Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, the Giver of every good gift, grant us strength to carry well our responsibilities, to do our work with credit, to say no to every temptation, to be kind to and considerate of others. Help us to remember Your blessings when clouds cast their shadows, when people disappoint us, when the future is unclear. Cause us to remember the past with gratitude and to welcome the present and the future with the challenges offered therewith.
Awaken us to enjoy life as it comes and to be thankful always. Lord, favorably hear our prayer. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
TO: The Honorable Curtis B. Inabinett
FROM: Robert J. Sheheen, Speaker
SUBJECT: Committee Assignment
DATE: April 10, 1991
It is with pleasure that I am today appointing you to serve on the Agriculture, Natural Resources and Environmental Affairs Committee.
I deeply appreciate your time and efforts in serving on this committee.
Received as information.
Document No. 1192
Promulgated By Health and Environmental Control
Standards for Licensing Community Residential Care Facilities
Referred to House Committee on Medical, Military, Public and Municipal Affairs
Withdrawn and resubmitted April 10, 1991
Rep. HARRISON moved that when the House adjourns, it adjourn in memory of the Honorable John Grimball, which was agreed to.
The following was received.
Columbia, S.C., April 10, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3633:
H. 3633 -- Rep. Gregory: A BILL TO AMEND SECTION 61-3-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BUSINESS PROHIBITED IN RETAIL ALCOHOLIC LIQUOR STORES, SO AS TO EXCEPT THE STORAGE AND SALE OF GLASSWARE AND MIXERS PACKAGED WITH ALCOHOLIC LIQUORS PROVIDED BY THE MANUFACTURER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 10, 1991
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. 597:
S. 597 -- Senator Bryan: A BILL TO AMEND SECTION 7-7-360, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN LAURENS COUNTY, SO AS TO PROVIDE THAT THE PRECINCT LINES ARE THOSE AS SHOWN ON THE OFFICIAL MAP DATED JANUARY 31, 1991.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 10, 1991
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R.21, H. 3188 by a vote of 43 to 0.
H. 3188 -- Rep. Wilkins: A BILL TO AMEND ACT 1329 OF 1968, AS AMENDED, RELATING TO THE CREATION OF THE GREENVILLE COUNTY RECREATION DISTRICT, SO AS TO CHANGE THE FISCAL YEAR OF THE DISTRICT FROM THE YEAR USED BY GREENVILLE COUNTY TO A FISCAL YEAR BEGINNING JANUARY FIRST AND ENDING DECEMBER THIRTY-FIRST.
Very respectfully,
President
No. 080
Received as information.
April 9, 1991
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3700, R-45, an Act:
TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF DELTA CORPORATION IN KERSHAW COUNTY
Section 33-14-220, as amended by Act 10 of 1991, provides the procedure under which a charter revoked under Section 33-14-210 may be reinstated. Since the charter of Delta Corporation was forfeited according to Section 33-14-210, the corporation may apply for reinstatement at anytime with the Secretary of State.
This veto is based upon an opinion of the Attorney General's Office dated March 28, 1990, which states:
Special legislation to reinstate a revoked charter for a specific corporation is proscribed by Article IX, Section 2, of our Constitution. It there provides:
"The General Assembly Shall provide by general has for the formation, organization, and regulation of corporations and shall prescribe their powers, rights, duties, and liabilities, including the powers, rights, duties and liabilities of their officers and stockholders or members."
Section 33-14-220 is a general law. A general law was defined in McKiever V. Sumter, 137 S.C. 266, 135 S.E. 60 to be:
"A law is general in the constitutional sense which applies to and operates uniformly on all members of any class of persons, places, or things requiring legislation peculiar to itself in matters covered by the law."
An act that would authorize the reinstatement of a revoked corporate charter beyond the procedure set forth in the limitation of Section 33-14-220 must be by general law applicable to all similar corporations.
In addition to the fact that, H-3700, R-45, is special legislation and thus in violation of the Constitution, the necessity to reinstate a corporation through legislation may no longer be necessary. The application for reinstatement after an administrative dissolution is no longer limited to the two years after the date of dissolution. The General Assembly adopted Act 10, of 1991, effective March 15, 1991, which eliminated the two year limitation so that a corporation may now apply for reinstatement anytime after dissolution.
Yours sincerely,
Carroll A. Campbell, Jr.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Burch Sheheen Whipper
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
April 9, 1991
Mr. Speaker and Members of the House:
I am hereby returning without my approval H. 3641, R-44, an Act:
TO AMEND SECTION 50-11-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BIRD SANCTUARIES, SO AS TO DECLARE AN AREA IN CLARENDON COUNTY AS A SANCTUARY.
This veto is based upon an opinion of the Attorney General's Office dated April 5, 1991, which states the following:
The act bearing ratification number 44 of 1991 amends Section 50-11-870 to add the specified area of Clarendon County to the areas of the State declared to be bird sanctuaries, thus outlawing the use of shotguns, rifles, pellet guns, and BB guns within the area. The specified area is located wholly within Clarendon County. Thus, H. 3641, R-44 of 1991 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to H. 3641, R-44 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E.2d 107 (1979); Torgerson v. Carver, 267 S.C. 558, 230 S.E.2d 228 (1976): Knight v. Salisbury, 262 S.C. 565, 206 S.E.2d 875 (1974).
In addition, Article III, Section 34 of the Constitution provides that
[t]he General Assembly of this State shall not enact local or special laws concerning any of the following purposes, to wit:
...
VI. To provide for the protection of game.
...
Provided, That the General Assembly is empowered to divide the State into as many zones as may appear practicable, and to enact legislation as may appear proper for the protection of game in several zones.
...
The subject act is clearly a special or local act in that it relates to protection of birds in one area of Clarendon County. Because the act is not for the protection of game in the entire zone of which this area would be part, see Section 50-1-60(9) of the South Carolina Code of Laws, Article III, Section 34 is likely contravened by this act. See Ops. Atty. Gen. dated June 8, 1983; June 20, 1983; June 18, 1984; June 3, 1988; February 15, 1989; May 30, 1990.
While I applaud the efforts to protect birds in parts of Clarendon County, H-3641, R-44 is considered local legislation in violation of Article VIII, Section 7, and should be decided by local government entities in Clarendon County.
Yours sincerely,
Carroll A. Campbell, Jr.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Harvin Inabinett McLeod
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3076 -- Reps. P. Harris, Carnell, J. Harris, Waites, Whipper and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 24 TO TITLE 44 SO AS TO PROVIDE PROCEDURES FOR THE COMMITMENT OF CHILDREN IN NEED OF MENTAL HEALTH TREATMENT.
Ordered for consideration tomorrow.
Rep. WALDROP, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3425 -- Rep. Baxley: A BILL TO ALLOW A PERSON SENTENCED TO A TERM OF IMPRISONMENT AND INCARCERATED IN A COUNTY PRISON OR JAIL TO BE RELEASED TO A PRISONER REHABILITATION PROGRAM APPROVED BY THE GOVERNING BODY OF THE COUNTY, TO AUTHORIZE A COUNTY GOVERNING BODY TO CONTRACT WITH A NONGOVERNMENTAL ORGANIZATION, ASSOCIATION, CORPORATION, PARTNERSHIP, OR GROUP WHICH HAS AS ITS CHIEF PURPOSE THE REHABILITATION OF PRISONERS, TO PROVIDE FOR THE RETURN OF RELEASED PRISONERS TO THE COUNTY PRISON OR JAIL UNDER CERTAIN CIRCUMSTANCES AND FOR THE EXCHANGE OF PRISONERS, TO PROVIDE FOR A REDUCTION OF SENTENCE OR FOR RELEASE OF A PRISONER INTO SOCIETY AT LARGE UPON SUCCESSFUL COMPLETION OF THE REHABILITATION PROGRAM, AND TO PROVIDE FOR THE LIABILITY OF THE PRISONER REHABILITATION PROGRAM WHILE A PRISONER IS IN ITS CUSTODY AND CARE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3820 -- Reps. J. Williams, D. Williams, H. Brown and Wofford: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION TO NAME THE NEW BOAT LANDING UNDER CONSTRUCTION IN HUGER AS THE "RALPH HAMER, SR., BOAT LANDING".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 880 -- Senators Lourie, Patterson, Giese, Courson, Setzler, Shealy, Wilson and J. Verne Smith: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE THAT SPANS THE CONGAREE RIVER ON THE SOUTHEASTERN BELTWAY FOR JUDGE ALEXANDER M. SANDERS, JR.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time and referred to appropriate committees:
H. 3821 -- Reps. Manly and Jaskwhich: A BILL TO AMEND ACT 284 OF 1989, RELATING TO THE TAX MILLAGE WHICH THE BOARD OF TRUSTEES OF THE GREENVILLE COUNTY SCHOOL DISTRICT MAY LEVY FOR THE GENERAL OPERATION OF THE SCHOOL DISTRICT IN ANY YEAR, SO AS TO INCREASE THE TAX MILLAGE WHICH MAY BE LEVIED.
Referred to the Greenville Delegation.
H. 3822 -- Rep. Boan: A BILL TO AMEND SECTION 9-11-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF ADDITIONAL SERVICE CREDIT UNDER THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO REDUCE FROM TWENTY-FIVE TO TWENTY YEARS THE AMOUNT OF CREDITABLE SERVICE WHICH A MEMBER WHO IS LESS THAN FIFTY-FIVE YEARS OF AGE MUST HAVE IN ORDER TO PURCHASE CERTAIN ADDITIONAL SERVICE CREDIT WHICH WILL ALLOW HIM TO RETIRE.
Referred to Committee on Ways and Means.
H. 3823 -- Rep. Kirsh: A BILL TO AMEND SECTION 30-4-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE THAT THE EXACT COMPENSATION PAID EACH PERSON OR EMPLOYEE BY A PUBLIC BODY MUST BE DISCLOSED INSTEAD OF DISCLOSING THE SALARY RANGES OF CERTAIN PERSONS OR EMPLOYEES.
Referred to Committee on Ways and Means.
H. 3824 -- Reps. Fulmer, Rama, Hallman, Barber, Phillips, Meacham, Gonzales, R. Young, Cork, Farr, McCraw and Keegan: 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 INCREASE CERTAIN PENALTIES AND TO PROVIDE THAT PORTIONS OF CERTAIN FINES BE REMITTED TO THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR SPECIFIC PROGRAMS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3825 -- Reps. Rudnick, G. Brown, Fair and Keegan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-685 SO AS TO PROVIDE THAT WHEN THE DRIVER'S LICENSE OF A SOUTH CAROLINA RESIDENT IS SUSPENDED DUE TO A CONVICTION OF AN OFFENSE OCCURRING IN ANOTHER STATE PURSUANT TO THE DRIVER LICENSE COMPACT, THE PERIOD OF SUSPENSION IN THIS STATE BEGINS ON THE DATE OF THE CONVICTION.
Referred to Committee on Education and Public Works.
H. 3826 -- Reps. Rudnick, Cromer, J. Bailey, Inabinett, Fair, Meacham, Jaskwhich, Altman and Wilder: A BILL TO AMEND SECTION 47-3-760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATIONS OF LAWS RELATING TO THE REGULATION AND CONFINEMENT OF DANGEROUS DOGS, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 3827 -- Reps. Barber, G. Brown, Baxley, Rogers, L. Elliott, Jaskwhich, Keyserling, Waites, Kempe, M.O. Alexander, Farr, Cole, McCraw and D. Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-422 SO AS TO REQUIRE AN IMPACT FEE FOR THE ISSUANCE OF AN ORIGINAL CERTIFICATE OF TITLE FOR A MOTOR VEHICLE PREVIOUSLY TITLED OUTSIDE OF SOUTH CAROLINA, REQUIRE THE REVENUE GENERATED FROM THE FEE BE DEPOSITED IN THE HERITAGE LAND TRUST FUND, PROVIDE THAT A PORTION OF THE INCREASED FEE BE REMITTED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND PROVIDE EXEMPTIONS.
Referred to Committee on Education and Public Works.
H. 3828 -- Rep. McElveen: A BILL TO AMEND SECTION 44-56-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE SOUTH CAROLINA HAZARDOUS WASTE MANAGEMENT ACT, SO AS TO PROVIDE THAT HAZARDOUS WASTE INCLUDES ALL WASTE DISPOSED OF IN A LAND DISPOSAL SITE PERMITTED TO RECEIVE HAZARDOUS WASTE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3829 -- Reps. Boan, P. Harris, Harwell, Keegan, Nettles, Scott, Tucker, Wilkins, Kinon, L. Elliott and Houck: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 5 IN TITLE 48, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ENACTING THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY ACT SO AS TO CREATE THE SOUTH CAROLINA WATER QUALITY REVOLVING FUND AUTHORITY; TO PROVIDE FOR THE POWERS OF THE AUTHORITY; TO AUTHORIZE THE ESTABLISHMENT BY THE AUTHORITY OF A REVOLVING FUND FOR THE PURPOSE OF MAKING LOANS TO PROJECT SPONSORS FOR THE FINANCING OF WASTEWATER TREATMENT FACILITIES AND OTHER CLEAN WATER PROJECTS; TO AUTHORIZE THE AUTHORITY TO ISSUE BONDS FOR THE PURPOSE OF PROVIDING FUNDS FOR DEPOSIT TO THE REVOLVING FUND; TO PROVIDE FOR THE METHOD OF ISSUANCE AND SECURING OF THE BONDS AND THE PAYMENT; TO AUTHORIZE THE DEPOSIT IN THE REVOLVING FUND OF FEDERAL GRANTS, STATE APPROPRIATIONS, LOAN REPAYMENTS, AND OTHER AMOUNTS AVAILABLE TO THE AUTHORITY; TO AUTHORIZE THE MAKING OF LOANS BY THE AUTHORITY TO PROJECT SPONSORS AND THE BORROWING BY PROJECT SPONSORS FROM THE AUTHORITY; AND TO REPEAL CHAPTER 6 OF TITLE 48, RELATING TO THE WATER POLLUTION REVOLVING FUND.
Referred to Committee on Ways and Means.
H. 3830 -- Rep. Hodges: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-19-190 SO AS TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CONDEMN PROPERTY FOR RAILWAY CORRIDOR PRESERVATION, TO EXPAND THE AUTHORITY OF THE COMMISSION TO DISTRIBUTE RAIL REVITALIZATION FUNDS.
Referred to Committee on Education and Public Works.
H. 3831 -- Rep. Hodges: A BILL TO AMEND SECTION 44-53-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR POSSESSING ANABOLIC STEROIDS WITHOUT A PRESCRIPTION, SO AS TO MAKE A TECHNICAL CORRECTION.
Referred to Committee on Judiciary.
H. 3832 -- Rep. Kirsh: A BILL TO AMEND SECTION 59-121-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NONPROFIT ELEEMOSYNARY CORPORATION FORMED TO PROVIDE SCHOLARSHIP AND OTHER COLLEGE SUPPORT FOR THE CITADEL, SO AS TO MAKE A TECHNICAL CORRECTION IN THE SECTION TO ALLOW FUNDS AND PROPERTY ACQUIRED BEFORE AND AFTER THE EFFECTIVE DATE OF THE SECTION TO BE TRANSFERRED TO THIS NONPROFIT ELEEMOSYNARY CORPORATION.
Referred to Committee on Education and Public Works.
H. 3833 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-37-905 SO AS TO PROVIDE THAT THE DUE DATE OF PROPERTY TAX RETURNS REQUIRED TO BE FILED WITH THE COUNTY AUDITOR IS APRIL THIRTIETH FOR PROPERTY OWNED AS OF THE PRECEDING DECEMBER THIRTY-FIRST.
On motion of Rep. KIRSH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3834 -- Rep. Wilkins: A BILL TO ADOPT THE UNITED STATES CENSUS OF 1990 AS THE TRUE AND CORRECT ENUMERATION OF THE INHABITANTS OF THE STATE OF SOUTH CAROLINA, AND TO AMEND SECTION 2-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPORTIONMENT OF THE HOUSE OF REPRESENTATIVES, SO AS TO REAPPORTION THE ELECTION DISTRICTS FROM WHICH MEMBERS ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
Referred to Committee on Judiciary.
H. 3835 -- Rep. Wilkins: A BILL TO AMEND SECTION 2-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPORTIONMENT OF MEMBERS OF THE SENATE INTO SENATORIAL ELECTION DISTRICTS EFFECTIVE WITH THE 1984 ELECTIONS, SO AS TO REAPPORTION THESE ELECTION DISTRICTS FROM WHICH MEMBERS OF THE SENATE ARE ELECTED IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
Referred to Committee on Judiciary.
H. 3836 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-19-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONGRESSIONAL DISTRICTS, SO AS TO REAPPORTION AND FURTHER PROVIDE FOR THE COMPOSITION OF THE DISTRICTS IN ACCORDANCE WITH THE UNITED STATES CENSUS OF 1990.
Referred to Committee on Judiciary.
H. 3837 -- Rep. Cork: A BILL TO AMEND SECTION 50-21-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "MARINE MANUFACTURER", "MARINE DEALER", "CERTIFICATE OF NUMBER", AND "TEMPORARY CERTIFICATE OF NUMBER"; TO AMEND SECTION 50-21-40, RELATING TO THE ADMINISTRATION OF CHAPTER 21 OF TITLE 50 (EQUIPMENT AND OPERATION OF WATERCRAFT), SO AS TO DELETE REFERENCE TO THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, PROVIDE FOR A MINIMUM FINE IN CASES WHERE A PENALTY IS NOT SPECIFIED AND TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 50-21-320, RELATING TO THE PROVISION THAT CERTAIN MARINE VESSELS NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT ONE OF THE CONDITIONS UNDER WHICH A VESSEL NEED NOT BE NUMBERED OCCURS DURING THE USE OF A WATERCRAFT UNDER AUTHORITY OF A VALID TEMPORARY CERTIFICATE OF NUMBER ISSUED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OR ITS AUTHORIZED AGENT; TO AMEND THE 1976 CODE BY ADDING SECTION 50-21-345 SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE TEMPORARY CERTIFICATES OF NUMBER TO PERMIT THE USE OF WATERCRAFT WHILE APPLICATIONS FOR NUMBERS ARE BEING PROCESSED; TO AMEND SECTION 50-21-370, RELATING TO TERM AND RENEWAL OF CERTIFICATES UNDER THE LAW ON EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO ALLOW THE DEPARTMENT TO ISSUE A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES TO A PERMITTED MARINE DEALER OR MARINE MANUFACTURER; TO AMEND SECTION 50-21-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP OF A MOTORBOAT, SO AS TO SUBSTITUTE "WATERCRAFT" FOR "MOTORBOAT" AND ALLOW THE PURCHASER TO OPERATE THE WATERCRAFT FOR UP TO SIXTY DAYS, RATHER THAN THIRTY DAYS, ON A TEMPORARY BASIS; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A MARINE VESSEL, NOTICE, AND TERMINATION OF CERTIFICATE, SO AS TO DELETE CERTAIN PROVISIONS AND REQUIRE THE OWNER TO NOTIFY THE DEPARTMENT IN WRITING WITHIN TEN DAYS IF ANY REGISTERED WATERCRAFT IS ABANDONED, JUNKED, OR DESTROYED OR IS USED IN THE MANUFACTURE OR REMANUFACTURE OF ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW ON THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "DEALER'S PERMIT", INCLUDING THE ADDITION OF PROVISIONS REGARDING A DEALER WHO FAILS TO MEET MINIMUM REQUIREMENTS EACH YEAR; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO DELETE REFERENCE TO "DIVISION" AND REPLACE IT WITH "DEPARTMENT", REQUIRE THAT THE APPLICATION BE MADE WITHIN TWENTY DAYS OF THE DATE OF PURCHASE, MAKE REFERENCE TO MARINE DEALERS, REQUIRE THE DEALER TO MAIL OR DELIVER THE APPLICATION TO THE DEPARTMENT WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF THE SALE, PROVIDE THAT A DEALER, UPON TRANSFERRING A WATERCRAFT OR OUTBOARD MOTOR TO ANOTHER PERSON, OTHER THAN BY CREATION OF A SECURITY INTEREST, WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF SALE SHALL EXECUTE THE ASSIGNMENT AND WARRANTY OF TITLE BY A DEALER, AND PROVIDE THAT DEALERS ARE NOT REQUIRED TO OBTAIN TITLES FOR NEW VESSELS AND OUTBOARD MOTORS HELD IN THEIR INVENTORY FOR SALE UNTIL THEY ARE SOLD OR EXCHANGED, SO LONG AS A PROPER MANUFACTURER'S OR IMPORTER'S CERTIFICATE IS HELD BY THE DEALER; TO AMEND SECTION 50-23-170, AS AMENDED, RELATING TO SERIAL NUMBERS FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROHIBIT BEING IN POSSESSION OF A PARTICULAR WATERCRAFT OR OUTBOARD MOTOR UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO OPERATION OR TRANSFER OF WATERCRAFT OR MOTOR WITHOUT A CERTIFICATE, CERTAIN UNLAWFUL ACTS REGARDING WATERCRAFT AND MOTORS, AND FAILURE TO DELIVER OR SURRENDER A CERTIFICATE, SO AS TO PROHIBIT BEING IN POSSESSION OF CERTAIN WATERCRAFT OR OUTBOARD MOTORS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-205, AS AMENDED, RELATING TO SEIZURE OF CERTAIN WATERCRAFT, NOTICE OF SEIZURE, AND DISPOSAL OF WATERCRAFT, SO AS TO ADD PROVISIONS REGARDING WHAT THE DEPARTMENT SHALL DO WHEN THE DEPARTMENT DETERMINES THE OWNER OF ANY SEIZED WATERCRAFT OR OUTBOARD MOTOR, INCLUDING PROVISIONS FOR FORFEITURE; AND TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES UNDER THE LAW ON TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE SPECIAL PENALTIES FOR ANY DEALER WHO VIOLATES THE PROVISIONS OF CHAPTER 23 OF TITLE 50, AND PROVIDE THAT ANY PERSON WHO UTTERS A FRAUDULENT CHECK TO THE DEPARTMENT FOR FEES, OR IS CONVICTED OF VIOLATING ANY PROVISION OF CHAPTER 23 OF TITLE 50, MAY BE DENIED FUTURE DEALER PERMITS BY THE DEPARTMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3838 -- Reps. Jennings and Beasley: A BILL TO CREATE THE MARLBORO COUNTY BOARD OF ELECTIONS AND REGISTRATION AND TO ABOLISH THE MARLBORO COUNTY ELECTION COMMISSION AND MARLBORO COUNTY REGISTRATION BOARD AND DEVOLVE THEIR POWERS AND DUTIES UPON THIS NEW BOARD.
On motion of Rep. BEASLEY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3839 -- Rep. Cromer: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO DELETE CERTAIN AGE LIMITATIONS BEFORE A PARTICULAR DEDUCTION MAY BE TAKEN AND TO PROVIDE THAT WHEN A RETIRED PERSON OR HIS SURVIVING SPOUSE, IF APPLICABLE, ATTAINS THE AGE OF SIXTY-TWO CERTAIN THREE THOUSAND DOLLAR DEDUCTIONS ARE INCREASED TO SIX THOUSAND DOLLARS AND, UPON ATTAINING THE AGE OF SIXTY-FIVE, ARE INCREASED TO TEN THOUSAND DOLLARS.
Referred to Committee on Ways and Means.
H. 3840 -- Rep. Jaskwhich: A BILL TO AMEND TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARKS, RECREATION AND TOURISM, BY ADDING CHAPTER 25 SO AS TO ENACT THE RAILS TO TRAILS ACT.
Referred to Committee on Education and Public Works.
H. 3841 -- Reps. Beasley, Wilkins, Baxley, Hayes, Keegan and Fair: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FROM NINETY TO ONE HUNDRED TWENTY DAYS FOR A PERSON WHO REFUSES TO SUBMIT TO THE TESTS, TO PROVIDE THAT IF A PERSON SUBMITS TO A TEST AND THE TEST RESULTS INDICATE THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, AND TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM.
Referred to Committee on Judiciary.
H. 3842 -- Rep. T.C. Alexander: A BILL TO AMEND SECTION 41-33-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUISITIONING AND USE OF MONEY IN THE UNEMPLOYMENT TRUST FUND FOR THE PAYMENT OF ADMINISTRATION EXPENSES, SO AS TO FURTHER PROVIDE FOR CONDITIONS UNDER WHICH THESE FUNDS MAY BE USED FOR THESE PURPOSES.
Referred to Committee on Labor, Commerce and Industry.
H. 3843 -- Reps. L. Martin, Burriss, Hayes, Fair, Wells and Harvin: A BILL TO AMEND TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOL AND ALCOHOLIC BEVERAGES, SO AS TO CHANGE THE REFERENCES TO ALCOHOLIC BEVERAGES TO REGULATED BEVERAGES, REVISE DEFINITIONS AND REQUIREMENTS PERTAINING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, THE ALCOHOLIC BEVERAGE CONTROL ACT, LICENSES AND PERMITS, THE TRANSPORTATION, POSSESSION, CONSUMPTION, SALE, MANUFACTURE, AND IMPORTATION OF REGULATED BEVERAGES, OFFENSES, AND PENALTIES, AND DELETE OBSOLETE LANGUAGE; AND TO REPEAL ARTICLE 11, CHAPTER 21, TITLE 12, RELATING TO PRODUCERS AND WHOLESALERS OF BEER AND WINE.
Referred to Committee on Labor, Commerce and Industry.
H. 3844 -- Rep. D. Williams: A BILL TO AUTHORIZE THE OWNER OF MANUFACTURED HOUSING OR A MOBILE HOME TO TAKE CERTAIN STEPS TO QUALIFY THE MANUFACTURED HOUSING OR MOBILE HOME AS A HOUSE FOR INSURANCE PURPOSES.
Referred to Committee on Labor, Commerce and Industry.
H. 3845 -- Rep. Boan: A BILL TO AMEND SECTIONS 59-107-40, 59-107-50, 59-107-60, 59-107-70, 59-107-100, 59-107-160, 59-107-180, AND 59-107-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE INSTITUTION BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH THESE BONDS ARE AUTHORIZED AND ISSUED; TO AMEND SECTION 11-27-30, RELATING TO THE EFFECT OF THE CONSTITUTION OF THIS STATE ON ALL STATE BONDS, SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH CERTAIN STATE BONDS AND NOTES MUST BE ISSUED AND DELIVERED, AND TO REPEAL SECTIONS 57-11-350, RELATING TO THE EXECUTION OF STATE HIGHWAY BONDS, 59-71-500, RELATING TO THE EXECUTION OF STATE SCHOOL BONDS, AND 59-107-130, RELATING TO THE EXECUTION OF STATE INSTITUTION BONDS.
Referred to Committee on Ways and Means.
H. 3846 -- Rep. Boan: A BILL TO AMEND SECTION 11-21-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF PROCEEDS OF REFUNDING BONDS, SO AS TO FURTHER PROVIDE FOR THE DISPOSITION OF THESE PROCEEDS.
Referred to Committee on Ways and Means.
H. 3847 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-229 SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON WITH INTENT TO DEFRAUD A PUBLIC BODY OF THIS STATE, USE OR AUTHORIZE THE USE OF PUBLIC FUNDS, EMPLOYEES, OR PROPERTY FOR PRIVATE USE OR BENEFIT, MAKE IT UNLAWFUL FOR ANY PERSON TO DO OR ATTEMPT TO DO ANY OTHER ACT TO DEFRAUD A PUBLIC BODY OF THIS STATE, AND PROVIDE PENALTIES FOR VIOLATION.
Referred to Committee on Judiciary.
H. 3848 -- Rep. McTeer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-36-2680 SO AS TO PROVIDE THAT WHEN A WHOLESALER MAKES A SALE TO A LICENSED RETAILER THAT IS NOT FOR RESALE AND THE WHOLESALER OBTAINS AND RECORDS THE RETAIL LICENSE NUMBER OF THE PURCHASING RETAILER, THE INCIDENCE OF THE SALES AND USE TAX WITH RESPECT TO THE SALE IS ON THE RETAILER AND TO AUTHORIZE THE TAX COMMISSION TO OBTAIN INFORMATION FROM THE WHOLESALER FOR THE ADMINISTRATION OF THIS SECTION.
Referred to Committee on Ways and Means.
H. 3849 -- Rep. Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-3-55 SO AS TO MAKE IT UNLAWFUL TO OWN OR POSSESS A PIT BULL DOG IN THIS STATE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3850 -- Rep. Smith: A BILL TO AMEND SECTION 20-7-650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF A LOCAL CHILD PROTECTIVE AGENCY, SO AS TO PROVIDE THAT FACTS INDICATING A VIOLATION OF CRIMINAL LAW BE REPORTED TO APPROPRIATE LAW ENFORCEMENT AGENCIES WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED, AND WHEN FACTS INDICATE SEXUAL ABUSE, LAW ENFORCEMENT AGENCIES MUST BE NOTIFIED WITHIN TWENTY-FOUR HOURS AND AN INCIDENT REPORT FILED.
Referred to Committee on Judiciary.
H. 3851 -- Rep. Wright: A BILL TO ENACT THE SOUTH CAROLINA PARENTAL RESPONSIBILITIES ACT OF 1991 INCLUDING PROVISIONS TO AMEND SECTION 59-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPENDING PRIORITIES OF SCHOOL DISTRICTS AND SCHOOL IMPROVEMENT REPORTS, SO AS TO FURTHER PROVIDE FOR THE FORMAT OF THIS REPORT REGARDING HOME-SCHOOL RELATIONSHIPS; TO AMEND CHAPTER 65, TITLE 59, RELATING TO ATTENDANCE OF PUPILS BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR SCHOOL TRUANCY PLANS AND PROCEDURES; TO ADD SECTION 59-26-95 SO AS TO PROVIDE THAT THE STATE BOARD OF EDUCATION SHALL PROMULGATE REGULATIONS TO PROVIDE THAT SCHOOL GUIDANCE COUNSELORS ARE EMPLOYED PRIMARILY TO COUNSEL STUDENTS, GIVE GROUP GUIDANCE WHERE APPROPRIATE, AND WORK WITH STUDENTS' PARENTS AND TEACHERS; TO AMEND SECTION 59-26-20, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION, SO AS TO PROVIDE THAT THE STATE BOARD SHALL ADOPT CERTAIN PROGRAM APPROVAL STANDARDS RELATING TO STUDENTS PURSUING TEACHING PROGRAMS IN REGARD TO WORKING WITH STUDENTS AT RISK AND THEIR PARENTS; TO ADD SECTION 59-26-85 SO AS TO PROVIDE THAT THE STATE DEPARTMENT OF EDUCATION SHALL DEVELOP IN-SERVICE TRAINING PROGRAMS FOR WORKING WITH STUDENTS AT RISK AND THEIR PARENTS; TO AMEND SECTION 43-5-550, RELATING TO THE STATEWIDE WORK SUPPORT SERVICES DELIVERY SYSTEM OF PUBLIC AID AND ASSISTANCE, SO AS TO INCLUDE PARENTAL TRAINING FOR YOUNG CUSTODIAL PARENTS; TO AMEND SECTIONS 59-65-20, 59-65-50, AND 59-65-60, RELATING TO THE ATTENDANCE OF PUPILS INCLUDING PENALTIES FOR VIOLATION, SO AS TO ESTABLISH CERTAIN PROCEDURES FOR HANDLING NONATTENDANCE CASES; AND TO REPEAL SECTION 59-65-70, RELATING TO THE POWER OF A COURT OF COMPETENT JURISDICTION TO DECLARE A CHILD DELINQUENT FOR FAILURE TO ATTEND SCHOOL.
Referred to Committee on Education and Public Works.
H. 3852 -- Rep. Baxley: A BILL TO AMEND SECTIONS 12-7-455, 12-7-1510, 12-7-1640, ALL AS AMENDED, AND SECTION 12-19-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION OF TAX EXEMPT ENTITIES, SO AS TO IMPOSE A TAX EQUAL TO FIVE PERCENT ON THE SOUTH CAROLINA TAXABLE INCOME OF ALL ENTITIES OTHER THAN INDIVIDUALS, ESTATES, TRUSTS, AND CORPORATIONS, TO REQUIRE TAX EXEMPT ENTITIES WITH UNRELATED BUSINESS INCOME TO FILE INCOME TAX RETURNS, TO ESTABLISH A FILING DATE FOR RETURNS OF CERTAIN TAX EXEMPT ORGANIZATIONS ON OR BEFORE THE FIFTEENTH DAY OF THE FIFTH MONTH FOLLOWING THE TAXABLE YEAR, TO EXEMPT CERTAIN TAX EXEMPT ORGANIZATIONS FROM THE CORPORATE LICENSE TAX; AND TO AMEND SECTIONS 33-31-50 AND 33-35-50, RELATING TO THE INCORPORATION OF NONPROFIT CORPORATIONS AND FEES REQUIRED TO FILE VARIOUS PAPERS FOR FEDERALLY FINANCED NONPROFIT CORPORATIONS, SO AS TO EXEMPT THEM FROM THE INITIAL LICENSE FEE AND FEE FOR FILING THE ANNUAL REPORT.
Referred to Committee on Ways and Means.
H. 3853 -- Reps. Baxley, Beasley, Glover and Neilson: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR DARLINGTON COUNTY AND TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF DARLINGTON COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE REGISTRATION AND ELECTIONS COMMISSION.
Referred to the Darlington Delegation.
H. 3854 -- Rep. Jaskwhich: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1925 SO AS TO PROHIBIT TRUCKS WITH A GROSS WEIGHT OF TEN THOUSAND POUNDS OR MORE FROM TRAVELING IN THE FARTHEST LEFT-HAND LANE ON A DIVIDED HIGHWAY WITH THREE OR MORE LANES AND TO PROVIDE EXCEPTIONS.
Referred to Committee on Education and Public Works.
H. 3855 -- Rep. Jaskwhich: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO POST SIGNS RESTRICTING TRUCK TRAFFIC ON STATE HIGHWAY SYSTEM ROAD S492 BETWEEN HAYWOOD ROAD, INTERSTATE HIGHWAY 85, AND INTERSTATE HIGHWAY 385 IN GREENVILLE COUNTY.
On motion of Rep. JASKWHICH, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3856 -- Reps. T.C. Alexander, Wells, Cromer, Harvin and Smith: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED DOCTORAL PSYCHOLOGIST.
Referred to Committee on Labor, Commerce and Industry.
H. 3857 -- Reps. R. Young, Holt and Rama: A BILL TO DESIGNATE SECTIONS 44-29-10 THROUGH 44-29-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, CHAPTER 29, TITLE 44 TO BE ENTITLED "GENERAL PROVISIONS"; TO REDESIGNATE SECTION 44-29-230 AS SECTION 44-29-147; TO DESIGNATE SECTIONS 44-29-60 THROUGH 44-29-147 AS ARTICLE 3, CHAPTER 29 OF TITLE 44 TO BE ENTITLED "SEXUALLY TRANSMITTED DISEASES"; TO DESIGNATE SECTIONS 44-29-150 THROUGH 44-29-210 AS ARTICLE 5, CHAPTER 29 OF TITLE 44 TO BE ENTITLED "SCHOOL HEALTH AND IMMUNIZATIONS"; TO AMEND CHAPTER 29, OF TITLE 44 BY ADDING ARTICLE 7 SO AS TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR REGISTRATION OF TATTOO ARTISTS AND TATTOO PARLORS BY PROVIDING FOR DEFINITIONS, REGISTRATION AND RENEWAL REQUIREMENTS AND FEES, MINIMAL STANDARDS, TATTOOING AND STERILIZING PROCEDURES, DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL INSPECTIONS, REGISTRATION DENIAL, REVOCATION, OR SUSPENSION, AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-17-700, RELATING TO TATTOOING, SO AS TO CHANGE THE CRIMINAL OFFENSE PROHIBITING ALL TATTOOING TO ALLOW TATTOOING OF THOSE EIGHTEEN YEARS OF AGE OR OVER.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3858 -- Reps. R. Young, Gonzales, Barber, Rama, J. Bailey, Holt and Fulmer: A BILL TO AMEND ARTICLE 7, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 4, "PRENATAL EXPOSURE TO CONTROLLED SUBSTANCES", SO AS TO REQUIRE REPORTING, TESTING, DEPARTMENT OF SOCIAL SERVICES INTERVENTION, IMMUNITY FOR GOOD FAITH REPORTING, CONFIDENTIALITY, PROHIBITION OF USE OF INFORMATION IN CERTAIN CRIMINAL PROCEEDINGS, AND TO PROVIDE PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3859 -- Rep. J. Bailey: A BILL TO AMEND SECTION 56-10-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DURATION AND CANCELLATION OF CERTAIN MOTOR VEHICLE LIABILITY INSURANCE POLICIES ISSUED TO MEET FINANCIAL RESPONSIBILITY REQUIREMENTS, SO AS TO PERMIT CANCELLATION OF THE POLICY IF THE INSURED HAS SECURED ANOTHER POLICY THAT MEETS THESE FINANCIAL RESPONSIBILITY REQUIREMENTS.
Referred to Committee on Labor, Commerce and Industry.
H. 3860 -- Rep. Rudnick: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ELECTION OF JUDGES FOR THE CIRCUIT COURTS, SO AS TO PROVIDE THAT THE QUALIFIED VOTERS OF THE STATE ELECT THE JUDGES.
Referred to Committee on Judiciary.
H. 3861 -- Rep. Rudnick: A BILL TO ESTABLISH A HOSPITAL RATE SETTING COMMISSION AS AN AGENCY OF STATE GOVERNMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3862 -- Rep. Rudnick: A BILL TO AMEND SECTION 1-11-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZATION OF THE BUDGET AND CONTROL BOARD TO PROVIDE INSURANCE, SO AS TO REQUIRE THAT BENEFITS UNDER THE STATE HEALTH PLAN MUST PAY ONE HUNDRED PERCENT OF THE USUAL AND CUSTOMARY FEE OF HEALTH CARE PROVIDERS.
Referred to Committee on Ways and Means.
H. 3863 -- Rep. Keesley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-13-1375 SO AS TO PROVIDE THAT HORSES SOLD OR AUCTIONED MUST BE TESTED BY THE STATE VETERINARIAN OR AN ACCREDITED VETERINARIAN WHO SHALL ISSUE A CERTIFICATE THAT THE ANIMAL SOLD MEETS ALL EXISTING HEALTH REQUIREMENTS AND TO PROVIDE PAYMENT FOR THIS SERVICE; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO TESTING OF HORSES BEFORE ENTRY INTO SOUTH CAROLINA, SO AS TO REQUIRE A CERTIFICATE STATING THAT THE HORSE HAS NOT BEEN EXPOSED RECENTLY TO EQUINE INFECTIOUS ANEMIA, THAT THE ANIMAL'S TEMPERATURE IS NORMAL, AND THE ANIMAL IS FREE OF ANY CONTAGIOUS OR INFECTIOUS DISEASES; TO AMEND SECTION 47-13-1370, AS AMENDED, RELATING TO PROOF OF TESTS FOR PUBLIC ASSEMBLY OF HORSES, SO AS TO REQUIRE THAT HORSES NEED ONLY TEST NEGATIVE FOR EQUINE INFECTIOUS ANEMIA WITHIN THE LAST TWELVE MONTHS INSTEAD OF SIX MONTHS AND TO CREATE AN EXCEPTION FOR HORSES TO BE SOLD OR AUCTIONED.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3864 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-90 SO AS TO REQUIRE PROSECUTION OF DOMESTIC VIOLENCE OFFENSES.
Referred to Committee on Judiciary.
H. 3865 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-100 SO AS TO REQUIRE THAT A RESTRAINING ORDER BE ISSUED REMOVING A PERSON WHO COMMITS A DOMESTIC VIOLENCE OFFENSE UNDER CHAPTER 25 OF TITLE 16 FROM THE RESIDENCE IN WHICH THE OFFENSE WAS COMMITTED.
Referred to Committee on Judiciary.
H. 3866 -- Reps. Corning, H. Brown and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41, TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED CONSENT FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41 OF TITLE 44 ENTITLED "ABORTIONS GENERALLY".
Referred to Committee on Judiciary.
H. 3867 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO USING CERTAIN NETS TO FISH WITHIN THREE MILES FROM WINYAH BAY JETTIES, SO AS TO CLARIFY THE PENALTY TO INCLUDE THE SEIZURE OF AN ENGINE AND ALL RELATED EQUIPMENT FOR A VIOLATION OF THIS SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3868 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-422, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTRICTIONS ON THE USE OF GILL NETS FOR TAKING AMERICAN SHAD IN STATE WATERS OF THE ATLANTIC OCEAN, SO AS TO PROVIDE THAT EACH NET SET IN VIOLATION OF THIS SECTION CONSTITUTES A SEPARATE OFFENSE.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3869 -- Rep. Snow: A BILL TO AMEND CHAPTER 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 11 SO AS TO PROVIDE A POINT SYSTEM TO BE USED IN SUSPENDING PRIVILEGES, LICENSES, AND PERMITS FOR VIOLATIONS OF COASTAL FISHERIES LAWS AND REGULATIONS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3870 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOURS FOR TRAWLING FOR SHRIMP, SO AS TO REDEFINE THE PERIOD IN WHICH A PERSON MAY LAWFULLY TRAWL FOR SHRIMP.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3871 -- Rep. Snow: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO REVISE THE REQUIREMENTS FOR THE TAKING OF ANTLERED DEER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3872 -- Rep. Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-41 SO AS TO PROVIDE FOR THE REGULATION OF SEASONS AND FISHING ACTIVITIES IN SALTWATERS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3873 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-810, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTION 50-17-812, RELATING TO THE SEASONS FOR CATCHING SHAD, SO AS TO CHANGE THE SEASON ON THE EDISTO RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3874 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S COASTAL FISHERIES LAWS AND THE ESTABLISHMENT OF PARTICULAR RESTRICTED AREAS OF BEAUFORT, CHARLESTON, AND COLLETON COUNTIES, SO AS TO DELETE FROM THE RESTRICTED-AREAS LIST THE AREA WITHIN ONE-QUARTER MILE OF THE SHORE OF THE OCEAN BEACHES OF HUNTING ISLAND AND WITHIN ONE-QUARTER MILE OF THE BEACH OF HILTON HEAD FROM BRADDOCK COVE ALONG THE BEACH TO FISH HAUL CREEK IN BEAUFORT COUNTY.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3875 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-618, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERS CLOSED TO TRAWLING, SO AS TO CLARIFY THE PRECEDENCE OF THE SECTION.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3876 -- Rep. Snow: A BILL TO AMEND SECTION 50-17-725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF STONE CRABS, SO AS TO PROVIDE FOR THE REMOVAL OF THE CLAW ATTACHED TO THE RIGHT SIDE OF THE BODY INSTEAD OF THE LARGER OF THE TWO CLAWS.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3877 -- Reps. Rogers, Cromer, Scott, Corning, Wright, Klapman, J. Brown and Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 49-29-230 SO AS TO DESIGNATE A PORTION OF THE SALUDA RIVER AS A SCENIC RIVER.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3878 -- Reps. Sharpe, Hallman, Wofford, Fulmer and Huff: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF THE ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Referred to Committee on Judiciary.
H. 3879 -- Rep. Meacham: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 140 SO AS TO PROVIDE FOR THE DRUG-FREE POSTSECONDARY EDUCATION ACT.
Referred to Committee on Education and Public Works.
H. 3880 -- Rep. Meacham: A BILL TO AMEND SECTION 44-53-445, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION OF A CONTROLLED SUBSTANCE, SO AS TO PROVIDE FOR THE DRUG-FREE SCHOOL ZONES ACT.
Referred to Committee on Judiciary.
H. 3881 -- Reps. Jaskwhich and Rama: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 70 SO AS TO ENACT THE PARENTAL CHOICE IN EDUCATION ACT AUTHORIZING A STUDENT TO ATTEND A PUBLIC OR PRIVATE SCHOOL IN A DISTRICT OTHER THAN THE ONE IN WHICH HE RESIDES UNDER CERTAIN RESTRICTIONS, CONDITIONS, AND LIMITATIONS.
Referred to Committee on Education and Public Works.
H. 3882 -- Rep. Gonzales: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-1-160 SO AS TO PROVIDE THAT IF ANY PROVISION OF LAW CONCERNING APPOINTMENTS TO OR APPROVAL OF A BUDGET FOR A COUNTY BOARD, COMMISSION, OR DISTRICT, EXCLUDING SCHOOL DISTRICTS, REQUIRES AN ACTION ON THE PART OF A COUNTY LEGISLATIVE DELEGATION, THE RESPONSIBILITY FOR THAT REQUIRED ACTION, UPON WRITTEN RESOLUTION SIGNED BY A MAJORITY OF THE COUNTY LEGISLATIVE DELEGATION, SHALL DEVOLVE TO THE GOVERNING BODY OF THE COUNTY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3883 -- Reps. Gonzales, R. Young, Holt, Fulmer, Wofford, H. Brown, Baker, Hallman, Rama, Waites, Ross, A. Young, Meacham, Stoddard, Quinn, Clyborne and Bennett: A BILL TO AMEND SECTION 61-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION TO REGULATE ALCOHOLIC BEVERAGE RETAIL SALES LOCATION OPERATIONS, SO AS TO PROVIDE THAT NO PROVISION OF TITLE 61 MAY PREVENT A COUNTY OR MUNICIPALITY FROM PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES DURING CERTAIN HOURS AND TO PROVIDE THAT EXISTING ORDINANCES PROHIBITING CERTAIN SALE HOURS ARE CONFIRMED AND RATIFIED.
Referred to Committee on Labor, Commerce and Industry.
H. 3884 -- Reps. Gonzales and R. Young: A BILL TO CREATE THE COOPER RIVER SERVICE DISTRICT AND TO ABOLISH AND DEVOLVE ALL DUTIES AND RESPONSIBILITIES OF THE NORTH CHARLESTON DISTRICT AND THE COOPER RIVER PARKS AND PLAYGROUND COMMISSION TO THE COOPER RIVER SERVICE DISTRICT AND TO PROVIDE FOR THE ALLOCATION OF ASSETS FORMERLY BELONGING TO THE NORTH CHARLESTON DISTRICT AND THE COOPER RIVER PARKS AND PLAYGROUND COMMISSION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3885 -- Rep. J. Bailey: A BILL TO AMEND SECTION 59-19-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LEASING SCHOOL PROPERTY FOR PARTICULAR PURPOSES, SO AS TO DELETE THE PROVISION THAT LONG-TERM LEASES FOR CHILD CARE PROGRAMS MUST BE WITH NOT-FOR-PROFIT CORPORATIONS AND TO ALLOW THE SCHOOL DISTRICT TO ENTER INTO LEASES WITH ANY CORPORATION.
Referred to Committee on Education and Public Works.
H. 3886 -- Reps. Jennings, Baxley, G. Brown, Hodges, Huff, Beasley, Keyserling, J. Harris, Snow, Kirsh, Haskins and Barber: A BILL TO PROVIDE THAT BEGINNING WITH THE 1992 GENERAL ELECTION AND THEREAFTER, ALL COUNTIES MUST USE AUTOMATED OR ELECTRONIC VOTING SYSTEMS AND MAY NOT USE PAPER BALLOTS EXCEPT FOR ABSENTEE OR CONTESTED BALLOTS.
Referred to Committee on Judiciary.
H. 3887 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS IN PSYCHOLOGY, RELATING TO LICENSURE, EXAMINATIONS, RENEWAL, CODE OF CONDUCT, FEES, SUPERVISION, BOARD ACTIONS, AND CONTINUING EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1370, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3888 -- Rep. Gentry: A BILL TO AMEND SECTION 38-73-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSIGNED RISKS, SO AS TO PROHIBIT ASSIGNED RISK POOLS FROM REFUSING TO ACCEPT WORKERS' COMPENSATION INSURANCE POLICIES ON THE BASIS THAT THEY PROVIDE COVERAGE TO VENDORS PROVIDING LOGGING SERVICES TO A NAMED INSURED.
Referred to Committee on Labor, Commerce and Industry.
H. 3889 -- Reps. Hodges, McElveen, Barber and M.O. Alexander: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE WHEN REVIEWING CANDIDATES FOR A FAMILY COURT, CIRCUIT COURT, COURT OF APPEALS, OR SUPREME COURT JUDGESHIP.
Referred to Committee on Judiciary.
H. 3890 -- Reps. Koon, T.C. Alexander, Sturkie, Quinn, Wright, Sharpe, Klapman and Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-27-187 SO AS TO PROVIDE THAT STREETS OR ROADS PROVIDING INGRESS AND EGRESS TO PARCELS OF LAND CREATED FROM A SINGLE TRACT OF LAND ARE EXEMPT FROM COUNTY AND LOCAL SUBDIVISION REQUIREMENTS UNDER CERTAIN CONDITIONS.
Referred to Committee on Judiciary.
H. 3891 -- Rep. Meacham: A BILL TO ENACT THE "MINIMUM MANDATORY SENTENCING ACT" FOR VIOLATIONS OF THE NARCOTICS AND CONTROLLED SUBSTANCES LAWS OF THIS STATE, INCLUDING PROVISIONS FOR SPECIFIC PENALTIES, A COST ESTIMATE BY THE DEPARTMENT OF CORRECTIONS, THE ISSUANCE OF CERTAIN "CORRECTIONAL FACILITIES CONSTRUCTION BONDS", AND THE ESTABLISHMENT OF A "CORRECTIONAL FACILITIES CONSTRUCTION FUND".
Referred to Committee on Judiciary.
H. 3892 -- Rep. Gonzales: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP AND AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.
Referred to the Charleston Delegation.
H. 3893 -- Rep. Gonzales: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING A REFERENDUM FOR INCREASING THE MILLAGE CAP.
Referred to the Charleston Delegation.
H. 3894 -- Rep. Gonzales: A BILL TO AMEND ACT 340 OF 1967, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE CHARLESTON SCHOOL DISTRICT AND THE MANNER IN WHICH THE ANNUAL TAX MILLAGE FOR THE DISTRICT IS DETERMINED, SO AS TO REVISE THIS PROCEDURE INCLUDING PROVISIONS AUTHORIZING CHARLESTON COUNTY COUNCIL TO APPROVE A CHANGE IN THE ANNUAL MILLAGE CAP.
Referred to the Charleston Delegation.
H. 3895 -- Reps. A. Young, G. Bailey, Gonzales, Wofford, H. Brown, Fulmer, Hallman, Meacham, Cork, Barber and Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-27-415 SO AS TO REQUIRE THE TAX COMMISSION TO REPORT MONTHLY GASOLINE SALES BY LOCATION FOR PURPOSES OF SECTIONS 12-27-380 AND 12-27-400 AND PROVIDE EACH COUNTY DATA ON GASOLINE TAX COLLECTIONS IN THAT COUNTY.
Referred to Committee on Ways and Means.
H. 3896 -- Rep. Gentry: A BILL TO AMEND SECTION 38-77-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM BODILY INJURY AND PROPERTY DAMAGE LIMITS FOR AUTOMOBILE INSURANCE, SO AS TO INCREASE THE MINIMUM REQUIREMENTS.
Referred to Committee on Labor, Commerce and Industry.
H. 3897 -- Reps. Quinn, Harrison, Rogers, T.C. Alexander, Waites and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 69 TO TITLE 39 SO AS TO MAKE IT UNLAWFUL TO SELL TOBACCO PRODUCTS BY VENDING MACHINES IN ANY PUBLIC PLACE THAT IS PREDOMINANTLY FREQUENTED OR USED BY PERSONS UNDER THE AGE OF EIGHTEEN, PROVIDE THAT A MUNICIPALITY AND COUNTY ENFORCE THE PROVISIONS OF THIS CHAPTER, PROVIDE PENALTIES FOR VIOLATION, AND TO INVALIDATE ORDINANCES AND REGULATIONS ADOPTED BY MUNICIPALITIES, COUNTIES, AND POLITICAL SUBDIVISIONS BEFORE THE EFFECTIVE DATE OF THIS CHAPTER.
Referred to Committee on Judiciary.
H. 3904 -- Reps. Cooper, Kinon, Meacham, Shirley, Townsend, Chamblee, Cato, Kempe and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 1, TITLE 1, RELATING TO ADMINISTRATION OF THE GOVERNMENT, BY ENACTING THE GOVERNMENT AGENCY RECYCLING ACT SO AS TO REQUIRE GOVERNMENT AGENCIES AND INSTITUTIONS TO ADOPT RECYCLING PROGRAMS, TO AUTHORIZE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CONDUCT RECYCLING RESEARCH PROJECTS AND PERIODICALLY REVIEW ITS BID PROCEDURES TO ENCOURAGE RECYCLING, TO REQUIRE THE STATE DEPARTMENT OF EDUCATION TO DEVELOP RECYCLING GUIDELINES FOR PUBLIC SCHOOLS, AND TO PROVIDE THAT NET SAVINGS ACCRUING TO STATE AGENCIES AS A RESULT OF RECYCLING MUST BE CREDITED TO THE EDUCATION IMPROVEMENT ACT FUND.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3905 -- Rep. J.W. Johnson: A BILL TO AMEND TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 32 SO AS TO REQUIRE MOTOR VEHICLE DEALERS TO DISCLOSE TO PURCHASERS IN WRITING ANY NEW CAR DAMAGES WHICH EXCEED THREE PERCENT OF THE "MANUFACTURER'S SUGGESTED RETAIL PRICE".
Referred to Committee on Labor, Commerce and Industry.
H. 3906 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-180 SO AS TO PROVIDE REQUIREMENTS FOR PET DEALERS AND PET SHOP OWNERS.
Referred to Committee on Labor, Commerce and Industry.
S. 798 -- Senator Washington: A BILL TO PROVIDE THAT THE COLLETON COUNTY VETERANS AFFAIRS OFFICER MUST BE APPOINTED IN THE MANNER PROVIDED IN SECTION 25-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND TO REPEAL ACT 16 OF 1973 AND ALL OTHER ACTS PROVIDING FOR THE ELECTION OF THE COLLETON COUNTY VETERANS AFFAIRS OFFICER.
Referred to the Colleton Delegation.
S. 832 -- Senator Bryan: A BILL TO AMEND ACT 571 OF 1990, RELATING TO JUVENILE DETENTION SO AS TO CHANGE THE EFFECTIVE DATE FOR CERTAIN SECTIONS FROM JANUARY 1, 1992, TO JANUARY 1, 1993.
Referred to Committee on Judiciary.
S. 834 -- Senator Drummond: A BILL TO AMEND SECTION 50-21-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "MARINE MANUFACTURER", "MARINE DEALER", "CERTIFICATE OF NUMBER", AND "TEMPORARY CERTIFICATE OF NUMBER"; TO AMEND SECTION 50-21-40, RELATING TO THE ADMINISTRATION OF CHAPTER 21 OF TITLE 50 (EQUIPMENT AND OPERATION OF WATERCRAFT), SO AS TO DELETE REFERENCE TO THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, PROVIDE FOR A MINIMUM FINE IN CASES WHERE A PENALTY IS NOT SPECIFIED AND TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 50-21-320, RELATING TO THE PROVISION THAT CERTAIN MARINE VESSELS NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT ONE OF THE CONDITIONS UNDER WHICH A VESSEL NEED NOT BE NUMBERED OCCURS DURING THE USE OF A WATERCRAFT UNDER AUTHORITY OF A VALID TEMPORARY CERTIFICATE OF NUMBER ISSUED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OR ITS AUTHORIZED AGENT; TO AMEND THE 1976 CODE BY ADDING SECTION 50-21-345 SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE TEMPORARY CERTIFICATES OF NUMBER TO PERMIT THE USE OF WATERCRAFT WHILE APPLICATIONS FOR NUMBERS ARE BEING PROCESSED; TO AMEND SECTION 50-21-370, RELATING TO TERM AND RENEWAL OF CERTIFICATES UNDER THE LAW ON EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO ALLOW THE DEPARTMENT TO ISSUE A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES TO A PERMITTED MARINE DEALER OR MARINE MANUFACTURER; TO AMEND SECTION 50-21-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP OF A MOTORBOAT, SO AS TO SUBSTITUTE "WATERCRAFT" FOR "MOTORBOAT" AND ALLOW THE PURCHASER TO OPERATE THE WATERCRAFT FOR UP TO SIXTY DAYS, RATHER THAN THIRTY DAYS, ON A TEMPORARY BASIS; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A MARINE VESSEL, NOTICE, AND TERMINATION OF CERTIFICATE, SO AS TO DELETE CERTAIN PROVISIONS AND REQUIRE THE OWNER TO NOTIFY THE DEPARTMENT IN WRITING WITHIN TEN DAYS IF ANY REGISTERED WATERCRAFT IS ABANDONED, JUNKED, OR DESTROYED OR IS USED IN THE MANUFACTURE OR REMANUFACTURE OF ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW ON THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "DEALER'S PERMIT", INCLUDING THE ADDITION OF PROVISIONS REGARDING A DEALER WHO FAILS TO MEET MINIMUM REQUIREMENTS EACH YEAR; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO DELETE REFERENCE TO "DIVISION" AND REPLACE IT WITH "DEPARTMENT", REQUIRE THAT THE APPLICATION BE MADE WITHIN TWENTY DAYS OF THE DATE OF PURCHASE, MAKE REFERENCE TO MARINE DEALERS, REQUIRE THE DEALER TO MAIL OR DELIVER THE APPLICATION TO THE DEPARTMENT WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF THE SALE, PROVIDE THAT A DEALER, UPON TRANSFERRING A WATERCRAFT OR OUTBOARD MOTOR TO ANOTHER PERSON, OTHER THAN BY CREATION OF A SECURITY INTEREST, WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF SALE SHALL EXECUTE THE ASSIGNMENT AND WARRANTY OF TITLE BY A DEALER, AND PROVIDE THAT DEALERS ARE NOT REQUIRED TO OBTAIN TITLES FOR NEW VESSELS AND OUTBOARD MOTORS HELD IN THEIR INVENTORY FOR SALE UNTIL THEY ARE SOLD OR EXCHANGED, SO LONG AS A PROPER MANUFACTURER'S OR IMPORTER'S CERTIFICATE IS HELD BY THE DEALER; TO AMEND SECTION 50-23-170, AS AMENDED, RELATING TO SERIAL NUMBERS FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROHIBIT BEING IN POSSESSION OF A PARTICULAR WATERCRAFT OR OUTBOARD MOTOR UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO OPERATION OR TRANSFER OF WATERCRAFT OR MOTOR WITHOUT A CERTIFICATE, CERTAIN UNLAWFUL ACTS REGARDING WATERCRAFT AND MOTORS, AND FAILURE TO DELIVER OR SURRENDER A CERTIFICATE, SO AS TO PROHIBIT BEING IN POSSESSION OF CERTAIN WATERCRAFT OR OUTBOARD MOTORS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-205, AS AMENDED, RELATING TO SEIZURE OF CERTAIN WATERCRAFT, NOTICE OF SEIZURE, AND DISPOSAL OF WATERCRAFT, SO AS TO ADD PROVISIONS REGARDING WHAT THE DEPARTMENT SHALL DO WHEN THE DEPARTMENT DETERMINES THE OWNER OF ANY SEIZED WATERCRAFT OR OUTBOARD MOTOR, INCLUDING PROVISIONS FOR FORFEITURE; AND TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES UNDER THE LAW ON TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE SPECIAL PENALTIES FOR ANY DEALER WHO VIOLATES THE PROVISIONS OF CHAPTER 23 OF TITLE 50, AND PROVIDE THAT ANY PERSON WHO UTTERS A FRAUDULENT CHECK TO THE DEPARTMENT FOR FEES, OR IS CONVICTED OF VIOLATING ANY PROVISION OF CHAPTER 23 OF TITLE 50, MAY BE DENIED FUTURE DEALER PERMITS BY THE DEPARTMENT.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 835 -- Senators Martschink and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-17-165 SO AS TO PROVIDE FOR THE TAKING OR POSSESSING OF HORSESHOE CRABS AND PENALTIES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
S. 843 -- Judiciary Committee: A BILL TO AMEND SECTION 14-3-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPELLATE JURISDICTION OF THE SUPREME COURT IN LAW CASES, SO AS TO DELETE THE TIME PERIOD WITHIN WHICH NOTICE OF APPEAL MUST BE GIVEN IN ORDER TO CONFORM THE PROVISIONS OF THIS SECTION TO THE PROVISIONS OF THE SOUTH CAROLINA APPELLATE COURT RULES; TO AMEND SECTION 18-9-10, RELATING TO WHEN AN APPEAL MAY BE TAKEN TO THE SUPREME COURT, SO AS TO PROVIDE THAT THE PROCEDURE FOR TAKING AN APPEAL IS AS PROVIDED BY THE SOUTH CAROLINA APPELLATE COURT RULES; TO REPEAL SECTIONS 14-3-650, RELATING TO THE DOCKETING FEE IN CIVIL CASES, 18-9-250, RELATING TO THE PRINTING OF TESTIMONY, 18-9-300, RELATING TO THE CLERK OF THE SUPREME COURT ATTACHING A COPY OF THE OPINION OF THE COURT TO THE JUDGMENT REMITTED TO THE COURT BELOW, AND SECTION 20-7-2225, RELATING TO NOTICE OF APPEALS FROM THE FAMILY COURT, WHICH SECTIONS ARE REPLACED BY PROVISIONS CONTAINED IN THE SOUTH CAROLINA APPELLATE COURT RULES; AND TO PROVIDE THE SOUTH CAROLINA APPELLATE COURT RULES SHALL CONTROL WHEN IN CONFLICT WITH APPLICABLE PROVISIONS OF STATUTORY LAW EXCEPT THAT THESE RULES MAY NOT EFFECT ANY SUBSTANTIVE RIGHT OF ANY PARTY IN A CIVIL OR CRIMINAL MATTER, AND THAT IF A CIVIL OR CRIMINAL MATTER INVOLVES THE SUBSTANTIVE LEGAL RIGHTS OF ANY PARTY, THEN THE SUBSTANTIVE LEGAL PRINCIPLES, AS PROVIDED FOR IN STATUTES AND CASE LAW, MUST BE APPLIED.
Referred to Committee on Judiciary.
The following was introduced:
H. 3898 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ESTABLISH A SOUTHEASTERN MARKETING REGION COMPRISED OF UP TO FOURTEEN SOUTHEASTERN STATES WHEREBY THE PRICE OF MILK IN THIS MARKETING REGION WILL BE BASED ON THE AVERAGE PRICE IN THE REGION RATHER THAN ON THE WISCONSIN-MINNESOTA BASE PRICE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3899 -- Richland Delegation and Rep. Sheheen: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF RETIRED CIRCUIT JUDGE JOHN GRIMBALL OF RICHLAND 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. 3900 -- Richland Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF LUGENIA K. HAMMOND OF RICHLAND 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. 3901 -- Richland Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF ALFRED T. ("A.T.") BUTLER OF RICHLAND 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. 3902 -- Sumter Delegation: A HOUSE RESOLUTION TO ALLOW THE SUMTER HIGH SCHOOL "GAMECOCKS" FOOTBALL TEAM AND ITS COACH THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON WEDNESDAY, MAY 1, 1991, AT 10:30 A.M., FOR THE PURPOSE OF BEING PRESENTED A CERTIFICATE IN RECOGNITION OF WINNING THE CLASS AAAA, DIVISION 1, STATE FOOTBALL CHAMPIONSHIP FOR 1990.
Be it resolved by the House of Representatives:
That the Sumter High School "Gamecocks" football team and its coach are given the privilege of the floor of the House of Representatives on Wednesday, May 1, 1991, at 10:30 a.m., for the purpose of being presented a certificate in recognition of winning the Class AAAA, Division 1, state football championship for 1990.
The Resolution was adopted.
On motion of Rep. BARBER, with unanimous consent, the following was taken up for immediate consideration:
H. 3903 -- Rep. Barber: A HOUSE RESOLUTION TO REQUEST THAT THE DAILY PRAYERS OF CHAPLAIN CLARK BE COMPILED FOR THE 1991 LEGISLATIVE SESSION AND PRINTED FOR DISTRIBUTION.
Be it resolved by the House of Representatives:
That the daily prayers of Chaplain Clark be compiled for the 1991 legislative session and that one thousand, five hundred copies be printed for distribution.
The Resolution was adopted.
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 Baxley Beasley Beatty Bennett Boan Brown, G. Brown, H. Brown, J. Bruce Burch Carnell Cato Chamblee Clyborne Cole Cooper Corbett Cork Corning Cromer Elliott, D. Elliott, L. Fair Farr Felder Foster Fulmer Gentry Glover Gonzales Gregory Hallman Harris, J. Harris, P. Harrison Harvin Harwell Haskins Hayes Hendricks Hodges Holt Huff Inabinett Jaskwhich Jennings Johnson, J.W. Keegan Keesley Kempe Keyserling Kinon Kirsh Klapman Koon Lanford Littlejohn Manly Martin, D. Martin, L. Martin, M. Mattos McAbee McCain McCraw McElveen McGinnis McKay McLeod McTeer Meacham Neilson Nettles Phillips Quinn Rama Rogers Ross Rudnick Scott Sharpe Sheheen Shirley Short Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Wells Whipper White Wilder Wilkes Wilkins Williams, D. Wofford Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Thursday, April 11.
Thomas N. Rhoad
LEAVES OF ABSENCE
The SPEAKER granted Rep. RHOAD a temporary leave of absence to attend a Forestry Commission meeting.
The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for the day.
The SPEAKER granted Rep. MARCHBANKS a leave of absence for the day.
Rep. KOON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, April 10.
Reps. HUFF & KOON signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 9.
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, March 26.
Announcement was made that Dr. "GB" Hodges of Spartanburg is the Doctor of the Day for the General Assembly.
Reps. J. HARRIS and BURCH presented the McBee High School Girls Volleyball and Basketball Teams and their coaches, recognizing them for winning the 1991 Class A Championships in both divisions.
Rep. WHIPPER presented Mrs. Mary Shy Scott, Mrs. Vertelle Middleton, and their party of the Alpha Kappa Alpha Community Service Sorority, welcoming them to South Carolina.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3268 -- Fairfield County Delegation: A BILL TO REVISE THE MEMBERSHIP OF THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF FAIRFIELD COUNTY AND THE MANNER IN WHICH THESE TRUSTEES ARE SELECTED.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3808 -- Rep. Wilkins: A BILL TO AMEND SECTION 7-7-280, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR PRECINCT 6, GREENVILLE, AND PRECINCT 117, WARE PLACE.
H. 3819 -- Reps. A. Young, Gonzales, Wofford and G. Bailey: A BILL TO CREATE A REGISTRATION AND ELECTIONS COMMISSION FOR DORCHESTER COUNTY, ABOLISH THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD OF DORCHESTER COUNTY AND DEVOLVE THEIR POWERS AND DUTIES UPON THE CREATED COMMISSION, AND CONTINUE TERMS.
H. 3638 -- Reps. Wilkins, Clyborne, Hodges, Keesley, Burch, M. Martin, Cole, Hayes, Nettles, Waldrop, McTeer, Waites, Phillips, Beasley, Wright, Quinn, Townsend, T.C. Alexander, J. Brown and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-3235 SO AS TO PROVIDE THAT JUVENILE CORRECTIONAL OFFICERS AND OTHER DESIGNATED EMPLOYEES OF THE SOUTH CAROLINA DEPARTMENT OF YOUTH SERVICES WHILE PERFORMING THEIR OFFICIALLY ASSIGNED DUTIES RELATING TO CUSTODY, CONTROL, TRANSPORTATION, OR RECAPTURE OF A JUVENILE OFFENDER HAVE THE STATUS OF PEACE OFFICERS FOR THESE LIMITED PURPOSES AND TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF YOUTH SERVICES' DIVISION OF PUBLIC SAFETY SHALL CONTINUE TO BE COMMISSIONED AS STATE CONSTABLES UPON PROPER TRAINING AND CERTIFICATION AND AFTER HAVING TAKEN THE PROPER OATH.
Rep. VAUGHN explained the Bill.
S. 811 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1357, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3529 -- Rep. Keyserling: A BILL TO AMEND SECTION 60-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY, SO AS TO AUTHORIZE EACH EX OFFICIO MEMBER TO APPOINT A PERSON TO REPRESENT THEM.
H. 3601 -- Rep. Cromer: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNSCREEN DEVICES ON MOTOR VEHICLES, SO AS TO PROVIDE THAT NO PERSON MAY OPERATE OR SELL A MOTOR VEHICLE WHICH HAS A SUNSCREEN DEVICE THAT DOES NOT SATISFY THE REQUIREMENTS OF THE SECTION.
Rep. CROMER explained the Bill.
H. 3806 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS, RELATING TO REGISTRATION, EXAMINATION, CERTIFICATE FEES, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1365, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 615 -- Senators Nell W. Smith, Hayes, Courson, Martschink, Bryan, Drummond, Fielding, Giese, Gilbert, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Leventis, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Reese, Rose, Russell, Saleeby, Setzler, Shealy, J. Verne Smith, Stilwell, Thomas, Waddell, Washington, Williams and Wilson: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.
H. 3053 -- Rep. Mattos: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES COLLECTED BY CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO PROVIDE A FEE OF TWENTY-FIVE DOLLARS FOR THE EXPUNGEMENT OF CRIMINAL RECORDS.
Rep. MATTOS explained the Bill.
H. 3351 -- Rep. Cromer: A BILL TO AMEND SECTION 59-111-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION FOR PERSONS AGE SIXTY OR OVER TO ATTEND CLASSES AT STATE-SUPPORTED COLLEGES, UNIVERSITIES, AND TECHNICAL SCHOOLS WITHOUT PAYMENT OF TUITION, SO AS TO DELETE A PROVISION WHICH PREVENTS THE PERSON FROM BEING ENTITLED TO FREE TUITION IF HIS SPOUSE RECEIVES COMPENSATION AS A FULL-TIME EMPLOYEE.
Rep. P. HARRIS explained the Bill.
H. 3382 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA RETIREMENT SYSTEM, AND SECTION 9-11-50, AS AMENDED, RELATING TO THE POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT MEMBERS OF THESE SYSTEMS AT RETIREMENT, AFTER MARCH 31, 1991, SHALL RECEIVE CERTAIN RETIREMENT SERVICE CREDITS FOR NOT MORE THAN NINETY DAYS OF THEIR UNUSED SICK LEAVE.
Rep. KIRSH explained the Bill.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3808 be read the third time tomorrow.
On motion of Rep. G. BAILEY, with unanimous consent, it was ordered that H. 3819 be read the third time tomorrow.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that H. 3638 be read the third time tomorrow.
On motion of Rep. CHAMBLEE, with unanimous consent, it was ordered that S. 811 be read the third time tomorrow.
On motion of Rep. KEYSERLING, with unanimous consent, it was ordered that H. 3529 be read the third time tomorrow.
On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 3601 be read the third time tomorrow.
On motion of Rep. WOFFORD, with unanimous consent, it was ordered that S. 615 be read the third time tomorrow.
On motion of Rep. MATTOS, with unanimous consent, it was ordered that H. 3053 be read the third time tomorrow.
On motion of Rep. CROMER, with unanimous consent, it was ordered that H. 3351 be read the third time tomorrow.
The following Bill was read the third time, passed and, 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.
S. 716 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 41-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING RULES, REGULATIONS, OR ORDERS OF THE COMMISSIONER OF LABOR UNDER THE OCCUPATIONAL HEALTH AND SAFETY LAWS, SO AS TO PROVIDE THAT ANY EMPLOYER WHO WILFULLY OR REPEATEDLY VIOLATES ANY OCCUPATIONAL SAFETY OR HEALTH RULE OR REGULATION PROMULGATED UNDER THESE LAWS MAY BE ASSESSED A CIVIL PENALTY OF NOT MORE THAN SEVENTY THOUSAND, RATHER THAN TEN THOUSAND, DOLLARS FOR EACH VIOLATION, AND TO CHANGE THE MAXIMUM CIVIL PENALTY WHICH MAY BE ASSESSED FOR VIOLATING CERTAIN OTHER RELATED RULES, REGULATIONS, OR ORDERS FROM ONE THOUSAND DOLLARS TO SEVEN THOUSAND DOLLARS.
The following Bill was taken up.
H. 3408 -- Rep. Kirsh: A BILL TO AMEND SECTION 39-55-55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE CEMETERY BOARD, SO AS TO DELETE THE PROVISIONS FOR TWO MEMBERS TO BE APPOINTED FROM NOMINATIONS BY THE CEMETERY ASSOCIATION AND FOR INITIAL TERMS, PROVIDE FOR NOMINATIONS FROM AN INDIVIDUAL, A GROUP, OR AN ASSOCIATION, AND PROVIDE FOR APPOINTMENT AFTER A VACANCY; TO AMEND SECTION 39-55-95, RELATING TO LICENSES FOR THE OPERATION OF A CEMETERY, SO AS TO DECREASE THE REQUIRED EXPERIENCE FOR A GENERAL MANAGER FROM TWO YEARS TO ONE YEAR; TO AMEND SECTION 39-55-115, RELATING TO POWERS AND DUTIES OF THE BOARD, SO AS TO PROVIDE ADDITIONAL DUTIES REGARDING INVESTIGATIONS OF LICENSEES AND REVOCATION AND SUSPENSION OF LICENSES AND PROVIDE FOR APPLICATION OF THE ADMINISTRATIVE PROCEDURES ACT TO RELATED PROCEEDINGS; TO AMEND SECTION 39-55-125, RELATING TO RECORDS AND REGULATIONS OF A CEMETERY, SO AS TO PROHIBIT CERTAIN REGULATIONS, PROVIDE FOR THE ASSESSMENT OF FEES, DEFINE LABOR COSTS, AND PROVIDE FOR THE ESTABLISHMENT, AMENDMENT, AND ABOLISHMENT OF REGULATIONS PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT; TO AMEND SECTION 39-55-185, RELATING TO THE MERCHANDISE TRUST FUND, SO AS TO REQUIRE A FINANCIAL REPORT TO BE SIGNED BY A LICENSED ACCOUNTANT; AND TO REAUTHORIZE THE EXISTENCE OF THE CEMETERY BOARD FOR FIVE YEARS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7375.BD), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 39-55-55 of the 1976 Code is amended to read:
"Section 39-55-55. The board consists of seven nine members, six of whom and eight must be appointed by the Governor. The Secretary of State is a member ex officio and shall serve serves as chairman of the board. Two appointed members must be public members who have no financial interest in and are not involved in the management of any a cemetery or funeral related business, two five members must be owners or managers of cemeteries in this State, and two members must who may be selected from four nominees submitted by the South Carolina Cemetery Association, and one member must be a monument dealer in this State who may be selected from nominees submitted by the Monument Builders of the Carolinas Association. The Governor may reject any or all of the nominees submitted by the Cemetery either association upon satisfactory showing of unfitness of those rejected. If the Governor declines to appoint any of the nominees so submitted, additional nominees must may be submitted in the same manner. Of the six appointed members, two of the initial board must be appointed for a term of two years, two for a term of three years, and two for a term of four years. At the end of their respective terms, successors must be selected in the same manner and Members must be appointed for terms of four years and until their successors are appointed and qualify. Any An appointment to fill a vacancy on the board created by the resignation, dismissal, death, or disability of a member is for the balance of the unexpired term."
SECTION 2. Section 39-55-115 of the 1976 Code is amended to read:
"Section 39-55-115. In addition to other powers and duties conferred by this chapter upon the board, the board it also has the following powers and duties:
(1) Prior to before the change of control of any a cemetery company, to examine the licensee's records, and, if the board considers it advisable, to assess applicable fees provided for in this chapter or by regulation.;
(2) At any time when the board finds it necessary to, bring an action in the name of the State in the circuit court of the county in which the licensed place of business is located against any a person who is the director, the owner, or an officer of a cemetery company to enjoin the person from engaging in or continuing any a violation of this chapter or of any regulation regulations or order orders promulgated pursuant to it. In any an action of this nature an order or judgment may be entered by the court awarding a temporary restraining order, temporary injunction, or permanent injunction, as is considered proper. Before this action may be brought, the board shall give the person at least thirty days' notice in writing, stating the alleged violation and giving the person an opportunity within that period to correct the violation or to request by certified mail a hearing before the board. In addition to all other powers under provisions of law governing the issuance and the enforcement of a temporary restraining order, temporary injunction, or a permanent injunction, the court has the power and jurisdiction to impound and appoint a receiver for the property and business of the person, including books, papers, documents, and records, or so much of these as the court considers reasonably necessary to prevent further violation of this chapter or of any regulation regulations or order orders promulgated pursuant to it through or by means of the use of the property and business. The board may institute proceedings against the cemetery or its officers or owners where, after an examination, pursuant to this chapter, a shortage in the care and maintenance trust fund is discovered so as to recover the shortage. The board in its discretion may enter into a written compliance agreement requiring the cemetery or its officers or owners to fund the discovered shortage within a certain time in the discretion of the board. The time may not exceed two years after the discovery of the shortage."
SECTION 3. Section 39-55-125 of the 1976 Code is amended to read:
"Section 39-55-125. A. (A) A record must be kept of every lot owner and every burial in the cemetery showing the date of purchase, date of burial, name of the person buried and of the lot owner, and space in which the burial was made. All sales Sales, trust funds, accounting records, and other records of the licensee must be available at the licensee's principal place of business and must be readily available at all reasonable times for examination by an authorized representative of the board. In addition, the owner of a perpetual care cemetery shall have the records of the perpetual care cemetery examined annually by a licensed public accountant and shall submit a copy of the report to the board.
B. (B) A record must be kept of each written complaint received, action taken, and disposition of complaint. These records must be available for examination by representatives of the board.
C. (C) (1) (a) The owner of every a cemetery shall adopt, and enforce regulations for the use, care, control, management, restriction, and protection of the cemetery and of all its parts and subdivisions thereof; for regulating, the use of all property within a cemetery; for regulating, the introduction and care of plants or shrubs within the grounds; for regulating, the conduct of persons and preventing prevention of improper assemblages therein;, and for all other purposes considered necessary by the owner of the cemetery for the proper conduct of the business of the cemetery and the protection of the premises and the principles on which the cemetery was organized. The owner may amend or abolish such the regulations.
(b) The regulations must be plainly printed or typewritten plainly, posted conspicuously, and maintained subject to inspection at the usual place for transacting the regular business of the cemetery. However, no cemetery licensed under the provisions of this chapter may adopt any a regulation in conflict with any of the provisions of this chapter or in derogation of the contract rights of lot owners.
(2) The owner of every a cemetery shall have the further right to may establish reasonable regulations regarding the type material, design, composition, finish, and specifications of any and all merchandise to be used or installed in the cemetery. Reasonable Additional reasonable regulations may further be adopted regarding the installing by the cemetery or others of all merchandise to be installed in the cemetery. These regulations must be posted conspicuously and maintained, subject to inspection, at the usual place for transacting the regular business of the cemetery. No cemetery owner may prevent the use of any merchandise purchased by a lot owner, or his representative, agent, or heirs, or assigns from any source, if the merchandise meets all cemetery regulations.
(3) Regulations established by a cemetery pursuant to this subsection must be submitted to the board for its approval.
(4) When a cemetery lot is sold the cemetery shall disclose on the sales contract cemetery services for which there may be a later charge. When a marker or memorial is sold by a cemetery company, the cemetery shall provide on the sales contract an itemized statement of the fees charged for installation, care, and maintenance of it. Fees charged for installation, care, and maintenance of a marker or memorial must be shown on the statement as charges separate from its price, and the statement must disclose the amount of fees to be placed in a care and maintenance trust by the cemetery company."
SECTION 4. The two additional members of the South Carolina Cemetery Board in Section 39-55-55 of the 1976 Code in Section 1 of this act must be appointed when appointments are made for the terms which expire in 1991 and in the same manner, except the initial term of the additional member representing the owners and managers of cemeteries is two years. The initial term of the member representing the monument dealers is four years.
SECTION 5. In accordance with Section 1-20-60 of the 1976 Code, the existence of the South Carolina Cemetery Board is reauthorized for five years.
SECTION 6. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. M.O. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. M.O. ALEXANDER, with unanimous consent, it was ordered that H. 3408 be read the third time tomorrow.
The following Bill was taken up.
H. 3589 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 38-77-175 AND 56-7-12 SO AS TO REQUIRE WRITTEN VERIFICATION OF MOTOR VEHICLE LIABILITY INSURANCE COVERAGE.
Debate was resumed on Amendment No. 8, which was proposed on Wednesday, April 10, by Reps. T.C. ALEXANDER, J. BAILEY, et al.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. BAILEY, with unanimous consent, it was ordered that H. 3589 be read the third time tomorrow.
Rep. WOFFORD moved to adjourn debate upon the following Bill until Tuesday, April 16, which was adopted.
H. 3504 -- Reps. Waites, Rogers, Haskins, Quinn, Wilder, Meacham, Corning, Wright, Rama, Glover, Whipper, Tucker and Vaughn: A BILL TO AMEND ACT 114 OF 1989 AND ARTICLE 21, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFANTS AND TODDLERS WITH HANDICAPPING CONDITIONS, SO AS TO REVISE THE LEGISLATIVE FINDINGS TO CONFORM TO THE AMENDMENTS IN THIS ACT AND TO REVISE THE DEFINITIONAL SECTION, PROVIDE THE PURPOSE OF THE ARTICLE, PROVIDE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE THE COMPREHENSIVE INTERAGENCY SYSTEM TO IMPLEMENT COMPONENTS OF THE SYSTEM, TO PROVIDE CERTAIN REQUIREMENTS FOR THE DELIVERY OF EARLY INTERVENTION SERVICES, TO INCLUDE PROVISIONS AND REQUIREMENTS FOR INDIVIDUALIZED FAMILY SERVICE PLANS, TO CLARIFY CONFIDENTIALITY OF INFORMATION, TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO SUBMIT AN ANNUAL REPORT TO THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND TO PROVIDE FOR CONTENTS OF THE REPORT, TO REQUIRE THE ESTABLISHMENT OF LOCAL INTERAGENCY COORDINATING COUNCILS, AND TO PROVIDE FOR THEIR MEMBERSHIP, FUNCTIONS, AND INTERFACING WITH THE STATE INTERAGENCY COORDINATING COUNCIL.
The following Bill was taken up.
H. 3236 -- Rep. McElveen: A BILL TO AMEND SECTION 37-4-203, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORMS AND SCHEDULES OF CONSUMER CREDIT INSURERS, AND SECTION 34-29-160, AS AMENDED, RELATING TO INSURANCE ON SECURITY AND THE BORROWER UNDER THE CONSUMER FINANCE LAW, SO AS TO REDUCE THE RATE FOR COVERAGE.
Rep. McCAIN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3722 -- Rep. Burriss: A BILL TO AMEND SECTION 37-1-301, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL DEFINITIONS IN REGARD TO THE CONSUMER PROTECTION CODE, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 37-2-202, AS AMENDED, RELATING TO ADDITIONAL CREDITOR CHARGES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-203, RELATING TO DELINQUENCY CHARGES ON CONSUMER CREDIT SALES, SO AS TO REVISE THESE CHARGES; TO AMEND SECTION 37-2-303, RELATING TO NOTICES TO CO-SIGNERS AND SIMILAR PARTIES ON CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-2-305, RELATING TO FILING AND POSTING OF MAXIMUM RATE SCHEDULES IN REGARD TO CONSUMER CREDIT SALES, SO AS TO PROVIDE FOR RATE SCHEDULES IN REGARD TO VARIABLE RATES AND TO PROVIDE THE DATE BY WHICH CERTAIN CREDITOR FILING FEES ARE DUE; TO AMEND SECTION 37-2-306, RELATING TO NOTICE OF ASSUMPTION OF RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR ENGAGED IN MAKING CONSUMER LOANS PURSUANT TO SELLER CREDIT CARDS SHALL MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-104, RELATING TO THE DEFINITION OF A CONSUMER LOAN, SO AS TO REVISE THIS DEFINITION; TO AMEND SECTION 37-3-105, RELATING TO FIRST MORTGAGE REAL ESTATE LOANS, SO AS TO CORRECT AN IMPROPER REFERENCE; TO AMEND SECTION 37-3-202, AS AMENDED, RELATING TO ADDITIONAL LENDER CHARGES, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-203, RELATING TO DELINQUENCY CHARGES ON CERTAIN CONSUMER LOANS, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND SECTION 37-3-303, RELATING TO NOTICE TO CO-SIGNERS AND SIMILAR PARTIES ON CERTAIN CONSUMER LOANS, SO AS TO PROVIDE FOR AN ADDITIONAL NOTICE TO CO-SIGNERS; TO AMEND SECTION 37-3-305, AS AMENDED, RELATING TO THE FILING AND POSTING OF MAXIMUM RATE SCHEDULES BY CREDITORS, SO AS TO FURTHER PROVIDE FOR THIS FILING AND POSTING IN REGARD TO VARIABLE RATES; TO AMEND SECTION 37-3-306, RELATING TO NOTICE OF ASSUMPTION RIGHTS, SO AS TO PROVIDE THAT EVERY CREDITOR MAKING CONSUMER LOANS PURSUANT TO A LENDER CREDIT CARD MUST MAKE AND FILE CERTAIN DISCLOSURES; TO AMEND SECTION 37-3-510, RELATING TO RESTRICTIONS ON AN INTEREST IN LAND AS SECURITY, SO AS TO EXEMPT CERTAIN OPEN-END CREDIT AGREEMENTS FROM THE PROVISIONS OF THIS SECTION; TO AMEND SECTION 37-6-108, RELATING TO ADMINISTRATIVE ENFORCEMENT ORDERS OF THE ADMINISTRATOR OF THE DEPARTMENT OF CONSUMER AFFAIRS, SO AS TO FURTHER PROVIDE FOR THE VIOLATIONS WHICH ARE SUBJECT TO ACTIONS BY THE ADMINISTRATOR AND TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE CERTAIN ADMINISTRATIVE PENALTIES; TO AMEND SECTION 37-6-113, RELATING TO CIVIL ACTIONS BY THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THE CONDITIONS UNDER WHICH A CIVIL PENALTY MAY BE IMPOSED; TO AMEND SECTION 37-6-117, RELATING TO THE ADMINISTRATIVE RESPONSIBILITIES REGARDING CONSUMER PROTECTION OF THE ADMINISTRATOR, SO AS TO FURTHER PROVIDE FOR THESE ADMINISTRATIVE RESPONSIBILITIES; TO AMEND SECTION 37-6-203, RELATING TO FEES TO BE PAID TO THE ADMINISTRATOR, SO AS TO CLARIFY THE FEE DUE BY PERSONS ALSO ENGAGED IN MAKING CONSUMER RENTAL-PURCHASE AGREEMENTS; TO AMEND SECTION 37-10-102, AS AMENDED, RELATING TO ATTORNEY'S FEES AND OTHER CHARGES ON MORTGAGE LOANS FOR PERSONAL PURPOSES, SO AS TO DELETE CERTAIN CREDITOR DISCLOSURE STATEMENT REQUIREMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 37-10-107 SO AS TO PROHIBIT A PERSON FROM MAINTAINING AN ACTION FOR RELIEF REGARDING THE BORROWING OF MONEY UNDER CERTAIN SPECIFIED CONDITIONS; TO AMEND SECTION 39-61-100, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR UNDER THE MOTOR CLUB SERVICES ACT, SO AS TO AUTHORIZE THE ADMINISTRATOR TO IMPOSE PENALTIES; TO AMEND SECTION 40-39-150, RELATING TO THE AUTHORITY OF THE ADMINISTRATOR IN REGARD TO PAWNBROKERS, SO AS TO AUTHORIZE THE ADMINISTRATOR TO ISSUE CEASE AND DESIST ORDERS; TO AMEND SECTION 44-79-80, RELATING TO THE FUNCTIONS AND POWERS OF THE ADMINISTRATOR IN REGARD TO THE PHYSICAL FITNESS SERVICES ACT, SO AS TO FURTHER PROVIDE FOR THESE POWERS AND INCREASE THE FEES FOR CERTIFICATES OF AUTHORITY ISSUED BY THE ADMINISTRATOR; AND TO REPEAL SECTION 37-6-114 RELATING TO THE PROHIBITION AGAINST JURY TRIALS IN ACTIONS BROUGHT BY THE ADMINISTRATOR UNDER THE CONSUMER PROTECTION CODE.
Rep. GENTRY made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 569 -- Senator Drummond: A BILL TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 813 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO RULES REGARDING CHARITABLE AND NONPROFIT EVENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1378, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. KLAPMAN made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3381 -- Reps. Gregory, Nettles, Short, Boan, Wilkins, Kirsh and J. Brown: A BILL TO AMEND SECTION 40-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE FITTING AND SELLING OF HEARING AIDS ACT, SO AS TO REVISE THE DEFINITION FOR AUDIOLOGIST; TO AMEND SECTION 40-25-30, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR REFUNDS AND ESTABLISHMENT OF LICENSING FEES; TO AMEND SECTION 40-25-40, RELATING TO THE COMMISSION OF HEARING AID DEALERS AND FITTERS, SO AS TO PROVIDE FOR MILEAGE AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 40-25-60, RELATING TO LICENSES, SO AS TO DELETE THE FILING REQUIREMENTS FOR CORPORATIONS, PARTNERSHIPS, TRUSTS, AND ASSOCIATIONS; TO AMEND SECTION 40-25-70, RELATING TO DUTIES OF LICENSEES, SO AS TO DELETE THE PROVISIONS PERTAINING TO THE EXAMINATION OF CHILDREN TWELVE YEARS OF AGE, REQUIRE MEDICAL EVALUATIONS, AND PROVIDE FOR WAIVERS; TO AMEND SECTION 40-25-100, RELATING TO THE ISSUANCE OF LICENSES AND, FOR PERSONS LICENSED IN ANOTHER STATE, OF CERTIFICATES OF ENDORSEMENT, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION AND DELETE THE REQUIREMENTS FOR CHARACTER AND HEALTH; TO AMEND SECTION 40-25-110, RELATING TO QUALIFICATIONS OF APPLICANTS FOR EXAMINATIONS, SO AS TO DELETE OBSOLETE LANGUAGE, CHANGE THE AGE REQUIREMENT FROM TWENTY-ONE TO EIGHTEEN YEARS, DELETE THE HEALTH REQUIREMENT, PROVIDE FOR LICENSING OF AUDIOLOGISTS, AND PROVIDE FOR APPEALS; TO AMEND SECTION 40-25-120, RELATING TO TEMPORARY PERMITS, SO AS TO DELETE THE CHARACTER AND HEALTH REQUIREMENTS AND PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-150, RELATING TO RENEWAL AND DISPLAY OF LICENSES AND CONTINUING EDUCATION, SO AS TO PROVIDE FOR FEES TO BE SET BY REGULATION; TO AMEND SECTION 40-25-160, RELATING TO COMPLAINTS AGAINST LICENSEES AND SUSPENSION AND REVOCATION OF LICENSES, SO AS TO INCREASE THE TIME FOR SERVICE OF A COMPLAINT BEFORE A HEARING FROM TWENTY TO THIRTY DAYS AND PROVIDE FOR REFUNDS; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSION FOR HEARING AID DEALERS AND FITTERS FOR SIX YEARS.
Rep. CARNELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3548 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-45 SO AS TO PROVIDE THAT A MANUFACTURER'S TRAINING CERTIFICATE IS NOT REQUIRED BEFORE A FIRE EQUIPMENT PERMIT MAY BE ISSUED BY THE STATE FIRE MARSHAL.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 506 -- Senators Land and Holland: A BILL TO AMEND SECTION 23-23-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATION OF LAW ENFORCEMENT OFFICERS, SO AS TO ALLOW CANDIDATES FOR CERTIFICATION AS CLASS II-SCO UNDER THE DEPARTMENT OF CORRECTIONS MAY HOLD A VALID CURRENT DRIVER'S LICENSE FROM ANY JURISDICTION.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\DKA\3286.AL), which was adopted.
Amend the bill, as and if amended, SECTION 1 of the bill by inserting before /may/ on line 34:
/in any county with a prison system that borders another State/
When amended SECTION 1 reads:
/SECTION 1. Section 23-23-50(B)(5)(b) of the 1976 Code, as last amended by Act 60 of 1989, is further amended to read:
"(b) evidence satisfactory to council that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another State may hold a valid current driver's license issued by any jurisdiction of the United States;"
Amend title to conform.
Rep. VAUGHN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. VAUGHN, with unanimous consent, it was ordered that S. 506 be read the third time tomorrow.
The following Bill was taken up.
H. 3628 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-1710, 56-5-165, 56-5-1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR "MOPED" TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR AND TO PROVIDE PENALTIES; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE THAT THE PROVISIONS OF CHAPTER 5 OF TITLE 56 GOVERN THE OPERATION OF MOPEDS; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. HALLMAN made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3701 -- Reps. R. Young, Fulmer, Rama, Hallman and Gonzales: A BILL TO AMEND SECTION 57-3-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IDENTIFICATION CARDS ISSUED BY THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR NONDRIVERS, SO AS TO WAIVE THE FEE FOR PERSONS WHO ARE MENTALLY ILL OR MENTALLY RETARDED.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. McLEOD moved to adjourn debate upon the following Joint Resolution until Thursday, April 25, which was adopted.
H. 3807 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO THE PRACTICE OF ARCHITECTURE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1369, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
S. 388 -- Senators Moore, Bryan, Hinds, Courson, Washington, Wilson and Giese: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND SECTION 16-11-700, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS; AND TO AMEND SECTION 56-1-720 SO AS TO ASSIGN POINTS FOR THE DUMPING OF LITTER ON PUBLIC OR PRIVATE PROPERTY OR WATERS; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; AND TO AMEND CHAPTER 7 OF TITLE 12 BY ADDING AN APPROPRIATELY NUMBERED SECTION SO AS TO PROVIDE FOR A CHECKOFF ON STATE TAX RETURNS FOR CONTRIBUTIONS MADE TO THE SOLID WASTE MANAGEMENT TRUST FUND.
Rep. McCAIN made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 793 -- Senators Washington and Waddell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 IN CHAPTER 13, TITLE 51, RELATING TO REGIONAL DISTRICTS, COMMISSIONS, AND AUTHORITIES FOR PURPOSES OF PARKS, RECREATION, AND TOURISM, SO AS TO ESTABLISH THE LOWCOUNTRY AND RESORT ISLANDS TOURISM COMMISSION AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
H. 3167 -- Rep. Kirsh: A BILL TO AMEND SECTIONS 12-21-3400, 12-21-3420, 12-21-3440, 12-21-3450, 12-21-3460, AND 12-21-3530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGULATION OF BINGO, SO AS TO PROVIDE A METHOD FOR A NONPROFIT BINGO LICENSE TO BE TRANSFERRED TO ANOTHER LOCATION, REVISE AMOUNTS WHICH MUST BE RETURNED AS PRIZES, REVISE CLASS E LICENSE REQUIREMENTS, PROVIDE FOR THE SPECIAL TICKET FOR ENTRY INTO CLASS AA AND B LICENSE BINGO GAMES, AND TO REVISE BOND REQUIREMENTS.
The Committee on Ways and Means proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\9293.HC), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Subsections (A) and (B) of Section 12-21-3400 of the 1976 Code, as added by Act 188 of 1989, are amended to read:
"(A) The promoter's license authorized by this article must not be transferred to any other person, organization, entity, or corporation. The promoter's license, upon written application to the commission, may be transferred to a new location for the remainder of the license period if the nonprofit organization licensee has applied for a location transfer as provided in subsection (B) of this section. The written application must be on a form prescribed by the commission and must state, under penalties of perjury, that the information on the transfer application and the original license application is true and correct, or, in the case of the original application, is still valid and unchanged. No additional license fee as set forth in Section 12-21-3350(D) is required with respect to the transfer of the location and the promoter may not conduct bingo at the new location until the new license is issued.
(B) The bingo license authorized by this article must not be transferred to any other nonprofit organization and is valid and continues in force so long as the nonprofit organization to whom it is issued continues to conduct the bingo games at the same location in accordance with the provisions of this article. The nonprofit organization's license authorized by this article must not be transferred to any other nonprofit organization and is valid and continues in force so long as the nonprofit organization to which it is issued continues to conduct the bingo games at the location authorized by the license.
The nonprofit organization's license, upon written application to the commission, may be transferred to a new location for the remainder of the license period. The written application must be on a form prescribed by the commission and must state, under penalties of perjury, that the information on the transfer application and the original license application is true and correct or, in the case of the original application, is still valid and unchanged. No additional license fees as set forth in Section 12-21-3440(A) are required with respect to the transfer of the bingo location, and the nonprofit organization cannot operate at the new location until the new license is issued."
Amend further, by striking item (12) of Section 12-21-3420 as contained in Section 2, page 2, and inserting:
/"(12) A minimum of sixty percent of the gross proceeds taken in by the house during a calendar quarter, but no less than fifty percent taken in during a single session must be returned to the players in the form of prizes. However, with respect to Class D licenses, this requirement must be met during the course of the fair. For purposes of this item, 'gross proceeds' do not include bingo taxes imposed pursuant to Section 12-21-3440(B)."/
Amend further, by striking item (5) of Section 12-21-3440(A) as contained in Section 3, page 2, and inserting:
/"(5) CLASS E: An organization which has a game of bingo and operates exclusively by bona fide members who are residents of this State and who do so on a strictly volunteer basis and whose gross bingo proceeds do not exceed six ten thousand dollars a month, and where prizes do not exceed four thousand dollars a session shall obtain an annual Class E license from the commission at a cost of five hundred dollars a year. If the gross bingo proceeds for any month exceed six ten thousand dollars, the person or organization within ten days is required to obtain a Class B license from the commission and comply with all requirements of a Class B license. The holder of a Class E license may not conduct more than one bingo session a week."/
Renumber sections to conform.
Amend totals and title to conform.
Rep KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3167 be read the third time tomorrow.
The following Bill was taken up.
H. 3273 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Rep. HODGES made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3627 -- Reps. McAbee, Altman, Chamblee, D. Elliott, Felder, Gonzales, Harwell, Holt, Jaskwhich, Keegan, Phillips, Rama, Sharpe, Snow and White: A BILL TO AMEND SECTION 12-21-2420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMISSIONS TAX, SO AS TO PROVIDE FOR THE TAX FOR CERTAIN TOURISM OR RECREATION FACILITIES AND DELETE OBSOLETE LANGUAGE.
Rep. HODGES made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3276 -- Reps. Kirsh, McTeer and D. Elliott: A BILL TO AMEND SECTION 12-21-2726, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROOF OF LICENSING OF COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT PROOF OF LICENSING IS THE CONSPICUOUS DISPLAY OF THE LICENSE AT THE MACHINE LOCATION; TO AMEND SECTION 12-21-2738, RELATING TO PENALTIES FOR VIOLATIONS OF LICENSING LAWS FOR COIN-OPERATED MACHINES AND DEVICES, SO AS TO PROVIDE THAT FAILURE TO HAVE THE APPROPRIATE LICENSES ON DISPLAY CONSTITUTES A VIOLATION AND THAT EACH MACHINE IN EXCESS OF THE APPROPRIATE LICENSE DISPLAYED IS A SEPARATE VIOLATION; AND TO REPEAL SECTION 12-21-2732, RELATING TO THE ATTACHMENT OF LICENSES TO MACHINES.
Rep. HODGES made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3096 -- Reps. Keyserling, Baxley, Boan, Corning, D. Elliott, Haskins, Jaskwhich, Keegan, Kempe, Mattos, McElveen, McTeer, Meacham, Rama, J. Rogers, T. Rogers, Rudnick, Sheheen, Waites, Wilder, Cork, Manly, Cromer, Whipper and J.W. Johnson: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 95 SO AS TO ESTABLISH THE POLICY OF THIS STATE REGARDING SOLID WASTE AND TO PROVIDE FOR THE MANAGEMENT OF SOLID WASTE; TO AMEND CHAPTER 7 OF TITLE 12 RELATING TO THE TAX LAWS BY ADDING SECTION 12-7-1255 TO PROVIDE A TAX CREDIT FOR QUALIFIED RECYCLING EQUIPMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-2417 SO AS TO PROVIDE FOR A DEDUCTION FROM STATE INCOME TAX REFUNDS OR A CONTRIBUTION TO BE ADDED TO STATE INCOME TAX PAYMENTS FOR THE SUPPORT OF THE SOLID WASTE MANAGEMENT TRUST FUND; AND TO AMEND SECTION 16-11-700, AS AMENDED, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS OF THE LITTER LAWS.
Rep. BAXLEY raised the Point of Order that Rule 5.10 would not apply to H. 3096 at this point as it had already been printed and put on the desk one time and was now back before the House again. He further stated that the amendment out of committee was a deletion and not an addition.
The SPEAKER stated that is was reported back out favorable with amendments and he overruled the Point of Order.
Rep. TOWNSEND made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 349 -- Senator J. Verne Smith: A BILL TO AMEND SECTION 9-1-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREDITABLE SERVICE FOR PURPOSES OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT EMPLOYMENT BY A REDEVELOPMENT COMMISSION CREATED BY A MUNICIPAL GOVERNING BODY IS CONSIDERED CREDITABLE SERVICE UPON PAYMENT OF THE AMOUNT REQUIRED BY LAW FOR ESTABLISHING CREDITABLE SERVICE.
Rep. BOAN made the Point of Order that the Bill was improperly before the house for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 393 -- Senators Martschink, Shealy and Passailaigue: A JOINT RESOLUTION TO PROVIDE THAT FOR TAXPAYERS, PERSONAL REPRESENTATIVES, AND TRUSTEES WHO ARE IN THE REGULAR MILITARY, RESERVES, OR NATIONAL GUARD AND STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD, THE SOUTH CAROLINA TAX COMMISSION SHALL CONFORM TO THE ACTIONS OF THE INTERNAL REVENUE SERVICE AND TO AMENDMENTS TO THE INTERNAL REVENUE CODE OF 1986 WITH RESPECT TO TIME FOR FILING INDIVIDUAL AND FIDUCIARY INCOME TAX RETURNS AND PAYING INDIVIDUAL INCOME AND FIDUCIARY INCOME TAXES, TO EXTEND THIS CONFORMITY TO CORPORATE INCOME AND LICENSE TAX RETURNS AND CORPORATE INCOME AND LICENSE TAXES WHERE ALL CORPORATE OFFICERS ARE STATIONED OVERSEAS AS A RESULT OF OPERATION DESERT SHIELD AND TO EXTEND THE TIME FOR PAYING PROPERTY TAXES AND FILING PROPERTY TAX RETURNS FOR THOSE INDIVIDUALS.
Rep. CROMER made the Point of Order that the Joint Resolution was improperly before the house for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. HOLT withdrew his objection to the following Bill.
H. 3711 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 20 TO TITLE 50 SO AS TO PROVIDE FOR THE RECREATIONAL FISHERIES CONSERVATION AND MANAGEMENT ACT OF 1991.
On motion of Rep. STODDARD, with unanimous consent, the following Bills were introduced, read the first time and referred to appropriate committees:
H. 3907 -- Reps. Mattos, P. Harris, Manly and Townsend: A BILL TO REVISE THE CHARGES FOR ENVIRONMENTAL PERMITS, LICENSES, AND CERTIFICATES REQUIRED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL UNDER THE POLLUTION CONTROL ACT, THE SAFE DRINKING WATER ACT, THE HAZARDOUS WASTE MANAGEMENT ACT, THE OIL AND GAS ACT, AND DEPARTMENT REGULATIONS.
Referred to Committee on Ways and Means.
H. 3908 -- Rep. Burriss: A BILL TO AMEND SECTION 61-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF BEER AND WINE, SO AS TO PROVIDE THAT BEER AND WINE MAY BE SOLD ON SUNDAYS AT PUBLICLY OWNED AND OPERATED GOLF COURSES UPON THE CONSENT OF THE GOVERNING BODIES OF THESE GOLF COURSES, BUT ONLY IN COUNTIES AND MUNICIPALITIES WHERE SUNDAY SALES ARE PERMITTED.
Referred to Committee on Labor, Commerce and Industry.
H. 3909 -- Rep. D. Elliott: A BILL TO ENACT THE "SOUTH CAROLINA GARNISHMENT PROCEDURE ACT"; TO PROVIDE SUBJECT MATTER EXEMPTIONS FROM THE APPLICATION OF THIS ACT; AND TO EXEMPT A FIRST JUDGMENT FROM THE PROVISIONS OF THIS ACT, PROVIDE THAT THE ACT APPLIES ONLY TO CERTAIN SECOND OR SUBSEQUENT JUDGMENTS, AND PROVIDE THAT THE ACT IS OPTIONAL WITH A QUALIFYING JUDGMENT CREDITOR AND IS NOT AN EXCLUSIVE REMEDY.
Referred to Committee on Judiciary.
H. 3910 -- Rep. Koon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-21-610 SO AS TO PROVIDE THAT A PERSON WITH PHYSICAL HANDICAPS WHO ATTENDS PUBLIC SCHOOL MAY TAKE ANY REQUIRED TESTS OR EXAMINATIONS ORALLY.
Referred to Committee on Education and Public Works.
H. 3911 -- Rep. Stoddard: A BILL TO AMEND SECTION 40-39-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING OF PAWNBROKERS, SO AS TO REQUIRE A PAWNBROKER TO BE A CITIZEN OF THE UNITED STATES FOR AT LEAST THREE YEARS PRIOR TO HIS LICENSURE AND ALSO A RESIDENT OF THIS STATE FOR THREE YEARS IMMEDIATELY PRIOR TO HIS LICENSURE, AND TO AMEND THE CODE BY ADDING SECTION 40-39-75 SO AS TO PROVIDE FOR CERTAIN NOTIFICATION TO OWNERS OF PAWNED OR PLEDGED GOODS IF THESE GOODS ARE SEIZED BY LAW ENFORCEMENT OFFICERS DUE TO A VIOLATION OF LAW BY THE PAWNBROKER.
Referred to Committee on Labor, Commerce and Industry.
H. 3912 -- Rep. Stoddard: A BILL TO AMEND SECTION 23-31-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A RETAIL DEALER'S LICENSE TO SELL PISTOLS, SO AS TO PROVIDE THAT IN ORDER FOR A PERSON TO BE ISSUED SUCH A LICENSE, HE MUST HAVE BEEN A CITIZEN OF THE UNITED STATES FOR AT LEAST THREE YEARS AND A RESIDENT OF THIS STATE FOR A PERIOD OF THREE YEARS IMMEDIATELY PRIOR TO HIS LICENSURE.
Referred to Committee on Labor, Commerce and Industry.
H. 3913 -- Rep. Fair: A BILL TO AMEND ARTICLE I, CHAPTER 65, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATTENDANCE OF PUPILS, SO AS TO REVISE CERTAIN ATTENDANCE REQUIREMENTS.
Referred to Committee on Education and Public Works.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3651 -- Ways and Means Committee: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND TO AMEND THE AGGREGATE PRINCIPAL INDEBTEDNESS AMOUNT TO CONFORM TO THE PROVISIONS OF THIS ACT; TO IMPOSE AN ADDITIONAL TAX ON THE GROSS PREMIUM RECEIPTS LESS PREMIUMS RETURNED ON CANCELED INSURANCE POLICY CONTRACTS AND LESS DIVIDENDS AND RETURNS OF UNABSORBED PREMIUM DEPOSITS OF ALL FIRE INSURANCE POLICY CONTRACTS AND USE THE PROCEEDS FROM THE TAX TO PAY DEBT SERVICE ASSOCIATED WITH DEPARTMENTAL CAPITAL IMPROVEMENT BONDS AUTHORIZED FOR THE FIRE ACADEMY PURSUANT TO THE PROVISIONS OF THIS ACT; PROVIDE THAT THE GENERAL ASSEMBLY MAY NOT EXCEED TWO HUNDRED SEVENTY-FIVE MILLION DOLLARS FOR GENERAL OBLIGATION BOND AUTHORIZATIONS IN THIS ACT; AND TO AMEND SECTION 11-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON EXPENDING FUNDS FOR CAPITAL IMPROVEMENT PROJECTS NOT LOCATED ON STATE-OWNED PROPERTY, SO AS TO PROHIBIT THE AUTHORIZATION OF GENERAL OBLIGATION BONDS ON STATE-OWNED OR LEASED PROPERTY AND DELETE THE AUTHORIZATION THAT FUNDS MAY BE EXPENDED IF THE PROJECTS ARE OWNED OR OPERATED BY A GOVERNMENTAL ENTITY, REQUIRE THAT STATE-LEASED PROPERTY MUST HAVE A LEASE PERIOD EQUAL TO THE LIFE OF THE PROJECT IN ORDER TO QUALIFY FOR THE AUTHORIZATION OF GENERAL OBLIGATION BONDS, AND TO PROVIDE EXCEPTIONS.
I voted "nay" on a voice vote approving the 1991 Bond Bill. On two occasions, I have moved to divide the question and failed. I so moved in order that we, as a body, decide which bond issues are crucial and which are not. I could not vote in favor of obligating our State for an additional 275 million dollars in such a critical financial time.
Rep. J.L. MANN CROMER
I voted against the 1991 Bond Bill because I do not think it is responsible to obligate the State to an additional $275,000,000 debt at this time of financial uncertainty.
Rep. CANDY WAITES
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3338 -- Rep. L. Martin: A BILL TO AMEND SECTIONS 38-73-455 AND 38-73-760, AS AMENDED CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES AND THE UNIFORM STATISTICAL PLAN WHICH IS ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER, SO AS TO PROVIDE THAT THE INSURANCE PREMIUMS OF OPERATORS OF COMMERCIAL VEHICLES MUST BE COMPUTED AS RATES FOR INSURANCE POLICIES OF INDIVIDUAL PRIVATE PASSENGER VEHICLES.
The following Concurrent Resolution was taken up.
S. 806 -- Senator McGill: A CONCURRENT RESOLUTION DECLARING APRIL 28, 1991, AS "WORKERS' MEMORIAL DAY" IN TRIBUTE TO THE WORKING MEN AND WOMEN WHO HAVE LOST THEIR LIVES BECAUSE OF WORKPLACE INJURIES AND ILLNESSES.
Whereas, the working men and women of South Carolina have helped to build this great State and to keep the State's economy strong; and
Whereas, many workers die each year while performing their jobs with dedication and are paid scant attention for this supreme sacrifice; others die as the result of occupational diseases contracted or aggravated on the job; and thousands more are disabled or injured on the job; and
Whereas, in fiscal year 1990, forty-five workers died in South Carolina, while working, from causes as varied as electrocution, falls, and being struck by objects; and
Whereas, when these wonderful people died, they left behind families that had depended on them and had loved them deeply; and
Whereas, while the need for strong safety and health protection measures, strong standards of enforcement, and fair and just compensation for such deaths and injuries continues, these fallen workers and many others before them, as well as their loved ones and dependents, must not be forgotten; and
Whereas, it is truly fitting and proper to set aside a day to honor the working men and women who have died on the job, to commemorate and pay tribute to these unsung heroes and heroines who have paid the greatest price of all. 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 April 28, 1991, as "Workers' Memorial Day" in tribute to the working men and women who have lost their lives because of workplace injuries and illnesses.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. TOWNSEND moved that the House do now adjourn, which was adopted.
At 11:40 A.M. the House in accordance with the motion of Rep. HARRISON adjourned in memory of the Honorable John Grimball, to meet at 10:00 A.M. tomorrow.
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