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:
Keep us steadfast, good Lord, in our discipleship teaching us that the race is not always to the swift, but to those who keep on running; that success is a journey, not a destination; that life does not require that we be the biggest or the best, but that we keep on trying. So keep our eyes focused on the goal of doing our best for the accomplishment of worthwhile things. Stay with us, we pray, to guide us in actions great and small. With purity of heart and singleness of purpose, may we first serve You, and then make of us instruments of service to our fellow-beings.
And to You, Lord God, shall be our thanksgiving and praise. 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. HASKINS moved that when the House adjourns, it adjourn in memory of William Walter Wilkins of Greenville, which was agreed to.
The following was received and referred to the appropriate committee for consideration.
Document No. 1846
Promulgated By LLR: Real Estate Commission
Teaching Methods
Received By Speaker April 10, 1995
Referred to House Committee on Labor, Commerce and Industry
120 Day Review Expiration Date March 16, 1996
Rep. TOWNSEND, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
S. 365 -- Senators Setzler, Stilwell, Cork, Moore, Lander, Courson and Leventis: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE CHAIRMAN IS SELECTED; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; AND TO AMEND SECTION 59-103-90, RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION.
Ordered for consideration tomorrow.
Rep. QUINN, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of The S.C. Victims Assistance Network, Adam Walsh Center and People Against Crime for a reception, April 27, 1995, 9:30 A.M.-12:15 P.M., in the lower lobby of the State House.
The invitation was accepted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3968 -- Education and Public Works Committee: A JOINT RESOLUTION TO DISAPPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO RELOCATABLE CLASSROOMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3975 -- Rep. Harrison: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-9-265 SO AS TO PROVIDE THAT CONTACTING A JUROR OR A PERSON ASSOCIATED WITH A JUROR OR IN THE PRESENCE OF A JUROR WHO HAS SERVED IN A CAPITAL OFFENSE PROCEEDING UNDER CERTAIN CIRCUMSTANCES IS A FELONY, TO PROVIDE CONDITIONS UPON WHICH A JUROR WHO HAS SERVED IN A CAPITAL OFFENSE PROCEEDING MAY BE CONTACTED, AND TO PROVIDE PENALTIES.
Referred to Committee on Judiciary.
H. 3976 -- Rep. Witherspoon: A BILL TO AMEND CHAPTER 9, TITLE 50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, SO AS TO REVISE CURRENT LAW TO PROVIDE FOR A UNIFORM SYSTEM OF LICENSING FOR FRESHWATER FISHERIES AND WILDLIFE; TO AMEND SECTION 50-11-2200, AS AMENDED, RELATING TO THE PROHIBITION ON HUNTING DEER ON WILDLIFE MANAGEMENT AREA LANDS, SO AS TO PROVIDE FOR A WILDLIFE MANAGEMENT AREA PROGRAM; TO AMEND SECTION 50-20-60, AS AMENDED, RELATING TO EXEMPTIONS FROM MARINE RECREATIONAL FISHING STAMP REQUIREMENTS, SO AS TO REVISE THE EXEMPTIONS; AND TO REPEAL SECTION 50-1-150 RELATING TO THE DISPOSITION OF HUNTING AND FISHING FINES, FORFEITURES, AND FEES, SECTION 50-11-2240 RELATING TO HUNTING DEER IN GAME MANAGEMENT AREAS IN GAME ZONE FIVE, AND SECTION 50-13-1140 RELATING TO THE AUTHORIZATION TO FISH FOR NONGAME FISH UNDER CERTAIN CIRCUMSTANCES.
Referred to Committee on Agriculture, Natural Resources and Environmental Affairs.
H. 3977 -- Rep. Davenport: A BILL TO AMEND ACT 172 OF 1969, RELATING TO THE NORTH SPARTANBURG AREA FIRE AND RESCUE DISTRICT BOARD OF FIRE AND RESCUE CONTROL, SO AS TO INCREASE THE MEMBERS ON THE BOARD FROM FIVE TO SEVEN AND TO PROVIDE FOR TERMS OF FOUR RATHER THAN SIX YEARS.
On motion of Rep. DAVENPORT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3978 -- Reps. Tucker, McAbee, Stoddard, Haskins and Robinson: A BILL TO AMEND SECTION 57-1-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT COMMISSIONERS SHALL CONTINUE TO SERVE UNTIL THEIR SUCCESSORS ARE ELECTED AND QUALIFY.
On motion of Rep. TUCKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3979 -- Reps. Tucker, P. Harris and Hutson: A BILL TO AMEND SECTION 25-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A COUNTY VETERANS AFFAIRS OFFICER, SO AS TO REQUIRE HIM TO BE A VETERAN.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3980 -- Reps. Kelley, Cooper, Townsend and Stille: A BILL TO AMEND TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAYS AND THE GOVERNANCE OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO ELIMINATE THE COMMISSION OF THE DEPARTMENT OF TRANSPORTATION AND REESTABLISH THE DEPARTMENT AS A CABINET AGENCY MANAGED BY A DIRECTOR APPOINTED BY THE GOVERNOR.
Referred to Committee on Education and Public Works.
H. 3981 -- Reps. Rogers, Scott and Neal: A BILL TO AMEND SECTION 7-7-465, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN RICHLAND COUNTY, SO AS TO REDESIGNATE THE PRECINCTS.
Referred to Richland Delegation.
H. 3982 -- Rep. Rogers: A BILL TO AMEND SECTIONS 4-9-1210 AND 5-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INITIATIVE AND REFERENDUM PROCEDURE AFFECTING COUNTY AND MUNICIPAL ORDINANCES, SO AS TO DELETE THE EXCEPTION OF AN ORDINANCE APPROPRIATING MONEY OR AUTHORIZING THE LEVY OF TAXES.
Referred to Committee on Judiciary.
H. 3983 -- Rep. Rogers: A BILL TO REPEAL CHAPTER 9, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT, DUTIES, AND RESPONSIBILITIES OF THE JAIL AND PRISON INSPECTION PROGRAM.
Referred to Committee on Judiciary.
H. 3984 -- Reps. Cotty, Sheheen, Baxley, Boan and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 25, TITLE 50, SO AS TO PROVIDE RESTRICTIONS FOR MOTORBOATS ON LAKE WATEREE.
On motion of Rep. SHEHEEN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3985 -- Reps. Richardson, Bailey, Simrill, Cato and Mason: A BILL TO AMEND SECTION 38-73-910, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE RATES, RATE-MAKING, AND RATE FILING AND NOTICE OF HEARING AS A PREREQUISITE TO THE GRANTING OF A RATE INCREASE AND EXCEPTIONS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE REQUIREMENTS OF PUBLIC NOTICES AND PUBLIC HEARINGS DO NOT APPLY TO APPLICATIONS FOR RATE INCREASES WHEN THE APPLICANT INSURER HAD EARNED PREMIUMS IN THIS STATE IN THE PREVIOUS CALENDAR YEAR OF LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT OR IF THE RATE INCREASE IS SOUGHT BY A RATING ORGANIZATION, THE EARNED PREMIUMS ON THIS STATE FOR ALL MEMBERS AND SUBSCRIBERS OF THE ORGANIZATION FOR WHOM AN INCREASE IS SOUGHT WERE LESS THAN TWO MILLION, RATHER THAN FIVE HUNDRED THOUSAND DOLLARS FOR THE PREVIOUS CALENDAR YEAR FOR THE LINE OR TYPE OF INSURANCE FOR WHICH THE RATE INCREASE IS SOUGHT.
Referred to Committee on Labor, Commerce and Industry.
H. 3986 -- Reps. Neal, Canty, Cave, Cobb-Hunter, Howard, Govan and Scott: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 4 TO TITLE 14 SO AS TO CREATE THE JUDICIAL MERIT SELECTION PANEL TO ASSIST THE GENERAL ASSEMBLY IN THE SELECTION OF JUSTICES AND JUDGES FOR VACANCIES IN THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, FAMILY COURT, AND THE ADMINISTRATIVE LAW JUDGE DIVISION, TO PROVIDE FOR THE MEMBERSHIP OF THE PANEL, TO PROVIDE THE PROCEDURES FOR THE NOMINATION AND ELECTION OF CANDIDATES FOR THESE JUDICIAL OFFICES; TO PROHIBIT SITTING MEMBERS OF THE GENERAL ASSEMBLY, MEMBERS OF THEIR FAMILY WITHIN THE SECOND DEGREE, AND THEIR LAW PARTNERS OR ASSOCIATES OF THEIR LAW FIRM FROM SUBMITTING APPLICATIONS TO THE PANEL OR BEING ELECTED BY THE GENERAL ASSEMBLY TO SUCH JUDICIAL OFFICES; TO REPEAL SECTIONS 2-19-70 AND 2-19-80 OF THE 1976 CODE RELATING TO PLEDGING AND OTHER PROCEDURAL MATTERS REGARDING JUDICIAL ELECTIONS; AND TO PROVIDE THAT THE ABOVE PROVISIONS ARE CONTINGENT UPON RATIFICATION OF AN AMENDMENT TO ARTICLE V OF THE CONSTITUTION OF THIS STATE ESTABLISHING A JUDICIAL MERIT SELECTION PANEL WHOSE NOMINATIONS AND FINDINGS FOR THESE JUDICIAL OFFICES ARE BINDING ON THE GENERAL ASSEMBLY.
Referred to Committee on Judiciary.
H. 3987 -- Reps. Townsend and Cooper: A BILL TO AMEND SECTION 56-3-670, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR FARM TRUCK LICENSES, SO AS TO PROVIDE THAT THE FEES APPLY TO THE GROSS VEHICLE WEIGHT AND TO REVISE THE FEES.
Referred to Committee on Education and Public Works.
S. 686 -- Transportation Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-3-112 SO AS TO ELIMINATE THE REQUIREMENT OF NOTARIZATION ON FORMS OR DOCUMENTS CONTAINED IN CHAPTERS 3, 15, 16, AND 19 OF TITLE 56 AND ARTICLE 5, CHAPTER 17 OF TITLE 31; TO AMEND SECTION 16-21-20, RELATING TO THE MISUSE OF A MOTOR VEHICLE CERTIFICATE OF TITLE, REGISTRATION CARD, OR LICENSE PLATE, THE FAILURE TO DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION, AND FILING A FRAUDULENT APPLICATION FOR A MOTOR VEHICLE TITLE OR REGISTRATION, SO AS TO REVISE THE PERIOD A PERSON MUST DELIVER A MOTOR VEHICLE CERTIFICATE OF TITLE OR APPLICATION TO THE DEPARTMENT OF REVENUE AND TAXATION; TO AMEND SECTION 56-19-370, RELATING TO THE PROCEDURES FOR THE VOLUNTARY TRANSFER OF A MOTOR VEHICLE CERTIFICATE OF TITLE WHEN A DEALER PURCHASES A MOTOR VEHICLE FOR RESALE, SO AS TO REVISE THE PERIOD THE TRANSFER OF THE CERTIFICATE OF TITLE MUST BE COMPLETED TO AVOID SENDING THE CERTIFICATE OF TITLE TO THE DEPARTMENT OF REVENUE.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 3969 -- Reps. Scott, Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Wilkins, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION TO CONGRATULATE MRS. SANDRA R. LEATHERWOOD OF ST. MARTIN DE PORRES CATHOLIC SCHOOL IN COLUMBIA UPON BEING NOMINATED FOR THE NATIONAL AWARD OF "OUTSTANDING TEACHER OF MATH AND SCIENCE" AND TO EXPRESS APPRECIATION FOR HER MANY YEARS OF DEDICATED SERVICE TO THE CATHOLIC SCHOOL SYSTEM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3970 -- Reps. Allison, Anderson, Askins, Bailey, Baxley, Beatty, Boan, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Cain, Canty, Carnell, Cato, Cave, Chamblee, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Elliott, Fair, Felder, Fleming, Fulmer, Gamble, Govan, Hallman, Harrell, J. Harris, P. Harris, Harrison, Harvin, Harwell, Haskins, Herdklotz, Hines, Hodges, Howard, Huff, Hutson, Inabinett, Jaskwhich, Jennings, Keegan, Kelley, Kennedy, Keyserling, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Limbaugh, Limehouse, Littlejohn, Lloyd, Marchbanks, Martin, Mason, McAbee, McCraw, McElveen, McKay, McMahand, McTeer, Meacham, Moody-Lawrence, Neal, Neilson, Phillips, Quinn, Rhoad, Rice, Richardson, Riser, Robinson, Rogers, Sandifer, Scott, Seithel, Sharpe, Sheheen, Shissias, Simrill, D. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Thomas, Townsend, Tripp, Trotter, Tucker, Vaughn, Waldrop, Walker, Wells, Whatley, L. Whipper, S. Whipper, White, Wilder, Wilkes, Williams, Witherspoon, Wofford, Worley, Wright, A. Young and J. Young: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY OF SOUTH CAROLINA TO THE FRIENDS AND FAMILY OF WILLIAM WALTER WILKINS, SR., FATHER OF OUR SPEAKER OF THE HOUSE OF REPRESENTATIVES, DAVID H. WILKINS, WHO DIED ON FRIDAY, APRIL 7, 1995.
Whereas, the members of the General Assembly were saddened to learn that William Walter Wilkins, Sr., Father of our Speaker, David H. Wilkins, died Friday, April 7, 1995; and
Whereas, Mr. Wilkins, founder of the Wilkins Law Firm in 1946, located in Greenville, and was senior partner there until he retired in 1992; and
Whereas, as a World War II veteran, Mr. Wilkins served his country ably in the United States Navy from 1942 until 1945; and
Whereas, he and nine colleagues founded the Greenville County American Legion Fair Association in 1947, where Mr. Wilkins served as Chairman from 1947 until 1991; and
Whereas, in 1992, former Governor Carroll A. Campbell, Jr., bestowed the state's highest honor, the Order of the Palmetto, to Mr. Wilkins; and
Whereas, Mr. Wilkins unselfishly served his community in leadership roles: Past President of the Greenville County Bar Association, Member of the South Carolina Bar, Past Commander of Post Number 3 of the American Legion, Past Master of the Walden Masonic Lodge, Goodfellows Club, United Way, and a benefactor of Greenville Technical College; and
Whereas, William Walter Wilkins, Sr., in 1992, was recognized for his contributions to his community by being the recipient of the Mayors' Achievement Award and was chosen American Legionnaire of the Year, Post Number 3, in 1980; and
Whereas, Mr. Wilkins, along with inspiring his family, set an example few could match; and
Whereas, his presence will be sorely missed by all those with whom he came in contact; and
Whereas, the condolences of the members of the General Assembly are extended to Mr. Wilkins' widow, Mrs. Evelyn Horton Wilkins, and the other members of the Wilkins' family. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina extend their deepest sympathy to the family and many friends of William Walter Wilkins, Sr., Distinguished Veteran, Public Servant, and Community Leader.
Be it further resolved that a copy of this resolution be forwarded to the family of William Walter Wilkins, Sr.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. STUART, with unanimous consent, the following was taken up for immediate consideration:
H. 3971 -- Rep. Stuart: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE SWANSEA HIGH SCHOOL "LADY TIGERS" VARSITY BASKETBALL TEAM AND COACH ON WEDNESDAY, MAY 10, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the Swansea High School "Lady Tigers" Varsity Basketball Team and Coach Gina Cook be extended the privilege of the floor of the House of Representatives on Wednesday, May 10, 1995, at a time to be determined by the Speaker, for the purpose of being recognized on winning the 1995 Class AA State Championship.
The Resolution was adopted.
The following was introduced:
H. 3972 -- Rep. Stuart: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE SWANSEA HIGH SCHOOL "LADY TIGERS" VARSITY BASKETBALL TEAM UPON WINNING THE 1995 CLASS AA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
On motion of Rep. KLAUBER, with unanimous consent, the following was taken up for immediate consideration:
H. 3973 -- Reps. Klauber, Carnell, McAbee and Stille: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE GREENWOOD HIGH SCHOOL "LADY EAGLES" VARSITY BASKETBALL TEAM, 1995 STATE CHAMPIONS, AND THE TEAM'S COACHES AND PRINCIPAL ON THURSDAY, APRIL 20, 1995, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED ON WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP.
Be it resolved by the House of Representatives:
That the Greenwood High School "Lady Eagles" Varsity Basketball Team and the team's coaches and principal be extended the privilege of the floor of the House of Representatives on Thursday, April 20, 1995, at a time to be determined by the Speaker, for the purpose of being recognized on winning the 1995 Class AAAA State Championship.
The Resolution was adopted.
The following was introduced:
H. 3974 -- Reps. Klauber, Carnell, McAbee and Stille: A CONCURRENT RESOLUTION EXTENDING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO THE GREENWOOD HIGH SCHOOL "LADY EAGLES" VARSITY BASKETBALL TEAM AND COACHES FOR A TRULY OUTSTANDING SEASON BY WINNING THE 1995 CLASS AAAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The roll call of the House of Representatives was taken resulting as follows.
Allison Anderson Askins Bailey Baxley Beatty Boan Breeland Brown, H. Brown, J. Cain Canty Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harris, J. Harris, P. Harrison Harvin Haskins Herdklotz Hines Hodges Hutson Inabinett Jennings Keegan Kelley Kennedy Keyserling Kinon Kirsh Klauber Knotts Koon Lanford Law Limbaugh Limehouse Littlejohn Lloyd Marchbanks Martin Mason McAbee McCraw McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Richardson Riser Robinson Rogers Sandifer Scott Seithel Sheheen Shissias Simrill Smith, D. Smith, R. Spearman Stille Stoddard Stuart Thomas Townsend Tripp Trotter Tucker Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Wright Young, A. Young, J.
I came in after the roll call and was present for the Session on Tuesday, April 11.
Harold G. Worley Michael F. Jaskwhich Grady A. Brown B. Hicks Harwell Robert W. Harrell, Jr. Thomas E. Huff Leon Howard Theodore A. Brown Alma W. Byrd
DOCTOR OF THE DAY
Announcement was made that Dr. Daniel W. Davis of Columbia is the Doctor of the Day for the General Assembly.
On motion of Rep. Sharpe, the House stood in silent prayer for the family of Mr. William Walter Wilkins, father of Speaker David Wilkins.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3952 -- Rep. McAbee: A BILL TO ESTABLISH THE BOARD OF ELECTION AND REGISTRATION FOR MCCORMICK COUNTY, TO ABOLISH THE OFFICE OF COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD FOR MCCORMICK COUNTY, AND DEVOLVE THE POWERS AND DUTIES OF THE COMMISSIONERS OF ELECTION AND THE REGISTRATION BOARD UPON THE BOARD OF ELECTION AND REGISTRATION, PROVIDE FOR APPROPRIATIONS FOR THE OPERATION OF THE BOARD, PROVIDE FOR NECESSARY OFFICE SPACE, TELEPHONE SERVICE, AND EQUIPMENT FOR THE BOARD, AND TO PROVIDE THAT THE CURRENT MEMBERS OF THE MCCORMICK COUNTY ELECTION COMMISSION AND THE MCCORMICK COUNTY REGISTRATION BOARD SHALL ACT AS THE GOVERNING COMMISSION OF THE NEW MCCORMICK COUNTY BOARD OF ELECTION AND REGISTRATION UNTIL THE MEMBERS OF THE NEW BOARD 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.
H. 3301 -- Reps. L. Whipper, Neilson, Askins, Inabinett, Hines, Govan, Harvin, Harwell, Lloyd, Phillips, Moody-Lawrence, Breeland, Neal, Williams, Byrd, S. Whipper, Canty, Cave, Richardson, Beatty and Wilkes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-180 SO AS TO AUTHORIZE A STATE EMPLOYEE WHO IS A CERTIFIED DISASTER SERVICE VOLUNTEER FOR THE AMERICAN RED CROSS NOT MORE THAN FIFTEEN DAYS PAID LEAVE IN A YEAR TO PARTICIPATE IN SPECIALIZED DISASTER RELIEF SERVICES OF THE AMERICAN RED CROSS AND TO MAKE SUCH LEAVE AVAILABLE ONLY WITH THE APPROVAL OF THE EMPLOYEE'S EMPLOYER.
H. 3558 -- Reps. White and McTeer: A BILL TO AMEND SECTION 20-7-1410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF FAMILY COURT JUDGES FOR EACH JUDICIAL CIRCUIT, SO AS TO PROVIDE THAT NO COUNTY IN THE FOURTEENTH CIRCUIT AS WELL AS THE SIXTH CIRCUIT SHALL HAVE MORE THAN ONE RESIDENT FAMILY COURT JUDGE, AND TO PROVIDE THAT THIS PROVISION SHALL NOT PRECLUDE THE REELECTION OF ANY INCUMBENT FAMILY COURT JUDGE IF THIS WOULD RESULT IN MORE THAN ONE RESIDENT FAMILY COURT JUDGE FROM A PARTICULAR COUNTY IN THESE CIRCUITS.
Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.
H. 3578 -- Reps. Wilkins, McMahand, Tripp, Haskins, Walker, Littlejohn, Allison, Rice, Easterday, D. Smith, Davenport, Jaskwhich, Herdklotz, Wells, Lanford, Cato and Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-3-15 AND 55-11-185 SO AS TO PROVIDE THAT THE REAL PROPERTY OWNED BY AN AIRPORT DISTRICT COMPRISED OF MORE THAN ONE COUNTY MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GOVERNING BODY OF THE DISTRICT, AND PROVIDE THAT THE REAL PROPERTY OWNED BY THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT MAY NOT BE ANNEXED BY A MUNICIPALITY WITHOUT PRIOR WRITTEN APPROVAL OF THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION.
Rep. CATO moved to adjourn debate upon the following Bill until Wednesday, April 12, which was adopted.
H. 3604 -- Reps. Wilkins, McMahand, Herdklotz, Haskins, Littlejohn, Wells, Rice, Jaskwhich, D. Smith, Tripp, Walker, Davenport, Fair, Allison, Lanford and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 55-11-220 SO AS TO CREATE AN AIRPORT ENVIRONS AREA WITHIN THE GREENVILLE-SPARTANBURG AIRPORT DISTRICT AND PROVIDE THAT AN AIRPORT ENVIRONS AUTHORITY IS CREATED AND CONFERRED CERTAIN POWERS TO ENSURE COMPATIBLE LAND USE OF PROPERTY IN THE ENVIRONS AREA, PROVIDE FOR THE COMPOSITION OF THE AUTHORITY, AND PROVIDE THAT IF THERE IS A CONFLICT BETWEEN THE POWERS CONFERRED ON THE AUTHORITY AND OTHER REGULATIONS APPLICABLE TO THE SAME AREA, THE PROVISIONS CONFERRED TO THE AUTHORITY PURSUANT TO THE PROVISIONS OF THIS ACT CONTROL.
The following Bill was taken up.
S. 463 -- Senator Passailaigue: A BILL TO AMEND SECTIONS 38-55-310 AND 38-55-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BUSINESS OF INSURANCE, SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS EMPLOYED BY LICENSED FUNERAL HOMES MAY ACT AS AGENTS FOR LIFE INSURERS ONLY IN CONNECTION WITH PRENEED FUNERAL CONTRACTS; TO AMEND SECTION 32-7-25 OF THE 1976 CODE, RELATING TO PRENEED FUNERAL CONTRACTS, SO AS TO FURTHER REGULATE PRENEED FUNERAL CONTRACT AGREEMENTS; AND TO AMEND CHAPTER 7, TITLE 32 OF THE 1976 CODE, BY ADDING SECTION 32-7-95 SO AS TO PROVIDE THAT LICENSED FUNERAL DIRECTORS ARE SUBJECT TO THE PROHIBITIONS AGAINST SOLICITATION AND ADVERTISEMENT WHEN ACTING AS AN AGENT FOR A LIFE INSURER.
Rep. TRIPP moved to commit the Bill to the Committee on Labor, Commerce and Industry.
Rep. SANDIFER moved to table the motion, which was agreed to by a division vote of 32 to 26.
Reps. RICHARDSON, TRIPP, VAUGHN, EASTERDAY, HERDKLOTZ, McABEE, COOPER, SEITHEL, LIMEHOUSE, J. YOUNG, TOWNSEND, STILLE and CARNELL objected to the Bill.
The following Bill was taken up.
H. 3907 -- Agriculture, Natural Resources and Environmental Affairs Committee: A BILL TO AMEND TITLE 44, CHAPTER 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HAZARDOUS WASTE, BY ADDING ARTICLE 4 SO AS TO PROVIDE FOR DRYCLEANING FACILITY DISCHARGE REHABILITATION, TO CREATE THE DRYCLEANING FACILITY RESTORATION TRUST FUND AND PROVIDE FOR ITS USES, TO ESTABLISH PROCEDURES FOR RECEIVING SITE REHABILITATION FUNDS, TO REQUIRE DRYCLEANING FACILITIES TO REGISTER AND PAY FEES, TO ESTABLISH SURCHARGES FOR CONDUCTING A DRYCLEANING BUSINESS OR FOR PRODUCING OR IMPORTING DRYCLEANING SOLVENTS, AND TO ESTABLISH THE DRYCLEANING ADVISORY COUNCIL AND TO PROVIDE FOR ITS MEMBERSHIP AND DUTIES.
Reps. RICE and ASKINS proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\GJK\21695AC.95).
Amend the bill, as and if amended, by inserting at the end of SECTION 1 of the bill:
/"Section 44-56-500. A drycleaning facility is exempt from the registration fees required by Section 44-56-470 and the surcharges imposed pursuant to Section 44-56-480 if the facility:
(1) provides the department with documentation, as required by the department, demonstrating the facility's financial ability to carry out all treatment, restoration, replacement, and rehabilitation requirements of this article for a contaminated drycleaning facility site and for all future liability resulting from the contamination;
(2) provides a one hundred fifty thousand dollar irrevocable letter of credit;
(3) utilizes prevention, spill, containment and treatment, restoration, replacement, and rehabilitation methods and procedures approved by the department."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. ASKINS explained the amendment.
Reps. SIMRILL, TUCKER, KIRSH, TOWNSEND, NEAL, LIMBAUGH, WALDROP, FLEMING, HERDKLOTZ and ELLIOTT objected to the Bill.
The following Bill was taken up.
H. 3694 -- Reps. Wright, Allison, Bailey, Byrd, Cooper, Fulmer, Harrell, J. Harris, Hodges, Keegan, Kelley, Knotts, Koon, Lanford, Limehouse, Mason, McMahand, Meacham, Phillips, Sharpe, Shissias, Stuart, Townsend, Walker, Wilder, Wofford, Kennedy, Cain and Stille: A BILL TO AMEND SECTION 56-5-6540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR AND ENFORCEMENT OF VIOLATIONS OF THE MANDATORY USE OF SEAT BELTS PROVISION, SO AS TO DELETE THE PROVISION THAT BOTH REQUIRES A VIOLATION NOT TO CONSTITUTE NEGLIGENCE PER SE OR CONTRIBUTORY NEGLIGENCE AND NOT BE ADMISSIBLE AS EVIDENCE IN A CIVIL ACTION.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 6, by the Committee on Education and Public Works.
Rep. WRIGHT explained the amendment.
Reps. BAXLEY, J. YOUNG, THOMAS, JENNINGS, S. WHIPPER, HARVIN and DELLENEY objected to the Bill.
Rep. TOWNSEND moved to adjourn debate upon the following Bill until Tuesday, April 18, which was adopted.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION 59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO AS TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH PROCEDURES FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND FOUR-YEAR INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60, RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE BUDGET AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND CONTROL BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED BY THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO PROVIDE THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO CREATE A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND STRUCTURE OF HIGHER EDUCATION IN SOUTH CAROLINA.
The following Joint Resolution was taken up.
H. 3242 -- Reps. Anderson, McMahand and Breeland: A JOINT RESOLUTION REQUIRING THE CHIEF INSURANCE COMMISSIONER TO RECOMMEND TO THE GENERAL ASSEMBLY LEGISLATIVE CHANGES THAT WILL ENCOURAGE A GREATER NUMBER OF INSURANCE COMPANIES TO OPERATE IN THIS STATE IN SUCH A MANNER AS TO FOSTER BROAD-BASED COMPETITION IN THE MARKET PLACE AND RESULT IN REDUCED PREMIUMS FOR THE STATE'S CONSUMERS.
Rep. RICHARDSON explained the Joint Resolution.
Rep. KIRSH moved to adjourn debate upon the Joint Resolution until Wednesday, April 12, which was adopted.
The following Bill was taken up.
H. 3733 -- Reps. Elliott, Inabinett, G. Brown, Neilson, Hines, Cain, Wright, Lloyd, Littlejohn, Jaskwhich, T. Brown, Govan, Stoddard, Bailey, Jennings, Rhoad, Phillips, Meacham, Kinon, Davenport and Chamblee: A BILL TO AMEND SECTION 27-40-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO ADD CERTAIN LANGUAGE TO THE DEFINITION OF "FAIR-MARKET RENTAL VALUE", AND ADD A DEFINITION FOR "SECURITY DEPOSIT"; TO AMEND SECTION 27-40-240, RELATING TO NOTICE PROVISIONS UNDER THE RESIDENTIAL LANDLORD AND TENANT ACT, SO AS TO, AMONG OTHER THINGS, CLARIFY CERTAIN REFERENCES, AND DELETE THE REFERENCE TO A REPEALED CODE SECTION; TO AMEND SECTION 27-40-530, RELATING TO TENANT OBLIGATIONS AND ACCESS, SO AS TO PROVIDE THAT A TENANT MAY NOT CHANGE LOCKS ON THE DWELLING UNIT WITHOUT THE PERMISSION OF THE LANDLORD; TO AMEND SECTION 27-40-610, RELATING TO TENANT REMEDIES AND NONCOMPLIANCE BY THE LANDLORD IN GENERAL, SO AS TO PROVIDE THAT THE TENANT MAY RECOVER ACTUAL DAMAGES AND OBTAIN INJUNCTIVE RELIEF IN A MAGISTRATE'S OR CIRCUIT COURT, WITHOUT POSTING BOND, FOR "UNREASONABLE" RATHER THAN "ANY" NONCOMPLIANCE BY THE LANDLORD WITH THE RENTAL AGREEMENT OR SECTION 27-40-440; TO AMEND SECTION 27-40-650, RELATING TO TENANT REMEDIES AND FIRE OR CASUALTY DAMAGE, SO AS TO PROVIDE THAT AN ACCOUNTING FOR RENT IN THE EVENT OF TERMINATION OR APPORTIONMENT MUST BE MADE AS OF THE DATE OF THE FIRE OR CASUALTY UNLESS THE FIRE OR CASUALTY WAS DUE TO THE TENANT'S NEGLIGENCE OR CAUSED BY THE TENANT; TO AMEND SECTION 27-40-720, RELATING TO LANDLORD REMEDIES AND NONCOMPLIANCE AFFECTING HEALTH AND SAFETY, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT THE TENANT SHALL REIMBURSE THE LANDLORD FOR CERTAIN COSTS; TO AMEND SECTION 27-40-730, RELATING TO LANDLORD REMEDIES FOR ABSENCE, NONUSE, AND ABANDONMENT OF A DWELLING UNIT, SO AS TO PROVIDE THAT IF THE TENANT HAS VOLUNTARILY TERMINATED THE UTILITIES AND THERE IS AN UNEXPLAINED ABSENCE OF A TENANT AFTER DEFAULT IN PAYMENT OF RENT, ABANDONMENT IS CONSIDERED IMMEDIATE AND THE FIFTEEN-DAY RULE DOES NOT APPLY; AND TO AMEND SECTION 27-40-790, RELATING TO THE RESIDENTIAL LANDLORD AND TENANT ACT AND THE PAYMENT OF RENT INTO COURT, SO AS TO DELETE THE WORD "JUDGMENT" AND REPLACE IT WITH THE WORD "DECISION".
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10073JM.95), which was adopted.
Amend the bill, as and if amended, by striking SECTION 5 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. ELLIOTT explained the amendment.
Rep. COTTY objected to the Bill.
The amendment was then adopted.
Rep. ELLIOTT explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. SHEHEEN moved that the House do now adjourn, which was adopted.
At 12:55 P.M. the House in accordance with the motion of Rep. HASKINS adjourned in memory of William Walter Wilkins of Greenville, to meet at 10:00 A.M. tomorrow.
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