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 have felt Your presence, Lord, as we worshiped in our churches or synagogues over the weekend. You have been with us where we live, when we traveled, wherever we went. Continue to be with us as we have returned to this place. Help us to see You, to hear Your voice. Enable us to let go of all the unimportant things that clutter our lives so that we are free to respond to that which You expect of us. Cause us to use our relationship with You not as a spare tire but as a steering wheel in our every activity.
Give us the faith to say with the Psalmist: "The Lord will give strength to His people." (Psalm 29:11a) 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. STODDARD moved that when the House adjourns, it adjourn in memory of Frances M. Medlock of Waterloo, which was agreed to.
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
April 19, 1993 to January 28, 1994,
2,991 @ $5.00 each 14,955.00
Total $14,965.00
Accounting:
Cash on Hand $ 10.00
Cash Deposited in State's
General Fund 14,955.00
Total $14,965.00
An itemized list of the purchasers of the Manual is available in the Clerk's Office.
Sandra K. McKinney
Clerk of the House
The following were received and referred to the Committee on Invitations and Memorial Resolutions.
January 26, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
On behalf of the Girl Scout Councils of South Carolina, I would like to invite the members of the House and Senate to a mid-day reception on Tuesday, February 8, immediately upon adjournment of the House and Senate in the main lobby of the State House.
Girl Scout leaders from across the State will be present to visit with the Honorable members of the House and Senate. Thank you, and we look forward to seeing you.
Sincerely,
Dena Altman
President
January 25, 1994
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
The South Carolina Student Legislature cordially invites the members of the South Carolina House of Representatives to attend its annual Legislative Reception to be held on 22 February, 1994. Lunch will be served from 12:30 - 2:30 P.M. in the lower lobby of the State House where each of the representatives will have the opportunity to meet and speak with the student leaders of South Carolina. The delegates of the South Carolina Student Legislature sincerely look forward to meeting you at that time.
Very truly yours,
Melinda R. Diller, Governor
South Carolina Student Legislature
The Honorable Dewitt Williams
Chairman, House Invitations Committee
518-D Blatt Building
Columbia, South Carolina 29201
Dear Rep. Williams:
We at the This, That, 'N' The Other II Cafe is pleased to invite the members of the House and their staff to a get acquainted luncheon on February 23, from 1:00 P.M. at 1519 Harden Street.
We hope you can be with us on this happy occasion.
Sincerely,
Rev. Neil Haynes
The following were received and referred to the appropriate committees for consideration.
Document No. 1739
Promulgated By Commissioners of Pilotage Port of Georgetown
New Regulations to Establish Standards for a Centralized, Coordinated System of Pilotage
Received By Speaker January 31, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 31, 1994
Document No. 1719
Promulgated By Clemson University, State Crop Pest Commission
Boll Weevil Rules, Regulations and Quarantine
Received By Speaker January 27, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 27, 1994
Document No. 1721
Promulgated By Clemson University, State Crop Pest Commission
Regulations Regarding Plant Nurseries
Received By Speaker January 27, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 27, 1994
Document No. 1722
Promulgated By Clemson University, State Crop Pest Commission
Regulations Pertaining to Imported Fire Ant Quarantine
Received By Speaker January 27, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 27, 1994
Document No. 1733
Promulgated By Athletic Commission
Investigations and Hearings Held by Commission
Received By Speaker January 28, 1994
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date May 28, 1994
Document No. 1689
Promulgated By Clemson University, State Crop Pest Commission
Pesticide Control Act
Received By Speaker January 27, 1994
Referred to House Committee on Agriculture, Natural Resources and Environmental Affairs
120 Day Review Expiration Date May 27, 1994
The following was received.
Document No. 1698
Promulgated By Department of Social Services
Child Support Guidelines
Received by Speaker December 15, 1993
Referred to House Committee on Judiciary
120 Day Review Expiration Date May 11, 1994
Withdrawn and Resubmitted January 28, 1994
The following was introduced:
H. 4638 -- Reps. McAbee, T.C. Alexander, Allison, G. Bailey, J. Bailey, Baker, Barber, Baxley, Boan, Breeland, H. Brown, J. Brown, Byrd, Cato, Chamblee, Cooper, Corning, Davenport, Delleney, Fair, Farr, Felder, Fulmer, Harrison, Harwell, Haskins, Hines, Hodges, Houck, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Kelley, Kennedy, Kirsh, Klauber, Lanford, Law, Littlejohn, Marchbanks, McElveen, McKay, McMahand, Meacham, Moody-Lawrence, Neal, Neilson, Rhoad, Richardson, Riser, Scott, Simrill, R. Smith, Stille, Stoddard, Stone, Sturkie, Townsend, Vaughn, Waldrop, Walker, Wells, Whipper, D. Wilder, J. Wilder, Wilkins, Witherspoon, Wofford, Wright and R. Young: A HOUSE RESOLUTION TO PROVIDE THAT THE STAFF SERVING THE MEMBERS OF THE HOUSE OF REPRESENTATIVES IS NOT REQUIRED TO WORK ON GOOD FRIDAY, APRIL 1, 1994.
Be it resolved by the House of Representatives:
That the staff serving the members of the House of Representatives is not required to work on Good Friday, April 1, 1994.
The Resolution was adopted.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4639 -- Reps. D. Wilder, Simrill, Harvin, Walker, Stoddard, Baker, Littlejohn, D. Smith, Klauber, Meacham and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-365 SO AS TO PROVIDE A PROCEDURE FOR ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT; TO AMEND SECTION 7-13-360 RELATING TO WRITE-IN BALLOTS, SO AS TO DELETE THE PROHIBITION ON ALLOWING WRITE-IN VOTING FOR PRESIDENT AND VICE PRESIDENT.
Referred to Committee on Judiciary.
H. 4640 -- Reps. Govan, Jaskwhich, Robinson, Richardson, McElveen and White: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, THE LOCAL OPTION GASOLINE TAX, IN CHAPTER 10 OF TITLE 4, RELATING TO LOCAL OPTION TAXES, SO AS TO AUTHORIZE A COUNTY BY REFERENDUM TO IMPOSE A ONE CENT A GALLON GASOLINE TAX FOR SPECIFIC PURPOSES AND FOR A SPECIFIC DURATION AND TO PROVIDE FOR COLLECTION OF THE TAX AND DISTRIBUTION OF THE REVENUE; AND TO DESIGNATE SECTIONS 4-10-10 THROUGH 4-10-90 AS ARTICLE 1, CHAPTER 10, TITLE 4 OF THE 1976 CODE ENTITLED "LOCAL SALES AND USE TAX".
Referred to Committee on Ways and Means.
H. 4641 -- Rep. J. Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-29-75 SO AS TO REQUIRE MANUFACTURERS OF MANUFACTURED HOMES TO AFFIX A PERMANENT METAL PLATE ON WHICH IS IMPRINTED THE SERIAL NUMBER OF THE HOME WITHIN THREE FEET OF ITS PRINCIPAL DOOR.
Referred to Committee on Labor, Commerce and Industry.
H. 4642 -- Reps. Hodges and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-9-590 SO AS TO PROVIDE THAT TELECOMMUNICATIONS SERVICES PROVIDED BY INTEREXCHANGE TELECOMMUNICATIONS CARRIERS MUST BE DEEMED COMPETITIVE SERVICES AFTER JULY 1, 1994, REQUIRE THE PUBLIC SERVICE COMMISSION TO CONDUCT HEARINGS, MAKE FINDINGS, AND ESTABLISH BENCHMARKS AS TO THE COMPETITION WHICH EXISTS AMONG THE INTEREXCHANGE TELECOMMUNICATIONS CARRIERS, AND PROVIDE FOR RELATED MATTERS.
Referred to Committee on Labor, Commerce and Industry.
H. 4643 -- Reps. Kirsh, Waldrop, J. Brown, G. Bailey and Boan: A BILL TO AMEND SECTION 40-55-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SCOPE OF PRACTICE OF PSYCHOLOGY, SO AS TO DELETE THE REQUIREMENT THAT A CLIENT RECEIVING EXTENDED PSYCHOTHERAPY MUST BE REFERRED TO A PHYSICIAN FOR EXAMINATION; TO AMEND SECTION 40-55-80, RELATING TO LICENSURE, SO AS TO REQUIRE AN APPLICANT TO PROVIDE REFERENCES AND THAT THE BOARD MAY NOT REQUEST MORE THAN THREE REFERENCES AND TO FURTHER REQUIRE AN APPLICANT TO HAVE COMPLETED TWO YEARS OF SUPERVISED EXPERIENCE; TO AMEND SECTION 40-55-130, RELATING TO COMPLAINTS, SO AS TO DELETE THE REQUIREMENT THAT A COMPLAINT MUST BE SUBMITTED BY AFFIDAVIT AND TO REVISE NOTICE PROCEDURES; TO AMEND SECTION 40-55-150, RELATING TO DISCIPLINARY GROUNDS, SO AS TO DELETE GROUNDS RELATING TO SOLICITATION; TO AMEND SECTION 40-55-170, RELATING TO VIOLATIONS, SO AS TO AUTHORIZE THE BOARD TO BRING ACTIONS FOR INJUNCTIONS AND TO REQUIRE THE ATTORNEY GENERAL TO ASSIST WITH PROCEEDINGS BROUGHT UNDER THIS CHAPTER; AND TO REAUTHORIZE THE STATE BOARD OF EXAMINERS IN PSYCHOLOGY FOR SIX YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4644 -- Rep. Corning: A BILL TO AMEND CHAPTER 5, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSTRUCTION AND RENOVATION OF PUBLIC BUILDINGS AND OTHER PROJECTS, BY ADDING ARTICLE 5 SO AS TO PROVIDE A PROCEDURE REQUIRING ANY PERSON ENTERING INTO A FORMAL CONTRACT WITH THE STATE OR ANY COUNTY, CITY, OR OTHER POLITICAL SUBDIVISION OR OTHER PUBLIC AUTHORITY FOR THE CONSTRUCTION OF A PUBLIC BUILDING, FOR THE PROSECUTION AND COMPLETION OF A PUBLIC WORK, OR FOR REPAIRS UPON A PUBLIC BUILDING OR PUBLIC WORK TO, PRIOR TO COMMENCING THE WORK, EXECUTE, DELIVER TO THE PUBLIC OWNER, AND RECORD IN THE PUBLIC RECORDS OF THE COUNTY WHERE THE IMPROVEMENT IS LOCATED A PAYMENT AND PERFORMANCE BOND WITH A SURETY INSURER AUTHORIZED TO DO BUSINESS IN THIS STATE AS SURETY.
Referred to Committee on Judiciary.
H. 4645 -- Rep. Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-70 SO AS TO PROHIBIT HUNTING GAME WITHIN ONE HUNDRED YARDS OF A RESIDENCE OR BUSINESS WITHOUT PERMISSION, PROVIDE PENALTIES AND EXCEPTIONS, AND DEFINE TERMS; TO REPEAL SECTION 50-11-355 RELATING TO HUNTING DEER NEAR RESIDENCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 4646 -- Rep. Davenport: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ONE PERSONAL MOTOR VEHICLE OWNED BY THE PARENT OR LEGAL GUARDIAN OF A HANDICAPPED CHILD IN THE TRANSPORTATION OF THE CHILD AND TO PROVIDE DEFINITIONS.
Referred to Committee on Ways and Means.
H. 4647 -- Rep. Keyserling: A JOINT RESOLUTION TO PROVIDE A THIRTY-DAY PERIOD FOR TAXPAYERS AFFECTED BY THE SETTLEMENT OF BASS VS. THE STATE OF SOUTH CAROLINA AND PERRI VS. THE STATE OF SOUTH CAROLINA TO FILE WITH THE DEPARTMENT OF REVENUE AND TAXATION IN ORDER TO RECEIVE AN INCOME TAX REFUND UNDER THE SAME TERMS AND CONDITIONS AS THOSE TAXPAYERS WHO ARE PARTIES OR WHO ARE MEMBERS OF THE CLASS REPRESENTED IN THESE LAWSUITS.
Referred to Committee on Ways and Means.
H. 4648 -- Reps. Cromer, J. Bailey, Corning, Gamble, Harrell, Harvin, Huff, Kirsh, Marchbanks, Meacham, Robinson, Rudnick, Simrill, R. Smith, Stone, Stuart, Waites, D. Wilder and A. Young: A BILL TO AMEND SECTION 55-5-70, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES AND POWERS OF THE AERONAUTICS DIVISION OF THE DEPARTMENT OF COMMERCE, SO AS TO PROVIDE THAT THE DIVISION HAS AUTHORITY OVER ALL PASSENGER AIRCRAFT OWNED BY THE STATE OR ITS DEPARTMENTS AND AGENCIES; TO PROVIDE THAT THE DIVISION STUDY TO EXAMINE FEASIBILITY AND COST SAVINGS OF PROVIDING SHUTTLE FLIGHTS IN STATE AIRCRAFT TO FREQUENTLY TRAVELED DESTINATIONS AND REPORT TO THE GENERAL ASSEMBLY BY JANUARY 1, 1995; AND TO REQUIRE THE DIVISION TO SELL THREE STATE AIRCRAFT.
Referred to Committee on Ways and Means.
H. 4649 -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-29-95 SO AS TO PROVIDE THAT BEGINNING WITH THE 1994-95 SCHOOL YEAR, APPLIED ACADEMIC COURSES IN MATHEMATICS, SCIENCE, AND COMMUNICATION SKILLS ARE CONSIDERED EQUIVALENT TO THOSE COURSES WHICH MEET PRECOLLEGE CURRICULUM REQUIREMENTS IN ORDER FOR APPLICANTS TO FOUR-YEAR POST-SECONDARY INSTITUTIONS TO RECEIVE ADVANCE STANDING OR CREDIT AT SUCH INSTITUTIONS.
Referred to Committee on Education and Public Works.
H. 4650 -- Rep. Rudnick: A BILL TO REQUIRE ALIENS AND AGENTS AND SERVANTS OF ALIENS WHO OWN REAL PROPERTY FOR THE BENEFIT OF ALIENS TO FILE A REPORT OF REAL PROPERTY OWNERSHIP WITH THE SECRETARY OF STATE AND TO PROVIDE FOR A PENALTY.
Referred to Committee on Judiciary.
H. 4651 -- Rep. Rudnick: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-15-60 SO AS TO PROVIDE THAT ALL ITEMS FOR SALE IN A GROCERY STORE OR SUPERMARKET MUST HAVE A PRICE TAG AFFIXED WHICH IS IN ARABIC NUMBERS AND VISIBLE TO THE PURCHASER.
Referred to Committee on Labor, Commerce and Industry.
H. 4652 -- Rep. Rudnick: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTIONS 1, 3, 8, AND 13, ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, AND OTHER COURTS OF UNIFORM JURISDICTION, SO AS TO PROVIDE THAT THE JUDGES OR JUSTICES OF THESE COURTS MUST BE ELECTED BY THE QUALIFIED VOTERS OF THIS STATE IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
Referred to Committee on Judiciary.
H. 4653 -- Rep. Snow: A BILL TO REPEAL SECTION 50-17-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION NUMBERS ON LICENSED SHRIMP TRAWLERS.
On motion of Rep. SNOW, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4654 -- Rep. Kirsh: A BILL TO REPEAL CHAPTER 29 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SUBVERSIVE ACTIVITIES REGISTRATION ACT".
Referred to Committee on Judiciary.
H. 4655 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME FOR PURPOSES OF THE STATE INDIVIDUAL INCOME TAX, SO AS TO ALLOW THE DEDUCTION OF RETIREMENT BENEFITS FROM A PUBLIC EMPLOYEE PENSION PLAN IN A STATE WHICH IMPOSES NO STATE INDIVIDUAL INCOME TAX.
Referred to Committee on Ways and Means.
H. 4656 -- Reps. T.C. Alexander, Allison, Barber, Baxley, H. Brown, Chamblee, Davenport, Fulmer, Gonzales, Hallman, J. Harris, Harwell, Hutson, Jennings, Keyserling, Kinon, Lanford, McAbee, McKay, Rudnick, Scott, D. Smith, Stoddard, Wells, Whipper, Wright, A. Young, Stuart and Wofford: A BILL TO PROVIDE THAT EACH INSURED COVERED FOR MENTAL, EMOTIONAL, OR NERVOUS DISORDERS OR CONDITIONS MUST BE ALLOWED TO SELECT THE PHYSICIAN OR CERTAIN OTHER SPECIFIED PROVIDER TO TREAT THE DISORDER OR CONDITION, AND REQUIRE THE INSURER TO PAY THE COVERED CHARGES UP TO THE LIMITS OF COVERAGE IF THE DISORDER OR CONDITION TREATED IS COVERED BY THE INSURANCE POLICY AND THE PHYSICIAN OR OTHER SPECIFIED PROVIDER IS LICENSED BY THE STATE.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 4657 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MS. FRANCES LORRAINE PARIS OF NEWBERRY FOR FORTY-FOUR YEARS OF DEDICATED SERVICE TO THE NEWBERRY PUBLIC SCHOOL SYSTEM AS DIRECTOR OF INSTRUMENTAL MUSIC.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Allison Anderson Bailey, J. Baker Barber Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Chamblee Clyborne Cobb-Hunter Cooper Corning Cromer Davenport Delleney Fair Farr Fulmer Gamble Graham Hallman Harrell Harrelson Harris, J. Harris, P. Harrison Haskins Hines Hodges Holt Hutson Inabinett Jaskwhich Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Koon Lanford Law Littlejohn Marchbanks Martin Mattos McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Richardson Riser Robinson Rudnick Scott Sharpe Sheheen Shissias Simrill Smith, D. Smith, R. Snow Spearman Stille Stoddard Stone Stuart Thomas Townsend Trotter Tucker Vaughn Waites Waldrop Walker Wells Whipper White Wilder, D. Wilder, J. Wilkins Williams Witherspoon Wofford Worley Wright Young, A. Young, R.
I came in after the roll call and was present for the Session on Tuesday, February 1.
Timothy F. Rogers George H. Bailey Harry R. Askins B. Hicks Harwell John G. Felder E.B. McLeod, Jr. Donald W. "Don" Beatty Stephen E. Gonzales Ralph W. Canty Larry L. Elliott William S. Houck, Jr. C. Lenoir Sturkie Jerry N. Govan, Jr. Thomas E. Huff C. Alex Harvin, III Joseph T. McElveen, Jr. Douglas Jennings, Jr. Timothy C. Wilkes
LEAVE OF ABSENCE
The SPEAKER granted Rep. COBB-HUNTER a leave of absence for the remainder of the day.
Rep. STURKIE 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, January 26.
Rep. FARR moved to adjourn debate upon the following Bill until Tuesday, February 8, which was adopted.
H. 4226 -- Rep. Farr: A BILL TO ESTABLISH A GOVERNING BODY FOR THE BUFFALO FIRE DISTRICT IN UNION COUNTY AND PROVIDE A PROCEDURE FOR THEIR ELECTION.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4600 -- Reps. Littlejohn, Walker, Allison, Davenport, D. Smith, Vaughn, Beatty, Lanford and D. Wilder: A BILL TO PROVIDE THAT THE ACTIONS TAKEN BY THE SPARTANBURG COUNTY BOARD OF EDUCATION IN REGARD TO ITS POWER AND DUTY OF CONSOLIDATING AND FIXING THE BOUNDARIES OF THE SEVERAL SCHOOL DISTRICTS WITHIN SPARTANBURG COUNTY AS PROVIDED BY LAW SHALL BE TAKEN WITH THE ADVICE AND CONSENT OF THE BOARD OF TRUSTEES OF ANY AFFECTED SCHOOL DISTRICT.
H. 4605 -- Reps. Wells, Allison, Littlejohn, D. Smith, Walker, Lanford and Davenport: A BILL TO PROVIDE THAT THE MEMBERS OF THE SPARTANBURG MEMORIAL AUDITORIUM COMMISSION MUST BE APPOINTED BY THE SPARTANBURG COUNTY COUNCIL PURSUANT TO SECTION 4-9-170 OF THE 1976 CODE.
H. 4542 -- Reps. Stuart, Sturkie, Gamble, Koon, Spearman and Riser: A BILL TO AMEND ACT 218 OF 1993, RELATING TO THE ELECTION OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS IN LEXINGTON COUNTY IN NONPARTISAN ELECTIONS, SO AS TO PROVIDE THAT ALL PERSONS DESIRING TO QUALIFY AS A CANDIDATE SHALL FILE WRITTEN NOTICE OF CANDIDACY WITH THE COUNTY ELECTION COMMISSION BY SEPTEMBER FIRST BUT NOT EARLIER THAN AUGUST FIRST OF THE YEAR IN WHICH THE ELECTION IS TO BE CONDUCTED.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3635 -- Rep. Stone: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-647 SO AS TO DESIGNATE THE TIGER SWALLOWTAIL AS THE OFFICIAL STATE BUTTERFLY.
Rep. LANFORD moved to adjourn debate upon the following Bill until Tuesday, February 8, which was adopted.
H. 4124 -- Rep. Gonzales: A BILL TO AMEND SECTION 5-7-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ORDINANCES FOR UPKEEP OF PROPERTY IN A MUNICIPALITY, SO AS TO PROVIDE THAT THE COST TO THE MUNICIPALITY FOR CORRECTING PROPERTY CONDITIONS IS A LIEN WITH THE SAME PRIORITY AS MUNICIPAL TAXES.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted.
H. 4140 -- Rep. Wilkins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 24-13-100, 24-13-150, AND 24-13-175 SO AS TO PROVIDE FOR ELIGIBILITY FOR WORK RELEASE, EARLY RELEASE, AND COMPENSATION OF TIME; TO AMEND SECTIONS 16-3-20, AS AMENDED, 16-3-625, 16-3-1260, 16-11-311, 16-11-330, AND 16-11-340, RELATING TO VARIOUS CRIMES AND OFFENSES, SO AS TO PROVIDE FOR TRUTH IN SENTENCING, DELETE ELIGIBILITY FOR PAROLE, AND PROVIDE A NAME CHANGE FOR THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES; AND TO REPEAL SECTIONS 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, AND 24-13-270, AND ARTICLE 7, CHAPTER 21, TITLE 24, RELATING TO WAGES OF PRISONERS, WORK RELEASE OF PRISONERS, AND COMPUTATION OF TIME FOR RELEASE OF PRISONERS.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 2, which was adopted.
H. 4350 -- Reps. Wilkins, M.O. Alexander, T.C. Alexander, Allison, Askins, J. Bailey, Baxley, Beatty, H. Brown, Carnell, Cato, Chamblee, Clyborne, Cooper, Cromer, Delleney, Elliott, Farr, Felder, Fulmer, Gamble, Gonzales, Graham, Hallman, P. Harris, Harrison, Harvin, Harwell, Haskins, Hines, Hodges, Hutson, Jennings, Keegan, Kinon, Kirsh, Klauber, Koon, Lanford, Law, Littlejohn, Marchbanks, Martin, Mattos, McAbee, McCraw, McKay, McTeer, Meacham, Neilson, Phillips, Quinn, Richardson, Riser, Robinson, Scott, Shissias, Simrill, R. Smith, D. Smith, Snow, Spearman, Stille, Stone, Stuart, Thomas, Trotter, Tucker, Vaughn, Waites, Waldrop, Walker, Whipper, D. Wilder, Wilkes, Witherspoon, Wright, A. Young, R. Young, Huff, Corning, Fair, Kelley, Davenport, Jaskwhich, Inabinett, Sharpe, J. Wilder, Harrell and Breeland: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFICKING IN COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH; TO AMEND SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION, SALE, MANUFACTURE, AND DISTRIBUTION OF ICE, CRANK, OR CRACK COCAINE, SO AS TO PROVIDE FOR A MANDATORY MINIMUM TERM OF IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR SUPERVISED FURLOUGH AND TO DEFINE PRIOR CONVICTIONS FOR PURPOSES OF SENTENCING; AND TO AMEND SECTION 16-1-60, AS AMENDED, RELATING TO THE LIST OF VIOLENT CRIMES, SO AS TO ADD TRAFFICKING IN CRACK COCAINE.
The following Bill was taken up.
H. 4391 -- Reps. Lanford, Harvin, Littlejohn, D. Wilder, Fulmer, Cromer, Allison, Inabinett, Wilkes, Waldrop, J. Brown and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-1-225 SO AS TO REQUIRE THE STATE TO FURNISH A BULLETPROOF VEST TO EACH LAW ENFORCEMENT OFFICER UPON SUCCESSFUL COMPLETION OF THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING SCHOOL PROGRAM.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, January 27, by Reps. LANFORD and BOAN.
Rep. LANFORD explained the amendment and moved to table the amendment, which was agreed to.
Reps. LANFORD and BOAN proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\17205ac.94), which was adopted.
Amend the bill, as and if amended, striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 23-1-225. (A) The South Carolina Criminal Justice Academy shall furnish a bulletproof vest to each law enforcement officer, as defined in Section 23-23-10, upon successful completion of the South Carolina Law Enforcement Training School Program, conducted pursuant to Chapter 23, and qualification as a law enforcement officer. However, the Criminal Justice Academy is not required to furnish a bulletproof vest to a law enforcement officer who would be provided a vest by the officer's employing agency. Upon termination of an officer's employment the bulletproof vest remains with the employing agency. However, if the vest was provided by the Criminal Justice Academy and it is not suitable for use by another officer of the employing agency, it must be returned to the Criminal Justice Academy.
(B) A law enforcement officer or a member of a law enforcement officer's family may not bring a civil action against the Criminal Justice Academy or the State or any of its political subdivisions for actual or punitive damages arising out of the provision of the vest. However, this does not apply to workers compensation or other benefits to which the officer or a member of the officer's family may be entitled by virtue of the officer's employment with the State or any of its political subdivisions. (C) The Criminal Justice Academy shall purchase vests as required by this section from existing funds of the agency."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LANFORD explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4421 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 38-73-470, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF THE UNINSURED MOTORIST PREMIUM, SO AS TO, AMONG OTHER THINGS, INCREASE THE AMOUNT OF THE PREMIUM TO BE USED TO PROVIDE FUNDS FOR THE COSTS OF ADMINISTERING THE PROVISIONS OF SECTION 38-73-738, RATHER THAN ARTICLE 3, CHAPTER 10, TITLE 56, AND PROVIDE FOR THE TRANSFER OF THIS PORTION OF THE PREMIUM TO THE DEPARTMENT OF INSURANCE, RATHER THAN THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-738 SO AS TO PROVIDE A PROCEDURE FOR THE DEPARTMENT OF INSURANCE TO ISSUE TO A FIRST TIME DRIVER'S LICENSE APPLICANT WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE A DRIVER TRAINING VOUCHER; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-75 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT A DRIVER'S LICENSE MUST NOT BE ISSUED TO A PERSON WHO IS AT LEAST FIFTEEN YEARS OF AGE BUT LESS THAN SEVENTEEN YEARS OF AGE UNTIL THE APPLICANT HAS PROVIDED EVIDENCE OF SATISFACTORY COMPLETION OF AN APPROVED DRIVER TRAINING COURSE AS PROVIDED IN SECTION 38-73-738.
Reps. SPEARMAN and COBB-HUNTER proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10866JM.94), which was adopted.
Amend the bill, as and if amended, by adding to Section 38-73-738, as contained in SECTION 2, immediately after line 30 on page 3, the following:
/(H) Notwithstanding any other provision of law, every driver training school licensed by the State must provide, for the value of the voucher presented, the required class as specified by the Department of Insurance for driver education program purposes, and, if an applicant as described in subsection (A) of this section fails to successfully complete the driver training course as described in this section, the applicant must be entitled, for purposes of the driver training voucher, to one makeup of the driver training course at no cost to him."/
Amend further, page 3, by striking /"/ after the period on line 30.
Amend title to conform.
Rep. SPEARMAN explained the amendment.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\BBM\10865JM.94), which was adopted.
Amend the bill, as and if amended, page 2, Section 38-73-738, as contained in SECTION 2, by striking subsection (B) on lines 24 and 25, and inserting:
/(B) The Director of the Department of Insurance is authorized to promulgate regulations to implement the provisions of (A), including setting the amount of the voucher under this section for the driver education schools licensed by and operating in this State./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
The amendment was then adopted.
Rep. STILLE proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\BBM\10877JM.94), which was adopted.
Amend the bill, as and if amended, Section 38-73-738, as contained in SECTION 2, by adding an appropriately-lettered subsection to read:
/( ) The Director of the Department of Insurance may temporarily suspend the program provided for in this section in any area of the State if he determines that sufficient numbers of certified teachers for the course are not available in a particular area./
Reletter subsections to conform.
Amend title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
Rep. J. BAILEY explained the Bill.
Rep. KIRSH raised the Point of Order that H. 4421 was out of order in compliance with Rule 4.4 as it appropriated funds and should have been referred to the Ways and Means Committee.
Rep. T.C. ALEXANDER stated that the funds were under the insurance premium and would not be appropriated by the State.
The SPEAKER stated that it did not impose a fee that would be collected and go in the General Fund but that it directly caused that fee to be collected by the Department of Insurance and to be used in the enforcement and administration of its programs and he sustained the Point of Order and ordered the Bill referred to the Ways and Means Committee.
Rep. WILKINS moved that when the House adjourns it adjourn to meet at 11:45 A.M. tomorrow, which was agreed to.
Rep. WILKINS moved that the House do now adjourn, which was adopted.
At 12:58 P.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of Frances M. Medlock of Waterloo, to meet at 11:45 A.M. tomorrow.
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