABUSE, NEGLECT, AND EXPLOITATION; TO DESIGNATE THOSE REQUIRED TO REPORT; TO ESTABLISH REPORTING AND INVESTIGATING PROCEDURES; TO PROVIDE FAMILY COURT PROCEDURES; TO ABROGATE THE HUSBAND-WIFE AND DOCTOR-PATIENT PRIVILEGE IN ADULT ABUSE CASES; TO PROVIDE FOR EMERGENCY REMOVAL OF AN ADULT; TO PROVIDE IMMUNITY FOR GOOD FAITH REPORTING; TO PROVIDE CIVIL AND CRIMINAL PENALTIES; TO CREATE THE ADULT PROTECTION COORDINATING COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES; TO AMEND SECTION 8-17-340, RELATING TO THE STATE EMPLOYEE GRIEVANCE COMMITTEE, SO AS TO REVISE THE STANDARD FOR REVIEWING A CASE INVOLVING ABUSE, NEGLECT, OR EXPLOITATION; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSES ADDED BY THIS ACT; AND TO REPEAL SECTION 23-1-220 AND CHAPTERS 29 AND 30 OF TITLE 43.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11369AC.93), which was adopted.
Amend the bill, as and if amended, Section 43-35-10, by deleting items (5), (6), (7), and (11) and inserting:
/(5) 'Investigative entity' means the Long Term Care Ombudsman Program or the Adult Protective Services Program.
(6) 'Neglect' means the failure or omission of a caregiver to provide the care, goods, or services necessary to maintain the health or safety of a vulnerable adult including, but not limited to, food, clothing, medicine, shelter, supervision, and medical services. Neglect may be repeated conduct or a single incident which has produced or can be proven to result in serious physical or psychological harm or substantial risk of death. Noncompliance with regulatory standards alone does not constitute neglect. Neglect includes the inability of a vulnerable adult, in the absence of a caretaker, to provide for his or her own health or safety which produces or could reasonably be expected to produce serious physical or psychological harm or substantial risk of death.
(7) 'Occupational licensing board' means a health professional licensing board which is a state agency that licenses and regulates health care providers and includes, but is not limited to, the Board of Long Term Health Care Administrators, State Board of Nursing for South Carolina, State Board of Medical Examiners, State Board of Social Work Examiners, and the State Board of Dentistry.
(11) 'Vulnerable adult' means a person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. This includes a person who is impaired in the ability to adequately provide for the person's own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction. A resident of a facility is a vulnerable adult./
Amend further by deleting Section 43-35-15 and inserting:
/Section 43-35-15. (A) The Long Term Care Ombudsman Program shall investigate or cause to be investigated reports of alleged abuse, neglect, and exploitation of vulnerable adults occurring in facilities. The Long Term Care Ombudsman Program may develop policies, procedures, and memoranda of agreement to be used in reporting these incidents and in furthering its investigations.
(B) The Adult Protective Services Program shall investigate or cause to be investigated reports of alleged abuse, neglect, and exploitation of vulnerable adults occurring in all settings other than facilities and where appropriate, provide protective services. The Adult Protective Services Program may promulgate regulations and develop policies, procedures, and memoranda of agreement to be used in reporting these incidents, in furthering its investigations, and in providing protective services./
Amend further by deleting Section 43-35-20(3) and inserting:
/(3) issue, through its director, administrative subpoenas for the purpose of gathering information and documents;/
Amend further by deleting Section 43-35-25(D) and inserting:
/(D) A person required to report under this section must report the incident within twenty-four hours or the next business day. A report must be made in writing or orally by telephone or otherwise to the Long Term Care Ombudsman Program for incidents occurring in facilities and to the Adult Protective Services Program for incidents occurring in all other settings. In the event an investigative entity receives a report which is not within its investigative jurisdiction, it shall forward the report to the appropriate entity not later than the next business day./
Amend further by deleting Section 43-35-45 and inserting:
/Section 43-35-45. (A) In investigating a report if consent cannot be obtained for access to the vulnerable adult or the premises, the investigative entity may seek a warrant from the family court to enter and inspect and photograph the premises and the condition of the vulnerable adult. The court shall issue a warrant upon a showing of probable cause that the vulnerable adult has been abused, neglected, or exploited or is at risk of abuse, neglect, or exploitation.
(B) At any time during or subsequent to an investigation where a vulnerable adult is at substantial risk to be or has been abused, neglected, or exploited and consent to provide services cannot be obtained, the Adult Protective Services Program may petition the family court for an order to provide protective services. In those cases requiring emergency protective services or emergency removal of the vulnerable adult from the place the adult is located or residing, the Adult Protective Services Program may seek ex parte relief. The court may expedite the ex parte proceeding to any extent necessary to protect the vulnerable adult. The family court may order ex parte that the vulnerable adult be taken into emergency protective custody without the consent of the vulnerable adult or the guardian or others exercising temporary or permanent control over the vulnerable adult, if the court determines there is probable cause to believe that by reason of abuse or neglect there exists an imminent danger to the vulnerable adult's life or physical safety. The court also may order emergency services or other relief as necessary to protect the vulnerable adult.
(C) Within ten days following the filing of a petition pursuant to this section the court must appoint a guardian ad litem and an attorney for the vulnerable adult; and within forty days of the petition being filed the court shall hold a hearing on the merits.
(D) Before the hearing on the merits the Adult Protective Services Program must conduct a comprehensive evaluation of the vulnerable adult. The evaluation must include, but is not limited to:
(1) the vulnerable adult's current address and with whom the vulnerable adult is residing;
(2) a list of all persons or agencies currently providing services to the vulnerable adult and the nature of these services;
(3) a summary of services, if any, provided to the vulnerable adult by the Adult Protective Services Program;
(4) if needed, a medical, psychological, social, vocational, or educational evaluation;
(5) recommendations for protective services which would serve the best interests of the vulnerable adult; however, when these services are to be provided by another state agency, these recommendations must be developed in consultation with the other agency.
A copy of the evaluation must be provided to the court, the guardian ad litem, and the attorney at least five working days before the hearing on the merits. Reasonable expenses incurred for evaluations required by this subsection must be paid by the Adult Protective Services Program which must seek reimbursement for these evaluations, where possible.
(E) At the hearing on the merits, the court may order the Adult Protective Services Program to provide protective services if it finds that:
(1) the vulnerable adult is at substantial risk of being or has been abused, neglected, or exploited and the vulnerable adult is unable to protect herself or himself; and
(2) protective services are necessary to protect the vulnerable adult from the substantial risk of or from abuse, neglect, or exploitation.
(F) Protective services ordered pursuant to this section must be provided in the least restrictive setting available and appropriate for the vulnerable adult and noninstitutional placement must be used whenever possible. Subsequently, if commitment to a treatment facility is required, the Adult Protective Services Program may initiate commitment proceedings.
(G) Any interested person, on behalf of the vulnerable adult, may file a motion for review of the court order issued pursuant to this section.
(H) Following a court order from the merits hearing to provide protective services to a vulnerable adult, the Adult Protective Services Program, at least every six months, must evaluate the vulnerable adult and submit a written report to the court, and any other parties required by the court, regarding the vulnerable adult's need for continued protective services as defined in this chapter.
(I) If the court determines that the vulnerable adult is financially capable of paying for services ordered pursuant to this section, then payment by or from the financial resources of the vulnerable adult may be ordered.
(J) In an action for exploitation or in which payment for protective services is in issue, upon its own motion or a motion of any party, the court may order that the vulnerable adult's financial records be made available on a certain day and time for inspection by the parties.
(K) Expenses incurred by the Adult Protective Services Program on behalf of a vulnerable adult that have not been reimbursed at the time of the vulnerable adult's death become a claim against the estate of the vulnerable adult.
(L) Payments for which a vulnerable adult is responsible or for which the Adult Protective Services Program is to be reimbursed only include payments to third parties and do not include personnel or operating expenses of the Adult Protective Services Program./
Amend further by deleting Section 43-35-55(B), (D), and (G) and inserting:
/(B) When a law enforcement officer takes protective custody of a vulnerable adult, the officer must transport the vulnerable adult to a place of safety which must not be a facility for the detention of criminal offenders or of persons accused of crimes. The Adult Protective Services Program has custody of the vulnerable adult pending the family court hearing to determine if there is probable cause for protective custody.
(D) When a law enforcement officer takes protective custody of a vulnerable adult under this section, the law enforcement officer must immediately notify the Adult Protective Services Program and the circuit solicitor of the county where the vulnerable adult was situated at the time of being taken into protective custody. This notification must be made in writing or orally by telephone or otherwise and must include the following information:
(1) the name of the vulnerable adult, if known, or a physical description of the adult, if the name is unknown;
(2) the address of the place from which the vulnerable adult was removed by the officer;
(3) the name and the address, if known, of any person who was exercising temporary or permanent custody of or control over or who was the caregiver of the vulnerable adult at the time the adult was taken into protective custody;
(4) the address of the place to which the vulnerable adult was transported by the officer;
(5) a description of the facts and circumstances resulting in the officer taking the vulnerable adult into protective custody.
(G) Upon receiving notification that a vulnerable adult has been taken into protective custody the Adult Protective Services Program shall commence an investigation. After the hearing required by subsection (F), the Adult Protective Services Program may initiate or cause to be initiated a petition for services pursuant to Section 43-35-45./
Amend further by deleting Section 43-35-65 and inserting:
/Section 43-35-65. A facility as defined in Section 43-35-10 shall prominently display notices stating the duties of its personnel under this chapter, the text of which must be provided by the Long Term Care Ombudsman Program. The notices must also include the addresses and telephone numbers of the Long Term Care Ombudsman Program and local law enforcement./
Amend further by deleting Section 43-35-70 and inserting:
/Section 43-35-70. The investigative entity shall report an alleged incident of abuse, neglect, or exploitation against a health care professional to the occupational licensing board by whom that person is licensed./
Amend further by deleting Section 43-35-75(B) and inserting:
/(B) It is against the public policy of South Carolina to change an employee's status solely because the employee reports or cooperates with an investigation or action taken under this chapter./
Amend further by deleting Section 43-35-80 and inserting:
/Section 43-35-80. (A) Notwithstanding any regulatory or administrative penalty that may be assessed and in addition to a private civil cause of action that may be brought against a person or facility based on an action or failure to act that otherwise constitutes abuse, neglect, or exploitation under this chapter, the Attorney General, upon referral from the Long Term Care Ombudsman Program, may bring an action against a person who fails through pattern or practice to exercise reasonable care in hiring, training, or supervising facility personnel or in staffing or operating a facility and this failure results in the commission of abuse, neglect, exploitation, or any other crime against a vulnerable adult in a facility. A person or facility which verifies good standing of the employee with the appropriate licensure or accrediting entity is rebuttably presumed to have acted reasonably regarding the hiring.
(B) In granting relief under this section, the court may assess a civil fine of not less than ten thousand dollars or order injunctive relief, or both, and may order other relief as the court considers appropriate.
(C) Nothing in this section may be construed to create a private cause of action against one who fails through pattern or practice to exercise reasonable care as provided for in subsection (A).
(D) For the purposes of this section 'person' means any natural person, corporation, joint venture, partnership, unincorporated association, or other business entity.
(E) To the extent fines collected pursuant to this section exceed the cost of litigation, these fines must be credited to the Adult Protective Services Emergency Fund and may be carried forward from one fiscal year to the next./
Amend further, by deleting Section 43-35-85 and inserting:
/Section 43-35-85. (A) A person required to report under this chapter who has actual knowledge that abuse, neglect, or exploitation has occurred and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is guilty of a misdemeanor and, upon conviction, must be fined not more than twenty-five hundred dollars or imprisoned not more than one year. A person required to report under this chapter who has reason to believe that abuse, neglect, or exploitation has occurred or is likely to occur and who knowingly and wilfully fails to report the abuse, neglect, or exploitation is subject to disciplinary action as may be determined necessary by the appropriate licensing board.
(B) A person who knowingly and wilfully abuses a vulnerable adult is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.
(C) A person who knowingly and wilfully neglects a vulnerable adult is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than three years.
(D) A person who knowingly and wilfully exploits a vulnerable adult is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than three years, or both, and may be required by the court to make restitution.
(E) A person who threatens, intimidates, or attempts to intimidate a vulnerable adult subject of a report, a witness, or any other person cooperating with an investigation conducted pursuant to this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned for not more than three years.
(F) A person who wilfully and knowingly obstructs or in any way impedes an investigation conducted pursuant to this chapter, upon conviction, is guilty of a misdemeanor and must be fined not more than five thousand dollars or imprisoned for not more than three years./
Amend further by deleting Section 43-35-310(A)(2) and inserting:
/(2) these members who shall serve ex officio:
(a) Attorney General or a designee;
(b) Board of Long Term Health Care Administrators, Executive Director or a designee;
(c) State Board of Nursing for South Carolina, Executive Director or a designee;
(d) Commission on Aging, Executive Director or a designee;
(e) Criminal Justice Academy, Executive Director or a designee;
(f) South Carolina Department of Health and Environmental Control, Commissioner or a designee;
(g) State Department of Mental Health, Commissioner or a designee;
(h) South Carolina Department of Mental Retardation, Commissioner or a designee;
(i) Adult Protective Services Program, Director or a designee;
(j) Health and Human Services Finance Commission, Executive Director or a designee;
(k) Joint Legislative Committee on Aging, Chair or a designee;
(l) Police Chiefs' Association, President or a designee;
(m) Prosecution Coordination Commission, Executive Director or a designee;
(n) South Carolina Protection and Advocacy System for the Handicapped, Inc., Executive Director or a designee;
(o) South Carolina Sheriff's Association, Executive Director or a designee;
(p) South Carolina Law Enforcement Division, Chief or a designee;
(q) Long Term Care Ombudsman or a designee;
(r) South Carolina Medical Association, Executive Director or a designee;
(s) South Carolina Health Care Association, Executive Director or a designee./
Amend further by deleting SECTION 2 and inserting:
/SECTION 2. Paragraph 8 of Section 8-17-340 of the 1976 Code is amended to read:
"The committee may sustain, reject, or modify a grievance hearing decision of an agency. except that However, in cases involving actual or threatened mental or physical abuse, neglect, or exploitation as defined in Section 43-35-10 or 20-7-490 of a patient, client, or inmate by an employee, the agency's decision shall must be given greater deference and may not be altered or overruled by the committee, unless the grievant establishes that:
(1) the agency's findings of facts are not sustained by the committee finding that the grievant abused, neglected, or exploited or threatened to abuse, neglect, or exploit a patient, client, or inmate is clearly erroneous in view of reliable, probative, and substantial evidence, or;
(2) the committee finds that the agency's disciplinary action was not within its established personnel policies, procedures, and regulations, or;
(3) the committee finds that the agency's action was arbitrary or and capricious."/
Amend further by adding an appropriately numbered sections to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 43-38-60. The Long Term Care Ombudsman Program may designate entities in accordance with the federal Older Americans Act."
SECTION _____. Section 20-7-670(C) of the 1976 Code is amended to read:
"(C) Notwithstanding the provisions of subsection (A) nor any other provision of this article, the Department of Social Services may not investigate any an allegation of abuse or neglect of a child where if the child is in the custody of or a resident of a public or private health facility, institution, or agency licensed by the Department of Health and Environmental Control or operated by the Department of Mental Health. All of; these allegations of abuse and or neglect must be investigated by the ombudsman of the office of the Governor pursuant to SS 43-30-10 through 43-30-100 Article 1, Chapter 35, Title 43 and SS 43-38-10 through 43-38-50 Chapter 38, Title 43."/
SECTION _____. Section 40-35-90(f) of the 1976 Code, as last amended by Act 605 of 1990, is further amended to read:
"(f) To evaluate complaint and investigative information received from the Department of Health and Environmental Control, the long term care ombudsman of the Governor's office, the Department of Social Services, the peer review of the South Carolina Health Care Association or any other source, with a view to the improvement of the standards imposed for licensing, for decisions on revocation or suspension of licenses, or for other disciplinary actions, and for assessing the qualifications for relicensure of nursing home administrators and community residential care facility administrators."/
SECTION _____. Section 43-33-340(8) of the 1976 Code is amended to read:
"(8) 'Ombudsman' means the office provided for pursuant to Section 43-37-10 Section 43-38-10 et seq."/
SECTION _____. Section 43-38-20 of the 1976 Code is amended to read:
"Section 43-38-20. The ombudsman of the office of the Governor Long Term Care Ombudsman Program is authorized to investigate any problem or complaint on behalf of any interested party or any client, patient, or resident of any facility as defined in this chapter. In carrying out the investigation, he may request and receive written statements, documents, exhibits, and other items pertinent to the investigation. These items include medical records of a general hospital in which a client, patient, or resident has been treated during the period under investigation. General hospitals are authorized to release the medical records to the ombudsman upon his written request without the necessity of patient authorization. Any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity, disease, or illness of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:
(i) such complainant or resident, or his legal representative, consents in writing to such disclosure; or
(ii) such disclosure is required by court order. Following the investigation he may issue such report and recommendations as in his opinion will assist in improving the facility under investigation."/
SECTION _____. Section 44-7-370(A)(1) of the 1976 Code, as last amended by Act 670 of 1988, is further amended to read:
"(1) The committee shall consist consists of the Ombudsman of the Office of the Governor Long Term Care Ombudsman, three operators of homes with ten beds or less, four operators of homes with eleven beds or more, and three members to represent the department appointed by the commissioner for terms of four years."/
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HARRISON proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4727BD.93), which was adopted.
Amend the bill, as and if amended, page 3016-1, line 32, after /(7),/ by inserting /(8),/.
Amend further, Section 43-35-10, page 3016-2, by inserting after line 16:
/(8) 'Physical abuse' means intentionally inflicting or allowing to be inflicted physical injury on a vulnerable adult by an act or failure to act. Physical abuse includes, but is not limited to, slapping, hitting, kicking, biting, choking, pinching, burning, actual or attempted sexual battery as defined in Section 16-3-651, use of medication outside the standards of reasonable medical practice for the purpose of controlling behavior, and unreasonable confinement. Physical abuse also includes the use of a restrictive or physically intrusive procedure to control behavior for the purpose of punishment except that a therapeutic procedure prescribed by a licensed physician or other qualified professional is not considered physical abuse if it is part of a written plan of care. Physical abuse does not include altercations or acts of assault between vulnerable adults./
Amend further, Section 43-35-310(A)(2), page 3016-10, line 31, after /designee/ by inserting:
/;
(t) South Carolina Home Care Association, Executive Director or a designee/.
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. 3033 -- Reps. Cobb-Hunter, Whipper, Breeland, Inabinett, Waites, Neal, Haskins and Huff: A BILL TO AMEND SECTIONS 16-3-615 AND 16-3-659.1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOUSAL SEXUAL BATTERY, SO AS TO PROVIDE THAT PROVISIONS GOVERNING THE ADMISSIBILITY OF EVIDENCE CONCERNING A VICTIM'S SEXUAL CONDUCT APPLY IN SPOUSAL SEXUAL BATTERY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11343AC.93), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 16-3-615(A) of the 1976 Code, as added by Act 139 of 1991, is amended to read:
"Section 16-3-615. (A) Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use or the threat of use of a weapon or the use or threat of use of physical force or physical violence of a high and aggravated nature which results in some physical manifestation of that force or violence to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court."/
Renumber sections to conform.
Amend title to conform.
Rep. CROMER 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. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15497SD.93).
Amend the bill, as and if amended, in Section 29-1-10 of the 1976 Code, as contained in Section 1, by inserting immediately after /utility/ on line 16 of page 2 /or electric cooperative/.
When amended, Section 29-1-10 shall read:
/Section 29-1-10. No mortgage or deed having the effect of a mortgage or other lien shall constitute a lien upon any real estate after the lapse of twenty years from the date for the maturity of such the lien. But However, if the holder of any such the lien shall, at any time during the continuance of such the lien, cause to be recorded upon the record of such that mortgage or deed having the effect of a mortgage or other lien a note of some payment on account or some written acknowledgment of the debt secured thereby, with the date of such the payment or acknowledgment, such the mortgage or deed having the effect of a mortgage or other lien shall be, and shall continue to be, a lien for twenty years from the date of the record of any such that payment on account or acknowledgment. When there is no maturity stated or fixed in the mortgage or the record of the mortgage then the provisions hereof shall be are applicable from the date of such that mortgage and such that mortgage shall not constitute a lien after the lapse of twenty years from the date thereof. Notwithstanding the above provisions of this section, any mortgage or other instrument which by its terms creates a lien upon any real property interest held by a gas or electrical utility or electric cooperative shall continue to constitute a lien thereon until satisfied or released of record regardless of whether or not the instrument states a maturity date./
Amend the bill further, as and if amended, in Section 29-3-50(B) of the 1976 Code, as contained in Section 2, by inserting immediately after /utility/ on line 28 of page 3 /or electric cooperative/:
When amended, subsection (B) shall read:
/(B) Any mortgage or other instrument which by its terms creates an interest in or a lien upon any real property interest held by a gas or electrical utility or electric cooperative, securing existing indebtedness or indebtedness to be incurred in the future, is valid from the day and hour when recorded. It affects and is prior to the rights of all creditors and purchasers for valuable consideration without notice and all liens except liens of record prior to recordation of the mortgage, regardless of whether there is an actual debt outstanding at the time of recordation of the mortgage, to the same extent as if the future indebtedness were incurred as of the date of the execution of the mortgage or other instrument for the total amount of indebtedness thereafter incurred, together with all other indebtedness and sums secured thereby. However, the total amount of existing indebtedness and future indebtedness at any one time may not exceed the maximum principal amount stated therein plus interest thereon, attorney's fees and court costs, and the mortgage or other instrument must contemplate that future indebtedness may be incurred. The mortgage or other instrument shall remain a valid lien and effective as record notice thereof until satisfied or released of record even though there are periods during which no indebtedness is outstanding thereunder.
Notwithstanding the above provisions, the lien of a person who has furnished labor, services, or materials in connection with the construction of improvements to real property is superior to the lien of a recorded mortgage as to indebtedness actually incurred after filing of the notice of the mechanic's lien required by Section 29-3-90 and service of the notice on all prior recorded mortgage holders. Service of the notice on prior recorded mortgage holders must be made pursuant to Rule 4 of the South Carolina Rules of Civil Procedure. The priority of the mechanic's lien extends only to the mortgage indebtedness actually incurred after the filing of the lien and service of the notice on all prior recorded mortgage holders./
Amend the bill further, as and if amended, by striking Section 29-3-80, as contained in Section 3, and inserting:
/Section 29-3-80. Any mortgage or other instrument executed by a gas or electrical utility or electric cooperative transacting business in this State which by its terms creates a lien upon any real property interest then owned or thereafter acquired and which is recorded as a mortgage of real property in any county in which the property is located or is to be located shall cause the lien thereof to attach to all after-acquired property of the mortgagor of the nature therein described immediately upon the acquisition thereof by mortgagor and the lien is superior to all claims of creditors of the mortgagor and purchasers of these real property interests, except prior liens of record, affecting the property. Thereafter, no re-recording of such mortgage, or instrument or recording of any other further document shall be necessary to create, to perfect, or to maintain the attachment, or to give notice of, the lien upon any real property interest thereafter acquired by the gas or electrical utility or electric cooperative./
Amend the bill further, as and if amended, by striking Section 29-3-90, as contained in Section 4, and inserting:
/Section 29-3-90. (A) Any real property or real property interests including, without limitation, easements and rights-of-way, of any gas or electrical utility or electric cooperative which are intended to be subjected to the lien of any mortgage, indenture, or other type of real property security agreement, may be described in general terms and are operative and effective without the necessity of description of metes and bounds, references to plats, or other methods of description as commonly utilized in mortgages of this State. Without limiting or excluding other types of general descriptions which may be utilized for these purposes, it is sufficient if the property or property interests are described in the following words or their substantial equivalent:
All real property and real property interests of _____________________________ including, without limitation, lands, buildings, fixtures, easements, rights-of-way, leaseholds and other interests, situate, lying and being in any one or more of the counties of the State of South Carolina, as the same may be now or hereafter constituted or delineated, and whether now owned or acquired hereafter while the lien of this mortgage remains open and unsatisfied of record, SAVING, EXCEPTING, AND EXCLUDING THEREFROM THE FOLLOWING: ____________________________________.
(B) The provisions of Section 30-5-35 relating to derivation clauses in deeds and mortgages do not apply to mortgages granted by gas or electrical utilities or electric cooperatives.
(C) Without limiting the foregoing, it is also sufficient and effective to subject real property and real property interests of any gas or electrical utility or electric cooperative to the lien of any prior mortgage, indenture, or other similar real property security agreement executed by the utility by reference to the prior mortgage or other instrument and the inclusion of words in the deed or conveyance to the effect that the real property or real property interests will be upon acquisition by the grantee immediately and automatically subjected to the lien of the prior mortgage or other instrument.
(D) Without limiting the effect of subsections (A), (B), and (C) above, it is also operative and effective to describe the real property or real property interests of any gas or electrical utility or electric cooperative being subjected to the lien of a mortgage, indenture, or other real property security agreement by referencing the property description or descriptions contained in any prior mortgage or other real property financing agreement executed by the utility, even though that prior mortgage or other instrument may be satisfied of record and notwithstanding the fact that the prior mortgage or other instrument encumbers real property or real property interests which have been subjected thereto by reference to a description contained in another instrument./
Amend the bill further, as and if amended, by striking Section 5 and inserting:
/SECTION 5. The provisions provided for gas or electrical utilities and electric cooperatives in Sections 29-1-10, 29-3-50(B), 29-3-80, and 29-3-90 of this act must be construed as cumulative authority and must not be construed to impliedly repeal any existing laws affecting mortgages and liens of gas or electrical utilities or electric cooperatives.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. HODGES having the floor.
Rep. WILLIAMS withdrew his objection to the following Bill.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Rep. WILKINS 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. 4213 -- Reps. Mattos, McMahand, Quinn, Anderson, Hines, Neilson, J. Harris, Holt, Neal, Farr, Stone, Harrison, Cobb-Hunter, Stille, Richardson and Whipper: A BILL TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY NOT BE LICENSED TO DRIVE, SO AS TO PROVIDE THAT A PERSON ADJUDGED INCAPACITATED OR INCOMPETENT AND HAS NOT BEEN RESTORED TO CAPACITY OR COMPETENCY BY METHODS PROVIDED BY LAW MAY NOT BE LICENSED.
Referred to Committee on Education and Public Works.
H. 4214 -- Reps. Mattos, Anderson, Hines, Neilson, McMahand, Cobb-Hunter, McCraw, Stone, Byrd and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-23-65 SO AS TO PROHIBIT A DRIVER TRAINING SCHOOL FROM TRAINING PERSONS WITHIN A FIVE MILE RADIUS OF A BUILDING FROM WHICH DRIVERS' LICENSE ROAD TESTS ARE CONDUCTED.
Referred to Committee on Education and Public Works.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HODGES having the floor.
H. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
Debate was resumed on Amendment No. 1 by the Committee on Judiciary.
Rep. HODGES continued speaking.
The SPEAKER granted Rep. CROMER a leave of absence for the remainder of the day.
Rep. RUDNICK moved to adjourn debate upon the Bill.
Rep. HODGES moved to table the motion, which was agreed to by a division vote of 29 to 23.
Reps. RUDNICK, WHITE, COBB-HUNTER, WHIPPER, NEAL and BYRD objected to the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3802 -- Rep. Hodges: A BILL TO AMEND SECTIONS 14-25-95, 14-25-105, 18-3-10, 18-3-60, 18-3-70, AND 22-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CASES IN AND APPEALS FROM MAGISTRATES' COURTS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THESE APPEALS MUST BE TO THE COURT OF COMMON PLEAS RATHER THAN TO THE COURT OF GENERAL SESSIONS.
Rep. HODGES explained the Bill.
H. 3927 -- Reps. J. Bailey and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-555 SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR ACTIONS BASED ON SEXUAL ABUSE OR INCEST OF TEN YEARS FROM THE TIME A PERSON BECOMES EIGHTEEN OR WITHIN FOUR YEARS OF DISCOVERING THE INJURY AND THE CAUSAL RELATIONSHIP BETWEEN THE INJURY AND THE ABUSE OR INCEST; TO PROVIDE THAT PARENTAL IMMUNITY IS NOT A DEFENSE; TO PROVIDE THAT A LAW SUIT BASED ON ABUSE OR INCEST PREVIOUSLY BROUGHT AND BARRED BY THE STATUTE OF LIMITATIONS MAY BE BROUGHT WITHIN FOUR YEARS OF THIS ACT'S EFFECTIVE DATE; AND TO PROVIDE SEVERABILITY PROVISIONS.
Rep. MARTIN explained the Bill.
H. 3428 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE TAKING OF CERTAIN FISH AND CRUSTACEANS, SO AS TO REVISE THE RESTRICTIONS PERTAINING TO RED DRUM.
Rep. SNOW explained the Bill.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\436\11344AC.93).
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. Section 8-21-310 of the 1976 Code, as last amended by Act 612 of 1990, is further amended by adding an appropriately numbered item to read:
"( ) for filing, indexing, enrolling, and entering a foreign judgment and an affidavit pursuant to Article 11, Chapter 35, Title 15 of the 1976 Code, fifty-five dollars."/
Amend title to conform.
Rep. HUFF explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 20, which was adopted.
The following Bill was taken up.
S. 440 -- Senators Reese, Courtney and Russell: A BILL TO AMEND SECTIONS 16-11-510, 16-11-520, 16-13-30, 16-13-50, 16-13-80, 16-13-180, AS AMENDED, 16-13-230, 16-13-240, 16-13-260, AND 16-13-420 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS CRIMES INVOLVING PROPERTY OR PERSONAL GOODS AND CHATTELS, SO AS TO PROVIDE THAT THE OFFENSE IS TRIABLE IN MAGISTRATE'S COURT IF THE VALUE OF THE PROPERTY, GOODS, OR CHATTEL IS NOT MORE THAN ONE THOUSAND DOLLARS AND TO INCREASE THE FINE IN MAGISTRATE'S COURT TO ONE THOUSAND DOLLARS; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATE'S JURISDICTION OVER MINOR OFFENSES, SO AS TO INCREASE THE FINE TO ONE THOUSAND DOLLARS; AND TO AMEND SECTION 22-3-570, RELATING TO MAGISTRATE'S JURISDICTION FOR LARCENY, SO AS TO INCREASE JURISDICTION OVER THE VALUE OF STOLEN PROPERTY TO ONE THOUSAND DOLLARS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\4599AL.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The first paragraph of Section 5-7-30 of the 1976 Code, as last amended by Act 495 of 1988, is further amended to read:
"Section 5-7-30. Each municipality of the State, in addition to the powers conferred to its specific form of government, may enact regulations, resolutions, and ordinances, not inconsistent with the Constitution and general law of this State, including the exercise of powers in relation to roads, streets, markets, law enforcement, health, and order in the municipality or respecting any subject which appears to it necessary and proper for the security, general welfare, and convenience of the municipality or for preserving health, peace, order, and good government in it, including the authority to levy and collect taxes on real and personal property and as otherwise authorized in this section, make assessments, and establish uniform service charges relating to them; the authority to abate nuisances; grant franchises for the use of public streets and make charges for them; engage in the recreation function; levy a business license tax on gross income, but a wholesaler delivering goods to retailers in a municipality is not subject to the business license tax unless he maintains within the corporate limits of the municipality a warehouse or mercantile establishment for the distribution of wholesale goods; and a business engaged in making loans secured by real estate is not subject to the business license tax unless it has premises located within the corporate limits of the municipality and no entity which is exempt from the license tax under another law nor a subsidiary or affiliate of such an exempt entity is subject to the business license tax; borrow in anticipation of taxes; and pledge revenues to be collected and the full faith and credit of the municipality against its note and conduct advisory referenda. The municipal governing body may fix fines and penalties for the violation of municipal ordinances and regulations not exceeding two five hundred dollars or imprisonment not exceeding thirty days, or both."
SECTION 2. Section 14-25-65 of the 1976 Code is amended to read:
"Section 14-25-65. Whenever the municipal judge finds a party guilty of violating a municipal ordinance or a state law within the jurisdiction of such the court he may impose a fine or imprisonment, or both, not to exceed two of not more than five hundred dollars or imprisonment for thirty days, or both."
SECTION 3. Section 16-11-510 of the 1976 Code is amended to read:
"Section 16-11-510. Whoever shall It is unlawful for a person wilfully, unlawfully, and maliciously to cut, shoot, maim, wound, or otherwise injure, or destroy any a horse, mule, neat cattle, hog, sheep, goat, or any other kind, class, article, or description of personal property, the goods, and chattels of another, shall be. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall must be fined or imprisoned, at in the discretion of the judge before whom the case shall be tried; provided, that when the injury or loss of the property affected by such act is less than two hundred dollars the case shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury court. A violation of this section is triable in magistrate's court if the injury or loss of property is less than one thousand dollars and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."
SECTION 4. Section 16-11-520 of the 1976 Code is amended to read:
"Section 16-11-520. Whoever shall It is unlawful for a person wilfully, unlawfully, and maliciously to cut, mutilate, deface, or otherwise injure any a tree, house, outside fence, or fixture of another, or to commit any other trespass upon real property in the possession of another shall be. A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall must be fined and imprisoned, at the discretion of the judge before whom the case shall be tried; provided, that when court. When the damage to such the property is less than two hundred one thousand dollars, the case shall be is triable in the magistrate's court and, the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."
SECTION 5. Section 16-13-30 of the 1976 Code is amended to read:
"Section 16-13-30. Any simple Simple larceny of any article of goods, choses in action, bank bills, bills receivable, chattels, or other article articles of personalty, of which by law larceny may be committed or of any such fixture, or part or product of the soil as was severed from the soil by an unlawful act, or the having a value of less than two hundred one thousand dollars, shall be a misdemeanor and considered is petit larceny, shall be triable in the magistrate's court and the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury for a first offense and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days. Conviction for a second offense is a felony and the person must be fined not more than two thousand dollars and imprisoned not less than three years or more than ten years."
SECTION 6. Section 16-13-50 of the 1976 Code is amended to read:
"Section 16-13-50. Any A person found guilty convicted of the larceny of any a horse, mule, cow, hog, or any other livestock shall is guilty of a misdemeanor and, upon conviction for:
(a) For(1) the first offense, must be imprisoned for a period of not less than three months nor more than ten years or be fined not more than five hundred dollars, or both, in the discretion of the court;
(b) For(2) the second offense, must be imprisoned for a period of not less than one year nor more than fifteen years or be fined not more than twenty-five hundred dollars, or both, in the discretion of the court; and
(c) For(3) a subsequent offense, must be imprisoned for a period of not less than five years nor more than twenty-five years.
Provided, that if If the value of such the property stolen is less than fifty one thousand dollars, the case shall be is triable in the magistrate's court and, the punishment shall be not more than is permitted by law without presentment or indictment by the grand jury upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days.
Any A motor vehicle or other chattel used by or found in possession of any a person engaged in the commission of the above crime shall be is subject to confiscation and shall must be confiscated and sold under the provisions of Section 27-21-10."
SECTION 7. Section 16-13-80 of the 1976 Code is amended to read:
"Section 16-13-80. The larceny of any a bicycle shall be is a misdemeanor and, upon conviction, the person must be punishable at the discretion of the court; provided, that when. When the value of the bicycle is less than one hundred thousand dollars the case shall be is triable in the magistrate's court and, and upon conviction, the punishment shall the person must be fined not more than is permitted by law without presentment or indictment by the grand jury five hundred dollars or imprisoned not more than thirty days."
SECTION 8. Item 1 of Section 16-13-110(B) of the 1976 Code is amended to read:
"(1) By a fine of not more than six hundred dollars or imprisonment for not more than six months, or both, for the first offense. If the value of the shoplifted merchandise is less than fifty one thousand dollars, the punishment must be a fine of not more than two five hundred dollars or imprisonment for not more than thirty days."
SECTION 9. Section 16-13-180 of the 1976 Code, as last amended by Act 640 of 1988, is further amended to read:
"Section 16-13-180. It is unlawful for any a person knowingly to buy, or receive, or possess stolen goods, chattels, or other property if the person knows or has reason to believe the goods, chattels, or property are stolen. A person is guilty of this offense whether or not anyone is convicted of the theft of the property. Any A person violating who violates the provisions of this section may be punished as follows:
(1) if the value of the property is two hundred one thousand dollars or less, by a fine not to exceed two hundred five hundred dollars, or by imprisonment for not more than thirty days. The offense shall be is triable in magistrate's court.
(2) if the value of the property exceeds two hundred dollars but is less than one thousand dollars, by a fine of not less than one thousand dollars or imprisonment for not less than one year nor more than five years. This offense shall be is a misdemeanor.
(3) for a second offense of Section 16-13-180, subitem (1) or (2), or if the value of the property exceeds one thousand dollars, by a fine of not less than two thousand dollars and imprisonment for not less than three years nor more than ten years. This or any subsequent offense shall be is a felony.
(4) for a third or subsequent offense, by imprisonment for not less than ten years; provided, however. However, no part of the minimum sentence may be suspended.
(5) for the purposes of this section, the receipt of multiple items in a single transaction or event shall constitute constitutes a single offense."
SECTION 10. Section 16-13-230 of the 1976 Code is amended to read:
"Section 16-13-230. Any A person committing who commits a breach of trust with a fraudulent intention shall be held guilty of larceny and so shall any person or who shall hire hires or counsel any other person counsels another to commit a breach of trust with a fraudulent intention is guilty of larceny and, upon conviction, must be punished as provided by law. If the value of the property is one thousand dollars or less, the case is triable in magistrate's court and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."
SECTION 11. Section 16-13-240 of the 1976 Code is amended to read:
"Section 16-13-240. Any A person who shall by any false pretense or representation obtain obtains the signature of any a person to any a written instrument or shall obtain obtains from any other another person any chattel, money, valuable security, or other property, real or personal, with intent to cheat and defraud any the person of such the property shall be is guilty of a misdemeanor and shall, on upon conviction, must be sentenced to pay a fine fined not exceeding more than five hundred dollars and undergo an imprisonment imprisoned not exceeding more than three years; provided, that if. If the sum in the written instrument or the value of the property so obtained does not exceed two hundred is not more than one thousand dollars, the case shall be is triable in the magistrate's court and, the punishment shall be not more than is permitted by law without presentment or indictment of the grand jury upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days."
SECTION 12. Section 16-13-260 of the 1976 Code is amended to read:
"Section 16-13-260. Whoever shall A person who falsely and deceitfully obtain obtains or get gets into his hands or possession any money, goods, chattels, jewels, or other things of any other another person by color and means of any a false token or counterfeit letter made in any other another person's name shall is guilty of a misdemeanor and, upon conviction thereof, suffer such imprisonment as must be imprisoned in the discretion of the court may adjudge; provided, that when. When the value of the money, goods, chattels, and other things so obtained do not exceed in value fifty is not more than one thousand dollars, then the offense may be tried is triable in the magistrate's court and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days. Punishment shall be not more than is permitted by law without presentment or indictment by the grand jury."
SECTION 13. Section 16-13-420 of the 1976 Code is amended to read:
"Section 16-13-420. Any A person having who has any motor vehicle, trailer, appliance, equipment, or tool in his possession or under his control by virtue of a lease or rental agreement who wilfully and fraudulently fails to return the motor vehicle, trailer, appliance, equipment, or tool within seventy-two hours after the lease or rental agreement has expired, or who fraudulently secretes or appropriates the property to any use or purpose not within the due and lawful execution of his lease or rental agreement shall be is guilty of larceny. If the original dollar amount of the property is one thousand dollars or less, the offense is triable in magistrate's court and, upon conviction, the person must be fined not more than five hundred dollars or imprisoned not more than thirty days. Provided, that the The provisions of this section shall do not apply to lease-purchase agreements or conditional sales type contracts."
SECTION 14. Section 22-3-550 of the 1976 Code is amended to read:
"Section 22-3-550. Magistrates shall have jurisdiction of all offenses which may be subject to the penalties of either fine or forfeiture not exceeding two hundred five hundred dollars or imprisonment in the jail or workhouse not exceeding thirty days and may impose any sentence within those limits, singly or in the alternative. In addition, a magistrate may order restitution he considers appropriate."
SECTION 15. Section 22-3-570 of the 1976 Code is amended to read:
"Section 22-3-570. Magistrates shall have jurisdiction of larcenies by stealing of the property of another,; of money, goods, or chattels,; of any bank note, bond, promissory note, bill of exchange, or other bill, order, or certificate,; of any book of accounts for or concerning money or goods due, to become due or to be delivered,; of any deed or writing containing a conveyance of land,; of any other valuable contract in force,; of any receipt, release, or defeasance,; or of any writ, process, or public record, if the property stolen does not exceed twenty one thousand dollars in value."
SECTION 16. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. MARTIN explained the amendment.
The amendment was then adopted.
Rep. MARTIN moved to adjourn debate upon the Bill until Thursday, May 20, which was adopted.
The following Bill was taken up.
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.
Reps. KIRSH and VAUGHN proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\6002HC.93).
Amend the bill, as and if amended, in SECTION 1, beginning on page 1, by striking Section 12-43-305 and inserting:
/Section 12-43-305. Upon receipt of written notice of appeal of a property valuation and if it is reasonably expected that the appeal may delay the assessment of the property beyond December thirty-first of the tax year, the assessing officer shall prepare immediately an assessment for the property under appeal based upon eighty percent of the assessed value of the property for the current year. The Tax Commission shall notify the auditor of the property under the jurisdiction of the commission which is under appeal. The auditor shall adjust the assessment of property under appeal to eighty percent of the assessed value or any valuation greater than eighty percent agreed to in writing by the taxpayer and enter the adjusted assessment on the tax duplicate and the tax must be paid as in other cases.
After final review of the appeal, if the valuation is greater than the value of the assessment set by the assessing official in accordance with this section, an assessment must be made and entered based on the difference between the value of the assessment determined by this section and the value settled by the appeal.
If the valuation is less than that set as provided in this section, the assessment of the current year must be reduced by the cumulative difference between the assessment as entered and that determined by final review. The tax paid on the difference between the assessment as entered and that determined after final review must be refunded together with interest at the rate of one percent a month on the amount of the overpayment.
Interest at the rate of one percent must be added for each month the tax was unpaid because of the appeal and collected in the same manner as the tax. If the valuation of more than five percent of the parcels of real property in a county is appealed as a result of a reassessment and equalization program, no interest is due on refunds or underpayments for any month the valuation remains under appeal beginning after June 30 of the year succeeding the reassessment year."/
Amend further, by adding an appropriately numbered SECTION to read:
/SECTION ___. Section 12-43-220(d)(3) of the 1976 Code, as last amended by Act 404 of 1988, is further amended to read:
"(3) Agricultural real property does not come within the provisions of this section unless the current owners of the real property or their agents make a written application therefor on or before May first of the first tax year in which the special assessment is claimed. The application for the special assessment must be made to the assessor of the county in which the agricultural real property is located, on forms provided by the county and approved by the Commission and a failure to apply constitutes a waiver of the special assessment for that year. The governing body may extend the time for filing upon a showing satisfactory to it that the person had reasonable cause for not filing on or before May first. No additional annual filing is required while the use classification of the property is unchanged remains bona fide agricultural and the ownership remains the same. The owner shall notify the assessor within six months of a change in use. For failure to notify the assessor of a change in use, in addition to any other penalties provided by law, a penalty of ten percent and interest at the rate of one-half of one percent a month must be paid on the difference between the amount that was paid and the amount that should have been paid, but not less than thirty dollars nor more than the current year's taxes.
Notwithstanding any other provision of law, a taxpayer may apply for a refund of property taxes paid when the property could have been taxed and assessed as agricultural real property as provided for in this item. The application must be made in accordance with Sections 12-47-70, 12-47-80, and 12-47-90. The taxpayer must establish that the property in question was in fact bona fide agricultural property. A county council may, by ordinance, allow refunds for the county government portion of property taxes for such additional past years as it determines advisable."/
Renumber, amend title and totals to conform.
Rep. KIRSH explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 20, which was adopted.
Rep. WILKINS moved that the House do now adjourn, which was rejected.
The following Bill was taken up.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10467AL.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 40-57-155. As a condition of license renewal, a broker, sales agent, property manager, or time share licensee must satisfactorily complete six hours of approved course instruction annually as prescribed by the commission by a course provider approved by the commission. The six hours must include a minimum of one hour of instruction on changes in federal and state law affecting licensees. A licensee having successfully completed a thirty-hour course for qualification as a broker is not required to participate in the continuing education program for that particular year. A licensee who decides to become inactive is not required to participate in the continuing education program but must complete the six-hour requirement before returning to active status.
The commissioner shall administer the continuing education program and shall approve and regulate courses, instructors, and course providers to implement the purposes of this section. In administering the program, the commission may promulgate regulations to require licensees to provide proof of compliance with the continuing education requirements as a condition of license renewal. The commission may contract with an outside provider for the record keeping services required by this section.
Temporary fees must be charged by and paid to the commission until permanent fees are established by regulation as follows:
(1) an annual filing fee of fifteen dollars.
(2) a fee of fifteen dollars for providing certification to another state of a licensee meeting the South Carolina continuing education requirement.
(3) a fee of one hundred dollars for each course approved.
(4) a fee of one hundred dollars for each instructor approved.
(5) a fee of fifty dollars for each course approval renewal.
(6) a fee of fifty dollars for each instructor approval renewal.
The commission shall promulgate regulations prescribing the overall parameters of the continuing education program.
This section also applies to nonresident licensees. Where applicable, a nonresident licensee who has successfully satisfied the continuing education requirements of his resident state and certifies this information to the continuing education administrator or service is considered to have satisfied the requirements of this section. A nonresident who lives in a state which does not require continuing education must satisfy the South Carolina continuing education requirements.
A licensee upon reaching the age of fifty-five, with a minimum of twenty years of licensure, is exempt from the requirements of this section.
All information received by an outside contract service provider in the course and scope of his duties is confidential and proprietary and may not be used or disclosed beyond the requirements of the duties imposed upon them by law."
SECTION 2. This act takes effect July 1, 1994./
Renumber sections to conform.
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
Reps. McLEOD, J. BAILEY and WHIPPER proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\DKA\4573AL.93), which was adopted.
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, Section 40-57-155, by striking the first sentence and inserting:
/As a condition of license renewal, a broker or sales agent must satisfactorily complete six hours of approved course instruction annually as prescribed by the commission by a course provider approved by the commission./
Amend title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
Rep. SCOTT proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4577AL.93), which was tabled.
Amend the report on Labor, Commerce and Industry, as and if amended, Section 40-57-155, SECTION 1, by striking the first sentence and inserting:
/As a condition of license renewal, a broker, sales agent, property manager, or time share licensee must satisfactorily complete six hours of approved course instruction biennially as prescribed by the commission by a course provider approved by the commission./
Amend title to conform.
Rep. BAXLEY moved to table the amendment, which was agreed to.
Rep. GOVAN proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\DKA\4627AL.93).
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, Section 40-57-155, SECTION 1, page 3636-1, line 37, by striking /six/ and inserting /eight/ and by striking /annually/ and inserting /biennially/ and on line 39 by striking /six/ and inserting /eight/.
Amend further, page 3636-2, line 4, by striking /six-hour/ and inserting /eight-hour/.
Amend further by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect July 1, 1995./
Amend title to conform.
Rep. GOVAN explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 4, Rep. GOVAN having the floor.
Reps. NEAL, BYRD, COBB-HUNTER and WHIPPER withdrew their objections to the following Bill.
H. 3762 -- Rep. Hodges: A BILL TO AMEND SECTION 29-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIENS ON REAL ESTATE SO AS TO PROVIDE THAT ANY LIEN ON REAL PROPERTY HELD BY A GAS OR ELECTRICAL UTILITY SHALL CONTINUE UNTIL SATISFIED OR RELEASED INSTEAD OF LAPSING TWENTY YEARS AFTER THE MATURITY DATE OF THE LIEN; TO AMEND SECTION 29-3-50, RELATING TO MORTGAGES FOR FUTURE ADVANCES, SO AS TO FURTHER PROVIDE FOR ITS APPLICABILITY TO INDEBTEDNESS OF A GAS OR ELECTRICAL UTILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 29-3-80 SO AS TO PROVIDE THAT A MORTGAGE COVERS AFTER-ACQUIRED PROPERTY OF A GAS OR ELECTRICAL UTILITY, AND BY ADDING SECTION 29-3-90 SO AS TO ALLOW GENERAL AS OPPOSED TO SPECIFIC DESCRIPTIONS OF REAL PROPERTY IN MORTGAGES GIVEN BY A GAS OR ELECTRICAL UTILITY COMPANY.
Rep. FARR moved that the House recur to the morning hour, which was agreed to.
Debate was resumed on the following Bill, the question being the consideration of Amendment No. 4, Rep. GOVAN having the floor.
H. 3636 -- Reps. Baxley, Richardson, Keegan, Simrill, Robinson, R. Young, Barber, Byrd, Cato, Cobb-Hunter, Cromer, Davenport, Delleney, Fair, Graham, Harrison, Hines, Holt, Houck, Inabinett, Jaskwhich, Kelley, Keyserling, Littlejohn, Meacham, McElveen, McKay, Moody-Lawrence, Neilson, Riser, Shissias, D. Smith, Stille, Stone, Sturkie, Thomas, Tucker, Vaughn, Waites, Witherspoon, Wright, J. Bailey, Baker, Harwell, Huff, Haskins, Jennings, Quinn, Lanford, Snow, Wofford and A. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-155 SO AS TO REQUIRE CONTINUING EDUCATION AS A CONDITION OF LICENSE RENEWAL OF A RESIDENT OR NONRESIDENT REAL ESTATE BROKER OR SALESMAN AND TO PROVIDE FOR THE ADMINISTRATION OF THE CONTINUING EDUCATION PROGRAM AND TO AUTHORIZE THE REAL ESTATE COMMISSIONER TO PROMULGATE REGULATIONS TO IMPLEMENT THE PROGRAM.
Debate was resumed on Amendment No. 4, by Rep. GOVAN.
Rep. GOVAN relinquished the floor.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
Rep. BAXLEY proposed the following Amendment No. 5, which was adopted.
Strike Section 2, insert:
/SECTION 2. Section 40-57-160 of the 1976 Code is amended to read:
"Section 40-57-160. It is the duty of the commissioner to issue a license to engage in the business of real estate broker, counsellor, salesman, property manager, or auctioneer to all applicants who are duly qualified under, and who comply with, all requirements of this chapter and all regulations of the commissioner. The license must be in that form and size as the commissioner prescribes and must not be transferable. The licenses expire on June thirtieth of each year annually.
SECTION 3. This act takes effect July 1, 1995./
Amend totals and title to conform.
Rep. BAXLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below 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 #: 3636 General Subject Matter: Continuing Education Real Estate
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. GEORGE H. BAILEY
Rep. J. BAILEY moved that the House do now adjourn.
Rep. COBB-HUNTER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The following Bill was taken up.
H. 3955 -- Rep. D. Smith: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES AND COSTS COLLECTED IN EACH COUNTY, SO AS TO PROVIDE THAT THE FEE FOR EXPUNGING CRIMINAL RECORDS DOES NOT APPLY TO DEFENDANTS WHO HAVE SUCCESSFULLY COMPLETED A PRETRIAL INTERVENTION PROGRAM OR IN CASES WHERE THE UNDERLYING CHARGE IS DISMISSED, NOL PROSSED, OR WHERE THE DEFENDANT IS FOUND NOT GUILTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30135DW.93), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 8-21-310(21) of the 1976 Code, as added by Section 53A, Part II, Act 171 of 1991, is amended to read:
"(21) for expunging criminal records as provided by law, twenty-five dollars. for filing and processing an order for the Destruction of Arrest records, twenty-five dollars, which fee must be for each order regardless of the number of cases contained in the order. The fee under the provisions of this item does not apply to cases where the defendant is found not guilty or where the underlying charge is dismissed or nol prossed unless that dismissal or nol prosse is the result of successful completion of a pretrial intervention program."/
Amend title to conform.
Rep. MARTIN explained the amendment.
Rep. J. BROWN moved to table the amendment, which was not agreed to.
The question then recurred to the adoption of the amendment, which was agreed to.
Further proceedings were interrupted by a motion to reconsider, the pending question being consideration of the Bill.
Rep. D. WILDER moved to reconsider the vote whereby debate was adjourned on the Senate amendments to the following Bill, which was agreed to.
H. 4135 -- Rep. D. Wilder: A BILL TO AMEND ACT 171 OF 1967, AS AMENDED, RELATING TO LAURENS COUNTY SCHOOL DISTRICTS FIFTY-FIVE AND FIFTY-SIX AND THE ANNUAL OPERATING BUDGETS AND TAX LEVY THEREFOR, SO AS TO REVISE THE AUTHORIZED ANNUAL TAX LEVIES BEGINNING WITH THE YEAR 1993.
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.
Rep. M.O. ALEXANDER moved that the House do now adjourn.
Rep. RICHARDSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Anderson Bailey, G. Bailey, J. Barber Baxley Beatty Boan Breeland Brown, H. Brown, J. Byrd Carnell Cato Chamblee Fair Fulmer Hallman Harrelson Harrison Haskins Hines Holt Jaskwhich Jennings Kennedy Kirsh Marchbanks Martin Mattos McKay McMahand Moody-Lawrence Neilson Rudnick Sharpe Sheheen Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Townsend Trotter Wilder, D. Wilder, J. Wilkins Young, A.
Those who voted in the negative are:
Alexander, T.C. Allison Askins Baker Clyborne Cobb-Hunter Cooper Davenport Delleney Farr Felder Gamble Gonzales Harrell Harris, J. Harwell Houck Huff Hutson Keegan Kelley Keyserling Kinon Klauber Lanford Law Littlejohn McCraw McTeer Meacham Neal Richardson Riser Robinson Shissias Simrill Stuart Thomas Tucker Vaughn Waites Walker Wells White Witherspoon Wofford Wright
So, the motion to adjourn was agreed to.
The Senate returned to the House with concurrence the following:
H. 4202 -- Rep. Koon: A CONCURRENT RESOLUTION CONGRATULATING MS. LORRI L. SHEALY OF LEXINGTON COUNTY ON BEING CHOSEN THE "J. WILL PLESS INTERNATIONAL GRADUATE OF THE YEAR" FOR 1993 BY THE INTERNATIONAL LEGAL FRATERNITY PHI DELTA PHI.
H. 4203 -- Rep. Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE TEN OUTSTANDING STUDENTS AT BOILING SPRINGS HIGH SCHOOL AND TO WISH THEM WELL AS THEY CONTINUE TO DISTINGUISH THEMSELVES IN THEIR SCHOOL WORK AND EXTRACURRICULAR ACTIVITIES.
H. 4204 -- Rep. McMahand: A CONCURRENT RESOLUTION COMMENDING MARGARET GRIER OF GREENVILLE COUNTY FOR HER MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO EDUCATION AND WISHING HER HAPPINESS IN HER RETIREMENT.
H. 4207 -- Reps. Quinn, Wright and Riser: A CONCURRENT RESOLUTION TO CONGRATULATE DUTCH FORK ELEMENTARY SCHOOL IN SCHOOL DISTRICT 5 OF LEXINGTON AND RICHLAND COUNTIES UPON BEING DESIGNATED AMONG "AMERICA'S BEST" SCHOOLS BY REDBOOK MAGAZINE.
At 12:59 P.M. the House in accordance with the motion of Rep. KLAUBER adjourned in memory of William W. Wash of Greenwood, to meet at 10:00 A.M. tomorrow.
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