Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Rev. Ken Timmerman, Pastor of Gramling United Methodist Church, in Campobello.
Almighty God, Author of love, Giver of life: In the rising and setting of the sun each new day, we see signs of Your creating, renewing power. What would You have us do with this day You have given us? What actions would You have us take? Your Word holds a key to answering such a question. It has taught us and taught us well that we are called to be people who "love mercy, execute justice, and walk humbly with our God".
As a new session begins this day, help these who debate, discuss, and wrestle with issues that touch the lives of every South Carolinian to feel Your wisdom in them. Remind them that the power they possess is limited, not simply by this State's Constitution, but by Your Truth which teaches there is, at times, a higher law to subscribe to other than the earthly one we author.
As the issues of this day come before our Legislators, grant them special insight and power to love the people of this State with mercy, to execute justice fairly and equitably for those who need and seek justice, and in this process of wrestling with the law of our land help each one here to walk humbly with You, that they might hear Your voice and rely upon Your direction as they make powerful decisions.
We have seen how blessed we can be as a people when motivated by Your love. Hundreds of stories have poured forth as men, women, and children of our State have gone in Your Spirit and Name to help men, women, and children devastated by Hurricane Hugo. In a society which often vividly depicts man's inhumanity to fellow man, we have seen what it means to walk humbly with God. We have seen people reaching out to people. We have seen hurts being healed. We have seen a spirit of kinship reborn. We have seen how the people of this State can pull together.
Help us to reveal such kinship of spirit as we work to make this a better State in which to live. Bless each man and woman in this chamber with the ability they need today, Lord, to love, execute justice, and walk humbly with You. For it is in such a relationship that the people of our State know they can entrust their lives to these elected to do what is best and what is right. And when the sun sets this night may all feel they have given of their best to You and, in turn, be blessed by You.
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 Friday, the SPEAKER ordered it confirmed.
On motion of Rep. FARR, with unanimous consent, the following Bill was ordered recalled from the Senate.
H. 4351 -- Reps. Farr and Phillips: A BILL TO PROVIDE THAT A UNANIMOUS VOTE OF THE MEMBERSHIP OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IS REQUIRED TO CLOSE AN ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT.
The following was received.
January 19, 1990
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the House of Representatives," and is, therefore, submitted for your consideration.
Respectfully,
Carroll A. Campbell, Jr.
Governor
Reappointment, Master-in-Equity, Calhoun County, with term to expire August 14, 1991:
Thomas P. Culclasure, Post Office Box 183, St. Matthews, S.C. 29135
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was received.
January 23, 1990
The Honorable Robert J. Sheheen
Speaker of the House of Representatives
The State House
Columbia, S.C. 29201
Dear Speaker Sheheen:
Inadvertently, the invitation to your Body failed to include the staff at the reception sponsored by Francis Marion College's Board of Trustees, to be held Tuesday, January 23rd at 6:00 P.M. at the Capital City Club.
As Chairman of the Board of Trustees, I would appreciate your informing the staff that the invitation includes them.
Sincerely,
Peter D. Hyman
Received as information.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
September 25, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Funeral Directors Association wishes to have the honor of your presence to a reception of the House members, staff and attaches on Tuesday, February 6, 1990 from 6-7 P.M. at the Capitol City Club.
We wish for this to be placed on the official House calendar. Please confirm the above date and time as soon as possible.
Sincerely,
Cecil T. (Sandy) Sandifer, Jr.
November 29, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
As President of the S.C. Association of Probate Judges, I would like to extend to the members of the House of Representatives an invitation to attend our Legislative Reception at the Radisson Hotel on Tuesday, February 6, 1990 at 7:00 P.M. till 11:00 P.M. There will be heavy hors d'oeuvres' and a live band for entertainment.
We thank you for your attendance in the past and look forward to seeing you all February 6th.
Sincerely,
Ronnie D. Kidd
October 4, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The purpose of this letter is to renew the request of the South Carolina Association of Christian Schools to have the members of the House as its guests for breakfast on Wednesday, February 7, 1990 to be held at the Radisson Inn, at 8:15 A.M.
Let me thank you for bringing this matter to the attention of the full House Invitations Committee.
Sincerely,
Orin G. Briggs
January 8, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Council of Administrators of Special Education is sponsoring a Legislative Luncheon Reception on Wednesday, February 7, 1990 at 1:00 P.M. or upon adjournment in room 208 of the Solomon Blatt building.
The purpose of the reception is to support the State Department of Education's funding request for regional educational therapy services for seriously emotionally disturbed children in South Carolina.
I have talked to Ms. Catherine Jeter and she has reserved the room pending my written request to you.
Thank you for your assistance and I hope to discuss this concern with you personally at the reception.
Sincerely,
Emmala E. Barnett, Ed.D.
September 5, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
This letter is to invite members of the House of Representatives and their staff to a reception hosted by South Carolina State College and the Orangeburg Legislative Delegation. After consulting with the Honorable Senator Marshall B. Williams, Chairman of the Orangeburg County Legislative Delegation, we have agreed to schedule the reception for Wednesday, February 7, 1990 at the Radisson Hotel located on Assembly Street in Columbia, South Carolina. The affair is to begin at 6:00 P.M. and end at 8:00 P.M.
I have discussed this date and time with Ms. Catherine G. Jeter of your office.
Thank you for all you do for South Carolina State College.
Sincerely,
James H. Salley
October 6, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The members of the South Carolina Registered Cosmetologist Association would like to again this year have the opportunity to meet and thank the members of the House of Representatives for their work to benefit the State of South Carolina.
We extend to each member and their spouse an invitation to join us for a drop-in to be held Wednesday, February 7, 1990, from 8:00 until 10:00 P.M. at the Town House in Columbia.
We would appreciate your extending this invitation to your colleagues and look forward to seeing each of you.
Sincerely yours,
Sadie Darragh
February 16, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
I write to follow-up on a verbal request from Sophia Floyd, concerning scheduling Lander College for a reception on Tuesday, February 13, 1990. We would like to invite the legislators to be the guests of the college at a 6:00-8:00 P.M. reception, at the Capital City Club.
Thank you for handling this request. Should you have a question, please give me a call.
Sincerely,
Jeff May
October 11, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina AFL-CIO would like to take this opportunity to invite the members of the House of Representatives to a reception on Tuesday, February 13, 1990, from 8:00 to 9:30 P.M. at the Town House Hotel, 1615 Gervais Street, Columbia, S.C.
Thank you and we look forward to seeing you.
Sincerely,
G.O. Smoak
August 28, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
This is to confirm that the South Carolina Association of Counties has issued an invitation to the members of the South Carolina House of Representatives and attaches to attend a Legislative Reception on Wednesday, February 14, 1990, from 6:00 to 7:30 P.M. at the Town House Hotel in Columbia. This reception is in conjunction with our Mid-Year Conference for Elected Officials.
We look forward to having the members of the House with us on that evening. With best wishes, I am
Very truly yours,
Michael B. Cone
September 7, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Association of Auditors, Treasurers and Tax Collectors would like to invite the members of the House of Representatives, their spouses or guests, Clerks and Attaches to a reception on Wednesday, February 14, 1990 at the Radisson Hotel at 8:00 P.M.
We hope this is convenient with your schedule and look forward to seeing you at that time.
Sincerely,
Mary Jane McCarter
December 20, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
Members of the House of Representatives of the South Carolina General Assembly are cordially invited to a Drop-In for Legislators on Thursday morning, February 15, 1990, from 8:30 to 10:00 A.M. in Room 208 of the Blatt Building.
Co-hosting the event are the Association for Retarded Citizens of South Carolina and the South Carolina Human Service Providers, Inc. We hope each of the Representatives will take a few minutes to join us for coffee and rolls and to meet representatives of our organizations.
ARC of S.C. has a membership of over 1,000 people, which includes family members, people with mental retardation, professionals, and friends. It is the largest and oldest parent/volunteer/advocacy organization for mental retardation in the State.
The S.C. Human Service Providers is made up of executive staff of county Mental Retardation Boards and other organizations. These Boards are comprised of more than 1,000 citizen volunteers who provide direction and support for local county mental retardation programs serving 8,000 citizens with mental retardation.
We look forward to the Representatives dropping in to meet us on February 15.
Sincerely,
Jackie Robey
November 27, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Farm Bureau Federation cordially extends an invitation to the members of the House, Research Directors, Administrative Assistants, Secretaries, spouses and/or escorts, to attend our annual Legislative Banquet on Tuesday, February 20, 1990 at 6:00 P.M. at the Ellison Building, State Fairgrounds in Columbia.
Traditionally, we begin on time and present a very short program ... that is our plan this year. We will not hold you to a late hour.
Sincerely,
Harry S. Bell
September 28, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On Wednesday, February 21st, the Chambers in our county will sponsor a "York County Day" in Columbia. The main event for "York County Day" will be an evening reception for General Assembly members, the Governor, the Lieutenant Governor, and their staff(s) and the members of the State Boards and Commissions. The purpose of this reception will be to increase their awareness of York County.
We would like to invite all the members of the South Carolina House of Representatives to attend the reception at 6:00 P.M. at the Radisson, 937 Assembly Street.
Please notify your colleagues of the event so that they may mark their calendars now.
We will be sending formal invitations out at a later date.
Thank you. We appreciate your help. Please call me if you have any questions.
Sincerely,
Coretta D. Bedsole
July 27, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On Tuesday, February 27, 1990, the Carolinas Branch Associated General Contractors will hold its annual Legislative Reception. The event will be from 6:00 until 8:00 P.M. at the Columbia Radisson Hotel. The members of the House of Representatives are invited to attend.
We would be honored by your favorable response to this invitation.
With best regards,
Yours truly,
Michael D. Covington
April 17, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The S.C. Association of School Administrators would like to invite the members of the House of Representatives, their spouses, attaches and clerks to a reception to be held in your honor. This occasion will be Wednesday, February 28, 1990 at the Radisson Hotel in Columbia from 6:00 P.M. to 8:00 P.M.
We hope that your committee will accept this invitation so that our members might indicate to you our gratitude for the services you provide to the citizens of South Carolina.
Sincerely,
Robert E. Scarborough
January 17, 1990
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
Would you please put on your respective Calendar that our Legislative Revue will be held on Wednesday, February 28, 1990, at 7:30 P.M. with a Reception immediately following at the Faculty House.
Thank you for publishing this information in the Calendar.
Ed Zobel
The following were received and referred to the appropriate committees for consideration.
Document No. 1157
Promulgated By Board of Dentistry
39-10. Sanitary Standards
39-12. Approved Procedures of Dental Assistants
39-13. Approved Procedures of Expanded Duty Dental Assistants
39-14. Approved Procedures for Licensed Dental Hygienists
39-16. Dental Radiography
Received by Speaker January 19, 1990
Referred to House Committee on Medical Affairs
120 Day expiration date May 19, 1990
Document No. 1205
Promulgated By Department of Social Services
Child Support Guidelines
Received by Speaker January 23, 1990
Referred to House Committee on Judiciary
120 day expiration date May 23, 1990
Document No. 1209
Promulgated By Board of Education
Competitive School Innovation Grants Program
Received by Speaker January 19, 1990
Referred to House Committee on Education
120 day expiration date May 19, 1990
Document No. 1210
Promulgated By Board of Education
Flexibility Through Deregulation Program
Received by Speaker January 19, 1990
Referred to House Committee on Education
120 day expiration date May 19, 1990
The following was received.
Document No. 1056
Promulgated By Department of Health and Environmental Control
Minimum Standards for Licensing Hospitals and Institutional General Infirmaries
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Withdrawn and resubmitted January 18, 1990
Revised Expiration Date February 7, 1990
The following was received.
Columbia, S.C., January 18, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 1069:
S. 1069 -- Senators Holland, Hayes, Lee and Long: A CONCURRENT RESOLUTION TO FIX TUESDAY, FEBRUARY 13, 1990, AT 12:30 P.M. AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE WHOSE TERMS EXPIRE IN 1990.
Very respectfully,
President
Received as information.
The following was introduced:
H. 4431 -- Reps. Wright and Quinn: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF THE TOWN OF IRMO IN LEXINGTON AND RICHLAND COUNTIES ON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF ITS FOUNDING.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4432 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. F. A. KENNEDY OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4433 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. EMMA WHITTON KENNEDY OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4434 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. RALPH LEONARD MOORE, SR., OF AIKEN COUNTY, UNCLE OF OUR DEAR FRIEND AND COLLEAGUE IN THE GENERAL ASSEMBLY, SENATOR THOMAS L. MOORE, AND EXTENDING HEARTFELT SYMPATHY TO THE MEMBERS OF MR. MOORE'S FAMILY AND HIS MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. K. BAILEY, with unanimous consent, the following was taken up for immediate consideration:
S. 1115 -- Senators Matthews and Williams: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 7, 1990, AS SOUTH CAROLINA STATE COLLEGE DAY.
Whereas, South Carolina State College, since its founding in 1896, has played an extraordinary part in the cause of higher education for the people of South Carolina; and
Whereas, South Carolina State College is accredited by the Southern Association of Colleges and Schools and is a member of the Council of Graduate Schools in the United States; and
Whereas, South Carolina State College is the only public institution in South Carolina offering the Ed. D. Degree; and
Whereas, South Carolina State College is currently involved in more than eight million dollars in research; and
Whereas, South Carolina State College is a full member of the South Carolina University Research Foundation; and
Whereas, South Carolina State College is the only institution in South Carolina to offer both undergraduate and graduate degree programs in speech pathology and audiology; and
Whereas, South Carolina State College's nationally accredited Counseling and Self-Development Center offers among its programs Psychometric Services; and
Whereas, South Carolina State College's School of Education with its nationally accredited teacher education program is the only one in South Carolina to operate a laboratory school (Felton Laboratory School); and
Whereas, South Carolina State College's nationally accredited School of Engineering Technology is the only one in South Carolina; and
Whereas, South Carolina State College's nationally accredited School of Home Economics and Human Services prepares students for fruitful careers in nutrition and allied areas; and
Whereas, South Carolina State College's Army ROTC Program has commissioned more Black officers than any other institution and enjoys the status of having a Brigadier General, and a Major General on active duty, a Brigadier General, and a Lieutenant General who are retired; and
Whereas, South Carolina State College's Museum/Planetarium is the largest single exhibit gallery in South Carolina and the largest planetarium between Chapel Hill, North Carolina, and Atlanta, Georgia; and
Whereas, South Carolina State College has more than twenty thousand alumni of record; and
Whereas, this valued institution has been especially beneficial in the intellectual, cultural, and economic life of the Orangeburg community and of the Midlands of South Carolina. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Wednesday, February 7, 1990, is declared South Carolina State College Day.
Be it further resolved that a copy of this resolution be forwarded to the President of South Carolina State College and the Chairman of the Orangeburg Legislative Delegation.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1116 -- Senators Shealy, Wilson and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. EULA MATHIAS O'SHEAL OF LEXINGTON COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1117 -- Senators McConnell, Martschink, Passailaigue and Fielding: A CONCURRENT RESOLUTION EXTENDING THANKS TO BERKELEY ELECTRIC COOPERATIVE, INC., AND ITS OUTSTANDING EMPLOYEES FOR STANDING BY THE LOWCOUNTRY AREA SO FAITHFULLY DURING HURRICANE HUGO.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1118 -- Senators Setzler and Nell W. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE SCHOOL NURSES DAY IN SOUTH CAROLINA, JANUARY 24, 1990, AND TO EXPRESS THE APPRECIATION OF THE STATE OF SOUTH CAROLINA TO THE NURSES AS THEY CONTINUE TO PROVIDE QUALITY HEALTH SERVICES AND PREPARE STUDENTS TO BE HEALTHY, FUNCTIONING CITIZENS OF TOMORROW.
Whereas, Governor Carroll A. Campbell, Jr., has proclaimed January 24, 1990, as School Nurses Day; and
Whereas, South Carolina has two hundred forty-eight school nurses who are registered professional nurses; and
Whereas, four of ninety-two school districts in South Carolina have a nurse in each school: Lexington One, Lexington Five, Georgetown, and Dorchester Three; and
Whereas, the school nurse coordinates the total school health program and promotes optimum physical and mental health in the South Carolina public schools; and
Whereas, school nurses are not only health care providers but also health educators, coordinators, and counselors; and
Whereas, the school nurse motto is: "Healthy Children Learn Better". Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize School Nurses Day in South Carolina, January 24, 1990, and express the appreciation of the State of South Carolina to the nurses as they continue to provide quality health services and prepare students to be healthy, functioning citizens of tomorrow.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Nurses Association.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1132 -- Senators Wilson, Shealy, Setzler, Giese and Martschink: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF ULYSSES GILES CROOK OF LAKE MURRAY COMMUNITY IN LEXINGTON COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4435 -- Rep. Felder: A BILL TO AMEND SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT AND REMOVAL OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO INCREASE FROM TWO TO FOUR YEARS THE TERM FOR WHICH HE IS APPOINTED.
Rep. FELDER asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. TAYLOR objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4436 -- Reps. Baker, Littlejohn, Sharpe, Koon, J.C. Johnson, Felder, Davenport, Clyborne, Farr, Manly, Keyserling, Vaughn, Smith, Nesbitt, Chamblee, Moss, Wells, Bruce, Phillips, Haskins, Fant, Cooper, Glover, R. Brown, T. Rogers, Wilkins, Jaskwich, L. Martin, Fair, Kirsh and McCain: A BILL TO AMEND SECTION 44-53-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE OF PROPERTY USED OR CONNECTED WITH THE ILLEGAL USE OF A NARCOTIC OR CONTROLLED SUBSTANCE, SO AS TO AUTHORIZE THE FORFEITURE OF A MOTOR VEHICLE WHICH IS USED TO FACILITATE ANY TRANSACTION TO PURCHASE OR SELL CONTROLLED SUBSTANCES AND THEIR COMPOUNDS AND DELETE PROVISIONS AUTHORIZING THE FORFEITURE IF THE VEHICLE CONTAINED A CERTAIN AMOUNT OF THESE NARCOTICS OR CONTROLLED SUBSTANCES AND REFERENCES THAT THE QUANTITIES REFERRED TO IN THIS SECTION REFER TO CONTROLLED SUBSTANCES OR ANY COMBINATIONS OF THEM.
Referred to Committee on Judiciary.
H. 4437 -- Rep. Wright: A BILL TO AMEND SECTION 12-37-250, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO INCREASE THE EXEMPTION FROM THE FIRST TWENTY THOUSAND DOLLARS TO THE FIRST FORTY THOUSAND DOLLARS BEGINNING WITH THE 1990 TAX YEAR.
Referred to Committee on Ways and Means.
H. 4438 -- Reps. Wright, Derrick, Klapman, Sturkie and Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-3-295 SO AS TO PROVIDE THAT NO MUNICIPALITY WHICH IS A PROVIDER OF ANY UTILITY SERVICE TO LANDOWNERS, FREEHOLDERS, OR RESIDENTS OUTSIDE THE CORPORATE LIMITS OF THE MUNICIPALITY MAY REQUIRE ANNEXATION, OR AN AGREEMENT TO ANNEX, AS A CONDITION FOR THESE PERSONS TO RECEIVE OR CONTINUE RECEIVING THE UTILITY SERVICE, OR AS A CONDITION FOR TAKING STEPS TO GAIN THIS SERVICE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4439 -- Rep. Winstead: A BILL TO AMEND SECTIONS 16-13-10, 16-13-230, 16-13-240, AND 34-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIMES OF FORGERY, BREACH OF TRUST WITH FRAUDULENT INTENT, OBTAINING A SIGNATURE OR PROPERTY BY FALSE PRETENSES, AND DRAWING AND UTTERING A FRAUDULENT CHECK, SO AS TO PROVIDE THAT IN ANY PROSECUTION FOR A VIOLATION OF THESE SECTIONS THE STATE IS NOT REQUIRED TO ESTABLISH AND IT IS NO DEFENSE THAT SOME OF THE ACTS CONSTITUTING THE CRIME DID NOT OCCUR IN THIS STATE OR WITHIN ONE CITY, COUNTY, OR LOCAL JURISDICTION.
Referred to Committee on Judiciary.
H. 4440 -- Reps. McAbee, Holt, Klapman, P. Harris, Nesbitt and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-253 SO AS TO AUTHORIZE THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY TO PROVIDE AN ADDITIONAL HOMESTEAD EXEMPTION TO APPLY IN A MANNER AS THE EXEMPTION PROVIDED IN SECTION 12-37-25 APPLIES AND TO PROVIDE THAT THIS EXEMPTION DOES NOT QUALIFY FOR REIMBURSEMENT PURSUANT TO THE PROVISIONS OF SECTION 12-37-270.
Referred to Committee on Ways and Means.
H. 4441 -- Rep. McElveen: A BILL TO AMEND TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DOMESTIC RELATIONS, BY ADDING CHAPTER 6 SO AS TO ENACT THE "UNIFORM PREMARITAL AGREEMENT ACT".
Referred to Committee on Judiciary.
H. 4442 -- Reps. Faber and McBride: A BILL TO PROVIDE THAT A PERSON UNDER EIGHTEEN YEARS OF AGE FOUND IN THE UNLAWFUL POSSESSION OF A HANDGUN IS SUBJECT TO CERTAIN PENALTIES, INCLUDING THE LOSS OF A REGULAR DRIVER'S LICENSE, RESTRICTED DRIVER'S LICENSE, OR PERMIT, PAYMENT OF A FINE, RENDERING COMMUNITY SERVICE WORK, AND CONFISCATION OF THE HANDGUN; AND TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON EIGHTEEN YEARS OF AGE OR OLDER TO PROVIDE A HANDGUN TO A PERSON UNDER EIGHTEEN YEARS OF AGE, PROVIDE PENALTIES, AND PROVIDE FOR THE CONFISCATION OF THE HANDGUN.
Referred to Committee on Judiciary.
H. 4443 -- Rep. L. Martin: A BILL TO AMEND SECTION 27-37-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF A RULE TO SHOW CAUSE WHY A TENANT SHOULD NOT BE EJECTED FROM A RENTED PREMISES, SO AS TO REVISE THE MANNER IN WHICH A COPY OF THIS RULE IS SERVED UPON THE TENANT.
Referred to Committee on Labor, Commerce and Industry.
H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.
Referred to Committee on Judiciary.
H. 4445 -- Reps. P. Harris, Blackwell, Waldrop, Moss, Ferguson, Cooper, Felder and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 66 TO TITLE 44 SO AS TO PROVIDE FOR THE ADULT HEALTH CARE CONSENT ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4446 -- Reps. R. Brown, J. Rogers, Baxley, Glover, Harwell, Kinon, McKay and Neilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 11, TITLE 55 SO AS TO CREATE THE PEE DEE REGIONAL AIRPORT DISTRICT COMPOSED OF FLORENCE, DARLINGTON, MARION, MARLBORO, AND DILLON COUNTIES, ESTABLISH THE PEE DEE AIRPORT AUTHORITY, PROVIDE FOR THE POWERS, DUTIES, AND AUTHORITY OF THE AUTHORITY, CONFER ON THE DISTRICT THE AUTHORITY TO ISSUE REVENUE AND GENERAL OBLIGATION BONDS, EXEMPT THE PROPERTY AND INCOME OF THE DISTRICT FROM CERTAIN TAXES, EXEMPT THE CITY OF FLORENCE AND EACH OF THE COUNTIES COMPRISING THE DISTRICT FROM LIABILITY IN ANY NEGLECT OR MISMANAGEMENT IN THE OPERATION AND MAINTENANCE OF THE AIRPORT; AND TO REPEAL ACT 482 OF 1973 RELATING TO THE CREATION OF THE FLORENCE CITY-COUNTY AIRPORT COMMISSION.
Referred to Committee on Labor, Commerce and Industry.
H. 4447 -- Reps. McBride, Faber and J. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 53, TITLE 44 SO AS TO PROVIDE FOR THE SALE OF CIGARETTE PAPER AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
S. 948 -- Senators Hayes and Hinson: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF AN ELECTION BALLOT WHEN A CHANGE IN A FORM OF GOVERNMENT IN A MUNICIPALITY IS VOTED ON BY THE QUALIFIED ELECTORS OF THAT MUNICIPALITY, SO AS TO CLARIFY THE MANNER IN WHICH AN ELECTOR SELECTS A FORM OF GOVERNMENT.
Referred to Committee on Judiciary.
S. 1080 -- Senators Horace C. Smith, Drummond, Bryan, Hayes, Rose, Long, Passailaigue, O'Dell, Lee, Gilbert, McConnell, Giese, Peeler, Mullinax, Shealy, Thomas, Stilwell, Waddell, Nell W. Smith, Martschink, Hinds, Setzler, Lourie and Leatherman: A BILL TO AMEND SECTION 24-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF CONVICT LABOR ON STATE HIGHWAYS AND OTHER PUBLIC PROJECTS, SO AS TO ALLOW PRISON INMATES TO BE EMPLOYED AS LABOR ON COUNTY PROJECTS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1102 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED BY ACT 289 OF 1987, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION THEREWITH.
On motion of Rep. GORDON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1103 -- Senator Martschink: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOD EARTH, INC., IN CHARLESTON COUNTY.
On motion of Rep. WHIPPER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 4448 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM L. FOUST OF ANDERSON AS HE LEAVES HIS POST AS MANAGER OF DUKE POWER COMPANY'S ANDERSON DISTRICT AND TO WISH HIM WELL AS HE TRAVELS TO CHARLOTTE, NORTH CAROLINA, TO SERVE AS FIELD LIAISON FOR DUKE POWER'S NEW CUSTOMER SERVICE CENTER.
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.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on January 23, 1990.
John Williams James H. Hodges
LEAVE OF ABSENCE
The SPEAKER granted Rep. HARVIN a leave of absence for the day.
Announcement was made that Dr. O. Marion Burton of Anderson is the Doctor of the Day for the General Assembly.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 986 -- Senator Waddell: A BILL TO AMEND ACT 515 OF 1982, RELATING TO THE ANNUAL MARCH OF DIMES BEAUFORT BRIDGE RUN, SO AS TO CHANGE THE DATE OF THE EVENT FROM THE THIRD SATURDAY IN OCTOBER TO THE SECOND SATURDAY IN OCTOBER.
S. 456 -- Senators Wilson, Shealy and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-21-85 SO AS TO AUTHORIZE A CIRCUIT JUDGE TO ORDER THAT JURY SELECTION IN A CRIMINAL CASE BE CONDUCTED IN ANOTHER COUNTY AND THE JURY, WHEN SELECTED, BE TRANSPORTED FOR THE DURATION OF THE TRIAL TO THE COUNTY IN WHICH THE TRIAL OCCURS.
S. 1046 -- Senators Rose and Helmly: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., IN BERKELEY COUNTY.
S. 1066 -- Senator McGill: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FAIR DEAL WAREHOUSE CORPORATION IN WILLIAMSBURG COUNTY.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3549 -- Reps. Rhoad, Keegan, M.D. Burriss, McBride, Sharpe, G. Bailey, L. Martin, Nesbitt, Blackwell, Bennett, Baker, Gordon, Manly, Derrick, Kay, Foster, Cooper, M.O. Alexander, Davenport, Cole, Altman, Snow, K. Bailey, McAbee, Corbett, D. Martin, Waites, Cork, Hallman, Kirsh, Wright, McTeer, McGinnis, Taylor, G. Brown, Gregory, Wilder, J. Bailey, Carnell, Burch, T. Rogers, Fant, Rama, Waldrop, Elliott, Hayes, White, Mappus and Whipper: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AFFECTING AUTOMOBILE INSURANCE LEGISLATION, SO AS TO INCLUDE BUSES OWNED BY AMERICAN LEGION POSTS IN THE DEFINITION OF "SMALL COMMERCIAL RISK".
H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.
H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
H. 3729 -- Reps. Corbett and R. Brown: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG FOR A DISABLED AMERICAN VETERAN, SO AS TO PROVIDE THAT THE SPECIAL LICENSE TAG MAY BE PLACED ON A VEHICLE OWNED OR LEASED BY A DISABLED AMERICAN VETERAN.
H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 184 -- Senators Passailaigue and Fielding: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE MAIN ENTRANCE TO THE DOOR NORMALLY USED BY THE VOTERS TO ENTER THE POLLING PLACE INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
The following Joint Resolution was taken up.
H. 4134 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NONHAZARDOUS SOLID WASTE MANAGEMENT PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1091, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up.
H. 4049 -- Reps. Hayes, Nesbitt, Foster and Kirsh: A BILL TO AMEND SECTION 5-5-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE BALLOT IN ANY ELECTION TO DETERMINE A CHANGE OF THE FORM OF GOVERNMENT OF A MUNICIPALITY, SO AS TO REVISE THE MANNER IN WHICH THE BALLOT IS EXECUTED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0380O), which was adopted.
Amend the bill, as and if amended, in Section 5-5-40, as contained in SECTION 1, by inserting immediately after "petition" on line 10 the following: /or by ordinance/.
When amended, Section 5-5-40 shall read:
"Section 5-5-40. In any election to determine a change of a form of government of a municipality, the question shall must be framed by the governing body and printed on the prepared ballot in the following form, to wit: 'Shall the municipality of (name of municipality) change its form of government from (form selected by council or by prior election) to (form or forms requested by petition or by ordinance)? YES / / NO / / (strike check one)'. To effect a change in the form of government a proposed form shall must receive a majority of the votes cast by the qualified electors of the municipality in the election."
Amend title to conform.
Rep. HAYES 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. 3384 -- Reps. Neilson, G. Bailey, Lockemy, Harwell, McKay, Phillips, Farr, Littlejohn, Moss, Glover, Fant, Wells, Cole, McCain and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLLBACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLLBACK TAX WHEN THE PROPERTY'S USE IS CHANGED AND TO REQUIRE A SELLER TO GIVE NOTICE IN WRITING TO A PURCHASER BEFORE CLOSING THE TRANSACTION OF THE ROLLBACK TAXES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0354O).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Article 3, Chapter 43, Title 12 of the 1976 Code is amended by adding:
"Section 12-43-222. In every sale of real estate classified as agricultural real property for purposes of ad valorem taxation, the seller shall notify the purchaser in writing no later than the completion of the closing that the property may be subject to the rollback tax required by Section 12-43-220(d)(4).
Failure to comply with this section shall result in the seller being liable to the purchaser for the amount of rollback tax assessed to the purchaser as a result of the change in use of the property."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. McTeer objected to the Bill.
Rep. HUFF continued speaking.
Reps. TUCKER and KLAPMAN objected to the Bill.
The following Bill was taken up.
H. 3229 -- Rep. Hodges: A BILL TO PROVIDE THAT NO CAUSE OF ACTION EXISTS AGAINST A LICENSED HEALTH CARE PROVIDER, ANY OF ITS EMPLOYEES, A LICENSED PHYSICIAN, OR A LICENSED NURSE FOR THE FAILURE TO OBTAIN SPOUSAL CONSENT TO A PROCEDURE WHICH WOULD RENDER AN INDIVIDUAL UNABLE TO CONCEIVE CHILDREN, TO PROVIDE FOR THE REQUIREMENT THAT THE PROCEDURE BE PERFORMED WITH INFORMED CONSENT, AND TO PROVIDE FOR THE RESPONSIBILITY TO EXERCISE A REASONABLE DEGREE OF MEDICAL CARE.
Rep. WILKINS proposed the following Amendment No. 1 (Doc. No. 0015X).
Amend the bill, as and if amended, p. 1, by striking lines 26 through 40 and inserting:
/SECTION 1. Article 1, Chapter 7, Title 44 of the 1976 Code is amended by adding:
"Section 44-7-65. No cause of action exists in this State against a licensed health care provider, its employees, a licensed physician, or a licensed nurse for the failure to obtain spousal consent to a procedure which would render an individual unable to conceive children. This section does not:
(1) eliminate any legal requirement that the procedure be performed with the informed consent of the individual;
(2) absolve the licensed health care provider, its employees, the licensed physician, or the licensed nurse of the responsibility to exercise a reasonable degree of medical care in the performance of the procedure."/
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. HAYES explained the amendment.
Rep. McLEOD moved to adjourn debate upon the Bill until Tuesday, January 30, which was adopted.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3744 -- Reps. Short and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-7-120 SO AS TO PROVIDE THAT NOTWITHSTANDING A CONTRACT PROVISION REQUIRING AN ACTION ARISING UNDER THE CONTRACT TO BE BROUGHT IN A LOCATION OTHER THAN AS PROVIDED BY THE APPLICABLE LAWS AND COURT RULES OF THIS STATE, THE ACTION MAY BE BROUGHT AS PROVIDED IN THE APPLICABLE LAWS AND COURT RULES OF THIS STATE FOR SIMILAR CAUSES OF ACTION AND TO MAKE UNENFORCEABLE AN ARBITRATION AGREEMENT PROVISION REQUIRING ARBITRATION PROCEEDINGS OUTSIDE THIS STATE WITH RESPECT TO AN ACTION WHICH, BUT FOR THE AGREEMENT, IS TRIABLE IN THIS STATE AND TO PROVIDE FOR THE ENFORCEABILITY OF THE OTHER PROVISIONS OF THE ARBITRATION AGREEMENT AND THE METHOD OF SELECTING A FORUM FOR ARBITRATION PROCEEDINGS.
The following Bill was taken up.
H. 3852 -- Rep. McLellan: A BILL TO AMEND SECTIONS 8-11-720 AND 8-11-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LEAVE-TRANSFER PROGRAM, SO AS TO PROVIDE THE AMOUNT OF LEAVE AN EMPLOYEE MAY DONATE IN ONE YEAR AND TO PROVIDE THAT APPROVAL BY THE BUDGET AND CONTROL BOARD OR ITS DESIGNEE IS FINAL.
Rep. RUDNICK proposed the following Amendment No. 1 (Doc. No. 0169X), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___. Article 1, Chapter 11, Title 8 of the 1976 Code is amended by adding:
"Section 8-11-170. When a state employee retires, a maximum of twenty days of his unused sick leave must be treated as thirty days of annual leave not to exceed forty-five days. If the employee has accumulated less than twenty days of sick leave, that number must be multiplied by one hundred fifty percent to determine the number of annual leave days to which he is entitled."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. McLELLAN moved to table the amendment.
Rep. RUDNICK demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 67 to 14.
The Bill was read the second time and ordered to third reading.
The Senate returned to the House with concurrence the following:
H. 4431 -- Reps. Wright and Quinn: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PEOPLE OF THE TOWN OF IRMO IN LEXINGTON AND RICHLAND COUNTIES ON THE OCCASION OF THE ONE HUNDREDTH ANNIVERSARY OF ITS FOUNDING.
H. 4432 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. F. A. KENNEDY OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 4433 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MRS. EMMA WHITTON KENNEDY OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HER FAMILY AND MANY FRIENDS.
H. 4434 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. RALPH LEONARD MOORE, SR., OF AIKEN COUNTY, UNCLE OF OUR DEAR FRIEND AND COLLEAGUE IN THE GENERAL ASSEMBLY, SENATOR THOMAS L. MOORE, AND EXTENDING HEARTFELT SYMPATHY TO THE MEMBERS OF MR. MOORE'S FAMILY AND HIS MANY FRIENDS.
H. 4448 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. WILLIAM L. FOUST OF ANDERSON AS HE LEAVES HIS POST AS MANAGER OF DUKE POWER COMPANY'S ANDERSON DISTRICT AND TO WISH HIM WELL AS HE TRAVELS TO CHARLOTTE, NORTH CAROLINA, TO SERVE AS FIELD LIAISON FOR DUKE POWER'S NEW CUSTOMER SERVICE CENTER.
Rep. McCAIN moved that the House do now adjourn, which was adopted.
At 12:55 P.M. the House in accordance with the motion of Rep. McCAIN, adjourned to meet at 2:00 P.M. tomorrow.
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