Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
We know full well, Lord, that we are inadequate for each day, or ready for every responsibility, or equal to the demands laid upon us. We come, therefore, asking Your strength which alone can change our attitude from fear to faith, from caution to courage, from darkness to light. In that knowledge make us to see clearly, to choose wisely and to act discretely that we might reflect Your plans and purposes in our every thought, word and deed.
Give us the confidence spoken in Your Holy Word: "The Lord your God is with you withersoever you go." (Joshua 1:9b) Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
Rep. J. WILDER moved that when the House adjourns it adjourn in memory of Bruce Morris of Barnwell, which was agreed to.
The following was received.
In accordance with the action taken by the General Assembly on April 9, 1963, and Act No. 764, 1964, authorizing the sale of the South Carolina Legislative Manual, I wish to report the following:
Cash on Hand $ 10.00
Total number of Manuals sold from
January 16, 1992 to April 19, 1993
2,721 @ $5.00 each 13,605.00
250 copies Excerpts From the Manual
(Red Book) sold January 28, 1993
@ 2.16 each 540.00
2,000 copies State Symbols and
Emblems sold February 3, 1993
@ $.23 each 460.00
Total $14,615.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's
General Fund 14,605.00
$14,615.00
An itemized list of the purchasers of the Manual is available in the Clerk's Office.
Sandra K. McKinney
Clerk of the House
April 20, 1993
Received as information.
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
January 26, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
On behalf of the Plant Managers' Division of the South Carolina Textile Manufacturers Association, we would like to extend an invitation to the full membership and staff of the House of Representatives to a reception on Wednesday, May 5, 1993. The reception will be held at The Town House, 1615 Gervais Street, from 6-8 P.M.
This occasion will give members of the textile industry, the State's largest manufacturing employer, an excellent opportunity to visit with members of the General Assembly. We look forward to hearing from you and to your accepting this invitation. Please let Jerry Beasley or Deborah McElveen at the SCTMA office know of your response.
Sincerely,
Wylie L. Hamrick
President, SCTMA
March 5, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
On Tuesday, May 11, Clemson University Trustee Harold D. Kingsmore, MUSC Trustee E. Conyers O'Bryan, and myself would like to host members of the House of Representatives to a reception. The reception will be held at the Capital City Club, 25th floor of the AT&T Building, corners of Main and Gervais Streets, from 6-8 P.M.
This occasion will give members of the House an opportunity to visit with us and discuss issues concerning three major universities in South Carolina. We look forward to hearing from you and to your accepting this invitation. Should you have any questions or if I can be of further assistance, please do not hesitate to call.
Sincerly,
C. Edward Floyd
Chairman, USC Board of Trustees
April 14, 1993
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
RE: South Carolina Primary Care Association
Dear Rep. Williams:
Per our telephone conversation of this morning, this is to advise that the Legislative Reception will be held on Wednesday, May 12, 1993 at the Capital City Club from 6:00 P.M. - 7:30 P.M.
A preliminary letter has been mailed out to each Representative and Senator advising of the Reception (a copy is enclosed). The actual invitations will be mailed out on April 26th (copy enclosed).
Should you have any questions, please do not hesitate to call me at 738-9881.
Sincerely,
Pattimarie Brazell
Executive Secretary
The following was received.
Document No. 1581
Promulgated By Land Resources Conservation Commission
Amendments to Dams and Reservoirs Safety Act
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 12, 1993
Withdrawn and Resubmitted April 19, 1993
The following were received and referred to the appropriate committee for consideration.
Document No. 1640
Promulgated By Department of Insurance
Life and Health Reinsurance Agreements
Received By Speaker April 19, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 26, 1994
Document No. 1641
Promulgated By Department of Insurance
Credit for Reinsurance
Received By Speaker April 19, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 26, 1994
Document No. 1639
Promulgated By Department of Insurance
The Insurance Holding Company System
Received By Speaker April 19, 1993
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 26, 1994
Rep. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3145 -- Reps. Meacham, Simrill, A. Young, R. Smith, Wofford, Moody-Lawrence, Felder, Stille, Vaughn, Haskins, Harrison, H. Brown and Witherspoon: A BILL TO ENACT THE TEXTBOOK REFORM ACT OF 1993; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-5-66 SO AS TO REQUIRE THE TEXTBOOK SELECTION COMMITTEE TO BE COMPOSED OF A MAJORITY OF LAY PERSONS WITH EXPERTISE IN THE AREA CONSIDERED; SECTION 59-31-35 SO AS TO EXPAND TEXTBOOK SELECTION CRITERIA; SECTION 59-31-45 SO AS TO PROVIDE FOR PUBLIC REVIEW AND COMMENTS FOR PROPOSED TEXTBOOKS AND INSTRUCTIONAL MATERIALS; AND SECTION 59-31-555 SO AS TO REQUIRE PUBLISHERS TO PROVIDE A CERTIFICATE OF ACCURACY FOR MATERIALS.
Ordered for consideration tomorrow.
Rep. WELLS, from the Spartanburg Delegation, submitted a favorable report, on:
H. 3990 -- Reps. Wells, Littlejohn, Allison and Walker: A BILL TO AMEND ACT 906 OF 1962, RELATING TO THE CREATION OF THE SPARTANBURG COUNTY COMMISSION FOR TECHNICAL EDUCATION, SO AS TO MODIFY THE MEMBERSHIP AND PROVIDE FOR THE HIRING OF ADDITIONAL PERSONNEL.
Ordered for consideration tomorrow.
On motion of Rep. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 4131 -- Reps. Rogers, J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION CONGRATULATING THE LADY SHAMROCKS OF EAU CLAIRE HIGH SCHOOL OF COLUMBIA ON WINNING THE 1993 CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP, AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 27, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the Lady Shamrocks of Eau Claire High School won the 1993 Class AAA girls basketball state championship and finished the 1992-93 season with an outstanding 22-3 record; and
Whereas, the Eau Claire High girls team for 1992-93 included Anita Jenkins, Natasha Johnson, Tonya Cumbo, Denise Victrum, Delilah Counts, Lashae Taylor, Pamela Shell, Notai Mack, Maronda Kershaw, Shamela Jennings, Shametra Hall, Sonya Taylor, Erica Henry, Paula Davis, Karena Jones, and Tammy Rivers; and
Whereas, the team members' dedication, talent, hard work, and unity and the excellent coaching of Head Coach James Casey clearly paid off for the Lady Shamrocks. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates the Lady Shamrocks of Eau Claire High School of Columbia on winning the 1993 Class AAA girls basketball state championship.
Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives on Tuesday, April 27, 1993, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be forwarded to the Lady Shamrocks basketball team of Eau Claire High School, in care of Head Coach James Casey.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. ROGERS, with unanimous consent, the following was taken up for immediate consideration:
H. 4132 -- Reps. Rogers, J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF COLUMBIA ON WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1993 AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 27, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
Whereas, the Eau Claire Shamrocks boys basketball team of Columbia recently captured the Class AAA 1993 state championship, finishing the season with an excellent 23-6 record; and
Whereas, led by Head Coach George Glymph, the Eau Claire High School boys basketball team for 1992-93 consisted of Jermaine O'Neil, Brian Bethel, Roscoe Patterson, Eric Smith, Ron Davis, Ako Taylor, Leonard Johnson, Kenny Ashley, Frankie Miller, Marquis Agnew, Melvin Brown, Travis Salley, Kobie Quinn, Jason Ricks, and Thaddeous Delaney; and
Whereas, Eau Claire High has a rich basketball history, and the 1992-93 boys team truly kept the victory banner flying high. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, congratulates the Eau Claire Shamrocks boys basketball team of Columbia on winning the Class AAA state championship for 1993. Be it further resolved that the team, coaches, and school officials be granted the privilege of the floor of the House of Representatives, on Tuesday, April 27, 1993, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated.
Be it further resolved that a copy of this resolution be forwarded to the boys basketball team of Eau Claire High School, in care of Head Coach George Glymph.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 26 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-240, SO AS TO REQUIRE INDIVIDUAL AND GROUP INSURANCE POLICIES DELIVERED, ISSUED, RENEWED, EXTENDED, OR MODIFIED BY INSURERS PROVIDING MEDICAL OR DENTAL COVERAGE OR BOTH TO PROVIDE COVERAGE FOR THE NECESSARY CARE AND TREATMENT OF MEDICALLY DIAGNOSED CONGENITAL OROFACIAL ANOMALIES, AND TO REQUIRE THAT SUCH COVERAGE BE IMMEDIATE AND FULL WITHOUT REGARD TO ANY PROVISION IN THE POLICY REDUCING OR EXCLUDING BENEFITS FOR CONDITIONS WHICH PREEXISTED THE EFFECTIVE DATE OF THE POLICY.
Referred to Committee on Labor, Commerce and Industry.
S. 545 -- Senator Saleeby: A BILL TO AMEND SECTION 38-63-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INDIVIDUAL LIFE INSURANCE AND THE PROVISIONS THAT A LIFE INSURANCE POLICY FOR THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS IS NOT SUBJECT TO CLAIMS OF THE INSURED'S CREDITORS, SO AS TO DELETE THE PROVISIONS OF THE SECTION AND TO PROVIDE, AMONG OTHER THINGS, THAT PROCEEDS AND CASH SURRENDER VALUES OF LIFE INSURANCE PAYABLE TO A BENEFICIARY OTHER THAN THE INSURED'S ESTATE IN WHICH SUCH PROCEEDS AND CASH SURRENDER VALUES ARE EXPRESSED TO BE FOR THE PRIMARY BENEFIT OF THE INSURED'S SPOUSE, CHILDREN, OR DEPENDENTS ARE EXEMPT FROM CREDITORS WHETHER OR NOT THE RIGHT TO CHANGE THE BENEFICIARY IS RESERVED AND WHETHER OR NOT THE POLICY IS PAYABLE TO THE INSURED IF THE BENEFICIARY DIES FIRST EXCEPT UNDER CERTAIN CONDITIONS, AND THAT BENEFITS OF ACCIDENT AND DISABILITY CONTRACTS ARE EXEMPT FROM CLAIMS OF THE CREDITORS OF THE INSURED.
Referred to Committee on Labor, Commerce and Industry.
S. 694 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-7-990 SO AS TO PROVIDE THAT THE COMMISSION ON PROSECUTION COORDINATION MAY PROMULGATE THOSE REGULATIONS NECESSARY TO ASSIST IT IN THE PERFORMANCE OF ITS REQUIRED DUTIES AND TO AMEND SECTION 8-11-260, RELATING TO STATE EMPLOYEES WHO ARE EXEMPT FROM THE STATE CLASSIFICATION AND COMPENSATION PLAN, SO AS TO ALSO EXEMPT THE EMPLOYEES OF THE COMMISSION ON PROSECUTION COORDINATION.
On motion of Rep. FELDER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Askins Baxley Boan Breeland Brown, H. Chamblee Cobb-Hunter Davenport Delleney Fair Farr Felder Fulmer Gamble Hallman Harris, J. Harris, P. Harrison Hines Hodges Holt Hutson Inabinett Jaskwhich Jennings Keegan Kelley Keyserling Kinon Kirsh Klauber Koon Law Littlejohn Marchbanks Mattos McAbee McCraw McKay McMahand McTeer Meacham Neal Neilson Phillips Quinn Rhoad Riser Robinson Scott Sheheen Simrill Smith, D. Smith, R. Snow Spearman Stille Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells White Wilder, D. Wilder, J. Williams Witherspoon Wofford Worley Wright Young, R.
I came in after the roll call and was present for the Session on Tuesday, April 20.
Robert A. Barber, Jr. Alma W. Byrd Harry F. Cato James L.M. Cromer, Jr. James J. Bailey David H. Wilkins Lucille S. Whipper Steve P. Lanford Timothy C. Wilkes Robert W. Harrell, Jr. Charles R. Sharpe Joe E. Brown H. Howell Clyborne, Jr. Marion P. Carnell Terry E. Haskins Lindsey O. Graham Daniel T. Cooper C. Lenoir Sturkie Irene K. Rudnick Jerry N. Govan, Jr. Timothy F. Rogers Donald W. Beatty Larry L. Elliott Eugene C. Stoddard C. Alex Harvin, III Grady A. Brown B. Hicks Harwell George H. Bailey Stephen E. Gonzales June S. Shissias Joseph T. McElveen, Jr. Roland S. Corning Thomas E. Huff Ralph W. Canty James P. Harrelson Bessie Moody-Lawrence Dell Baker
LEAVES OF ABSENCE
The SPEAKER granted Rep. A. YOUNG a leave of absence due to the serious illness of her husband.
The SPEAKER granted Rep. KENNEDY a leave of absence for the day.
The SPEAKER granted Rep. MOODY-LAWRENCE a temporary leave of absence.
Rep. HARRISON signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, April 15.
Rep. ROGERS, and the Richland County Delegation, presented the Decathletes of Dreher High School and their coach, Ms. Susan Dillon, and congratulated them on winning the S.C. Academic Decathlon at Coker College.
The following was received.
Columbia, S.C., April 20, 1993
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:30 P.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. CROMER the invitation was accepted.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3374 -- Reps. Harrison, Fulmer, Kelley and Phillips: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-1535 SO AS TO PROHIBIT SPEEDING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY; AND BY ADDING SECTION 56-5-1895 SO AS TO PROHIBIT PASSING IN A HIGHWAY WORK ZONE, TO DEFINE HIGHWAY WORK ZONE, AND PROVIDE A PENALTY.
H. 3869 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO DISHONEST OR UNETHICAL PRACTICES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1509, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3870 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO CUSTODY OF CLIENT'S FUNDS OR SECURITIES BY INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1510, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3871 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE, SECURITIES DIVISION, RELATING TO FINANCIAL REPORTING REQUIREMENTS FOR CERTAIN INVESTMENT ADVISERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1512, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3141 -- Reps. McLeod, G. Brown, Farr, H. Brown, Holt, Houck, McCraw, Hines, Walker, Neal, M.O. Alexander, McMahand, Breeland, Shissias, J. Harris, Phillips, Byrd and R. Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-25-15 SO AS TO PROVIDE THAT THE PROHIBITION ON CERTAIN SIGNS IN THE HIGHWAY RIGHT-OF-WAY DOES NOT EXTEND TO A WELCOME SIGN ERECTED BY THE GOVERNING BODY OF A MUNICIPALITY OR COUNTY IF THE SIGN PRESENTS NO TRAFFIC HAZARD.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 114 -- Senators Giese, Passailaigue, Leventis, Gregory, Lander, Martin, Moore, Richter, Rose, Waldrep, Glover, Reese, Rankin and Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-737 SO AS TO PROVIDE THAT AUTOMOBILE LIABILITY AND COLLISION INSURANCE RATES ARE SUBJECT TO A CREDIT IF AN INSURED HAS PASSED AN APPROVED DRIVER TRAINING COURSE.
The following Bill and Joint Resolution were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 526 -- Banking and Insurance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SECRETARY OF STATE (SECURITIES DIVISION), RELATING TO DISHONEST OR UNETHICAL PRACTICES BY BROKER-DEALERS AND AGENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1511, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 593 -- Senators Elliott, Greg Smith and Rankin: A BILL TO AMEND ACT 337 OF 1971, AS AMENDED, RELATING TO THE CREATION OF THE GRAND STRAND WATER AND SEWER AUTHORITY, SO AS TO GRANT THE AUTHORITY THE POWER, WITH THE APPROVAL OF THE CUSTOMER, TO ROUND TO THE NEXT HIGHEST DOLLAR A CUSTOMER'S BILL AND DISBURSE THE FUNDS REALIZED FROM THIS ROUNDING PROCEDURE FOR CHARITABLE PURPOSES.
The motion of Rep. FELDER to reconsider the vote whereby the following Joint Resolution was given a second reading was taken up and agreed to.
S. 597 -- Senator Saleeby: A JOINT RESOLUTION TO REQUIRE THE SOUTH CAROLINA CHIEF INSURANCE COMMISSIONER TO SOLICIT AN INVITATION FOR BIDS FOR ANY AND ALL SERVICES USED OR PAID FOR BY THE SOUTH CAROLINA REINSURANCE FACILITY AND TO CONDUCT CERTAIN AUDITS AND REPORT THE RESULTS TO THE GENERAL ASSEMBLY.
Reps. FELDER and T.C. ALEXANDER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\N05\7147BD.93), which was adopted.
Amend the joint resolution, as and if amended, SECTION 1, page 1, beginning on line 21, by inserting at the end:
/The facility business to be bid under this section must be split into not less than three equivalent blocks of business to be awarded to not less than three different providers, and the contracts must be for five years./
Amend title to conform.
Rep. FELDER explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 371 -- Senator Drummond: A BILL TO AMEND SECTION 7-13-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PARTY PRIMARIES CONDUCTED BY THE STATE ELECTION COMMISSION, SO AS TO CLARIFY THAT FILING FEES FOR ALL CANDIDATES FILING TO RUN IN ALL PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE TRANSMITTED BY THE RESPECTIVE POLITICAL PARTIES TO THE COMMISSION.
Reps. QUINN, TROTTER, HALLMAN, FULMER, H. BROWN, WOFFORD, MARCHBANKS and WILKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30111DW.93).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ____. The 1976 Code is amended by adding:
"Section 7-11-5. Notwithstanding any other provision of this chapter, and not including any office created under the United States Constitution, beginning with the general election of 1994, all candidates seeking nomination for statewide constitutional office, the state Senate, or House of Representatives, may be nominated only by primary or petition."/
Renumber sections to conform.
Amend title to conform.
Rep. QUINN explained the amendment.
Rep. TUCKER moved to adjourn debate upon the Bill until Thursday, April 22, which was adopted.
Rep. PHILLIPS moved to adjourn debate upon the following Bill until Tuesday, May 4, which was adopted.
H. 3463 -- Reps. Jennings, H. Brown, Kirsh, Huff, Houck, Neilson, Tucker, Baxley, Delleney, Wofford, Worley, McElveen, Martin, Cobb-Hunter, J. Wilder, Spearman, Elliott, McCraw, Phillips, Kinon, J. Harris and Askins: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 SO AS TO CREATE THE SCENIC HIGHWAYS COMMITTEE AND TO PRESCRIBE ITS POWERS AND DUTIES; BY ADDING SECTION 57-23-185 SO AS TO PROVIDE THAT JUST COMPENSATION BE PAID TO LANDOWNERS FOR REMOVAL OF SIGNS; AND TO AMEND SECTION 57-25-140, AS AMENDED, RELATING TO SIGNS PERMITTED ALONG INTERSTATE HIGHWAYS, SO AS TO ALLOW SIGNS PROVIDING DIRECTIONAL INFORMATION.
The following Bill was taken up:
H. 3372 -- Reps. J. Bailey, Gonzales, Fulmer, Quinn, Hallman, Huff, Harrell, Holt, R. Young, Harrison, Scott, Hodges, Wilkins, Jennings, Tucker and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".
The Judiciary Committee proposed the following Amendment No. 1 (Document No. L:\Council\Legis\Amend\WWW\30092DW.93).
Amend the bill, as and if amended, page 3, Section 6-31-20(3) of the 1976 Code, as contained in SECTION 1, on line 26, by inserting after /the/ /planning for or/; on line 31, by inserting after /includes/ /the planning for and/; on line 32 by striking /development/ and inserting /activity/; and on line 34, by inserting after /to the/ /planning for or the/ so that when amended, Section 6-31-20(3) of the 1976 Code shall read:
/(3) 'Development' means the planning for or carrying out of a building activity or mining operation, the making of a material change in the use or appearance of any structure or property, or the dividing of land into three or more parcels. 'Development', as designated in a law or development permit, includes the planning for and all other activity customarily associated with it unless otherwise specified. When appropriate to the context, 'development' refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item./
Amend further, page 5, Section 6-31-40, as contained in SECTION 1, line 21, by inserting after /a/ /projected/ so that when amended Section 6-31-40 of the 1976 Code shall read:
/Section 6-31-40. A local government may enter into a development agreement with a developer for the development of property as provided in this chapter provided the property contains one hundred fifty acres or more of highland and the development will be over a projected time frame of five years or more./
Amend further page 9, Section 6-31-110(A) of the 1976 Code by deleting beginning on line 26 /The developer and the municipality also must comply with the provisions of Section 6-31-40(C)./ so that when amended, Section 6-31-110(A) of the 1976 Code shall read:
/Except as otherwise provided in Section 6-31-130 and subject to the provisions of Section 6-31-140, if a newly incorporated municipality or newly annexed area comprises territory that was formerly unincorporated, any development agreement entered into by a local government before the effective date of the incorporation or annexation remains valid for the duration of the agreement, or eight years from the effective date of the incorporation or annexation, whichever is earlier. The parties to the development agreement and the municipality may agree that the development agreement remains valid for more than eight years; provided, that the longer period may not exceed fifteen years from the effective date of the incorporation or annexation. The parties to the development agreement and the municipality have the same rights and obligations with respect to each other as if the property had remained in the unincorporated territory of the county./
Amend further page 10, by inserting immediately after line 43:
/Section 6-31-145. In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply at the time the obligation becomes enforceable against the local government with any applicable constitutional and statutory procedures for the approval of this debt./
Amend title to conform
Rep. HODGES explained the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 1, Rep. HODGES having the floor.
At 12:30 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R33) S. 374 -- Fish, Game & Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO ONE-QUARTER MILE OFF-SHORE LINE AND TAKING AMERICAN EELS AND CATFISH IN CERTAIN WATERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1589, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R34) S. 3 -- Senator Williams: AN ACT TO AMEND SECTION 14-7-200, AS AMENDED, AND SECTION 14-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF PETIT JURORS THE JURY COMMISSIONERS ARE REQUIRED TO DRAW AND SUMMON, SO AS TO PROVIDE THAT THE JURY COMMISSIONERS SHALL DRAW AND SUMMON AT LEAST SEVENTY-FIVE JURORS BUT THAT THE CHIEF ADMINISTRATIVE JUDGE OR THE PRESIDING JUDGE OF THAT CIRCUIT MAY INCREASE OR DECREASE THE NUMBER OF JURORS DRAWN AND SUMMONED; HOWEVER, AT LEAST SEVENTY-FIVE JURORS MUST BE DRAWN AND SUMMONED.
(R35) S. 552 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN, RELATING TO MINIMUM ELIGIBILITY REQUIREMENTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1480, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R36) S. 557 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO X-RAYS (TITLE B), DESIGNATED AS REGULATION DOCUMENT NUMBER 1467, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R37) S. 60 -- Senators Washington, Stilwell and Rose: AN ACT TO AMEND SECTION 23-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO REVISE THE EDUCATIONAL AND PROFESSIONAL EXPERIENCE, TO PROVIDE FOR FINGERPRINTING AND A FINGERPRINT SEARCH, AND TO REQUIRE AN AFFIDAVIT FILED WITH THE CLERK OF COURT.
(R38) S. 56 -- Senator Bryan: AN ACT TO AMEND SECTION 44-13-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSION AND COMMITMENT FORMS TO BE KEPT BY PROBATE JUDGES, SO AS TO ADD REFERENCES TO CHAPTERS REQUIRING THESE FORMS.
(R39) S. 344 -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-35-115 SO AS TO PROVIDE THAT NO INDIVIDUAL OTHERWISE ELIGIBLE SHALL BE DENIED BENEFITS WITH RESPECT TO ANY WEEK IN WHICH HE IS REQUIRED BY LAW TO APPEAR IN COURT AS A WITNESS OR TO SERVE AS A JUROR, AND PROVIDE THAT BENEFITS MUST BE REDUCED BY ANY PER DIEM RECEIVED FOR SERVICE AS A JUROR.
(R40) S. 438 -- Judiciary Committee: AN ACT TO AMEND SECTION 14-1-215, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETIRED JUSTICES AND JUDGES PRESIDING OR SERVING IN CERTAIN COURTS OF THIS STATE, SO AS TO REQUIRE THAT EXCEPT FOR RETIRED JUDGES, A PERSON MUST BE SCREENED IN THE MANNER PROVIDED BY LAW AND FOUND QUALIFIED TO SERVE BEFORE BEING APPOINTED OR ELECTED TO SERVE AS A FAMILY COURT JUDGE.
(R41) S. 425 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO CONTRACT BIDS, AWARDS PERTAINING TO FIRE SPRINKLER CONTRACTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1562, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R42) S. 304 -- Senators Leatherman, Moore, J. Verne Smith, Leventis and Drummond: A JOINT RESOLUTION TO AMEND JOINT RESOLUTION 206 OF 1989, RELATING TO APPROPRIATING MONIES FROM THE CAPITAL RESERVE FUND FOR 1988-89, SO AS TO CHANGE THE AUTHORIZATION FOR EDUCATIONAL TELEVISION; AND TO PROVIDE FOR THE DISBURSEMENT OF FUNDS FOR BEACH RESTORATION PROJECTS.
(R43) S. 550 -- Senator Stilwell: AN ACT TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.
(R44) S. 427 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ARCHITECTURAL EXAMINERS, RELATING TO THE INTERN DEVELOPMENT PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1588, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R45) S. 514 -- Senators Greg Smith and Williams: AN ACT TO AMEND SECTION 50-18-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERS OF PERMITTED AQUACULTURE SPECIES AND FEED AND SUPPLIES AND NOTIFICATION OF FISH DIE-OFFS IN EXCESS OF TWO HUNDRED FIFTY FISH, SO AS TO DELETE THE NOTIFICATION REQUIREMENT; AND TO AMEND SECTION 50-18-50, RELATING TO BROOD STOCK FOR AQUACULTURE OPERATIONS, SO AS TO PROVIDE THAT GAME FISH MUST BE TAKEN BY METHODS PRESCRIBED BY THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AS WELL AS BY HOOK AND LINE.
(R46) S. 295 -- Senator Reese: AN ACT TO AMEND ACT 318 OF 1965, AS AMENDED, RELATING TO THE CHEROKEE SPRINGS FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE BOARD OF FIRE CONTROL FOR THE DISTRICT TO BORROW A MAXIMUM OF ONE MILLION DOLLARS INSTEAD OF A MAXIMUM OF TWO HUNDRED THOUSAND DOLLARS; AND TO PROHIBIT AN INCREASE IN FEES OR AD VALOREM TAXES IN EXCESS OF THE TEN MILLS CURRENTLY AUTHORIZED WITHOUT A FAVORABLE VOTE OF THE RESIDENT ELECTORS OF THE DISTRICT.
(R47) H. 3756 -- Rep. Stille: AN ACT TO AMEND SECTION 7-7-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE SPECIFIC LOCATIONS OF POLLING PLACES FOR EACH PRECINCT AND PROVIDE THAT THE POLLING PLACES MUST BE DETERMINED BY THE ABBEVILLE COUNTY ELECTION COMMISSION WITH THE APPROVAL OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION.
(R48) H. 3529 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO BUILDINGS AND GROUNDS, DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1578, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R49) H. 3748 -- Reps. Wilkins and Cato: AN ACT TO AMEND SECTION 27-8-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION, DURATION, EFFECT, AND CONVEYANCE OF CONSERVATION EASEMENTS, SO AS TO PROVIDE ADDITIONAL REQUIREMENTS FOR A PUBLIC HEARING ON A PROPOSAL BY A GOVERNMENTAL BODY TO CONVEY AN EASEMENT.
(R50) H. 3053 -- Rep. Keyserling: AN ACT TO AMEND SECTION 48-39-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON CONSTRUCTION, RECONSTRUCTION, AND ALTERATIONS UNDER THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE AN EXEMPTION FROM THE PROHIBITION ON NEW EROSION CONTROL STRUCTURES OR DEVICES SEAWARD OF THE SETBACK LINE AND PROVIDE THAT THE EXEMPTION IS INELIGIBLE FOR BEACH RENOURISHMENT FUNDS.
(R51) H. 3527 -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO EXPERIMENTAL PROGRAMS, THE DEFINED MINIMUM PROGRAM FOR SOUTH CAROLINA SCHOOL DISTRICTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1486, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R52) H. 3510 -- Agriculture, Natural Resources and Environmental Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (LITTLE PEE DEE RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 1466, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R53) H. 3412 -- Rep. McLeod: AN ACT TO ESTABLISH THE REGISTRATION AND ELECTIONS COMMISSION FOR SUMTER COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR SUMTER COUNTY AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE REGISTRATION AND ELECTIONS COMMISSION, PROVIDE FOR THE COMPENSATION OF MEMBERS OF THE COMMISSION, THE ORGANIZATION OF THE COMMISSION, AND PROVIDE THAT THE CURRENT MEMBERS OF THE SUMTER COUNTY ELECTION COMMISSION AND THE SUMTER COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW SUMTER COUNTY REGISTRATION AND ELECTIONS COMMISSION UNTIL THE MEMBERS OF THE NEW COMMISSION APPOINTED AS PROVIDED BY THIS ACT TAKE OFFICE, AT WHICH TIME THE TERMS OF THE FORMER COMMISSIONERS OF ELECTION AND REGISTRATION BOARD MEMBERS SHALL EXPIRE.
(R54) H. 3563 -- Rep. Rhoad: AN ACT TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO DELETE THE REQUIREMENT FOR THE HUNTING OF RACCOON IN GAME ZONE 11 TO BE AT NIGHT.
(R55) H. 3676 -- Rep. Sheheen: AN ACT TO AMEND SECTION 56-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MUST NOT BE LICENSED, SO AS TO PROHIBIT RENEWAL OF DRIVER'S LICENSES TO CERTAIN PERSONS, AND TO ADD TO THE LIST OF PROHIBITIONS PERSONS WHOSE LICENSES ARE SUSPENDED OR REVOKED, PERSONS WHO ARE NOT RESIDENTS OF THE UNITED STATES AND TO PROVIDE EXCEPTIONS AND TO PROVIDE THAT ISSUANCE OF A LICENSE IS NOT EVIDENCE OF RESIDENCY FOR EDUCATIONAL PURPOSES.
(R56) H. 3217 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISCHARGE OF CHILD IN NEED OF TREATMENT VOLUNTARILY ADMITTED, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-60, RELATING TO EMERGENCY ADMISSIONS OF CHILDREN, SO AS TO REQUIRE THE REASONS WHY VOLUNTARY ADMISSION IS NOT POSSIBLE AS BASIS FOR EMERGENCY ADMISSION AND TO REQUIRE PHYSICIANS PERFORMING EXAMINATIONS TO CONSIDER MEDICAL RECORDS THAT ARE AVAILABLE; TO AMEND SECTION 44-24-70, RELATING TO TAKING INTO CUSTODY A CHILD WHO MAY CAUSE SERIOUS HARM, SO AS TO REVISE THE REFERENCES TO CERTAIN CLASSIFICATIONS OF CHILD PATIENTS; TO AMEND SECTION 44-24-80, RELATING TO TRANSPORTING A CHILD TO THE HOSPITAL, SO AS TO REVISE CERTIFICATE REQUIREMENTS; TO AMEND SECTION 44-24-90, RELATING TO PROCEDURES FOR JUDICIAL ADMISSION, SO AS TO REVISE THESE PROCEDURES; TO AMEND SECTION 44-24-110, RELATING TO JUDICIAL ADMISSIONS, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 44-24-140, RELATING TO COMMITMENT OF CHILDREN FOR TREATMENT, SO AS TO BROADEN THE TYPE FACILITIES CHILDREN MAY BE COMMITTED TO; TO AMEND SECTION 44-24-150, RELATING TO COMMITMENT FOR EVALUATION PURPOSES, SO AS TO CHANGE AN INCORRECT REFERENCE; TO AMEND SECTION 44-24-170, RELATING TO RE-EXAMINATIONS, SO AS TO CHANGE AN INTERNAL REFERENCE; AND TO AMEND SECTION 44-24-240, RELATING TO AGENCIES PROVIDING SERVICES, SO AS TO MAKE A TECHNICAL CORRECTION.
(R57) H. 3013 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-15-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ESTABLISHMENT AND APPOINTMENT OF COMMUNITY MENTAL HEALTH BOARDS, SO AS TO INCLUDE PARENTS OF EMOTIONALLY DISTURBED CHILDREN AND ADOLESCENTS FOR CONSIDERATION AS CONSUMER AND FAMILY REPRESENTATIVES ON THE BOARDS AND PROVIDE FOR THE NUMBER OF COUNTY MEMBERS TO BE PROPORTIONAL TO ITS POPULATION INSTEAD OF ITS SHARE OF THE BUDGET.
(R58) H. 3136 -- Reps. J. Brown, Rudnick, Snow, McMahand, Byrd, Anderson, Holt, Canty, Haskins and Jaskwhich: AN ACT TO AMEND SECTION 40-51-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY EXAMINERS, SO AS TO ADD AN ADDITIONAL MEMBER OF THE BOARD WHO MUST BE ENGAGED IN THE PRACTICE OF PODIATRY, AND TO REVISE AND FURTHER PROVIDE FOR THE QUALIFICATIONS OF MEMBERS OF THE BOARD AND FOR THE MANNER IN WHICH THE PODIATRIST MEMBERS OF THE BOARD ARE SELECTED.
(R59) H. 3381 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF MEDICAL EXAMINERS, RELATING TO WAIVER OF FEES AND SPECIAL VOLUNTEER LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1545, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R60) H. 3215 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-23-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRANSFERRING PERSONS TO MENTAL HEALTH OR MENTAL RETARDATION FACILITIES, SO AS TO DELETE PROVISIONS RELATING TO TRANSFERS FROM CORRECTIONAL INSTITUTIONS.
(R61) H. 3011 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 44-26-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUMAN RIGHTS COMMITTEES FOR MENTAL RETARDATION CLIENTS, SO AS TO DELETE THE DUTY OF THE COMMITTEES TO ADVISE ON PLANS FOR BEHAVIOR SUPPORT WHICH MAY RESTRICT PERSONAL FREEDOMS OR CLIENTS' RIGHTS AND SECTION 44-26-140, RELATING TO SUITABLE CARE AND HABILITATION FOR CLIENTS, SO AS TO PROVIDE THAT REQUIREMENTS FOR THE DEPARTMENT OF MENTAL RETARDATION TO DEVELOP SERVICES NECESSARY TO MEET CLIENTS' NEEDS ARE BASED ON AVAILABLE RESOURCES.
(R62) H. 3671 -- Rep. Spearman: AN ACT TO ABOLISH THE SALUDA COUNTY MEDICAL BUILDING BOARD AND DEVOLVE ALL POWERS AND DUTIES OF THE BOARD UPON THE SALUDA COUNTY COUNCIL AND TO REPEAL ACT 810 OF 1946 AND ACT 1116 OF 1960 RELATING TO THE CREATION, COMPOSITION, POWERS, AND DUTIES OF THE BOARD.
(R63) H. 3018 -- Reps. P. Harris, Waldrop, Neilson, Allison, Baxley, Cromer, Gamble, J. Harris, Harrison, Haskins, Inabinett, Jaskwhich, Littlejohn, Martin, Mattos, Phillips, Rhoad, Rudnick, Shissias, Stille, Vaughn, Walker, Waites, Wells, Whipper, J. Wilder, Wilkes, Marchbanks and Snow: A JOINT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON AGING TO FORM A BLUE RIBBON TASK FORCE TO STUDY THE PLANNING, COORDINATION, AND DELIVERY OF SERVICES TO ALZHEIMER'S VICTIMS AND THEIR FAMILIES, TO RECOMMEND AN ORGANIZATIONAL STRUCTURE TO HAVE PRIMARY RESPONSIBILITY FOR THESE FUNCTIONS, AND TO REPORT TO THE COMMITTEE.
(R64) H. 3115 -- Reps. T.C. Alexander, Snow, Riser and Witherspoon: AN ACT TO AMEND SECTION 47-13-1310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO EQUINE INFECTIOUS ANEMIA, SO AS TO REVISE THE DEFINITIONS OF "HORSE" AND "REACTOR"; TO AMEND SECTION 47-13-1315, AS AMENDED, RELATING TO PROGRAMS TO CONTROL EQUINE INFECTIOUS ANEMIA, SO AS TO PROVIDE FOR TESTING IN ANY CHANGE OF OWNERSHIP; TO AMEND SECTION 47-13-1350, AS AMENDED, RELATING TO THE TESTING REQUIREMENT BEFORE A HORSE MAY ENTER THE STATE, SO AS TO CHANGE THE TIME REQUIREMENT FOR A NEGATIVE TEST; AND TO AMEND SECTION 47-13-1370, AS AMENDED, RELATING TO PROOF OF TESTS FOR EQUINE INFECTIOUS ANEMIA FOR A PUBLIC ASSEMBLY OF HORSES, SO AS TO CHANGE THE TIME REQUIREMENT BEFORE A HORSE MAY ENTER AN ASSEMBLY AND PROVIDE REQUIREMENTS FOR THE COGGINS TEST AND OTHER TESTS FOR EQUINE INFECTIOUS ANEMIA.
(R65) H. 3787 -- Rep. Walker: AN ACT TO AMEND ACT 908 OF 1964, RELATING TO THE CREATION OF THE NEW PROSPECT AREA FIRE DISTRICT IN SPARTANBURG COUNTY, SO AS TO INCREASE FROM TWENTY-FIVE TO TWO HUNDRED THOUSAND DOLLARS THE AMOUNT THE DISTRICT MAY BORROW.
(R66) H. 3436 -- Reps. Mattos, J. Bailey, Boan, Tucker, Harrell, Rogers, McElveen, Holt, Sheheen, H. Brown, Waites, G. Bailey, Cobb-Hunter, A. Young, Hines, R. Smith, McKay, Harwell, G. Brown, Quinn, Wilkins, White, P. Harris, Phillips, Neilson, M.O. Alexander, Littlejohn, Carnell, Cooper, Byrd, Anderson, Wright, Neal, Huff, McMahand, Wells, Wofford, Harrison, Walker, Rhoad, Riser, Kinon, Shissias, Stuart, Sturkie, Robinson, Delleney, Farr, Breeland, McLeod, T.C. Alexander, Worley, Cato, J. Wilder, Baxley, Trotter, Kelley, Davenport, Chamblee, Vaughn, Clyborne, Graham, Stille, Spearman, McCraw, Beatty, Hutson, Witherspoon, Baker, Gonzales, D. Smith, Williams, Fair, Inabinett, Gamble, Whipper, Stone, Hodges, Houck, Allison, Kirsh, Klauber, Moody-Lawrence, Marchbanks, D. Wilder, Law, McTeer, Haskins, Richardson, Corning and Barber: AN ACT TO AMEND SECTION 44-29-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMMUNIZATIONS REQUIRED OF SCHOOL PUPILS, SO AS TO INCLUDE CHILDREN ATTENDING PUBLIC OR PRIVATE CHILD DAY CARE FACILITIES, TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO MONITOR IMMUNIZATION RECORDS OF CHILDREN IN DAY CARE, TO PROVIDE FOR A TEMPORARY AND A RELIGIOUS EXEMPTION, AND TO EXCLUDE FAMILY GROUP HOMES FROM THESE REQUIREMENTS.
(R67) H. 3356 -- Reps. Simrill, Kirsh and Meacham: AN ACT TO AMEND SECTION 5-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS, SO AS TO PROVIDE THAT FAILURE TO RECORD THE REQUEST AT THE NEXT MEETING OF THE GOVERNING BODY DOES NOT AFFECT THE APPLICABILITY OF THE TORT LIABILITY COVERAGE, AND TO EXTEND TORT LIABILITY COVERAGE TO THE OFFICERS SENT TO ANOTHER MUNICIPALITY WHICH THEY HAVE IN THE SENDING MUNICIPALITY.
(R68) H. 3219 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-9-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE SOUTH CAROLINA MENTAL HEALTH COMMISSION, SO AS TO ADD REFERENCES TO CHAPTERS OVER WHICH THE COMMISSION HAS AUTHORITY TO EXERCISE CERTAIN POWERS.
(R69) H. 3163 -- Reps. Cobb-Hunter, Waites, Harwell, Wofford, Rogers, Stille, Baxley, Byrd, Thomas, Mattos, McMahand, Littlejohn, Whipper, Canty, Hines, Gonzales, Simrill, Wright, Harvin, McTeer, J. Harris, Meacham and Shissias: A JOINT RESOLUTION TO RENAME THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN AND FAMILIES.
(R70) H. 3014 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 44 SO AS TO PROVIDE FOR FAMILY SUPPORT SERVICES THROUGH THE DEPARTMENT OF MENTAL RETARDATION.
(R71) H. 3218 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-17-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOLUNTARY ADMISSION TO A STATE HOSPITAL, SO AS TO INCREASE THE AGE FROM SIXTEEN TO EIGHTEEN YEARS OF AGE AND TO DELETE VOLUNTARY ADMISSION FOR THOSE UNDER SIXTEEN YEARS OF AGE.
(R72) H. 3216 -- Rep. Wofford: AN ACT TO AMEND SECTION 44-17-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISCHARGE OF A PATIENT VOLUNTARILY ADMITTED TO A HOSPITAL FOR MENTAL HEALTH TREATMENT, SO AS TO DELETE PROVISIONS PROHIBITING DISCHARGE BEFORE FIFTEEN DAYS HAVE ELAPSED AND PROVISIONS REQUIRING FOURTEEN DAYS' NOTICE TO THE PARENTS OF A PATIENT UNDER SIXTEEN YEARS OF AGE.
(R73) H. 3606 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO THE DOWNPAYMENT ASSISTANCE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1534, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R74) H. 3605 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE STATE HOUSING FINANCE AND DEVELOPMENT AUTHORITY, RELATING TO SPECIAL NEEDS FINANCING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1535, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R75) H. 3015 -- Reps. P. Harris, Carnell, J. Harris and Mattos: AN ACT TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, SO AS TO DEFINE "ACCREDITED COLLEGE OR UNIVERSITY" AND CHANGE THE BOARD NAME TO THE BOARD OF LONG TERM HEALTH CARE ADMINISTRATORS.
(R76) H. 3633 -- Rep. Jennings: AN ACT TO AMEND SECTION 15-9-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE OF PROCESS ON DOMESTIC CORPORATIONS, SECTION 15-9-240, AS AMENDED, RELATING TO SERVICE OF PROCESS ON AUTHORIZED FOREIGN CORPORATIONS, AND SECTION 36-2-806, RELATING TO THE MANNER AND PROOF OF SERVICE OF PROCESS SERVED OUTSIDE THE STATE, SO AS TO CONFORM THE PROVISIONS OF THESE SECTIONS TO THE SERVICE OF PROCESS RULES CONTAINED IN THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
At 12:45 P.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. HODGES having the floor.
H. 3372 -- Reps. J. Bailey, Gonzales, Fulmer, Quinn, Hallman, Huff, Harrell, Holt, R. Young, Harrison, Scott, Hodges, Wilkins, Jennings, Tucker and H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 6 SO AS TO ENACT THE "SOUTH CAROLINA LOCAL GOVERNMENT DEVELOPMENT AGREEMENT ACT".
Debate was resumed on Amendment No. 1, by the Committee on Judiciary.
Rep. HODGES continued speaking.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\WWW\30109DW.93), which was adopted.
Amend the bill, as and if amended, page 11, by striking on line 8 /"/;
Amend further by inserting immediately after line 9:
/Section 6-31-160. Notwithstanding any other provision of law, a development agreement adopted pursuant to this chapter must comply with any building, housing, electrical, plumbing, and gas codes subsequently adopted by the governing body of a municipality or county as authorized by Chapter 9 of Title 6. Such development agreement may not include provisions which supersede or contravene the requirements of any building, housing, electrical, plumbing, and gas codes adopted by the governing body of a municipality or county."/
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. GONZALES proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\22080DW.93), which was adopted.
Amend the bill, as and if amended, page 9, line 24, by inserting after /other/ /regarding matters addressed in the development agreement/.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3454 -- Reps. R. Young and Gonzales: A BILL TO AMEND SECTION 12-51-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT TAX SALES, SO AS TO REQUIRE THE COUNTY TREASURER TO MARK UPON THE PUBLIC TAX RECORDS REGARDING REAL PROPERTY SOLD FOR TAXES THAT THE FUNDS USED TO PAY THE DELINQUENT TAXES WERE DERIVED FROM A TAX SALE AND THE DATE OF THE SALE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\CYY\15432SD.93), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 and inserting:
/SECTION 2. This act takes effect upon approval by the Governor and applies to all property sold in a delinquent tax sale after December 31, 1993./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 196 -- Senators Hayes, Stilwell, Waldrep, Wilson and Martin: A BILL TO AMEND CHAPTER 5 OF TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-5-130 SO AS TO ABROGATE THE COMMON LAW RULE WHICH REQUIRES THE WORDS "AND HIS HEIRS" IN A DEED OF REALTY TO CONVEY PROPERTY IN FEE SIMPLE ABSOLUTE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30089DW.93).
Amend the bill, as and if amended, page 1, by striking Section 27-5-130(A), lines 23 through 29 and inserting:
/(A) Every deed of real estate executed after December 31, 1993 passes to the grantee the entire interest of the grantor in the property described in the deed, unless provided to the contrary in the deed./
Amend title to conform.
Rep. HODGES explained the amendment and moved to adjourn debate upon the Bill until Wednesday, April 21, which was adopted.
The following Bill was taken up.
S. 455 -- Senator Holland: A BILL TO AMEND SECTION 22-3-545, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR THE TRANSFER OF CERTAIN CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S OR MUNICIPAL COURT UPON PETITION OF THE SOLICITOR IN THAT CIRCUIT TO THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE, SO AS TO DELETE TEMPORARY EFFECTIVENESS OF THE SECTION, PROVIDE THAT A CASE MAY BE TRANSFERRED FROM THE GENERAL SESSIONS COURT UNLESS THE DEFENDANT OBJECTS ON THE RECORD AFTER NOTIFICATION BY THE SOLICITOR RATHER THAN REQUIRING THE DEFENDANT TO AGREE IN WRITING TO THE TRANSFER AND PROVIDE THAT THE CHIEF ADMINISTRATIVE CRIMINAL COURT JUDGE IN THE CIRCUIT SHALL SET THE TERMS OF COURT AND ORDER THE MAGISTRATES AND MUNICIPAL JUDGES TO HOLD TERMS OF COURT ON SPECIFIC TIMES AND DATES FOR THE DISPOSITION OF THESE CASES, AND TO REPEAL SECTION 2 OF ACT 310 OF 1992 RELATING TO THE REQUIREMENT THAT THE COMMISSION ON PROSECUTION COORDINATION MUST COMPILE DATA ON THE NUMBER OF CASES TRANSFERRED UNDER THE PROVISION OF SECTION 22-3-545 AND MAKE A REPORT TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 1, 1994.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\WWW\30091DW.93), which was adopted.
Amend the bill, as and if amended, page 2, lines 9 through 21, by striking Section 22-3-545(B)(1), and inserting:
/(B)(1) The solicitor, upon ten days' written notice to the defendant, may petition the chief administrative criminal court judge in the circuit to transfer one or more cases from the general sessions court docket to a docket of a magistrate's or municipal court in the circuit for disposition. The solicitor's notice must fully apprise the defendant of his right to have his case heard in general sessions court. The notice must include the difference in jury size in magistrates or municipal court and in general sessions court. Both parties must have the opportunity to be heard by the chief administrative judge and the case may not be transferred from the general sessions court unless the defendant agrees in writing to the transfer objects after notification by the solicitor pursuant to the provisions of this item. The objection may be made orally or in writing at any time prior to the trial of the case. The objection may be made to the chief administrative criminal court judge, the trial judge or the solicitor. Before impanelling the jury, the trial judge must receive an affirmative waiver by the defendant, if present, of his right to have the case tried in general sessions court. The defendant must be informed that, if tried in general sessions court, the case would be tried in front of twelve jurors who must reach a unanimous verdict before a finding of guilty of the offense can be rendered in his case, and that if tried in magistrates or municipal court, the case would be tried in front of six jurors who must reach a unanimous verdict before a finding of guilty of the offense can be reached in his case./;
Amend further page 3, lines 13 and 14, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Reps. BEATTY, HINES, ANDERSON, McMAHAND and BREELAND objected to the Bill.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4131 -- Reps. Rogers, J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION CONGRATULATING THE LADY SHAMROCKS OF EAU CLAIRE HIGH SCHOOL OF COLUMBIA ON WINNING THE 1993 CLASS AAA GIRLS BASKETBALL STATE CHAMPIONSHIP, AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 27, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
H. 4132 -- Reps. Rogers, J. Brown, Scott and Byrd: A CONCURRENT RESOLUTION CONGRATULATING THE EAU CLAIRE SHAMROCKS BOYS BASKETBALL TEAM OF COLUMBIA ON WINNING THE CLASS AAA STATE CHAMPIONSHIP FOR 1993 AND GRANTING THE TEAM, COACHES, AND SCHOOL OFFICIALS THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES ON TUESDAY, APRIL 27, 1993, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED.
At 12:58 P.M. the House in accordance with the motion of Rep. J. WILDER adjourned in memory of Bruce Morris of Barnwell, to meet at 10:00 A.M. tomorrow.
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