Indicates Matter Stricken
Indicates New Matter
The House assembled at 2:00 P.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Almighty God, to Whom all hearts are open and from Whom no secrets are hidden, keep us from the folly of trying to deceive You. Make Your servants here in the ministry of public affairs faithful to each challenging duty, loyal to every high claim, responsive to the welfare of mankind. Keep our minds clear and fair. May our words be spoken, our deeds done and our thoughts inspired by Your faultless teachings. So send us forth into this day's tasks and opportunities with confidence as our faith is stayed in You.
God, bless us all. 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. RODGERS moved that when the House adjourns, it adjourn in memory of Edwin W. Pike, Jr. of Beaufort, which was agreed to.
The following was received from the Senate.
Columbia, S.C., February 18, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3300:
H. 3300 -- Reps. Breeland, Cave, Inabinett, Mack, J. Hines, Govan, M. Hines, J. Brown, Lloyd, Pinckney and Byrd: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE FOR THE ISSUANCE OF FRATERNITY AND SORORITY LICENSE PLATES AND TO PROVIDE FOR THE DISTRIBUTION OF FEES COLLECTED.
and asks for a Committee of Conference and has appointed Senators Patterson, Hutto and Ravenel of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. STODDARD, LEACH and WOODRUM to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4445 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 20-7-767, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES REGARDING CHILDREN IN FOSTER CARE, SO AS TO REVISE THE DUTIES CONCERNING CONDUCTING VISITS TO FOSTER HOMES AND CONDUCTING INTERVIEWS OF FOSTER FAMILIES; TO DELETE THE PROVISION REQUIRING STATE EMPLOYEES TO REPORT VIOLATIONS OF THIS SECTION; TO REQUIRE DEPARTMENT PERSONNEL TO TAKE REASONABLE STEPS TO ASSURE COMPLIANCE WITH THIS SECTION AND TO STATE THE DUTIES OF FOSTER PARENTS TO COMPLY WITH THIS SECTION.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, on:
H. 3382 -- Reps. Robinson, Cromer, Barrett, Neal, Kirsh, Sandifer, Harrison, Limbaugh, D. Smith, Meacham and Trotter: A BILL TO AMEND SECTION 12-21-2710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE POSSESSION OF CERTAIN TYPES OF GAMING OR SLOT MACHINES, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ANTIQUE SLOT MACHINES MADE BEFORE JANUARY 1, 1965, WHICH ARE KEPT BY THE OWNER THEREOF IN HIS PRINCIPAL RESIDENCE AND NOT USED FOR COMMERCIAL OR GAMING PURPOSES.
Ordered for consideration tomorrow.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4468 -- Reps. Harrison and Cotty: A BILL TO AMEND SECTION 19-1-180, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIBILITY OF OUT-OF-COURT STATEMENTS BY CERTAIN CHILDREN, SO AS TO EXPAND THE ADMISSIBILITY OF THESE STATEMENTS TO INCLUDE CHILDREN WHO FUNCTION COGNITIVELY, ADAPTIVELY, OR DEVELOPMENTALLY UNDER AGE TWELVE; TO AMEND SECTION 20-7-420, AS AMENDED, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY TO HEAR AND DETERMINE ACTIONS CONCERNING CONTROL OF A MINOR, INCLUDING GUARDIANSHIP OF A MINOR; TO AMEND SECTION 20-7-490, AS AMENDED, RELATING TO DEFINITIONS USED IN ARTICLE 7, CHAPTER 7, TITLE 20, SO AS TO ALSO APPLY THESE DEFINITIONS TO OTHER ARTICLES IN THE CHILDREN'S CODE; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED TO REPORT CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DUTY TO REPORT EXISTS REGARDLESS OF WHO THE REPORTER BELIEVES TO BE THE PERPETRATOR OF THE ABUSE; TO AMEND SECTION 20-7-540, AS AMENDED, RELATING TO IMMUNITY FROM LIABILITY FOR REPORTING CHILD ABUSE OR NEGLECT, SO AS TO EXPAND THE IMMUNITY TO PERSONS WHO PARTICIPATE IN AN INVESTIGATION OF ABUSE OR NEGLECT; TO AMEND SECTION 20-7-545, AS AMENDED, RELATING TO IMMUNITY OF THE DEPARTMENT OF SOCIAL SERVICES PERSONNEL FROM LIABILITY FOR PERFORMING CHILD PROTECTIVE SERVICES OR CHILD WELFARE FUNCTIONS, SO AS TO ALSO INCLUDE CONTRACT EMPLOYEES; TO AMEND SECTION 20-7-610, AS AMENDED, RELATING TO EMERGENCY PROTECTIVE CUSTODY PROCEDURES, SO AS TO REVISE CERTAIN PROCEDURES; TO AMEND SECTION 20-7-618 RELATING TO DETAINMENT OF ABUSED OR NEGLECTED CHILDREN BY MEDICAL PROFESSIONALS WITHOUT PARENTAL CONSENT, SO AS TO CLARIFY THAT SUCH DETAINMENT IS NOT KEEPING A CHILD IN EMERGENCY PHYSICAL CUSTODY; TO AMEND SECTION 20-7-650, AS AMENDED, RELATING TO THE DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES IN CONNECTION WITH CHILD ABUSE AND NEGLECT, SO AS TO CLARIFY THAT THE DEPARTMENT IS NOT REQUIRED TO BEGIN AN INVESTIGATION OF A CHILD WHO DIED OF ABUSE OR NEGLECT WITHIN TWENTY-FOUR HOURS UNLESS OTHER CHILDREN ARE IN THE HOME OR IF THE ALLEGED PERPETRATOR IS THE PARENT OR GUARDIAN AND TO REVISE CERTAIN PROCEDURES WHEN A CHILD IS IN PLACEMENT WITH A RELATIVE; TO AMEND SECTION 20-7-690, AS AMENDED, RELATING TO CONFIDENTIALITY OF ABUSE AND NEGLECT REPORTS AND RECORDS, SO AS TO REVISE CERTAIN PERSONS, AGENCIES, OR ENTITIES WHICH MAY HAVE ACCESS TO THESE REPORTS AND RECORDS AND TO AUTHORIZE THE DEPARTMENT TO DISCLOSE NECESSARY INFORMATION TO PARTICIPANTS IN A FAMILY GROUP CONFERENCE; TO AMEND SECTION 20-7-765 RELATING TO FOSTER CARE TREATMENT PLAN REQUIREMENTS REGARDING SUBSTANCE ABUSE, SO AS TO CHANGE THE TERM "TREATMENT PLAN" TO "PLACEMENT PLAN"; TO AMEND SECTION 20-7-766, AS AMENDED, RELATING TO THE PERMANENCY PLANNING HEARING FOR CHILDREN IN FOSTER CARE, SO AS TO MAKE THE AGE REQUIREMENTS AND INITIATION PROCEDURES FOR A JUDICIAL STATUS REVIEW INTERNALLY CONSISTENT WITHIN THE SECTION; TO AMEND SECTION 20-7-1572, AS AMENDED, RELATING TO TERMINATION OF PARENTAL RIGHTS, SO AS TO ADD AS A GROUND FOR TERMINATION, CONVICTION FOR CERTAIN CRIMES AGAINST THE PERSON, INCLUDING CRIMINAL DOMESTIC VIOLENCE; TO AMEND SECTION 20-7-2376, AS AMENDED, RELATING TO FUNCTIONS AND POWERS OF LOCAL FOSTER CARE REVIEW BOARDS, SO AS TO REQUIRE THE BOARDS TO SUBMIT TO THE COURT WRITTEN REPORTS, DISTINCTIVE FROM OTHER DOCUMENTS IN THE FILE, AND TO AUTHORIZE THE BOARD TO REQUEST AN EMERGENCY HEARING IF THE BOARD CONCLUDES THAT THE SAFETY OF A CHILD IS IN IMMINENT DANGER; TO AMEND SECTION 59-63-31 RELATING TO GROUNDS FOR ATTENDING A PUBLIC SCHOOL IN A DISTRICT WITHOUT CHARGE IF THE CHILD IS IN THE CUSTODY OF THE DEPARTMENT OF SOCIAL SERVICES, SO AS TO REVISE THESE GROUNDS; TO AMEND JOINT RESOLUTION 157 OF 1997 RELATING TO THE PILOT CHILD PROTECTIVE SERVICES SYSTEM, SO AS TO CLARIFY THAT THE EVALUATION REQUIRED TO BE CONDUCTED IS THE ONLY EVALUATION THAT MUST BE PERFORMED BY THE DEPARTMENT OF SOCIAL SERVICES IN COUNTIES PARTICIPATING IN THE PILOT AND TO EXPAND FROM THIRTY TO FORTY-FIVE DAYS THE TIME WITHIN WHICH A DETERMINATION MUST BE MADE FOR A CASE TO BE REFERRED TO THE PILOT SYSTEM.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3760 -- Reps. Moody-Lawrence, F. Smith, Mason, Cromer, Lee, J. Hines, Neilson, Littlejohn, Seithel, Maddox, J. Smith, Cave, Govan, Lloyd, Gourdine, Clyburn, Harvin, McMahand, Hinson, Kinon, Kennedy, M. Hines, McCraw, Parks, Howard, T. Brown, Stille, Allison, Limbaugh, Byrd, Hodges, Inabinett, Davenport, Kirsh, Neal, Bowers, Rodgers, Cobb-Hunter, Carnell, Riser, Baxley, Mack, Witherspoon, Canty, Phillips, Wilder, Breeland, Limehouse, Simrill, Jennings and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-41-345, SO AS TO REQUIRE A FEMALE WHO IS PREGNANT, UNMARRIED, AND UNDER EIGHTEEN TO COMPLETE A PREGNANCY PREVENTION EDUCATION COURSE CONDUCTED BY COUNTY HEALTH DEPARTMENTS; TO PROVIDE FOR THE COURSE CONTENT; AND TO REQUIRE PROFESSIONALS PROVIDING HEALTH CARE TO REFER THESE WOMEN TO THE APPROPRIATE HEALTH DEPARTMENT AS A COMPONENT OF THEIR HEALTH CARE.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4381 -- Reps. Cobb-Hunter, Canty and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-205 SO AS TO REQUIRE AN AGENCY RECEIVING FUNDS FROM THE DEPARTMENT OF SOCIAL SERVICES FOR THE TREATMENT OF PERPETRATORS OF DOMESTIC VIOLENCE TO COMPLY WITH PROGRAM STANDARDS CONTAINED IN THE DEPARTMENT'S ANNUAL BATTERED SPOUSE STATE PLAN.
Ordered for consideration tomorrow.
Rep. J. BROWN, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 583 -- Senator Giese: A BILL TO AMEND SECTION 40-47-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELEVANT TO RESPIRATORY CARE, SO AS TO REVISE THE DEFINITIONS OF THE "PRACTICE OF RESPIRATORY CARE"; TO AMEND SECTION 40-47-530, RELATING TO EXEMPTIONS FROM RESPIRATORY CARE REGULATION, SO AS TO INCLUDE AS AN EXEMPTION EMPLOYEES OF DURABLE MEDICAL EQUIPMENT COMPANIES UNDER CERTAIN CONDITIONS; TO AMEND SECTIONS 40-47-520, 40-47-590, 40-47-600, AS AMENDED, 40-47-610, 40-47-620, 40-47-625, 40-47-630, AS AMENDED, 40-47-640, 40-47-650, 40-47-655, AS AMENDED, AND 40-47-660, AS AMENDED, ALL RELATING TO THE CERTIFICATION AND REGULATION OF RESPIRATORY CARE THERAPISTS, SO AS TO REQUIRE LICENSURE RATHER THAN CERTIFICATION.
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4543 -- Rep. Gamble: A BILL TO AMEND SECTION 34-13-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM AMOUNTS OF BANK LOANS, SO AS TO CONFORM THE AMOUNTS TO FEDERAL LAW BY SETTING THE MAXIMUMS AS PERCENTAGES OF THE BANK'S UNIMPAIRED CAPITAL AND BY DEFINING "UNIMPAIRED CAPITAL".
Ordered for consideration tomorrow.
Rep. CATO, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3792 -- Reps. Cato and Walker: A BILL TO AMEND SECTION 38-73-540, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE, CASUALTY AND SURETY RATES, AND ASSIGNED RISKS, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT INSURERS THAT PARTICIPATE IN THE VOLUNTARY MARKET SHALL PARTICIPATE IN CERTAIN MECHANISMS PROVIDED FOR IN THIS SECTION AND SHALL PAY THEIR ASSESSMENTS, IF ANY.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4113 -- Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-24-45, SO AS TO PROVIDE THAT A SCHOOL DISTRICT SUPERINTENDENT IN SOUTH CAROLINA SHALL NOT RECEIVE OR BE OFFERED DIRECTLY OR INDIRECTLY FOR THE PERFORMANCE OR CONTINUATION OF HIS DUTIES A SUPPLEMENT, OTHER COMPENSATION, OR VALUABLE CONSIDERATION FROM ANY NONGOVERNMENTAL SOURCE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT THE ABOVE PROVISIONS SHALL TAKE EFFECT MAY 1, 1997.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4383 -- Reps. Cobb-Hunter, Canty, McLeod and Moody-Lawrence: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 105 TO TITLE 59 SO AS TO REQUIRE AN INSTITUTION OF HIGHER LEARNING TO DEVELOP, PUBLISH, AND IMPLEMENT POLICIES AND PRACTICES TO PROMOTE PREVENTION AND AWARENESS OF CAMPUS SEXUAL ASSAULT.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 4346 -- Reps. Stuart, Stoddard, Leach, Rodgers, Loftis, Martin, Neal, Mason, Stille, Walker and Woodrum: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 78 SO AS TO PROVIDE CERTAIN PRODUCTION AND DISTRIBUTION GUIDELINES FOR SPECIAL LICENSE PLATES; AND TO AMEND SECTION 56-3-3710, AS AMENDED, RELATING TO THE PRODUCTION AND DISTRIBUTION OF SPECIAL COLLEGE AND UNIVERSITY LICENSE PLATES, SO AS TO REVISE THE PROCEDURE TO REQUEST A CHANGE IN A LICENSE PLATE EMBLEM, SEAL, OR SYMBOL.
Ordered for consideration tomorrow.
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3150 -- Reps. Haskins and Robinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 56-5-616 AND 56-5-617 SO AS TO DEFINE THE HIGHWAYS ENCOMPASSING THE INTERSTATE HIGHWAY SYSTEM AND THE STATE HIGHWAY PRIMARY SYSTEM; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO REVISE THE SPEED LIMITS ALONG THE STATE'S HIGHWAYS; TO AMEND SECTION 56-5-1535, AS AMENDED, RELATING TO SPEEDING IN WORK ZONES, SO AS TO REVISE THE LANGUAGE ON SIGNS POSTED IN A WORK ZONE AND TO PROVIDE THAT THE PENALTY CONTAINED ON SIGNS POSTED IN A WORK ZONE ARE IN ADDITION TO OTHER PENALTIES FOR SPEEDING; TO AMEND SECTION 56-5-1540, RELATING TO THE ALTERATION OF SPEED LIMITS BY LOCAL AUTHORITIES, SO AS TO REVISE THE MAXIMUM SPEED LIMIT IN AN URBAN DISTRICT; TO REPEAL SECTION 56-5-1510, RELATING TO THE STATE'S FIFTY-FIVE MILE AN HOUR MAXIMUM SPEED LIMIT AND FEDERAL LAWS THAT PERMIT THE STATE TO SET SPEED LIMITS GREATER THAN FIFTY-FIVE MILES AN HOUR.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 897 -- Senator Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO EXERCISE CONGRESSIONAL JURISDICTION OVER COMMERCE OVER THE INTERNET BY ESTABLISHING A MORATORIUM ON THE IMPOSITION OF EXACTIONS THAT WOULD INTERFERE WITH THE FLOW OF COMMERCE VIA THE INTERNET.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
S. 1010 -- Senators Hayes, Peeler, Gregory and Short: A CONCURRENT RESOLUTION RECOGNIZING YORK COUNTY FOR ITS MANY ACCOMPLISHMENTS AND DECLARING MARCH 10, 1998, "YORK COUNTY DAY".
Whereas, the population of York County has grown over twenty percent during the past ten years to a current total of 143,800 and is expected to grow by 76,000 by the year 2015; and
Whereas, York County ranked second in the State in the number of jobs announced during 1997, with 2,296 new jobs; and
Whereas, York County's total estimated assessed property valuation for 1997 exceeded 558.2 million dollars; and
Whereas, York County expects to announce over 250 million dollars in existing industry investment in 1998; and
Whereas, gross retail sales in York County have more than doubled since 1986 and increased over five percent during the past year to an estimated 2.5 billion dollars; and
Whereas, a total of seventy companies, some nationally known, announced plans to locate or expand in York County in 1997, providing a capital investment of over 214 million dollars; and
Whereas, the citizens of York County passed a one cent sales tax to collect approximately 99 million dollars to be used to pay for critical road improvements. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize York County for its many accomplishments and declare March 10, 1998, "York County Day".
Be it further resolved that a copy of this resolution be forwarded to each of the six chambers of commerce in York County.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was taken up for immediate consideration:
S. 1032 -- Senators J. Verne Smith, Alexander, Anderson, Branton, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hayes, Holland, Hutto, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Ravenel, Reese, Russell, Ryberg, Saleeby, Setzler, Short, Thomas, Waldrep, Washington and Wilson: A CONCURRENT RESOLUTION TO DECLARE FEBRUARY, 1998, "VULNERABLE ADULT AWARENESS MONTH" FOR 1998 IN SOUTH CAROLINA, AND TO ENCOURAGE ALL SOUTH CAROLINIANS TO RECOGNIZE THIS EVENT BY REEMPHASIZING THEIR COMMITTMENT TO IMPROVING THE HEALTH, SAFETY, DIGNITY, AND WELL-BEING OF ALL DISABLED AND ELDERLY ADULTS.
Whereas, our state's senior citizens and persons with disabilities are vital members of our families, our society, and our communities; and
Whereas, the Omnibus Adult Protection Act was passed by the South Carolina General Assembly in order to strengthen families, make our communities safer, and protect vulnerable disabled and elderly persons from abuse, neglect, and exploitation; and
Whereas, the General Assembly seeks to support the worth and dignity of all individuals and ensure the right of all citizens to live free of abuse, neglect, and exploitation; and
Whereas, all South Carolinians are urged to join hands to ensure that our state's most vulnerable citizens are assured a life free from harm. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, declares February, 1998, "Vulnerable Adult Awareness Month" in South Carolina and encourages all South Carolinians to recognize this event by reemphasizing their commitment to improving the health, safety, dignity, and well-being of all disabled and elderly adults.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4645 -- Reps. Klauber, Young, Jennings, Scott, Mullen, Beck, Maddox, Miller and Hawkins: A BILL TO AMEND SECTION 61-6-1500, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON RETAIL ALCOHOLIC LIQUOR DEALERS, SO AS TO REVISE THE SIZE OF CONTAINERS CONTAINING ALCOHOLIC LIQUORS WHICH A RETAIL DEALER IS PERMITTED TO OWN OR KEEP IN HIS POSSESSION.
Referred to Committee on Judiciary.
H. 4646 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-15-455 SO AS TO AUTHORIZE THE STATE ELECTION COMMISSION TO ESTABLISH, IN COOPERATION WITH THE FEDERAL VOTING ASSISTANCE PROGRAM, A PILOT PROJECT FOR THE PURPOSE OF PERMITTING ARMED FORCES PERSONNEL AND OVERSEAS CITIZENS TO TRANSMIT THEIR VOTES BY USE OF AN ELECTRONIC MEDIUM USING THE INTERNET, TO PROVIDE THAT THE PILOT PROJECT TERMINATES DECEMBER 31, 2000, TO REQUIRE THE STATE ELECTION COMMISSION TO REPORT THE RESULTS OF THE PILOT PROJECT AND RECOMMEND TO THE GENERAL ASSEMBLY POSSIBLE FUTURE APPLICATIONS WHICH MAY BE UTILIZED FOR VOTING BY ELECTRONIC MEANS USING THE INTERNET, AND TO REPEAL SECTION 7-15-455, EFFECTIVE DECEMBER 31, 2000.
Referred to Committee on Judiciary.
H. 4647 -- Reps. Barfield, Cotty, Littlejohn and Hamilton: A BILL TO AMEND SECTION 14-1-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONTEMPT OF COURT, SO AS TO PROVIDE FOR THE APPLICATION OF CRIMINAL CONTEMPT PENALTIES, AT THE DISCRETION OF THE COURT, UPON THE WILFUL VIOLATION OF AN INJUNCTION.
Referred to Committee on Judiciary.
H. 4648 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SOUTH CAROLINA CENTRAL CANCER REGISTRY, DESIGNATED AS REGULATION DOCUMENT NUMBER 2262, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4649 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, OFFICE OF RESEARCH AND STATISTICS, RELATING TO DATA REPORTING REQUIREMENTS PERTAINING TO SUBMISSION OF AMBULATORY ENCOUNTER DATA, DESIGNATED AS REGULATION DOCUMENT NUMBER 2237, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4650 -- Reps. Edge, Barfield, Witherspoon and Kelley: A BILL TO PROVIDE THAT THE MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION ELECTED IN THE YEAR 2000 ONLY AS PROVIDED BY LAW SHALL SERVE FOR TERMS OF TWO YEARS EACH RATHER THAN FOR TERMS OF FOUR YEARS EACH, AND TO PROVIDE THAT AT THE 2002 GENERAL ELECTION, FOUR-YEAR TERMS MUST BE RESUMED, AND THE BOARD SHALL BE REDUCED TO SEVEN MEMBERS, WITH SIX MEMBERS ELECTED FROM DEFINED SINGLE-MEMBER ELECTION DISTRICTS ESTABLISHED AND DRAWN BASED ON THE RESULTS OF THE YEAR 2000 CENSUS AND THE SEVENTH MEMBER WHO SHALL CONTINUE TO BE THE CHAIRMAN ELECTED FROM THE COUNTY AT LARGE.
On motion of Rep. EDGE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4651 -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-29-732 SO AS TO REQUIRE THAT A LOT COMPRISING A PARCEL OF REAL PROPERTY SMALLER THAN TWO ACRES MUST BE ZONED SO THAT THE LOT IS INCLUDED TOTALLY WITHIN ONE ZONING DISTRICT.
Referred to Committee on Judiciary.
H. 4652 -- Rep. Edge: A BILL TO AMEND SECTION 12-6-3400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDIT FOR A SOUTH CAROLINA RESIDENT FOR TAX PAID TO ANOTHER STATE, SO AS TO ALLOW A CREDIT FOR TAX PAID IN ANOTHER STATE ON FUNDS CONTRIBUTED TO A RETIREMENT ACCOUNT WHEN THIS STATE'S TAX BECOMES DUE UPON WITHDRAWAL OF THOSE FUNDS FROM THE RETIREMENT ACCOUNT.
Referred to Committee on Ways and Means.
H. 4653 -- Rep. Edge: A BILL TO AMEND SECTION 56-1-460, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR DRIVING WHILE A PERSON'S DRIVER'S LICENSE IS CANCELED, SUSPENDED, OR REVOKED, SO AS TO PROVIDE THAT CERTAIN CONVICTIONS, PLEAS, AND FORFEITURES OF BAIL CONSTITUTE A PRIOR OFFENSE FOR THE PURPOSE OF PROSECUTION OF A SUBSEQUENT VIOLATION.
Referred to Committee on Judiciary.
H. 4654 -- Rep. Sharpe: A BILL TO AMEND SECTION 50-3-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISION OF ENFORCEMENT OFFICERS, SO AS TO DELETE A PROVISION PERTAINING TO CONTRACTING WITH AND DISMISSAL OF ENFORCEMENT OFFICERS; AND TO AMEND SECTION 50-3-310, AS AMENDED, RELATING TO THE APPOINTMENT OF ENFORCEMENT OFFICERS OF THE NATURAL RESOURCES ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT AN ENFORCEMENT OFFICER MAY BE REMOVED BY THE DIRECTOR AT HIS DISCRETION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4655 -- Rep. Sharpe: A BILL TO AMEND SECTION 44-96-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE SOLID WASTE MANAGEMENT POLICY AND GOALS, SO AS TO REVISE THE STATE GOALS CONCERNING SOLID WASTE REDUCTION AND RECYCLING; TO AMEND SECTION 44-96-60, AS AMENDED, RELATING TO THE STATE SOLID WASTE MANAGEMENT PLAN, ANNUAL REPORT, AND ADVISORY COUNCIL, SO AS TO AUTHORIZE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO ESTABLISH PROCEDURES AND PROMULGATE REGULATIONS NECESSARY TO OBTAIN RECYCLING DATA; AND TO AMEND SECTION 44-96-150 RELATING TO PLASTIC PACKAGING FOR PRODUCTS, SO AS TO REQUIRE THAT LABELING ON SUCH PACKAGING MUST BE INTERPRETED TO CONFORM WITH NATIONWIDE PLASTICS INDUSTRY STANDARDS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4656 -- Reps. Breeland, Seithel, Chellis, Harrell, Campsen, Altman, Whipper, Limehouse, Dantzler, Inabinett, Whatley and Mack: A BILL TO AMEND SECTION 7-7-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN CHARLESTON COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED.
On motion of Rep. BREELAND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4657 -- Rep. Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-19-65 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OFFER FOR SALE "SCRATCH AND WIN" CARDS OR REQUIRE A PERSON TO PURCHASE AN ITEM IN ORDER TO RECEIVE A CARD AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
S. 534 -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
Referred to Committee on Labor, Commerce and Industry.
S. 605 -- Senator Cork: A BILL TO AMEND SECTION 4-5-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANNEXATION OF PART OF ONE COUNTY BY ANOTHER, SO AS TO REQUIRE THE APPROVAL OF THE COUNTY COUNCIL OF THE COUNTY FROM WHICH THE AREA IS PROPOSED TO BE TRANSFERRED WHERE THE AREA TO BE ANNEXED IS LESS THAN FIVE THOUSAND ACRES IN SIZE OR WHERE THE AREA TO BE ANNEXED HAS A POPULATION RATIO OF LESS THAN ONE ELECTOR FOR EACH TEN ACRES.
Referred to Committee on Judiciary.
S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.
Referred to Committee on Judiciary.
S. 881 -- Senator Peeler: A BILL TO AMEND ACT 588 OF 1994, RELATING TO THE ONE CENT SALES AND USE TAX IMPOSED FOLLOWING REFERENDUM APPROVAL IN CHEROKEE COUNTY FOR DEBT SERVICE ON BONDED INDEBTEDNESS OF CHEROKEE COUNTY SCHOOL DISTRICT 1 AND THE PER PUPIL ALLOCATION FOR CAPITAL PROJECTS TO ANY OTHER SCHOOL DISTRICT IN CHEROKEE COUNTY, SO AS TO REQUIRE A PRO RATA REFUND OF PROPERTY TAXES FOR BONDED INDEBTEDNESS FOR SCHOOLS FROM EXCESS SALES AND USE TAX COLLECTED FOR THIS PURPOSE IN THE FOLLOWING YEAR IN THE MANNER THAT THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT, IN CONSULTATION WITH THE COUNTY AUDITOR AND TREASURER, SHALL DETERMINE.
On motion of Rep. PHILLIPS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1031 -- Senators Martin, Alexander, Bryan and Waldrep: A BILL TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 59-39-105 OF THE 1976 CODE RELATING TO THE REQUIREMENTS FOR A STAR DIPLOMA, FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL WHO HAVE COMPLETED TWENTY-FOUR UNITS OF CREDIT WITH THE ADDITIONAL REQUIRED UNITS IN ANY COURSE SHALL MEET THE COURSE REQUIREMENTS FOR THE STAR DIPLOMA AND SCHOLARSHIP; AND TO AMEND SECTION 59-39-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STAR DIPLOMAS AND THE REQUIREMENTS FOR A STAR DIPLOMA, SO AS TO PROVIDE THAT HONORS COURSES SHALL BE INCLUDED, ALONG WITH ADVANCED PLACEMENT AND INTERNATIONAL BACCALAUREATE COURSES, IN THOSE COURSES WHERE GRADE POINT AVERAGES ARE ADJUSTED TO REFLECT GREATER DIFFICULTY.
On motion of Rep. HARRELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4658 -- Reps. Delleney, D. Smith, Canty, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Easterday, Edge, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, FEBRUARY 25, 1998, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE SUPREME COURT, WHOSE TERM EXPIRES JULY 31, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE COURT OF APPEALS, SEAT 9, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE SIXTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 2, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE FIRST JUDICIAL CIRCUIT, SEAT 3, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SECOND JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRD JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SEVENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE EIGHTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE NINTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE ELEVENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE TWELFTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 4, WHOSE TERM EXPIRES JUNE 30, 1998; TO FILL THE OFFICE OF JUDGE OF THE FAMILY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, SEAT 6, CREATED IN THE 1997-98 APPROPRIATIONS ACT, WHOSE TERM EXPIRES JUNE 30, 2004; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FOURTEENTH JUDICIAL CIRCUIT, SEAT 3, WHOSE TERM EXPIRES JUNE 30, 2001; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 1998; TO ELECT A SUCCESSOR TO A JUDGE OF THE FAMILY COURT OF THE SIXTEENTH JUDICIAL CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1998; AND TO ELECT A SUCCESSOR TO A JUDGE OF THE ADMINISTRATIVE LAW DIVISION, SEAT 5, WHOSE TERM EXPIRES JUNE 30, 1998.
Whereas, the elections for certain judicial offices were originally scheduled to be filled by the General Assembly on June 17, 1997; and
Whereas, since that time several additional judicial offices have been created which need to be filled; and
Whereas, now the terms for many other judicial offices are expiring this year and need to be filled. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That House of Representatives and the Senate shall meet in joint assembly in the Hall of the House of Representatives on Wednesday, February 25, 1998, at 12:00 noon to elect a successor to the Honorable James E. Moore, Associate Justice of the Supreme Court, whose term expires July 31, 1998; to elect a successor to the Honorable Ralph K. Anderson, Jr., Judge of the Court of Appeals, Seat 9, whose term expires June 30, 1998; to fill the office of Judge of the First Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Rodney A. Peeples, Judge of the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas W. Cooper, Jr., Judge of the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Paul M. Burch, Judge of the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Don S. Rushing, Judge of the Sixth Judicial Circuit, whose term expires June 30, 1998; to elect a successor to the Honorable Tom J. Ervin, Judge of the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Henry F. Floyd, Judge of the Thirteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Thirteenth Judicial Circuit, Seat 4, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Sidney T. Floyd, Judge of the Fifteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable John C. Hayes III, Judge of the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to fill the office of Judge of the Sixteenth Judicial Circuit, Seat 2, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Alvin C. Biggs, Judge of the Family Court for the First Judicial Circuit, Seat 2, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the First Judicial Circuit, Seat 3, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Peter R. Nuessle, Judge of the Family Court for the Second Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Ruben L. Gray, Judge of the Family Court for the Third Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Roger E. Henderson, Judge of the Family Court for the Fourth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable H. Bruce Williams, Judge of the Family Court for the Fifth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Donna S. Strom, Judge of the Family Court for the Fifth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to elect a successor to the Honorable Thomas E. Foster, Judge of the Family Court for the Seventh Judicial Circuit, Seat 2, whose term expires June 30, 2001; to elect a successor to the Honorable Stuart H. Hall, Judge of the Family Court for the Seventh Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable John M. Rucker, Judge of the Family Court for the Eighth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable William K. Charles, Jr., Judge of the Family Court for the Eighth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable F.P. Segars-Andrews, Judge of the Family Court for the Ninth Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Judy Cone Bridges, Judge of the Family Court for the Ninth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Ninth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Franklin McClain, Judge of the Family Court for the Tenth Judicial Circuit, Seat 1, whose term expires June 30, 2001; to elect a successor to the Honorable Robert H. Cureton, Judge of the Family Court for the Tenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable W. Frank Rogers, Jr., Judge of the Family Court for the Eleventh Judicial Circuit, Seat 1, whose term expires June 30, 1998; to elect a successor to the Honorable Wylie H. Caldwell, Jr., Judge of the Family Court for the Twelfth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Amy C. Sutherland, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 3, whose term expires June 30, 1998; to elect a successor to the Honorable Alvin D. Johnson, Judge of the Family Court for the Thirteenth Judicial Circuit, Seat 4, whose term expires June 30, 1998; to fill the office of Judge of the Family Court of the Thirteenth Judicial Circuit, Seat 6, created in the 1997-98 Appropriations Act, whose term expires June 30, 2004; to elect a successor to the Honorable Jane Dowling Fender, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable Donald A. Fanning, Judge of the Family Court for the Fourteenth Judicial Circuit, Seat 3, whose term expires June 30, 2001; to elect a successor to the Honorable Lisa A. Kinon, Judge of the Family Court for the Fifteenth Judicial Circuit, Seat 2, whose term expires June 30, 1998; to elect a successor to the Honorable John S. Flynn, Judge of the Family Court for the Sixteenth Judicial Circuit, Seat 1, whose term expires June 30, 1998; and to elect a successor to the Honorable Ray N. Stevens, Judge of the Administrative Law Division, Seat 5, whose term expires June 30, 1998.
Be it further resolved that all nominations must be made by the Chairman of the Judicial Merit Selection Commission and that no further nominating or seconding speeches may be made by members of the General Assembly on behalf of any candidate.
Rep. WILKINS explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4659 -- Rep. McMahand: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING MRS. GEORGIA WALKER-HALLUMS OF GREENVILLE COUNTY FOR HER MANY CONTRIBUTIONS ENHANCING THE QUALITY OF LIFE IN HER COMMUNITY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Altman Askins Bailey Barfield Barrett Battle Bauer Baxley Beck Boan Bowers Breeland Brown, G. Brown, H. Brown, J. Brown, T. Campsen Canty Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Gourdine Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Mack Maddox Martin Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neal Neilson Phillips Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkes Wilkins Witherspoon Woodrum Young Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, February 18.
Marion P. Carnell Mark S. Kelley Larry L. Koon Richard M. Quinn, Jr. Clementa C. Pinckney Alma W. Byrd Douglas Jennings, Jr.
LEAVE OF ABSENCE
The SPEAKER granted Rep. SPEARMAN a leave of absence.
Announcement was made that Dr. Monnieque Singleton of Denmark is the Doctor of the Day for the General Assembly.
Rep. R. SMITH and the Aiken County Delegation presented to the House the Silver Bluff High School Marching Band of Aiken County, winners of the 1997 2A State Marching Band Championship, their director, assistants and school officials.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and the papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
BILL NUMBER: H. 4549
DATE ADD
2/18/98 Walton J. McLeod
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading.
H. 4400 -- Rep. D. Smith: A BILL TO AMEND ACT 321 OF 1969, RELATING TO THE CREATION OF THE DRAYTON FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE THE AMOUNT THE BOARD OF FIRE CONTROL MAY BORROW FROM TWENTY THOUSAND DOLLARS TO FIVE HUNDRED THOUSAND DOLLARS.
H. 4630 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 951 OF 1970, AS AMENDED, RELATING TO THE SOUTH SIDE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM TWENTY THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
H. 4637 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 482 OF 1969, AS AMENDED, RELATING TO THE JONESVILLE FIRE DISTRICT IN UNION COUNTY, SO AS TO INCREASE ITS BORROWING AUTHORITY FROM SEVENTY-FIVE THOUSAND DOLLARS TO TWO HUNDRED FIFTY THOUSAND DOLLARS.
H. 4636 -- Reps. Harrell, Robinson, Campsen, Easterday, Sandifer, Whipper, Baxley, Seithel, Allison, Hinson, McKay, Littlejohn, Jennings, J. Hines, R. Smith, Clyburn, Bailey, Edge, Leach, Cobb-Hunter, Wilkins, Scott, McCraw, Neilson, T. Brown, Townsend, Chellis, Davenport, Stille, Young-Brickell, Walker, Woodrum, Rodgers, Webb, Gamble, A. Harris, Klauber, Kinon, Bauer, Dantzler, Phillips, Cato, Bowers, Barrett, Meacham and Mack: A JOINT RESOLUTION TO PROVIDE THAT NOTWITHSTANDING THE PROVISIONS OF SECTION 59-39-105 OF THE 1976 CODE RELATING TO THE REQUIREMENTS FOR A STAR DIPLOMA, FOR THE 1997-98 AND 1998-99 SCHOOL YEARS ONLY, GRADUATING SENIORS FROM HIGH SCHOOL SHALL BE GRANTED A WAIVER AS AND IF NECESSARY OF THE ADDITIONAL COMPUTER SCIENCE UNIT OR THE ADDITIONAL MATHEMATICS UNIT, OR BOTH, REQUIRED FOR A STAR DIPLOMA AND SCHOLARSHIP.
Rep. HARRELL explained the Joint Resolution.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 567 -- Senators Wilson and Giese: A BILL TO AMEND CHAPTER 13, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF COSMETOLOGY AND COSMETOLOGISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL AND ADMINISTRATIVE FRAMEWORK ESTABLISHED FOR PROFESSIONS AND OCCUPATIONS IN CHAPTER 1, TITLE 40, AND AMONG OTHER THINGS, TO DISCONTINUE THE ISSUANCE OF TEMPORARY PERMITS AND TO TRANSFER STUDENT RECORDKEEPING RESPONSIBILITIES FROM THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO BEAUTY SCHOOLS.
The following Bill was taken up.
H. 4377 -- Reps. Haskins, Spearman, Kirsh, Wilkins, Bauer, Cato, Gamble, Leach, Sandifer, Young-Brickell, Riser, Moody-Lawrence and McLeod: A BILL TO AMEND CHAPTER 75, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LICENSED PROFESSIONAL COUNSELORS BY ADDING ARTICLE 3, SO AS TO PROVIDE FOR THE LICENSURE AND REGULATION OF SPECIALISTS IN SCHOOL PSYCHOLOGY; TO AMEND SECTION 40-75-20, RELATING TO THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO ADD A SPECIALIST IN SCHOOL PSYCHOLOGY TO THE BOARD; TO REQUIRE PERSONS QUALIFIED TO PRACTICE SCHOOL PSYCHOLOGY ON THE EFFECTIVE DATE OF THIS ACT TO APPLY FOR LICENSURE BEFORE OCTOBER 1, 1998; AND TO DESIGNATE SECTIONS 40-75-10 THROUGH 40-75-190 AS ARTICLE 1 OF CHAPTER 75, TITLE 40, ENTITLED "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS" AND TO RENAME CHAPTER 75, TITLE 40 "PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, MARITAL AND FAMILY THERAPISTS, AND SPECIALISTS IN SCHOOL PSYCHOLOGY".
Rep. ROBINSON proposed the following Amendment No. 3 (Doc Name P:\AMEND\PSD\7198AC.98), which was adopted.
Amend the bill, as and if amended, page 4377-5, line 21, by inserting:
/(D) School districts employing licensed specialists in school psychology on a contractual basis during the school year may require, upon contract renewal, notification of intent to perform school psychology services in the private sector./
Renumber sections to conform.
Amend totals and title to conform.
Rep. ROBINSON 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. 3820 -- Reps. Beck, Edge, Mason, Carnell, Trotter, Sharpe, Cato, R. Smith, Clyburn, Limehouse, H. Brown, Harrison, Bailey and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15427AC.98), which was adopted.
Amend the bill, as and if amended, Section 40-55-50(A)(1), Page 2, by deleting item (b) and inserting:
/(b) identifying psychological or neuropsychological aspects of other dysfunctions, diseases, or disabilities;/
Amend the bill further, Section 40-55-50(A)(1), Page 2, by deleting item (h) and inserting:
/(h) preventing mental disorders or maladaptive behavior related to other dysfunction, disease, or disability./
Amend the bill further, Section 40-55-50(A)(1), page 3820-2, line 36, after /diagnosis/ by inserting /of mental disorders/ so when amended, the last paragraph of section (A)(1) reads:
/For purposes of this section, 'assessment' refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: observation, description, testing, appraisal, evaluation, screening, test interpretation, interviewing, diagnosis of mental disorders, neuropsychological testing, psychological testing or evaluation or psycho-educational testing or evaluation, or a combination of any of these for any of the purposes identified in this item./
Amend the bill further, Section 40-55-50(A)(2)(c), Page 3, line 8, by deleting /casual/ and inserting /causal/ so when amended, item (c) reads:
/(c) treating diagnosed mental disorders, whether treatment is focused on behavioral manifestations of the disorder, the environmental context of the disorder, or underlying causal processes; /
Amend the bill, as and if amended, Section 40-55-50(A)(2)(g), page 3, line 14, by deleting /(e)/ and inserting /(f)/ so when amended, item (g) reads:
/(g) any combination of subitems (a) through (f)./
Amend the bill further, Section 40-55-50, beginning on Page 3, by deleting subsection (B) and inserting:
/(B) A person not otherwise exempt from this chapter is engaged in the practice of psychology when performing any of the activities enumerated in subsection (A), regardless of whether or not payment is received for the services.
Specifically excluded from psychological practice within the meaning of this chapter shall be all of the physical, chemical and nonbehavioral aspects of Chapter 47 of Title 40. Nothing in this chapter shall prohibit or limit a licensed physician in the practice of his profession as provided by law./
Amend the bill further, Section 40-55-90(6), Page 7, line 28, after /schools/ by inserting / Or private schools or any federal or state agency as authorized by the certification / so when amended, Section 40-55-90(6) reads:
/(6) a person certified as a school psychologist by the South Carolina Department of Education who provides contract services of a psychological nature to public schools or private schools or any federal or state agency as authorized by the certification. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;/
Amend the bill further, Section 40-55-90(9), Page 8, line 4, before /federal/ by inserting /local or/ so when amended item (9) reads:
/(9) a government employee of this State or a local or federal government employee providing services of a psychological nature within the scope of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;/
Amend the bill further, Section 40-55-90, Page 8, by deleting item (10) and inserting:
/(10) South Carolina Department of Alcohol and Other Drug Abuse Services employee who:
(a) holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors (SCAADAC) or is a counselor in the process of obtaining such a credential who is currently under the supervision of a SCAADAC certified counselor;
(b) is employed in a position that is directly or indirectly funded through the South Carolina Department of Alcohol and Other Drug Abuse Services or its local contract providers; and
(c) provides services of a psychological nature within the scope of his or her employment but does not in any way describe himself or herself or his or her services by any title or description which states or implies that he or she holds a license as otherwise required by this chapter; /
Amend the bill further, Section 40-55-90(11), Page 8, line 22, by deleting /./ and inserting /;/ and immediately after line 22 by inserting:
/(12) an individual including, but not limited to, an educator, daycare provider, hospital worker, member of a police or fire department, or other community worker providing, within the individual's normal scope of employment, emotional support, guidance, nurturance, or crisis management intervention to persons in need.
This section is not intended to prevent individuals from providing, on a voluntary basis, emotional support, nurturance, or crisis management intervention to persons in need.
This chapter is for the regulation of the practice of psychology only and must not prevent human resource professionals, business consultants, and other persons from providing advice and counseling to their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment./
Amend the bill further by adding an appropriately numbered SECTION to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 40-55-120. All psychologists subject to this chapter must provide patients with a statement of their rights and procedures to file a complaint as prescribed by the board."/
Renumber sections to conform.
Amend title to conform.
Rep. BECK explained the amendment.
The amendment was then adopted.
Rep. BECK proposed the following Amendment No. 2 (Doc Name P:\AMEND\BBM\9701AC.98), which was adopted.
Amend the bill, as and if amended, Section 40-55-50(A)(2)(c), page 3820-7, line 21, by deleting /hypnosis/.
Amend title to conform.
Rep. BECK explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. BARRETT, with unanimous consent, the following Bill was recalled from the Committee on Judiciary and was referred to the Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4633 -- Reps. Barrett, Meacham, Mason, Hawkins, Beck, Kirsh, Gourdine, Edge, Simrill, Moody-Lawrence, Sandifer, Martin, Robinson, Dantzler, Rodgers, Rice, Young-Brickell, Witherspoon, Byrd, Stille, Webb, Davenport, Maddox and Riser: A BILL TO AMEND SECTION 16-11-700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO REQUIRE REPORTING OF CONVICTIONS OF VIOLATIONS OCCURRING WHILE OPERATING A MOTOR VEHICLE TO THE DEPARTMENT OF PUBLIC SAFETY AND REPORTING VIOLATIONS WHILE HUNTING OR FISHING TO THE DEPARTMENT OF NATURAL RESOURCES; AND TO AMEND SECTIONS 50-9-1120 AND 56-1-720, RELATING RESPECTIVELY TO THE POINT SYSTEM FOR DRIVER LICENSES AND HUNTING AND FISHING LICENSES, SO AS TO ASSIGN POINTS UNDER THESE POINT SYSTEMS FOR LITTERING VIOLATIONS.
On motion of Rep. ALLISON, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Ways and Means.
H. 4549 -- Reps. Allison, Hamilton, Altman, G. Brown, Inabinett, Rice, Mason, Stoddard, Beck, Sandifer, McKay, Battle, R. Smith, Walker, Canty, Keegan, Lloyd, Phillips, Rhoad, Riser, Breeland, McCraw, M. Hines, Neal, F. Smith, Mack, Wilkes, Byrd, Moody-Lawrence, Bauer, Barrett, Carnell, Jennings, D. Smith, Simrill, Vaughn, Young, Robinson, McGee, Rodgers, Littlejohn, Bowers, Jordan, Cave, Stille, Baxley, Gamble, Govan and McLeod: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY A PROPOSAL FOR THE CONSTRUCTION AND OPERATION OF A NURSING HOME FACILITY FOR STATE VETERANS.
On motion of Rep. CATO, with unanimous consent, the following Bill was recalled from the Committee on Labor, Commerce and Industry and was referred to the Committee on Ways and Means.
H. 4614 -- Reps. Walker, Littlejohn, Allison, Davenport, Lee, Townsend, McCraw, D. Smith, Hawkins and Cato: A BILL TO AMEND SECTION 11-27-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASE-PURCHASE OR FINANCING AGREEMENTS BEING SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS, SO AS TO FURTHER PROVIDE FOR THOSE FINANCING AGREEMENTS OR CONTRACTS WHICH ARE NOT CONSIDERED A LEASE-PURCHASE OR FINANCING AGREEMENT SUBJECT TO APPLICABLE CONSTITUTIONAL DEBT LIMITATIONS.
Rep. SCOTT asked unanimous consent to recall H. 4644 from the Committee on Ways and Means.
Rep. SHEHEEN objected.
Rep. SCOTT asked unanimous consent to recall H. 3192 from the Committee on Ways and Means.
Rep. YOUNG objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3908 -- Reps. Seithel, Breeland, Dantzler, Altman, Campsen, Harrell, Chellis, Inabinett, Limehouse, Whatley, Young-Brickell, Lloyd, Robinson and Clyburn: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR EXECUTION, LEVY, NOTICE, AND SEIZURE AND SALE IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO CLARIFY THE MEANING OF "BEST ADDRESS", TO SPECIFY "RESTRICTED DELIVERY" OF CERTIFIED MAILED NOTICES, AND TO REQUIRE NOTICE TO THE OWNER OF RECORD; TO AMEND SECTION 12-51-50, RELATING TO SALE OF PROPERTY IN INSTANCES OF DELINQUENT COUNTY TAXES, SO AS TO PROVIDE FOR SITES ALTERNATIVE TO THE COUNTY COURTHOUSE; TO AMEND SECTION 12-51-60, AS AMENDED, RELATING TO PAYMENT BY SUCCESSFUL BIDDER AND DISPOSITION OF PROCEEDS, SO AS TO REQUIRE NOTICE TO THE OWNER OF RECORD OF THE PROPERTY; AND TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION AND REFUND OF PURCHASE PRICE, SO AS TO CONFORM IT TO SECTION 12-51-90.
Rep. KLAUBER explained the Senate amendment.
The Senate amendments were agreed to, and the Bill having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The motion period was dispensed with on motion of Rep. FELDER.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, cloture having been ordered.
H. 4115 -- Reps. Harrison, Wilkins, D. Smith, Knotts and McGee: A BILL TO AMEND CHAPTER 13, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-13-5 SO AS TO PROHIBIT THE STATE OF SOUTH CAROLINA OR ANY OF ITS POLITICAL SUBDIVISIONS FROM USING RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO ANY INDIVIDUAL OR GROUP IN THE OPERATION OF THE STATE'S SYSTEM OF PUBLIC EMPLOYMENT, PUBLIC EDUCATION, OR PUBLIC CONTRACTING.
Rep. SCOTT moved to table the Bill.
Rep. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Baxley Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Gourdine Harvin Haskins Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Lloyd Mack McLeod McMahand Miller Moody-Lawrence Neal Pinckney Rhoad Scott Webb Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Askins Barfield Barrett Bauer Beck Boan Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Leach Limehouse Littlejohn Loftis Maddox Martin Mason McAbee McCraw McGee McKay McMaster Meacham Mullen Neilson Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, J. Smith, R. Stille Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the Bill.
Rep. SCOTT moved to continue the Bill.
Rep. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey Battle Baxley Bowers Breeland Brown, J. Brown, T. Byrd Canty Cave Cobb-Hunter Gourdine Harvin Haskins Hines, J. Hines, M. Howard Inabinett Jennings Kennedy Mack McMahand Miller Moody-Lawrence Neal Pinckney Rhoad Scott Webb Whipper
Those who voted in the negative are:
Allison Altman Barrett Bauer Beck Boan Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Hawkins Hinson Jordan Keegan Kelley Klauber Knotts Koon Leach Littlejohn Loftis Maddox Martin Mason McGee McKay McLeod McMaster Meacham Mullen Neilson Quinn Rice Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Whatley Wilder Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to continue the Bill.
Reps. SCOTT, HOWARD, T. BROWN, MOODY-LAWRENCE, HASKINS, BAXLEY, J. BROWN, MILLER and JORDAN spoke against the Bill.
On motion of Rep. CROMER, with unanimous consent, Rep. MILLER's remarks were ordered printed in the Journal as follows:
I want to talk to you about equality for women of all color, age, and backgrounds.
Many of you women all too well remember as well as I the days of applying for jobs that required detailed information regarding your marital status and, if you were in the childbearing age there was another series of personal questions regarding your plans for having a family. Women with families or plans to have families became employment impaired. You were a high risk.
But if you were fortunate enough to get one of these "good jobs" as a secretary, nurse or teacher - which were the career choices of my generation - and wanted to obtain credit in your name you began another series of hurdles to overcome, as your income did not count on credit applications - we know why, it was low. To be approved you had to have a co-signer or a husband.
Other situations occurred in the process of applying for a job. When I was 24 years old and applying for a job I was attacked by a prominent business man. Luckily for both of us, I was able to escape but he called me within a few days and very patronizingly said, Miss Osteen you know you can have that job. Well, of course I could. I was qualified but that was not the reason - he was only protecting himself.
I realize this issue is dealt with under a different law, but the point is that it was a part of the job application process for women in far too many cases. Unfortunately, that mind set still exists among some.
I have been fortunate enough to be part of the hiring process for my school district and for a major company and realize greater opportunities exists for women now, but the system still needs work. I experienced many situations in the board room where women and minorities were not given equal treatment.
I have never asked for special treatment because I was a woman and have always believed that women should be given equal opportunities based on merit.
As we approach the next millennium, 2000 years after Christ walked on this earth - and I personally believe He was the greatest liberator of women - we are examining laws that were created due to the ills of society.
It is hard for me to believe that my grandmother and many of yours were not able to vote until November of 1920. Strom Thurmond was 18.
Attitudes have changed and part of that has been as a result of laws that have been enacted.
Many good men and women have been instrumental in giving women the opportunities they deserve because of their ability. But, today women constitute over 50% of our population but still do not hold near that percentage of opportunities in the workplace, high profile jobs, contracts, on boards and commissions, or in elected offices.
I am asking the women of this body to seriously consider your vote on this Bill. You know what you have experienced and we represent every woman in this State and their right to equality in the workplace.
Gentlemen, I am asking you to think about your wives, daughters, and granddaughters.
Yes, we have come a long way, but we are not ready to pass this Bill. 1992 was declared the "Year of the Woman" 90 years after Susan B. Anthony wrote this statement to Elizabeth Stanton. "It is 51 years since we first met and we have been very busy through every one of them, stirring up the world to reorganize the rights of women. We little dreamed when we began this contest that a half century later we would be compelled to leave the finish of battle to another generation of women. But our hearts are filled with joy to know that they enter upon this task equipped with a college education, with business experience, and with the freely admitted right to speak in public - all of which were denied to women fifty years ago." Not much in 50 years, but it was a beginning.
There is still much work to be done to make sure women are recognized and rewarded equally for their ability and strengths. Ladies and gentlemen, give the next generation of women the right to continue to move forward as equals in the workplace in South Carolina.
Rep. J. BROWN moved to recommit the Bill.
Rep. YOUNG moved to table the motion.
Rep. COBB-HUNTER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bauer Beck Brown, H. Campsen Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Maddox Mason McCraw McGee McKay McMaster Meacham Mullen Quinn Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stille Townsend Trotter Vaughn Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Askins Bailey Battle Baxley Boan Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Cromer Felder Gourdine Govan Harris Harvin Haskins Hines, J. Hines, M. Howard Inabinett Jennings Jordan Kennedy Kinon Lloyd Mack McAbee McLeod McMahand Miller Moody-Lawrence Neal Neilson Phillips Pinckney Rhoad Rodgers Scott Sheheen Smith, F. Smith, J. Stoddard Stuart Tripp Webb Whipper Wilder Wilkes
So, the motion to recommit was tabled.
Rep. SCOTT moved to continue the Bill.
Rep. YOUNG demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Bailey Battle Baxley Bowers Breeland Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Gourdine Govan Harvin Haskins Hines, J. Hines, M. Howard Inabinett Jennings Jordan Kennedy Kinon Knotts Lloyd Mack McAbee McLeod McMahand Miller Moody-Lawrence Neal Pinckney Rhoad Rodgers Scott Smith, F. Stoddard Stuart Webb Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Bauer Beck Boan Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Felder Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Koon Law Leach Limehouse Littlejohn Loftis Maddox Martin Mason McCraw McGee McKay McMaster Meacham Mullen Neilson Phillips Quinn Rice Riser Robinson Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Townsend Tripp Trotter Vaughn Wilkins Witherspoon Woodrum Young Young-Brickell
So, the House refused to continue the Bill.
Rep. BYRD spoke against the Bill.
Reps. BECK, CAMPSEN and CROMER spoke in favor of the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Bauer Beck Boan Bowers Brown, H. Campsen Cato Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Fleming Gamble Hamilton Harrell Harris Harrison Hawkins Hinson Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Loftis Maddox Martin Mason McCraw McGee McKay McMaster Meacham Mullen Phillips Quinn Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Townsend Tripp Trotter Vaughn Whatley Wilkins Witherspoon Woodrum Young Young-Brickell
Those who voted in the negative are:
Bailey Battle Baxley Breeland Brown, G. Brown, J. Brown, T. Byrd Canty Cave Clyburn Cobb-Hunter Felder Gourdine Govan Harvin Haskins Hines, J. Hines, M. Howard Inabinett Jennings Jordan Kennedy Kinon Lloyd Mack McAbee McLeod McMahand Miller Moody-Lawrence Neal Neilson Pinckney Rhoad Scott Smith, F. Stoddard Webb Whipper Wilder Wilkes
So, the Bill was read the second time and ordered to third reading.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4660 -- Reps. Quinn, Haskins, H. Brown, Tripp, Knotts, Allison, Altman, Barrett, Battle, Bauer, Campsen, Canty, Cato, Cooper, Cotty, Davenport, Edge, Harrell, Harrison, Howard, Jordan, Keegan, Kelley, Lanford, Loftis, Robinson, Sandifer, Seithel, Sheheen, D. Smith, J. Smith, R. Smith, Trotter, Woodrum, Young, Easterday, Whatley, Mason, Townsend, Stille, Law, Clyburn, Stuart, Leach, Hamilton, McCraw and Phillips: A JOINT RESOLUTION TO FREEZE APPROPRIATIONS OF RECURRING GENERAL FUND REVENUES FOR FISCAL YEAR 1998-99 AT THE LEVEL OF SUCH APPROPRIATIONS FOR FISCAL YEAR 1997-98 AND TO EXEMPT FROM THE FREEZE APPROPRIATIONS FOR EDUCATION, EMPLOYEE PAY RAISES, AND DEBT SERVICE.
Referred to Committee on Ways and Means.
H. 4661 -- Reps. Quinn, Haskins, Wilkins, H. Brown, Tripp, Knotts, Allison, Altman, Barrett, Bauer, Campsen, Canty, Cato, Cooper, Cotty, Davenport, Edge, Harrell, Harrison, Howard, Jordan, Keegan, Kelley, Lanford, Limehouse, McMaster, Riser, Sandifer, Seithel, D. Smith, J. Smith, R. Smith, Trotter, Whatley, Woodrum, Young, Young-Brickell, Mason, Chellis, Townsend, Stille, Bailey, Byrd, Stuart, J. Brown, Clyburn, McAbee, Law, Leach, Neilson, Phillips and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-460 SO AS TO ESTABLISH THE PERSONAL PROPERTY TAX RELIEF FUND, PROVIDE FOR REVENUES TO BE CREDITED TO IT, TO USE THE REVENUES OF THE FUND TO PROVIDE REIMBURSEMENTS TO LOCAL TAXING ENTITIES FOR A PHASED-IN EXEMPTION FROM PROPERTY TAX OF PROPERTY CLASSIFIED AS "ALL OTHER PERSONAL PROPERTY", TO PROVIDE THE METHOD OF CALCULATING THE EXEMPTION AND REIMBURSEMENT, AND TO PROVIDE THE CIRCUMSTANCES UNDER WHICH THE EXEMPTION BECOMES TOTAL AND PERMANENT.
Referred to Committee on Ways and Means.
H. 4662 -- Reps. Quinn, Haskins, Wilkins, H. Brown, Tripp, Knotts, Allison, Altman, Barrett, Bauer, Campsen, Canty, Cato, Cooper, Cotty, Davenport, Edge, Harrell, Harrison, Howard, Jordan, Keegan, Kelley, Lanford, Limehouse, Loftis, McMaster, Riser, Sandifer, Seithel, D. Smith, J. Smith, R. Smith, Trotter, Whatley, Woodrum, Young, Townsend, Stille, Leach, Phillips, Law and McAbee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO FINANCE AND TAXATION BY ADDING SECTION 1A AND AMENDING EXISTING SECTION 6 OF THE ARTICLE SO AS TO REQUIRE PROPERTY CLASSIFIED AS "ALL OTHER PERSONAL PROPERTY" TO BE THE SUBJECT OF A SEPARATE MILLAGE LEVY WHICH MAY NOT EXCEED THE 1998 PROPERTY TAX YEAR LEVY ON SUCH PROPERTY INCLUDING MILLAGE LEVIED FOR BONDED INDEBTEDNESS AND TO MAKE A CONFORMING AMENDMENT.
Referred to Committee on Ways and Means.
H. 4663 -- Reps. Moody-Lawrence, Rodgers, Clyburn, Byrd, McMahand, Jordan and Mack: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-57 SO AS TO PROVIDE THAT AN OWNER OF A PISTOL MUST MAINTAIN IT IN A LOCKED COMPARTMENT OR HAVE A TRIGGER LOCK PLACED ON IT WHEN THE PISTOL IS NOT BEING USED, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION.
Referred to Committee on Judiciary.
H. 4664 -- Reps. Klauber, Webb, Sharpe, Leach, Trotter, Witherspoon, Baxley, Riser, McCraw, Cato, Phillips, Hamilton and Cromer: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT CERTAIN PROPRIETARY INFORMATION PRODUCED BY OR FOR FACULTY OR STAFF OF A STATE INSTITUTION OF HIGHER LEARNING AS THE RESULT OF RESEARCH ON CERTAIN ISSUES WHERE THE INFORMATION HAS NOT BEEN PUBLICLY RELEASED, PUBLISHED, COPYRIGHTED, OR PATENTED.
Referred to Committee on Judiciary.
H. 4665 -- Reps. Hawkins, Mason, Breeland, J. Hines, M. Hines, Bailey, Sandifer, Inabinett, Neilson, Howard, Canty, Young-Brickell, Rice, Clyburn, Klauber, Cave, J. Brown, Neal, Simrill, Byrd, Loftis, Lloyd, Rodgers, Barrett, Allison, Moody-Lawrence, Felder, Walker, Mack, McMahand, Haskins, Davenport, Wilder and Littlejohn: A BILL TO AMEND SECTION 50-9-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR DISABLED PERSONS, SO AS TO CHANGE, AMONG OTHER THINGS, THE METHOD OF ESTABLISHING DISABILITY AND THE CONDITIONS FOR INITIAL ISSUANCE AND RENEWAL OF THE DISABLED FREE LICENSE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4666 -- Reps. Campsen, Cotty, Altman, Limehouse, J. Smith, Knotts, Hinson, Littlejohn, Barrett, Young, Keegan, Stille, McMaster, Woodrum, Easterday, R. Smith, Haskins, Riser, Leach, Hamilton, Harrison and Delleney: A BILL TO AMEND SECTION 20-7-8320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDITIONAL RELEASE OF JUVENILES, SO AS TO INCREASE THE MAXIMUM AGE AT WHICH A CONDITIONAL RELEASE MAY EXPIRE FROM AGE NINETEEN TO TWENTY-ONE, AND TO PROVIDE THAT PROGRAMS A JUVENILE MAY PARTICIPATE IN AS A CONDITION OF RELEASE MUST BE PROGRAMS ESTABLISHED OR APPROVED BY THE DEPARTMENT OF JUVENILE JUSTICE OR WITH WHICH THE DEPARTMENT HAS A COOPERATIVE AGREEMENT.
Referred to Committee on Judiciary.
H. 4667 -- Reps. Rodgers, Barrett, Kennedy, Harrell, Limehouse, Clyburn, Phillips, Dantzler, Mullen, Harvin, McCraw, J. Brown, Bowers, Byrd, Woodrum and Littlejohn: A BILL TO AMEND CHAPTER 1 OF TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, BY ADDING SECTION 2-1-200, SO AS TO DEVOLVE ALL POWERS, DUTIES, AND RESPONSIBILITIES GRANTED TO COUNTY LEGISLATIVE DELEGATIONS WHICH AFFECT ONLY ONE COUNTY TO THE COUNTY GOVERNING BODY WITH THE CONSENT OF THE RESPECTIVE DELEGATION, EXCEPT THOSE POWERS RELATING TO STATEWIDE OR REGIONAL BOARDS, COMMISSIONS, OR OTHER ENTITIES THAT HAVE REPRESENTATIVES ON THE GOVERNING BOARD FROM MORE THAN ONE COUNTY.
Referred to Committee on Judiciary.
Rep. SCOTT moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4641 -- Reps. McKay, Sheheen, H. Brown, Carnell, McAbee, Baxley, Harrison, Felder and Boan: A CONCURRENT RESOLUTION TO EXTEND THE VERY BEST WISHES OF THE GENERAL ASSEMBLY TO RUSSELL MUNN OF COLUMBIA AS HE RECOVERS FROM HEART SURGERY AND TO WISH HIM A VERY SPEEDY RECOVERY.
At 4:50 P.M. the House in accordance with the motion of Rep. RODGERS adjourned in memory of Edwin W. Pike, Jr. of Beaufort, to meet at 10:00 A.M. tomorrow.
This web page was last updated on Monday, June 29, 2009 at 10:32 A.M.