Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Reverend Tom Holroyd, pastor of Few's Chapel United Methodist Church and Jackson Grove Church in Greer, S.C. as follows:
O Lord Our God, our prayer this day, in this place, reflects the awe and wonder of the Psalmist: Whither shall I go from thy Spirit? Though we go to the uttermost parts of the earth we cannot hide from You. In houses of worship, in halls of government, in the routine of our daily lives, in the unexpected crises, in the busy activities we pursue, and in the secret place of our souls, You seek us and search us and know us and love us.
We can then, O Lord, with awe and with assurance, invoke and acknowledge Your presence in this House of Representatives, State of South Carolina, affirming our belief that in our deliberations You will give us guidance, in our disagreements You will teach us tolerance, and in our determination to serve the citizens of our state wisely and well, You will grant us Your compassion and Your direction. So bless with Your mercies, we pray, this day and all of their days, the officers and members of this assembly. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United State: Or America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
May 12, 1987
The Honorable Lois T. Shealy
Clerk of the South Carolina
House of Representatives (Doc. No. 845)
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on May 12, 1987 regulations concerning Explosives from the State Budget and Control Board (State Fire Marshal).
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received. Columbia, S. C., May 12, 1987
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 512:
S. 512 -- Senators Bryan, Thomas E. Smith, Jr Hayes and Peeler: A JOINT RESOLUTION TO PROVIDE THAT APPROPRIATIONS IN SECTION 4 OF PART I OF ACT 540 OF 1986, THE GENERAL APPROPRIATIONS ACT, FOR COMMITMENTS, ADMISSIONS, AND DISCHARGES TO MENTAL HEALTH FACILITIES BE EXPENDED UNDER THE PROVISIONS OF CHAPTER 52 OF TITLE 44 OF THE 1976 CODE.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. KAY, from the Committee on Abbeville Delegation, submitted a favorable report, on:
S. 754 -- Senator Powell: A BILL TO PROVIDE THAT THE TERMS OF ALL SCHOOL TRUSTEES IN ABBEVILLE COUNTY MUST COMMENCE ON THE FIRST DAY OF JULY FOLLOWING THE TRUSTEES' ELECTION RATHER THAN THE TIME SPECIFIED IN SECTION 59-19-315 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
On motion of Rep. KAY, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 754 -- Senator Powell: A BILL TO PROVIDE THAT THE TERMS OF ALL SCHOOL TRUSTEES IN ABBEVILLE COUNTY MUST COMMENCE ON THE FIRST DAY OF JULY FOLLOWING THE TRUSTEES' ELECTION RATHER THAN THE TIME SPECIFIED IN SECTION 59-19-315 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976.
The Bill was read the second time and ordered to third reading.
On motion of Rep. KAY, with unanimous consent, it was ordered that S. 754 be read the third time tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2464 -- Reps. McEachin and Nettles: A BILL TO AMEND SECTION 56-1-1090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST HABITUAL TRAFFIC OFFENDERS BEING ISSUED A LICENSE TO OPERATE A MOTOR VEHICLE FOR A PERIOD OF FIVE YEARS UNLESS THIS PERIOD IS OTHERWISE REDUCED BY A COURT, SO AS TO PERMIT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF THE COURT TO REDUCE THE REQUIRED PROHIBITION PERIOD UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2860 -- Reps. Keyserling, Sheheen, Beasley, J. Rogers, M.O. Alexander, Arthur, G. Bailey, K. Bailey, Barfield, Baxley, Bennett, Boan, G. Brown, J. Brown, R. Brown, Carnell, Cooper, Dangerfield, Day, Edwards, Elliott, Faber, Ferguson, Foster, Gentry, Gilbert, Gregory, P. Harris, Harvin, Hayes, Hendricks, Hodges, Holt, Huff, J.C. Johnson, J.W. Johnson, Kay, Kirsh, Lockemy, D. Martin, L. Martin, Mattos, McAbee, McBride, McEachin, McElveen, McGinnis, McKay, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Petty, L. Phillips, Rhoad, Rice, T. Rogers, Rudnick, Shelton, Short, Snow, Stoddard, Taylor, Toal, Townsend, Tucker, Waldrop, Washington, Whipper, White, Wilder, Jones, McLellan, T.C. Alexander and J. Harris: A BILL TO AMEND SECTIONS 7-9-70 AND 7-13-351, BOTH AS AMENDED, 7-11-30, AND 7-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT STATE AND COUNTY CONVENTIONS DURING A GENERAL ELECTION YEAR TO NOMINATE CANDIDATES FOR PUBLIC OFFICE MUST BE HELD NO LATER THAN THE SECOND TUESDAY IN JUNE, TO PROVIDE THAT NOMINEES BY PETITION FOR GENERAL ELECTIONS BE PLACED ON THE BALLOT NO LATER THAN THE SECOND TUESDAY IN JUNE, AND TO PROVIDE THAT THE OFFICIAL NUMBER OF REGISTERED ELECTORS FOR NOMINATION BY PETITION IS THE NUMBER REGISTERED IN THE AREA ONE HUNDRED EIGHTY DAYS PRIOR TO THE DATE OF ELECTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 166 -- Senator Holland: A BILL TO AMEND SECTION 7-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR HANDICAPPED PERSONS AS A QUALIFICATION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 553 -- Judiciary Committee: A BILL TO AMEND ARTICLE 3 of CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-325 SO AS TO PROVIDE THAT THE NAME OF ANY CANDIDATE AUTHORIZED TO APPEAR ON ANY BALLOT IN ANY GENERAL, SPECIAL, OR PRIMARY ELECTION FOR ANY OFFICE MAY BE THE CANDIDATE'S GIVEN NAME, A DERIVATIVE OF HIS GIVEN NAME, OR A NICKNAME, TO PROVIDE FOR A PROCEDURE FOR THE USE OF A DERIVATIVE NAME OR A NICKNAME ON THE BALLOT, AND TO AUTHORIZE THE STATE ELECTION COMMISSION TO PROMULGATE REGULATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 554 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES TO BE FOLLOWED WHEN THE QUALIFICATIONS OF AN ELECTOR ARE CHALLENGED, SO AS TO CLARIFY THE PROCEDURE FOR COUNTING BALLOTS UNSUCCESSFULLY CHALLENGED.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 555 -- Judiciary Committee: A BILL TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 7, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BALLOTS FOR GENERAL AND SPECIAL ELECTIONS, BY ADDING SECTION 7-13-355 SO AS TO PROVIDE THAT NO QUESTION MAY BE SUBMITTED TO THE QUALIFIED ELECTORS IN A REFERENDUM HELD AT THE TIME OF A GENERAL ELECTION UNLESS THE QUESTION IS SUBMITTED TO THE APPROPRIATE ELECTION COMMISSION NO LATER THAN 12:00 NOON ON SEPTEMBER FIRST.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 578 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIRED PROCEDURE WHEN A VOTER HAS BEEN CHALLENGED, SO AS TO PROVIDE FOR THE RESULTS WHEN EVIDENCE IS OFFERED AND NOT OFFERED TO SUSTAIN AN OBJECTION TO A VOTE; THE CERTIFICATION PROCEDURE THAT MUST BE FOLLOWED BY THE BOARD OF REGISTRATION WHEN A PERSON WHOSE NAME IS NOT ON THE REGISTRATION BOOK IS ALLOWED TO VOTE A CHALLENGED BALLOT; AND FOR AN ADMINISTRATIVE CHALLENGE IF THE PERSON CHALLENGED IS NOT A QUALIFIED ELECTOR.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2518 -- Rep. Ogburn: A BILL TO AMEND SECTION 56-11-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MINIMUM MEDICAL, HOSPITAL, AND DISABILITY BENEFITS, PROOF OF LOSS OF INCOME, AND SUBROGATION OR ASSIGNMENT OF BENEFITS UNDER THE AUTOMOBILE REPARATION REFORM ACT OF 1974, SO AS 10 PERMIT ASSIGNMENTS TO HOSPITALS, PHYSICIANS, OR OTHER MEDICAL PROVIDERS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, Rep. HEARN, for the minority, submitted an unfavorable report, on:
H. 2655 -- Reps. Kohn, J. Bradley and Winstead: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS BY ADDING SECTION 38-9-390 SO AS TO PROVIDE THAT AN INSURANCE COMPANY'S RESERVES SET ASIDE FOR LOSSES AND INCURRED BUT NOT REPORTED LOSSES MAY NOT BE CONSIDERED WHEN DETERMINING WHETHER OR NOT THE INSURANCE COMPANY IS ENTITLED TO A RATE INCREASE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 2978 -- Reps. T.M. Burriss and J.H. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3034 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-9-380, SO AS TO PROHIBIT AN INSURER OF ACCIDENT AND HEALTH INSURANCE FROM DELAYING PAYMENT OF A VALID AND PROPERLY COMPLETED CLAIM BEYOND TWENTY-ONE WORKING DAYS AFTER RECEIPT THEREOF BY THE INSURER, TO REQUIRE INTEREST ON CLAIMS ON WHICH PAYMENT IS DELAYED BEYOND THIS PERIOD, AND TO AUTHORIZE THE AWARD OF ATTORNEY'S FEES, COURT COSTS, AND A MONETARY PENALTY ON THESE CLAIMS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 424 -- Banking and Insurance Committee: A BILL TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE REGULATIONS WHICH REQUIRE EACH INSURER LICENSED TO WRITE PROPERTY AND CASUALTY INSURANCE IN THIS STATE, TO SUBMIT CERTAIN INFORMATION AND SUPPLEMENTAL REPORTS RELATING TO ITS WRITINGS IN THIS STATE AND THE UNITED STATES; TO PROVIDE FOR, AMONG OTHER THINGS, THE FORM, COVERAGE, AND CONTENTS OF THE SUPPLEMENTAL REPORT; TO REQUIRE THE CHIEF INSURANCE COMMISSIONER ANNUALLY TO COMPILE AND REVIEW ALL REPORTS SUBMITTED PURSUANT TO THIS ACT; AND TO PROVIDE THAT THE INFORMATION SUBMITTED MUST BE PUBLISHED AND MADE AVAILABLE TO INTERESTED INSUREDS OR CITIZENS, AND TO PROVIDE CIVIL PENALTIES FOR INSURERS WHO FAIL TO COMPLY WITH THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 593 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DECLARATION OF PURPOSE FOR THE REGULATION OF AUTOMOBILE INSURANCE IN SOUTH CAROLINA, SO AS TO FURTHER PROVIDE FOR THIS DECLARATION OF PURPOSE; TO AMEND SECTION 38-37-320, RELATING TO AUTOMOBILE INSURANCE RISK CLARIFICATION PLANS SO AS TO PROVIDE FOR AN INEXPERIENCED DRIVER'S RISK CLASSIFICATION PLAN TO BE ESTABLISHED BY THE CHIEF INSURANCE COMMISSIONER ON MARCH 1, 1988; TO AMEND SECTION 38-37-930, RELATING TO AFFILIATED INSURERS, SO AS TO REVISE THE PROVISIONS OF THE SECTION TO ESTABLISH THOSE CONDITIONS UNDER WHICH APPLICANTS OR POLICYHOLDERS QUALIFY FOR THE BASE RATE OR THE HIGHER OBJECTIVE STANDARDS RATE AND TO REGULATE WHAT RATES MAY BE UTILIZED BY MEMBER COMPANIES OF AN AFFILIATED GROUP OF AUTOMOBILE INSURERS; TO AMEND SECTION 56-11-140, RELATING TO COVERAGE LIMITATIONS, SO AS TO DELETE REFERENCES TO COLLISION COVERAGE; TO AMEND ARTICLE 5, CHAPTER 37 OF TITLE 38, RELATING TO RISK CLASSIFICATION PLANS AND REQUIRED INSURANCE, BY ADDING SECTION 38-37-315 SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO WRITE INSURANCE FOR ANY APPLICANT WHO DOES NOT HAVE A VALID SOUTH CAROLINA DRIVER'S LICENSE AND TO PROVIDE EXCEPTIONS; TO AMEND ARTICLE 9, CHAPTER 37 OF TITLE 38, RELATING TO THE SOUTH CAROLINA REINSURANCE FACILITY, BY ADDING SECTIONS 38-37-785, 38-37-795, 38-37-800, AND 38-37-810, SO AS TO REQUIRE EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE WITH THE CHIEF INSURANCE COMMISSIONER PRIOR TO OCTOBER 1, 1987, A BASE RATE AND AN OBJECTIVE STANDARDS RATE, AND TO PROVIDE THAT THOSE RATES ARE EFFECTIVE MARCH 1, 1988, UNDER CERTAIN CONDITIONS; TO PROVIDE FOR A FACILITY RECOUPMENT CHARGE ON CERTAIN BASE RATES, PROVIDE THE FORMULA FOR ITS ANNUAL CALCULATION, AND PROVIDE FOR THE CLASSIFICATION AND USE OF RECOUPMENT CHARGES; TO AMEND ARTICLE 11, CHAPTER 37 OF TITLE 38, RELATING TO UNLAWFUL ACTS FOR PURPOSES OF AUTOMOBILE INSURANCE, BY ADDING SECTION 38-37-935, SO AS TO PROVIDE FOR THE WRITING OF COLLISION AND COMPREHENSIVE COVERAGE, DEDUCTIBLE AMOUNTS, CIRCUMSTANCES WHERE AN INSURER MAY REFUSE TO WRITE SUCH COVERAGE, TERMS OF SALE, AND CESSION TO THE REINSURANCE FACILITY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 605 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO WRITTEN AGREEMENTS WITH LICENSED AUCTION FIRMS, DESIGNATED AS REGULATION DOCUMENT NUMBER 738, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF-THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 606 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO AUCTION FIRM LICENSE, DESIGNATED AS REGULATION DOCUMENT NUMBER 791, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 736 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO BURGLAR ALARM SYSTEM BUSINESS LICENSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 805, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2786 -- Rep. Lewis: A BILL TO AMEND SECTION 11-5-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2850 -- Reps. McAbee, Williams, Carnell, Harvin, Faber, Elliott, Nesbitt, Taylor, Cooper, Blanding, P. Harris, Washington, Rhoad, Beasley, Whipper, Winstead, Gilbert, J. Brown, J. Rogers, Shelton, Gordon, Wells, McGinnis, O. Phillips, Ferguson, Petty, Day, Baxley and Arthur: A BILL TO AMEND SECTIONS 9-9-40, 9-9-60, 9-9-65, AND 9-9-66, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY, SO AS TO CHANGE THE RETIREMENT AGE UNDER THE SYSTEM FROM SIXTY TO FIFTY-FIVE, AND TO MAKE THE SIMILAR CHANGE IN CERTAIN CROSS-REFERENCED AREAS OF CHAPTER 9 OF TITLE 9.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2868 -- Reps. Evatt, Beasley and Hayes: A BILL TO AMEND SECTION 12-7-2416, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHECK-OFF CONTRIBUTION FOR THE CHILDREN'S TRUST FUND APPEARING ON THE STATE INDIVIDUAL TAX RETURN, SO AS TO REQUIRE THE CHECK-OFF ON ALL STATE INCOME TAX RETURNS AND TO DELETE THE REFERENCES TO THE SPECIFIC LANGUAGE OF THE CHECK-OFF APPEARING ON THE RETURN.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2960 -- Rep. Toal: A BILL TO AMEND SECTIONS 31-6-70, 31-6-80, 31-6-100, AND 31-6-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAX INCREMENT FINANCING FOR REDEVELOPMENT PROJECTS SO AS TO CHANGE THE BASE YEAR FOR CALCULATING THE INCREMENT FROM THE YEAR BEFORE THE BONDS ARE ISSUED TO THE YEAR IN WHICH THE PLAN IS ADOPTED BY THE MUNICIPALITY; PROVIDE THAT OBLIGATIONS MUST BE DIVIDED IN A CERTAIN MANNER AFTER THEY ARE RETIRED; PROVIDE THAT IN ORDER FOR A MUNICIPALITY TO DERIVE THE BENEFIT OF THE FIVE-YEAR INCREMENT, IT MUST TAKE AFFIRMATIVE ACTION; REQUIRE THE ESTIMATED TERM OF BONDS ISSUED TO FINANCE THE REDEVELOPMENT PLAN BE STATED IN A NOTICE TO VARIOUS TAXING DISTRICTS; SUBSTITUTE THE COUNTY AUDITOR FOR THE COUNTY ASSESSOR AS THE PROPER OFFICIAL TO CERTIFY THE ASSESSED VALUE OF THE PROPERTY WITHIN THE REDEVELOPMENT PROJECT; AND AUTHORIZE A MUNICIPALITY TO AVAIL ITSELF OF ANY POWERS GRANTED UNDER PROVISIONS OF LAW WHICH PROVIDE FOR THE FINANCING OF WATER AND SEWER SYSTEMS INSTEAD OF AUTHORIZING THE REVENUES FROM THESE SYSTEMS TO BE PLEDGED TO SECURE THE BONDS ISSUED UNDER THE PROVISIONS OF CHAPTER 6 OF TITLE 31 (TAX INCREMENT FINANCING LAW).
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 2997 -- Reps. P. Harris, Carnell, J. Harris and Aydlette: A BILL TO AMEND SECTION 8-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR PERMANENT FULL-TIME STATE EMPLOYEES WHO ARE TEMPORARILY DISABLED BY AN INMATE, PATIENT, OR CLIENT, SO AS TO LIMIT THE LEAVE TO ONE HUNDRED EIGHTY DAYS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 718 -- Senators McConnell, Fielding and Branton: A Bill TO AMEND ACT 762 OF 1976, RELATING TO AUTHORIZING THE STATE COLLEGE BOARD OF TRUSTEES TO ISSUE SPECIAL OBLIGATION BONDS FOR THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE PROCEEDS TO BE USED TO REFUND BONDS OR OTHER OBLIGATIONS ISSUED TO DEFRAY THE COSTS OF ACQUIRING FACILITIES IMPROVEMENTS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 720 -- Senators McConnell, Fielding and Branton: A BILL TO AMEND ACT 1281 of 1970, AS AMENDED, RELATING TO AUTHORIZING THE ISSUANCE OF STUDENT AND FACULTY HOUSING REVENUE BONDS OF THE COLLEGE OF CHARLESTON, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS AND PERMIT THE ISSUANCE OF BONDS TO REFUND BONDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3134 -- Rep. Harvin: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA COASTAL COUNCIL NOT TO APPROVE THE PROPOSED HOUSING DEVELOPMENT NEAR CHARLESTON THAT COULD SERIOUSLY AFFECT THE HOME OF CHARLES PINCKNEY, A NATIVE SON OF SOUTH CAROLINA, AN OUTSTANDING PATRIOT, AND ONE OF THE SIGNERS OF THE UNITED STATES CONSTITUTION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 3135 -- Rep. Harvin: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 347, RELATING TO AUTOMOBILE TRANSPORTER UNITS, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING ALL OTHER SPECIAL ORDERS PENDING ON THIS DATE AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 347 UNTIL SECOND READING OR OTHER DISPOSITION.
The Resolution was ordered referred to the Committee on Rules.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3136 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 20-1-205, 20-1-222, 20-1-224, 20-1-226, AND 20-1-228; AND TO AMEND SECTIONS 20-1-210, 20-1-220, 20-1-230, 20-1-240, 20-1-280, 20-1-290, AND 20-1-300, RELATING TO MARRIAGE LICENSES, SO AS TO PROVIDE FOR THE REQUIREMENT OF A PHYSICIAN'S CERTIFICATE DETAILING A PREMARITAL MEDICAL EXAMINATION INCLUDING LABORATORY TESTS FOR SEXUALLY TRANSMITTED DISEASES INCLUDING ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS), PROVIDE CIRCUMSTANCES UNDER WHICH A LICENSE MUST NOT BE ISSUED, PROVIDE EXCEPTIONS, PROVIDE FOR REGULATIONS PROMULGATED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, REQUIRE INFORMATION ON SEXUALLY TRANSMITTED DISEASES TO BE PROVIDED TO LICENSE APPLICANTS, AND PROVIDE PENALTIES.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 710 -- Senators Lourie, J. Verne Smith, Courson, Branton, Macaulay, Mitchell, Bryan, Wilson, Setzler, Giese, Nell W. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2946 SO AS TO REQUIRE INVESTIGATION BY LOCAL LAW ENFORCEMENT AGENCIES, THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, AND THE ALCOHOLIC BEVERAGE CONTROL COMMISSION OF TRAFFIC-RELATED DEATHS OF PERSONS UNDER THE ACE OF TWENTY-ONE WHERE USE OF ALCOHOLIC BEVERAGES IS SUSPECTED TO BE A CAUSE.
Referred to Committee on Judiciary.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, T.M. Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Ferguson Foxworth Gilbert Harris, J. Harris, P. Haskins Hawkins Hayes Helmly Hendricks Holt Huff Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lewis Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Stoddard Sturkie Taylor Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilkins Williams Winstead
I came in after the roll call and was present for the Session on Wednesday, May 13, 1987.
J.T. McElveen Larry Blanding Derial Ogburn Marion Carnell Denny Neilson Donna Moss Jack Gregory Joyce Hearn Mickey Burriss Olin R. Phillips William H. Jones Joe Wilder James C. Johnson John J. Snow, Jr. Samuel R. Foster Alex Harvin, III Charles R. Sharpe Robert A. Kohn John H. Burriss Larry Gentry Paul Short Ken Bailey T.W. Edwards James Hodges Tom Limehouse
STATEMENT OF ATTENDANCE
Reps. LIMEHOUSE, McELVEEN and STURKIE signed a statement with the Clerk that they came in after the roll call and were present for the Session on Thursday, May 7, 1987.
The SPEAKER granted Rep. SIMPSON a leave of absence for today and tomorrow.
Announcement was made that Daniel W. Davis of Columbia, is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 1, Rep. WILKINS having the floor.
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, May 7, by the Committee on Judiciary.
Rep. WILKINS moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Joint Resolution.
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Baxley Beasley Blackwell Blanding Boan Bradley, P. Brown, G. Brown, H. Brown, J. Burriss, T.M. Carnell Chamblee Clyborne Cork Corning Dangerfield Davenport Day Derrick Elliott Evatt Faber Fair Ferguson Harris, J. Haskins Hawkins Hayes Helmly Hendricks Huff Johnson, J.W. Kay Kirsh Klapman Lewis Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Nesbitt Pearce Pettigrew Rhoad Rice Rogers, J. Rogers, T. Rudnick Sheheen Shelton Stoddard Thrailkill Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilkins
Those who voted in the negative are:
So, the Joint Resolution was read the second time and ordered to third reading.
The following Bill was taken up.
H. 2444 -- Rep. McLellan: A BILL TO AMEND SECTION 40-75-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS FOR LICENSURE, AND RELATED MATTERS, UNDER THE PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY THERAPIST LICENSING ACT, SO AS TO PROVIDE THAT, FOLLOWING THE RECEIPT OF A QUALIFYING DEGREE, APPLICANTS FOR THE LICENSE OF "LICENSED MARITAL AND -FAMILY THERAPIST" SHALL, IN ADDITION TO OTHER QUALIFICATIONS, HAVE HAD TWO YEARS OF FULL-TIME WORK EXPERIENCE WHICH INCLUDES TWO HUNDRED HOURS OF SUPERVISION OF WHICH ONE HUNDRED HOURS MUST HAVE BEEN INDIVIDUAL SUPERVISION IN THE PRACTICE OF MARITAL AND FAMILY THERAPY; AND TO AMEND SECTION 40-75-110, RELATING TO THE ISSUANCE OF A LICENSE UNDER THE SAME ACT, SO AS TO PROVIDE THAT THE ADMINISTERING BOARD SHALL ISSUE A LICENSE TO ANY QUALIFIED APPLICANT WHO, AMONG OTHER THINGS, PASSES A BOARD-APPROVED, RATHER THAN A BOARD-CONDUCTED, EXAMINATION.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, May 12, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HAWKINS moved to adjourn debate upon the following Bill until Tuesday, May 19, which was adopted.
S. 367 -- Senator Drummond: A BILL TO REAUTHORIZE THE STATE BOARD OF MEDICAL EXAMINERS FOR SIX YEARS; AMEND SECTION 40-47-25, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REPRESENTATION OF PHYSICIANS' ASSISTANTS AT MEETINGS OF THE BOARD, SO AS TO DELETE THE PROVISION AUTHORIZING A REPRESENTATIVE OF THE SOUTH CAROLINA ACADEMY OF PHYSICIANS' ASSISTANTS TO ATTEND BOARD MEETINGS AND SPEAK TO MATTERS AFFECTING PHYSICIANS' ASSISTANTS AND PROVIDE THAT THE BOARD SHALL APPOINT A PHYSICIAN'S ASSISTANTS' ADVISORY COMMITTEE, PROVIDE FOR ITS COMPOSITION, TERMS, AND POWERS, AND PROVIDE THAT THE BOARD MAY AUTHORIZE INDIVIDUAL PHYSICIANS TO SUPERVISE UP TO TWO PHYSICIANS' ASSISTANTS AND PROVIDE EXEMPTIONS; AND TO AMEND SECTION 40-47-90, RELATING TO ELIGIBILITY REQUIREMENTS TO APPEAR BEFORE THE BOARD FOR EXAMINATION, SO AS TO DELETE THE REQUIREMENTS THAT PERSONS APPEAR BEFORE THE BOARD BUT MAY BE REQUIRED TO APPEAR IF DETERMINED BY THE BOARD.
The following Bill was taken up.
H. 2929 -- Rep. Blackwell: A BILL TO AMEND CHAPTER 1, TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GENERAL PROVISIONS REGARDING PUBLIC OFFICERS AND EMPLOYEES, BY ADDING SECTION 8-1-130 SO AS TO PROVIDE A PROCEDURE FOR FILLING A VACANCY IN ANY BOARD, COMMISSION, COMMITTEE, OR OTHER ENTITY, WHOSE DUTIES ARE PRESCRIBED BY LAW, WHEN THERE IS NO PROVISION FOR FILLING THE VACANCY.
Rep. BLACKWELL proposed the following Amendment No. 1.
Amend as and if amended, by adding under Section 8-1-30:
"Whenever a vacancy is to be filled only by election; and there are more than sixty days until the next general election, the vacancy must be filled by the Governor with the advice and consent of the Senate until the next general election.
If less than 60 days remain until the general election when the vacancy occurs, the office must remain vacant. until a successor is elected at that general election and qualifies for the remainder of the term."
Rep. BLACKWELL explained the amendment.
Reps. J. BRADLEY, HOLT and WHIPPER objected to the Bill.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 2966 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 27-31-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONTENTS OF THE MASTER DEED OR LEASE IN A HORIZONTAL PROPERTY REGIME, SO AS TO ADD A NEW REQUIREMENT THAT ANY RESTRICTION OR LIMITATION ON THE LEASE OF A UNIT MUST BE IN THE MASTER DEED OR LEASE.
Rep. J.C. JOHNSON explained the Bill.
H. 3009 -- Rep. Toal: A BILL TO AMEND SECTION 57-9-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ABANDONMENT OR CLOSING OF STREETS, ROADS, OR HIGHWAYS, SO AS TO PROVIDE THAT WHEN A STREET, ROAD OR HIGHWAY IS ABANDONED OR CLOSED THE PERSON IN WHOM TITLE IS VESTED SHALL PAY AN AMOUNT TO BE DETERMINED BY A COURT OF COMPETENT JURISDICTION AND THAT THE AMOUNT SO PAID BE DEPOSITED WITH THE TREASURER OF THE COUNTY WHERE THE PROPERTY IS LOCATED.
Rep. TOAL explained the Bill.
S. 361 -- Senator Bryan: A BILL TO AMEND SECTION 15-78-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF INSURANCE BY GOVERNMENTAL ENTITIES PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO PROVIDE THAT A POLITICAL SUBDIVISION OF THIS STATE MAY PROCURE ITS TORT, AUTOMOBILE, PROPERTY, OR CASUALTY INSURANCE, OR ANY CONTINUATION THEREOF, FROM THE STATE BUDGET AND CONTROL BOARD; AND TO AMEND SECTION 15-78-150, AS AMENDED, RELATING TO THE PURCHASE OF LIABILITY INSURANCE BY THE BUDGET AND CONTROL BOARD, SO AS TO PROVIDE THAT THE BOARD IN SETTING INSURANCE PREMIUMS FOR GOVERNMENTAL ENTITIES SHALL RATE EACH PARTICIPATING EMPLOYEE OF THE GOVERNMENTAL ENTITY ACCORDING TO THE RISK INVOLVED WITH THAT PARTICIPANT.
Rep. TOAL explained the Bill.
S. 650 -- Senators Nell W. Smith, Hayes, Moore, Mitchell, Bryan, Lindsay, Thomas E. Smith, Jr, Holland, Shealy, Martin, Dennis, Williams, Land, Patterson, Pope, Courson, McGill, Powell, Giese, Macaulay, Lourie, Doar, J. Verne Smith, Garrison, Horace C. Smith, Waddell, McConnell, Peeler, Hinson, Lee, Saleeby, Applegate, Stilwell, Matthews, Setzler, Drummond, Wilson, Thomas and Branton: A BILL TO AMEND CHAPTER 7, ARTICLE 9, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT, BY ADDING SECTION 20-7-1335 SO AS TO ALLOW A FIRST TIME NONVIOLENT JUVENILE OFFENDER TO PETITION THE FAMILY COURT FOR THE DESTRUCTION OF HIS JUVENILE RECORD UNDER CERTAIN CONDITIONS.
S. 671 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND CHAPTER 11, TITLE 21, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIDUCIARIES GENERALLY, BY ADDING SECTION 21-11-5 SO AS TO PROTECT BENEFICIARIES FROM CONFLICTS OF INTERESTS OF TRUSTEES THAT MAY ARISE IF TRUSTEES PARTICIPATE IN DECISIONS TO MAKE DISCRETIONARY DISTRIBUTIONS OF INCOME OR PRINCIPAL TO THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, AND TO PROTECT THEMSELVES WHEN MAKING DISCRETIONARY ALLOCATIONS IN THEIR FAVOR OF RECEIPTS AND EXPENSES BETWEEN INCOME AND PRINCIPAL.
Rep. TOAL explained the Bill.
The following Bill was taken up.
S. 604 -- Senators Pope, Lee, Giese, Horace C. Smith, Holland, Hinson and J. Verne Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 5-25-60 SO AS TO PROVIDE THAT NO MEMBER OF A FIRE DEPARTMENT IS CONSIDERED TO BE A DUAL OFFICEHOLDER, BY VIRTUE OF SERVING AS A MEMBER, FOR THE PURPOSES OF THE CONSTITUTION.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 4338Y), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Article 1 of Chapter 25 of Title 5 of the 1976 Code is amended by adding:
"Section 5-25-60. any member of a lawfully and regularly organized fire department, county veterans affairs officer, constable, or municipal judge serving as attorney for another city is not considered to be a dual officeholder, by virtue of serving in that capacity, for the purposes of the Constitution of this State."/
Amend title to conform.
Rep. TOAL 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. 2391 -- Reps. Pearce, Thrailkill, Washington, Harvin and Whipper: A BILL TO REPEAL ITEM (34) OF SECTION 12-35-550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXEMPTION FROM THE SALES TAX OF THE CROSS PROCEEDS FROM THE SALE OR RESALE OF ANY VACATION TIME SHARING LEASE PLAN AS PROVIDED BY CHAPTER 32 OF TITLE 27.
Rep. PEARCE explained the Bill.
Rep. KIRSH moved to commit the Bill to the Committee on Ways and Means.
Rep. HEARN moved to table the motion.
Rep. J. BRADLEY raised the Point of Order that the motion to table was out of order as the member was not in her seat when the motion was made.
The SPEAKER sustained the Point of Order.
Rep. McTEER raised the Point of Order that the Bill affects revenue, therefore it must be referred to the Committee on Ways and Means.
The SPEAKER stated under Rule 5.1, all bills which appropriate revenue must be referred to the Committee on Ways and Means, however the Bill does not appropriate revenue, therefore he overruled the Point of Order.
Rep. CARNELL raised the Point of Order that the Bill was out of order as it did not have a Fiscal Impact Statement attached.
The SPEAKER sustained the Point of Order and ruled the Bill out of order until such time as a Fiscal Impact Statement was attached.
Rep. KIRSH moved to commit the Bill to the Committee on Ways and Means.
Rep. L. MARTIN raised the Point of Order that the motion to commit the Bill was out of order as the Bill was no longer before the House for consideration.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 2588 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 1, CHAPTER 9, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONDUCT OF INSURANCE BUSINESS, BY ADDING SECTION 38-9-385 SO AS TO PROVIDE THAT EFFECTIVE JULY 1, 1988, ALL INSURANCE ADJUSTERS MUST BE LICENSED BY THE DEPARTMENT OF INSURANCE, TO PROVIDE THE QUALIFICATIONS FOR LICENSURE INCLUDING PASSAGE OF AN EXAMINATION AND THE REQUIRED FEES THEREFOR, TO PROVIDE THAT THE EXAMINATIONS DEVELOPED BY THE DEPARTMENT OF INSURANCE FOR THIS PURPOSE MUST BE SUBMITTED TO THE APPROPRIATE STANDING COMMITTEES OF EACH HOUSE OF THE GENERAL ASSEMBLY FOR COMMENT AND REVIEW PRIOR TO USE, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6137k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Article 1, Chapter 9, Title 38 of the 1976 Code is amended by adding:
"Section 38-9-385. (A) Effective July 1, 1988, all insurance adjusters engaged in the conduct of adjusting insurance claims in this State as this is defined by the Department of Insurance must be licensed by the department. To be eligible for an insurance adjuster's license, an applicant must be at least eighteen years of age, pay the necessary fees, and pass an examination prepared and administered by the department. The applicant when applying for licensure shall pay a nonrefundable application fee of twenty-five dollars, and upon successful completion of the examination shall pay an annual license fee of one hundred dollars. The license year begins on July first of a particular year and ends June thirtieth of the following year. Licenses may be revoked for cause by the department after hearing.
(B) Any person who for compensation engages in insurance claims without the required license is guilty of a misdemeanor and upon conviction must be punished by a fine not exceeding five ten thousand dollars. or by imprisonment for a term not exceeding five years, or both. In addition, the chief operating officer of any insurer, company, or corporation which employed the unlicensed person convicted of a violation of this section is subject to the same penalty and if this employer is an insurance company authorized to do business in this State, its authority to do business in South Carolina must may be revoked for a period of one year by the Chief Insurance Commissioner.
(C) The examinations developed by the Department of Insurance pursuant to this section must be submitted to the appropriate standing committees of each House of the General Assembly for comment and review prior to use. These examinations when submitted are not subject to disclosure pursuant to the Freedom of Information Act.
(D) In the event of a catastrophe where there are insufficient licensed adjusters in South Carolina to handle claims expeditiously, non-resident adjusters will be permitted to enter South Carolina to handle the adjustments arising out of the catastrophe without being required to be licensed in South Carolina, provided that the adjuster exhibits evidence of an adjuster's license in his home state and remains in South Carolina only for the period necessary to assist in the adjustments. The Department will determine and announce when an emergency or catastrophe exists and also will determine and announce the expiration of the period of emergency or catastrophe."
SECTION 2. Chapter 49 of Title 38 of the 1976 Code is repealed."
SECTION 2 3. This act takes effect upon approval by the Governor.
Rep. J. BRADLEY 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. 2593 -- Reps. M.D. Burriss, Hearn and Pearce: A BILL TO AMEND ACT 430 OF 1986, RELATING TO CERTAIN EXEMPTIONS FROM THE PROVISIONS OF THE FIRE PROTECTION SPRINKLER SYSTEMS ACT, SO AS TO PROVIDE THAT THIS FIRE PROTECTION SPRINKLER SYSTEMS ACT DOES NOT APPLY TO LICENSED PLUMBING CONTRACTORS INSTALLING STANDPIPES AND RELATED BRANCH LINES TO FIRE HOSE CABINETS OR TO LICENSED UTILITY CONTRACTORS INSTALLING UNDERGROUND WATER MAINS, HYDRANT MAINS, AND FIRE HYDRANTS WITHIN FIVE FEET OF THE BUILDING EXTERIOR.
Rep. BLACKWELL objected to the Bill.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6124k).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 13A of Act 430 of 1986 is amended to read:
"Section 13A. The provisions of this chapter do not apply to licensed mechanical contractors performing emergency repair work on existing fire protection sprinkler systems or existing water spray systems or existing water foam systems where the labor cost of the work does not exceed one thousand dollars or to persons engaged in the planning, installation, repair, alteration, addition, maintenance, or inspection of a fire protection sprinkler system or water spray system or water foam system on their own property or that of their normal employer.
The provisions of this chapter also do not apply to plumbing contractors holding a Class 3 unlimited license installing standpipes and related branch lines to fire hose cabinets or to utility contractors holding a Class 3 unlimited license installing underground water mains, hydrant mains, and fire hydrants to within five feet of the building exterior."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. HEARN explained the amendment.
Rep. KLAPMAN objected to the Bill.
Rep. HEARN continued speaking.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1.
Rep. L. MARTIN moved that the House recur to the morning hour, which was not agreed to.
The Conference Report on the following Bill was taken up.
S. 397 -- Senator Peeler: A BILL TO AMEND SECTION 12-27-400, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISTRIBUTION AND USE OF CERTAIN GASOLINE TAX REVENUE SO AS TO INCREASE FROM TWENTY-FIVE TO FIFTY PERCENT THE AMOUNT OF A COUNTY'S APPORTIONMENT OF "C" CONSTRUCTION FUNDS WHICH MAY BE EXPENDED FOR ROCKING OR IMPROVING COUNTY ROADS AND FOR STREET AND TRAFFIC SIGNS.
Rep. McTEER moved to adjourn debate upon the Conference Report until Tuesday, May 19, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 2742 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 50-17-1620 AND 50-17-1621, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING SHRIMP BY CAST NET OVER BAIT, SO AS TO ESTABLISH A SEASON FOR TAKING SHRIMP IN BAITED AREAS, PROVIDE FOR THE ISSUANCE OF SHRIMP BAITING PERMITS, PRESCRIBE THEIR USE, AND THE FEE FOR THEIR ISSUANCE; TO ESTABLISH A CATCH LIMIT AND A POSSESSION LIMIT; AND TO INCREASE PENALTIES.
Debate was resumed on Amendment No. 13, which was proposed on Tuesday, May 12, by Rep. FOXWORTH.
Rep. FOXWORTH explained the amendment.
Rep. DANGERFIELD made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 2012 -- Rep. Kay: A BILL TO AMEND SECTION 39-55-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO CEMETERY LAWS, SO AS TO PROVIDE THAT CHURCH CEMETERIES ARE EXEMPT EXCEPT AS PROVIDED IN SECTION 39-55-300 AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-55-300 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.
Rep. KAY proposed the following Amendment No. 2 (Doc. No. 4755Y).
Amend the bill, as and if amended, by striking in Section 29-55-300 as contained in SECTION 2 beginning on line 41 /keep the money in a separate bank account/ and inserting /account for the money separately/.
Amend title to conform.
Rep. KAY explained the amendment.
Rep. HARVIN insisted upon the Special Orders of the day.
Further proceedings were interrupted by Special Orders being insisted upon, the pending question being consideration of Amendment No. 2, Rep. KAY having the floor.
The following Bill was taken up.
H. 2368 -- Reps. Sheheen, Barfield, Boan, Elliott, Hayes, Huff, J.W. Johnson, Keyserling, Lewis, D. Martin, Pearce, J. Rogers, Sharpe, Shelton, Snow, Taylor, Toal, McLellan, Short, Gentry, Evatt, McGinnis, Hodges, M.O. Alexander, T. Rogers, O. Phillips, McEachin, H. Brown, J.W. McLeod, Gregory, Klapman, Nesbitt, Helmly, Baxley, McCain, Wilder and Felder: A BILL TO ENACT THE LOCAL GOVERNMENT FINANCE ACT AUTHORIZING COUNTIES TO LEVY, WITHIN LIMITS, LOCAL SALES AND USE TAXES; TO ALLOW COUNTIES AND MUNICIPALITIES TO LEVY, WITHIN LIMITS, LOCAL INCOME TAXES OR LOCAL OPTION OCCUPATIONAL TAXES, LOCAL MOTOR VEHICLE LICENSE TAXES, LOCAL ADMISSIONS TAXES; TO REQUIRE THAT AN ADVISORY REFERENDUM MUST BE CONDUCTED PRIOR TO THE IMPLEMENTATION BY THE COUNTY OF THE LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE CHARGES FOR COIN-OPERATED DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO LEVY A LOCAL OPTION COIN-OPERATED DEVICE TAX; AND TO REPEAL SECTIONS 56-3-430 AND 56-3-440 RELATING TO PROHIBITING MUNICIPALITIES WITH POPULATIONS BETWEEN FIFTY-FIVE THOUSAND AND SEVENTY THOUSAND FROM CHARGING INSPECTION OR REGISTRATION FEES, AND THE AUTHORITY OF MUNICIPALITIES WITH POPULATIONS OF SEVENTY THOUSAND OR MORE TO REQUIRE REGISTRATION OF MOTOR VEHICLES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 4597Y), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
Section 1. This act may be cited as the "Local Government Finance Act".
Section 2. For purposes of this act:
(1) "County" means the unincorporated areas of the county.
(2) "Municipality" means an incorporated municipality of this State.
Section 1. (A) For purposes of this part, "county" means the areas within the county boundaries, including municipalities within the county.
Section 2. (A) Any county may by ordinance levy a sales tax of either one-half percent or one percent on the gross proceeds of sales within the county which are subject to tax under Chapter 35 of Title 12 of the 1976 Code. Sale of items with a maximum tax levied in accordance with Sections 12-35-516, 12-35-518, and 12-35-519 of the 1976 Code are exempt from local sales and use taxation.
(B) The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810. In a county which adopts the sales and use tax, the sixty-six and two-thirds percent of the revenues generated must be distributed as follows: fifty percent must be based upon location of sale to the municipalities within the county and to the unincorporated areas in the county in which it is collected and fifty percent must be distributed based on a per capita basis to the municipalities within the county and to the unincorporated areas of the county. Thirty-three and one-third percent of the revenues generated by the tax must be used to reduce county general operating ad valorem taxes as provided in Section 6 of this Part. All interest earned from the proceeds of the sales tax must be remitted to counties on the same basis as provided in Section 6 of this Part.
Section 3. The sales and use tax authorized in this Part may be levied in a county only after a majority of the qualified electors voting in a referendum vote in favor of the levy. Prior to second reading, the council shall conduct public hearings in compliance with Section 4-9-130 of the 1976 Code. The referendum must be conducted before third reading and may be conducted at the time of a general or special election held not later than sixty days after the proposed sales and use tax ordinance has received second reading by council. The council shall also prepare and publish twice, in a newspaper of general circulation in the county in the four-week period immediately prior to the referendum, the provisions of this section including specifically:
(1) the percentage tax to be levied;
(2) the method by which the proceeds of the tax must be divided between the county and the municipalities in the county is as provided in subsection (B) of Section 2 of this Part;
(3) the intended use of the proceeds.
Any referendum conducted pursuant to this section must be conducted by the county election commission pursuant to the election laws of this State, mutatis mutandis.
A referendum for this purpose may not be held more often than once in twelve months. The expense of the election must be paid by the county conducting the referendum.
Section 4. The South Carolina Tax Commission shall administer and collect the local sales and use tax in the manner that sales and use taxes are administered and collected pursuant to Chapter 35 of Title 12 of the 1976 Code. The Commission may prescribe forms and promulgate regulations in conformity with this part, including tables prescribing the amount to be added to the sales price. No imposition, amendment, or repeal of the sales and use tax is effective unless the Tax Commission receives a certified copy of the ordinance at least one hundred eighty days prior to its effective date. The sales and use tax may be implemented by the county only at the beginning of a quarter.
Section 5. All revenues collected by the Tax Commission on behalf of a county, pursuant to this part, must be remitted to the State Treasurer to be credited to a Local Sales and Use Tax Fund, which is established by the provisions of this part and is separate and distinct from the general fund. Interest shall accrue to the fund and must be distributed proportionately based on the amount of revenue collected by each county. After deducting the amount of refunds made and the costs to the Tax Commission of administering the tax, not to exceed one percent of the fund, the State Treasurer shall distribute quarterly the revenues according to the provisions of Section 2 of this part. The Tax Commission shall furnish data to the State Treasurer and to the governing bodies of the counties and municipalities receiving revenues for the purpose of calculating distributions and estimating revenues. If, because of refunds by the Tax Commission, or for any other reasons, it should develop that an overpayment shall have been made to any county or municipality, the State Treasurer is authorized and directed to withhold from subsequent payments a sufficient amount to adjust for the overpayment and direct funds to the proper entity.
Section 6. Following the initial year of the levy of the tax authorized in this Part and every year thereafter, counties must utilize at least thirty-three and one-third percent of the county's preceding fiscal year's sales and use tax allocation to rollback county general operating ad valorem taxes. Ad valorem taxes for public schools are exempt from the provisions of this act. Annually by August first, the State Treasurer shall report to each county the amount of the prior year's allocation. Upon determination of the amount of the rollback, the county shall direct appropriate tax officials to adjust the millage for the county ad valorem taxes accordingly. The tax bill of each ad valorem taxpayer in the county shall show in a prominent manner the millage rate first ascertained and the millage rate reduced by the rollback provided in this section.
This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. SHEHEEN proposed the following Amendment No. 2 (Doc. No. 4789Y), which was tabled.
Amend the Report by the Committee on Ways and Means, as and if amended, in PART II, page 2368-2, by striking Section 3, on lines 37 through 45, and on page 2368-3, lines 1 through 22.
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
Reps. KIRSH, RUDNICK, FERGUSON, DAVENPORT, FOXWORTH, G. BROWN and WALDROP spoke against the amendment.
Reps. HARVIN, TOAL, NESBITT, WASHINGTON and KEYSERLING spoke in favor of the amendment.
Rep. BEASLEY moved to table the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Bradley, J. Bradley, P. Brown, C. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Davenport Day Derrick Elliott Fair Felder Ferguson Foxworth Harris, J. Harris, P. Haskins Hawkins Hearn Huff Jones Kay Kirsh Koon Limehouse Lockemy Mappus Mattos McAbee McKay McLeod, E.B. McLeod, J.W. McTeer Moss Nettles Ogburn Pettigrew Petty Rhoad Rice Rudnick Sharpe Snow Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Boan Brown, H. Brown, J. Brown, R. Corning Dangerfield Edwards Faber Foster Gentry Gilbert Gregory Harvin Hayes Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Keyserling Klapman Lewis Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McLellan Neilson Nesbitt Pearce Phillips, L. Phillips, O. Rogers, J. Rogers, T. Sheheen Shelton Short Toal Washington Whipper White Wilder Wilkins Williams
So, the amendment was tabled.
Rep. McTEER proposed the following Amendment No. 4 (Doc. No. 4797Y).
Amend the report, as and if amended, PART II, page 2368-4, by inserting after SECTION 6:
/SECTION 7. All of the revenue distributed to each county generated from the sales and use tax provided in this part must be utilized in the unincorporated areas of the county./
Amend title to conform.
Rep. McTEER explained the amendment.
Rep. HOLT spoke against the amendment.
Rep. McTEER spoke in favor of the amendment.
Rep. TOAL was recognized.
Rep. L. PHILLIPS moved that the House recede until 2:15, which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 4, Rep. TOAL having been recognized.
At 2:15 P.M. the House resumed, the SPEAKER Pro Tempore in the Chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 4, Rep. TOAL having been recognized.
H. 2368 -- Reps. Sheheen, Barfield, Boan, Elliott, Hayes, Huff, J.W. Johnson, Keyserling, Lewis, D. Martin, Pearce, J. Rogers, Sharpe, Shelton, Snow, Taylor, Toal, McLellan, Short, Gentry, Evatt, McGinnis, Hodges, M.O. Alexander, T. Rogers, O. Phillips, McEachin, H. Brown, J.W. McLeod, Gregory, Klapman, Nesbitt, Helmly, Baxley, McCain, Wilder and Felder: A BILL TO ENACT THE LOCAL GOVERNMENT FINANCE ACT AUTHORIZING COUNTIES TO LEVY, WITHIN LIMITS, LOCAL SALES AND USE TAXES; TO ALLOW COUNTIES AND MUNICIPALITIES TO LEVY, WITHIN LIMITS, LOCAL INCOME TAXES OR LOCAL OPTION OCCUPATIONAL TAXES, LOCAL MOTOR VEHICLE LICENSE TAXES, LOCAL ADMISSIONS TAXES; TO REQUIRE THAT AN ADVISORY REFERENDUM MUST BE CONDUCTED PRIOR TO THE IMPLEMENTATION BY THE COUNTY OF THE LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE CHARGES FOR COIN-OPERATED DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO LEVY A LOCAL OPTION COIN-OPERATED DEVICE TAX; AND TO REPEAL SECTIONS 56-3-430 AND 56-3-440 RELATING TO PROHIBITING MUNICIPALITIES WITH POPULATIONS BETWEEN FIFTY-FIVE THOUSAND AND SEVENTY THOUSAND FROM CHARGING INSPECTION OR REGISTRATION FEES, AND THE AUTHORITY OF MUNICIPALITIES WITH POPULATIONS OF SEVENTY THOUSAND OR MORE TO REQUIRE REGISTRATION OF MOTOR VEHICLES.
Debate was resumed on Amendment No. 4, by Rep. McTEER.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment which was agreed to.
Rep. McTEER proposed the following Amendment No. 5 (Doc. No. 4794Y).
Amend the report, as and if amended, SECTION 5, PART II, page 2368-3, line 44, by inserting /, except for five percent of the revenues which must be remitted to the State Treasurer to be used only by the Division of Local Government of the State Budget and Control Board/ after /fund/.
Amend title to conform.
Rep. SHEHEEN moved to adjourn debate upon the amendment, which was adopted.
Rep. E.B. McLEOD proposed the following Amendment No. 6 (Doc. No. 4802Y), which was tabled.
Amend the Report by the Committee on Ways and Means, as and if amended, PART II, Section 6, page 2368-4, line 23, by inserting after /must/ /apply any monies received from the sales and use tax allocation as provided by this act to rollback property taxes, both real and personal, without regard to classifications of property. After the rollback provided for in this section has been implemented, the county may not increase its annual budget more than five percent over the previous year's budget, excluding all state or federal grants./ and strike the remainder of Section 6, on lines 23 through 39.
Amend title to conform.
Rep. E.B. McLEOD explained the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment.
Rep. E.B. McLEOD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 71 to 16.
Rep. KIRSH proposed the following Amendment No. 8 (Doc. No. 4798Y).
Amend the report of the Committee on Ways and Means, as and if amended, Part II, Section 2(B), by deleting /based/ between /distributed/ and /on/ on line 27 and by inserting before the period on line 30 /based upon the latest official United States Census/.
Amend title to conform.
Rep. KIRSH explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. DAVENPORT proposed the following Amendment n No. 11 (Doc. No. 4811Y), which was tabled.
Amend the Report of the Committee on Ways and n Means, as and if amended, by adding at the end of o Part II on page 2368-4, an appropriately numbered e Section to read:
/Section ______. If more revenue is received from the sales and use tax than is needed for the purposes stated in item (3) of Section 3, the surplus must be used to reduce county general operating ad valorem taxes, in addition to the requirements of Section 6./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 12 (Doc. No. 4813Y), which was tabled.
Amend the Report of the Committee on Ways and Means, as and if amended, by adding at the end of Part II on page 2368-4, an appropriately numbered Section to read:
/Section ______. Within two years of the date the taxes authorized by this part take effect, a referendum must be conducted under the same provisions as the referendum required by this part to determine whether the tax must be continued. If the results are favorable, the tax shall continue. If the results are unfavorable, the tax shall no longer be levied./
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. WASHINGTON spoke against the amendment and moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 68 to 18.
Reps. L. MARTIN and HENDRICKS proposed the following Amendment No. 13.
Amend as and if amended, Committee Report on Ways and Means:
Page 2368-2, Section 3, Line 38: strike "only"; Line 42: strike "shall" and insert "may"; Line 44 strike "must" and insert "may";
Page 2368-3, Section 3, Line 4, strike "shall" and insert "may".
Rep. L. MARTIN explained the amendment and moved to adjourn debate upon the amendment, which was adopted.
Rep. J. BRADLEY proposed the following Amendment No. 15, which was adopted.
Amend as and if amended, by adding the following Section to be numbered accordingly:
"All taxes contained herein can be repealed in the same manner and in the same process as is provided for in the imposition of said taxes so as to allow for repeal."
Amend to conform, including title.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted by a division vote of 96 to 0.
Rep. KIRSH proposed the following Amendment No. 16 (Doc. No. 4822Y), which was adopted.
Amend the Report by the Committee on Ways and Means, as and if amended, PART II, Section 6, page 2368-4, line 27, by inserting after /operating ad valorem taxes./ /During the initial year of the levy of the tax authorized in this Part, thirty-three and one-third percent of any allocation may not be expended by a county and this portion of its allocation must be set aside and used exclusively to rollback taxes in the second year of its collection as provided in this section./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 17 (Doc. No. 4820Y), which was adopted.
Amend the Report by the Committee on Ways and Means, as and if amended, PART II, subsection (B) of Section 2, page 2368-2, line 21, by striking /sixty-six and two-thirds/ and inserting /fifty/; and on line 30, by striking /Thirty-three and one-third/ and inserting /Fifty/.
Amend further in Section 6, page 2368-4, line 24, by striking /thirty-three and one-third/ and inserting /fifty/.
Amend title to conform.
Rep. McABEE explained the amendment.
Reps. SHEHEEN and WASHINGTON spoke against the amendment.
Rep. McABEE spoke in favor of the amendment. Rep. WASHINGTON moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Bennett Blanding Boan Brown, J. Brown, R. Cork Dangerfield Edwards Faber Fair Foster Gilbert Hayes Johnson, J.W. Keyserling Kirsh Klapman Lewis Limehouse Lockemy Martin, D. Martin, L. Mattos McBride McCain McEachin McKay McLellan Nesbitt Pearce Phillips, L. Rogers, J. Rogers, T. Sheheen Shelton Snow Toal Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Blackwell Bradley, J. Bradley, P. Brown, G. Brown, H. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Corning Davenport Day Derrick Elliott Felder Ferguson Foxworth Gentry Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hearn Helmly Hendricks Holt Johnson, J.C. Jones Kay Koon Mappus McAbee McElveen McGinnis Mcleod, E.B. McTeer Moss Neilson Ogburn Pettigrew Petty Phillips, O. Rhoad Rudnick Sharpe Stoddard Sturkie Taylor Thrailkill Townsend Tucker Waldrop Wells Winstead
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. KIRSH proposed the following Amendment No. 18 (Doc. No. 4848Y), which was adopted.
Amend the report of the Ways and Means Committee, as and if amended, by adding immediately after /section/ as contained on line 39 of page 2368-4, the following:
/and shall also show the total tax bill in dollars first ascertained and the revised bill in dollars as reduced by the rollback provided in this section./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. HASKINS proposed the following Amendment No. 19 (Doc. No. 4845Y), which was tabled.
Amend the bill, as and if amended, by striking subsection (B), Section 2 of Part Il which begins on line 18 of page 2638-2 in its entirety and inserting:
/(B) The adopted rate also applies to tangible personal property subject to the use tax in Section 12-35-810. In a county which adopts the sales and use tax, the revenues generated must be distributed as follows: fifty percent must be based upon location of sale to the municipalities within the county and to the unincorporated areas in the county in which it is collected and fifty percent must be distributed based on a per capita basis to the municipalities within the county and to the unincorporated areas of the county. Fifty percent of the revenues generated by the tax must be used to reduce county and municipality general operating ad valorem taxes. All interest earned from the proceeds of the sales tax must be remitted to the counties and municipalities.
Ad valorem taxes for public schools are exempt from the provisions of this act.
Annually by August first, the State Treasurer shall report to each county the amount of the prior year's allocation. Upon determination of the amount of the rollback, the county shall direct appropriate tax officials to adjust the millage for the county and municipal ad valorem taxes accordingly. The tax bill of each ad valorem taxpayer in the county and municipality shall show in a prominent manner in the millage rate first ascertained and the millage rate reduced by the rollback provided in this section./
Amend the report further, as and if amended, by striking SECTION 6 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS explained the amendment.
Rep. SHEHEEN moved to table the amendment which was agreed to by a division vote of 78 to 18.
Rep. KIRSH proposed the following Amendment No. 20 (Doc. No. 4851Y), which was adopted.
Amend the report of the Committee on Ways and Means, as and if amended, Part II, Section 2(B), by deleting /based/ between /distributed/ and /on/ on line 27 and by inserting before the period on line 30 /based upon the most recent official United States Census/.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. MAPPUS proposed the following Amendment No. 21, which was tabled.
Amend as and if amended, to add back from original Bill, page 9, lines 31 to 45 and page 10, Lines 1 thru 20.
Amend title to conform.
Rep. MAPPUS explained the amendment.
Rep. AYDLETTE moved to table the amendment.
Rep. TOAL demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 79 to 17.
Rep. CORK moved to reconsider the vote whereby Amendment No. 2 was tabled.
Rep. HAWKINS moved to table the motion to reconsider.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Aydlette Bailey, G. Baker Barfield Beasley Bennett Blackwell Blanding Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Day Derrick Fair Ferguson Foxworth Harris, J. Harris, P. Haskins Hawkins Hearn Kay Kirsh Kohn Koon Mappus Mattos McAbee McElveen McKay McLeod, E.B. McTeer Moss Neilson Nettles Pettigrew Petty Rhoad Rice Rudnick Sharpe Snow Sturkie Thrailkill Townsend Tucker Waldrop Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, K. Baxley Boan Brown, H. Brown, J. Brown, R. Cork Dangerfield Edwards Faber Felder Foster Gentry Gilbert Gregory Harvin Hayes Helmly Hendricks Holt Johnson, J.C Johnson, J.W. Keyserling Klapman Lewis Lockemy Martin, D. Martin, L. McBride McCain McEachin McGinnis McLellan Nesbitt Ogburn Pearce Phillips, L. Phillips, O. Rogers, J. Rogers, T. Sheheen Shelton Short Taylor Toal Washington Whipper White Wilder Wilkins Williams
So the motion to reconsider was tabled.
Debate was resumed on Amendment No. 5, by Rep McTEER.
Rep. McTEER explained the amendment
Rep. SHEHEEN moved to table the amendment.
Rep. McTEER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 65 to 25.
Debate was resumed on Amendment No. 8, by Rep. KIRSH.
Rep. SHEHEEN moved to table the amendment which was agreed to.
Debate was resumed on Amendment No. 13, by Reps. L. MARTIN and HENDRICKS.
Rep. HENDRICKS explained the amendment.
Rep. FOXWORTH raised the Point of Order that Amendment No. 13 was out of order as it attempted to accomplish the same action as previous amendments which had already been disposed of.
Rep. L. MARTIN argued that precedents showed that the amendment must be identical in order to be ruled out of order, and this amendment was not identical to any previous amendment.
The SPEAKER Pro Tempore overruled the Point of Order.
Reps. TOAL and BLANDING spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment.
Rep. HAWKINS moved to table the amendment.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Aydlette Baker Barfield Baxley Beasley Blackwell Bradley, J. Bradley, P. Brown, G. Burriss, J.H. Burriss, M.O. Carnell Chamblee Clyborne Cooper Day Derrick Fair Ferguson Foxworth Harris, J. Harris, P. Hawkins Hearn Holt Jones Kay Kirsh Kohn Koon Mappus Mattos McAbee McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Ogburn Pettigrew Petty Rice Rudnick Sharpe Snow Sturkie Thrailkill Townsend Tucker Waldrop Wells Winstead
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Arthur Bailey, K. Bennett Blanding Boan Brown, H. Brown, J. Brown, R. Cork Corning Dangerfield Edwards Faber Foster Gentry Gilbert Gregory Harvin Haskins Hayes Helmly Hendricks Huff Johnson, J.C. Johnson, J.W. Keyserling Klapman Lewis Lockemy Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McLellan Nesbitt Nettles Pearce Phillips, L. Phillips, O. Rogers, J. Rogers, T. Sheheen Shelton Short Taylor Toal Washington Whipper White Wilder Williams
So the House refused to table the amendment.
Rep. McABEE spoke against the amendment.
Reps. McCAIN, HASKINS and HENDRICKS spoke in favor of the amendment.
Rep. J. BRADLEY moved that the House do now adjourn.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, J. Bradley, P. Burriss, M.D. Carnell Clyborne Derrick Foxworth Mappus McAbee Rhoad
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Chamblee Cooper Dangerfield Day Edwards Elliott Faber Fair Foster Gentry Gilbert Gregory Harris, J. Harvin Haskins Hawkins Hayes Hearn Helmly Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lewis Limehouse Lockemy Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Stoddard Sturkie Taylor Toal Townsend Tucker Waldrop Washington Wells Whipper White Wilder Williams Winstead
So, the House refused to adjourn.
Rep. HENDRICKS continued speaking.
Rep. FOXWORTH spoke against the amendment.
Reps. R. BROWN and KLAPMAN spoke in favor of the amendment.
Rep. BEASLEY spoke against the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. TOAL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Bennett Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, T.M. Cork Corning Dangerfield Edwards Elliott Faber Foster Gentry Gilbert Gregory Harvin Haskins Hayes Helmly Hendricks Hodges Holt Huff Johnson, J.C. Johnson, J.W. Keyserling Klapman Lewis Lockemy Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McLellan Nesbitt Pearce Petty Phillips, L. Rhoad Rogers, J. Rogers, T. Sheheen Shelton Short Snow Stoddard Taylor Toal Washington Whipper White Wilder Wilkins Williams
Those who voted in the negative are:
Aydlette Baker Barfield Baxley Beasley Blackwell Bradley, J. Bradley, P. Burriss, J.H. Burriss, M.D. Carnell Chamblee Clyborne Cooper Day Derrick Fair Ferguson Foxworth Harris, J. Harris, P. Hawkins Hearn Kay Kirsh Koon Mattos McAbee McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nettles Ogburn Pettigrew Phillips, O. Rice Rudnick Sharpe Sturkie Thrailkill Townsend Tucker Waldrop Wells Winstead
So, the amendment was adopted.
Rep. KOON proposed the following Amendment No. 14, which was tabled.
Amend as and if amended, the provisions of this Act shall have concurrence by at least 75% of House members and Senators who reside in county prior to implementation of sales tax. Signature of delegation members shall be on a petition provided by county governing body.
Amend title to conform.
Rep. KOON explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. THRAILKILL proposed the following Amendment No. 22, which was tabled.
Amend as and if amended, Ways and Means Bill, page 2368-3, line 14, by "striking line 14" and inserting, "The referendum must give the option of rolling back property taxes or using the roll back to supplement the 'C' fund program in that county."
Amend to conform.
Rep. THRAILKILL explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill, as amended.
Rep. McTEER was recognized.
Rep. TUCKER moved that the House do now adjourn.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, J. Bradley, P. Burriss, M.D. Cork Foxworth Huff Koon Sturkie Thrailkill Tucker
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Chamblee Clyborne Cooper Dangerfield Davenport Day Derrick Edwards Faber Fair Foster Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Keyserling Kirsh Klapman Lewis Mappus Martin, D. Martin, L. Mattos McBride McCain McEachin McElveen McGinnis McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Ogburn Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Stoddard Taylor Toal Townsend Waldrop Washington Wells Whipper White Wilder Wilkins Winstead
So, the House refused to adjourn.
Rep. McTEER spoke against the Bill.
Rep. CARNELL moved to table the Bill.
Rep. SHEHEEN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Baker Barfield Beasley Blackwell Bradley, J. Bradley, P. Brown, G. Burriss, M.D. Carnell Chamblee Clyborne Cooper Davenport Derrick Ferguson Johnson, J.C. Jones Kirsh Koon Mattos McAbee McKay McLeod, E.B. McTeer Moss Neilson Nettles Pettigrew Petty Rice Rudnick Sharpe Sturkie Thrailkill Townsend Tucker Waldrop Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, K. Baxley Bennett Blanding Boan Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, T.M. Cork Corning Dangerfield Edwards Elliott Faber Fair Foster Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hawkins Hayes Hearn Helmly Hendricks Hodges Holt Huff Johnson, J.W. Keyserling Klapman Lewis Lockemy Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McLellan McLeod, J.W. Nesbitt Ogburn Pearce Phillips, L. Phillips, O. Rhoad Rogers, J. Rogers, T. Sheheen Shelton Short Snow Stoddard Taylor Toal Washington Whipper White Wilder Wilkins Williams Winstead
So, the House refused to table the Bill.
The question then recurred to the passage of the Bill, as amended.
Rep. DAVENPORT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Bennett Blanding Boan Bradley, J. Brown, H. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Cork Corning Dangerfield Edwards Elliott Evatt Faber Ferguson Foxworth Gentry Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Johnson, J.W. Kay Keyserling Klapman Lewis Lockemy Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McLellan McLeod, J.W. Nesbitt Ogburn Pearce Phillips, L. Rhoad Rogers, J. Rogers, T. Sheheen Shelton Short Snow Stoddard Sturkie Taylor Toal Washington Whipper White Wilder Wilkins Williams Winstead
Those who voted in the negative are:
Baker Barfield Baxley Beasley Blackwell Bradley, P. Brown, G. Carnell Chamblee Clyborne Cooper Davenport Derrick Fair Hawkins Johnson, J.C. Jones Kirsh Koon Mattos McAbee McKay McLeod, E.B. McTeer Moss Neilson Nettles Pettigrew Petty Phillips, O. Rice Rudnick Sharpe Thrailkill Townsend Tucker Waldrop Wells
So, the Bill, as amended, was read the second time and ordered to third reading.
Rep. SHEHEEN moved to reconsider the vote whereby the Bill was given a second reading.
Rep. GENTRY moved to table the motion, which was agreed to.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. TOAL raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
Rep. TOAL moved that the House recur to the morning hour, which was not agreed to.
Debate was resumed on the Senate amendments to the following Bill, the pending question being the consideration of Amendment No. 2, Rep. KAY having the floor.
H. 2012 -- Rep. Kay: A BILL TO AMEND SECTION 39-55-295, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS TO CEMETERY LAWS, SO AS TO PROVIDE THAT CHURCH CEMETERIES ARE EXEMPT EXCEPT AS PROVIDED IN SECTION 39-55-300 AND TO AMEND THE 1976 CODE BY ADDING SECTION 39-55-300 SO AS TO REQUIRE A CHURCH WHICH RECEIVES MONEY FOR THE MAINTENANCE OF ITS CEMETERY TO KEEP THE MONEY IN A SEPARATE FUND, TO MAKE IT UNLAWFUL TO USE THE FUND FOR ANY PURPOSE OTHER THAN FOR THE MAINTENANCE OF THE CEMETERY, AND TO PROVIDE PENALTIES.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, May 13, by Rep. KAY.
Rep. KAY continued speaking.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Debate was resumed on the following Joint Resolution, the pending question being consideration of the Resolution.
H. 2550 -- Reps. McEachin, Keyserling and J.W. Johnson: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY, AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Rep. OGBURN proposed the following Amendment No. 3, which was ruled out of order.
Amend as and if amended add a new section to read:
The salary of members of the General Assembly shall be reduced to $9,000 annually.
Rep. OGBURN explained the amendment.
Rep. TOAL raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Joint Resolution.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the amendment out of order.
Rep. KIRSH moved that the House do now adjourn, which was adopted.
Further proceedings were interrupted by adjournment, the pending question being consideration of amendments.
At 4:45 P.M. the House in accordance with the motion of Rep. KIRSH adjourned to meet at 10:00 0 A.M. tomorrow.
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