Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. J.T. Pace of Maulding, S.C. as follows:
We thank You Father for giving us this day. We are reminded where two or three are gathered, there You are in their midst. So we thank You. I pray for the Governor and all the leaders of our State, that You will crown them with understanding and wisdom. That our people might enjoy the blessings of liberty. We ask this in Your Precious Name, with thanksgiving.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The question of a quorum was raised.
A quorum was later present.
The following was introduced:
H. 3959 -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE DOLORES V. MACEY, ACSW, SOCIAL WORK DIRECTOR OF HALL INSTITUTE, FOR BEING CHOSEN 1988 SOCIAL WORKER OF THE YEAR BY THE SOUTH CAROLINA STATE CHAPTER NATIONAL ASSOCIATION OF SOCIAL WORKERS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3960 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING MR. TOM YOUNG OF SPARTANBURG COUNTY UPON RECEIVING THE SMALL-BUSINESS PERSON OF THE YEAR AWARD FROM THE SPARTANBURG AREA CHAMBER OF COMMERCE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3881 -- Ways and Means Committee: A BILL TO MAKE APPROPRIATIONS FOR THE EXPENSES OF STATE GOVERNMENT SUPPLEMENTAL TO THOSE CONTAINED IN THE GENERAL APPROPRIATIONS ACT FOR FISCAL YEAR 1988-89, TO IDENTIFY THE SOURCES OF FUNDS FOR THE SUPPLEMENTAL APPROPRIATIONS AND TO PROVIDE THAT 1987-88 FISCAL YEAR SURPLUS REVENUES MUST BE USED FIRST FOR THE APPROPRIATIONS IN THIS ACT; TO AMEND SECTIONS 12-35-880, 12-35-890, 12-35-900, AND 12-35-910 OF THE 1976 CODE, RELATING TO THE USE TAX, SO AS TO REQUIRE USE TAXES TO BE PAID AND USE TAX RETURNS TO BE FILED ON A MONTHLY RATHER THAN QUARTERLY BASIS AND TO PROVIDE THAT A MONTHLY RETURN IS CONSIDERED TIMELY FILED IF THE RETURN IS POSTMARKED ON OR BEFORE THE FILING DEADLINE; TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-915, SO AS TO PROVIDE THAT IF A TAXPAYER IS LIABLE FOR USE TAX NOT EXCEEDING ONE HUNDRED DOLLARS A MONTH, THE TAX COMMISSION MAY AUTHORIZE THE TAXPAYER TO FILE QUARTERLY USE TAX RETURNS AND MAKE QUARTERLY USE TAX PAYMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 11-9-125 SO AS TO PROVIDE FOR THE ORDER OF EXPENDITURE OF FUNDS BY STATE AGENCIES AND TO PROVIDE FOR THE ENFORCEMENT OF THE REQUIREMENT AND THE REPORTING OF AVAILABLE FUNDS; AND TO REPEAL CHAPTER 47, TITLE 46, OF THE 1976 CODE, "THE SOUTH CAROLINA STATE FAMILY FARM DEVELOPMENT AUTHORITY ACT", AND TO TRANSFER FUNDS HELD BY THE SOUTH CAROLINA CREDIT UNION LEAGUE PENDING THE CHARTER FOR THE CREDIT UNION OF THE FAMILY FARM DEVELOPMENT AUTHORITY, WHICH WAS NEVER GRANTED, TO THE STATE TREASURER FOR DEPOSIT IN THE GENERAL FUND OF THE STATE.
Without reference.
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
Without reference.
H. 3961 -- Reps. Harvin, Felder, G. Brown, Altman, Huff, O. Phillips, McBride, Moss, H. Brown, Carnell, Pearce, Elliott, Kay, Taylor, Rice, Cole, Petty, Rhoad, Edwards, Davenport, Klapman, K. Bailey, Derrick, Short, Mappus, McGinnis, Wilder, Gilbert, Haskins, Lewis, McAbee, Cork, Kohn and Thrailkill: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 58 SO AS TO REGULATE THE PRACTICE OF REAL ESTATE APPRAISING.
Referred to Committee on Labor, Commerce and Industry.
H. 3962 -- Rep. Davenport: A BILL TO AMEND SECTIONS 23-45-140 AND 23-45-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIRE PROTECTION SYSTEMS, SO AS TO IMPOSE A FEE FOR SPRINKLER PLAN AND SPECIFICATION REVIEW, TO REMOVE THE STATE FIRE MARSHAL'S AUTHORITY TO EXPEND MONIES FROM THE STATE FIRE MARSHAL'S FUND, AND TO CHANGE REFERENCES TO FIRE PROTECTION STANDARDS.
Referred to Committee on Ways and Means.
H. 3963 -- Reps. J.W. McLeod and R. Brown: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 58 SO AS TO REQUIRE REGISTRATION OF MORTGAGE LOAN BROKERS.
Referred to Committee on Labor, Commerce and Industry.
H. 3964 -- Rep. Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO PROVIDE FOR A LIMITATION ON CAUSES OF ACTION AGAINST A LICENSED HEALTH CARE PROVIDER BASED ON A MEDICALLY DIAGNOSED CONGENITAL DEFECT OR BIRTH ABNORMALITY.
Referred to Committee on Judiciary.
H. 3965 -- Reps. Koon, Huff, Jones, Sharpe, Thrailkill, Gilbert, Felder, Elliott, M.O. Alexander, Gordon, Barfield, Rice, Davenport, Lanford and Snow: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-15-295 SO AS TO MAKE IT UNLAWFUL TO SEND OBSCENE MATERIALS THROUGH THE MAILS OF THIS STATE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
H. 3966 -- Rep. Elliott: A BILL TO AMEND SECTION 9-9-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA, SO AS TO PROVIDE THAT A MEMBER OF THE GENERAL ASSEMBLY BETWEEN THE YEARS 1956 TO 1970 WHO TERMINATED WITH AT LEAST SIX YEARS' SERVICE MAY ESTABLISH CREDIT FOR THE SERVICE BY PAYING THE AMOUNT PAID BY MEMBERS AT THE SAME TIME FOR THE SAME SERVICE, PLUS INTEREST AND TO ALLOW A FORMER MEMBER ELECTING TO REESTABLISH THE CREDIT TO RECEIVE A BENEFIT IF HE IS AT LEAST SIXTY YEARS OF AGE.
Referred to Committee on Ways and Means.
H. 3967 -- Reps. Rudnick, Washington, White, Gilbert, Whipper, Hearn, J. Brown, Williams, P. Harris, K. Bailey, D. Martin, Wilder, Shelton, McGinnis, Wells, Jones, Burch and McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1545 SO AS TO PROVIDE THAT A MEMBER OF THE SOUTH CAROLINA RETIREMENT SYSTEM ELIGIBLE FOR BOTH SERVICE RETIREMENT AND DISABILITY RETIREMENT MAY SUBMIT APPLICATIONS FOR BOTH RETIREMENTS, AND UPON APPROVAL OF THE DISABILITY RETIREMENT APPLICATION, THE MEMBER MAY CHOOSE WHICH RETIREMENT HE RECEIVES.
Referred to Committee on Ways and Means.
H. 3968 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-35-125 SO AS TO PROVIDE THAT WHEN A VENDOR SELLS ITEMS TO A PURCHASER, THE COST OF WHICH OR PART OF THE COST OF WHICH WILL BE PAID BY MEDICARE OR MEDICAID, THE VENDOR SHALL PAY SALES TAX ONLY ON THE NET AMOUNT REIMBURSED BY MEDICARE OR MEDICAID IF THE VENDOR BY LAW IS PROHIBITED FROM CHARGING THE PURCHASER THE DIFFERENCE BETWEEN THE RETAIL SALES PRICE AND THE AMOUNT REIMBURSED.
Referred to Committee on Ways and Means.
H. 3969 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 59-21-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GUIDELINES FOR DEVELOPMENT OF A TEACHER INCENTIVE PROGRAM, SO AS TO AUTHORIZE A TEACHER TO RECEIVE ALL INCENTIVES REWARDS IF HE IS ELIGIBLE FOR ANY INCENTIVE REWARD.
Referred to Committee on Education and Public Works.
H. 3970 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 59-21-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GUIDELINES FOR DEVELOPMENT OF A TEACHER INCENTIVE PROGRAM, SO AS TO AUTHORIZE A TEACHER POSSESSING A PROVISIONAL TEACHING CONTRACT TO RECEIVE INCENTIVE REWARDS BEGINNING WITH FISCAL YEAR 1988-89.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 3971 -- Rep. Rudnick: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JESSE C. MILLER OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3972 -- Aiken Delegation: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS' BASKETBALL TEAM OF SOUTH AIKEN HIGH SCHOOL UPON WINNING THE 1988 CLASS AAA 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.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Baker Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, H. Brown, J. Brown, R. Burch Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Day Elliott Faber Fair Ferguson Foster Gilbert Gordon Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Holt Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lanford Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Simpson Snow Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 15, 1988.
John W. Pettigrew W.E. Pearce, Jr. George H. Bailey Thomas E. Huff Jack Gregory E.D. Foxworth Robert A. Kohn T.W. Edwards Grady Brown Tom Limehouse Ralph Davenport Paul Derrick James Lockemy John Burriss Ken Bailey John Felder Larry Gentry L. Edward Bennett Paul Short T.M. Burriss Larry Koon Joseph McElveen
STATEMENT OF ATTENDANCE
Reps. McELVEEN and G. BROWN signed a statement with the Clerk that they came in after the roll call of the House and were present for the Session on Monday, March 14, 1988.
The SPEAKER granted Rep. BENNETT a temporary leave of absence.
The SPEAKER granted Rep. HODGES a temporary leave of absence.
Announcement was made that Dr. Thomas C. Rowland, Jr., of Columbia is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.
Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.
Section 129.1 was adopted.
Section 129.2 was adopted.
Section 129.3 was adopted.
Section 129.4 was adopted.
Section 129.6 was adopted.
Section 129.7 was adopted.
Section 129.8 was adopted.
Section 129.9 was adopted.
Section 129.10 was adopted.
Section 129.11 was adopted.
Section 129.12 was adopted.
Section 129.13 was adopted.
Section 129.14 was adopted.
Section 129.15 was adopted.
Section 129.16 was adopted.
Section 129.17 was adopted.
Section 129.18 was adopted.
Section 129.19 was adopted.
Section 129.20 was adopted.
Section 129.21 was adopted.
Section 129.22 was adopted.
Section 129.23 was adopted.
Section 129.24 was adopted.
Section 129.25 was adopted.
Section 129.26 was adopted.
Section 129.27 was adopted.
Section 129.28 was adopted.
Section 129.29 was adopted.
Section 129.30 was adopted.
Section 129.31 was adopted.
Section 129.32 was adopted.
Section 129.33 was adopted.
Section 129.34 was adopted.
Section 129.35 was adopted.
Section 129.36 was adopted.
Section 129.37 was adopted.
Section 129.38 was adopted.
Section 129.39 was adopted.
Section 129.40 was adopted.
Section 129.41 was adopted.
Section 129.42 was adopted.
Section 129.43 was adopted.
Section 129.44 was adopted.
Section 129.45 was adopted.
Section 129.46 was adopted.
Reps. CARNELL, BAKER, R. BROWN, AYDLETTE, McABEE, DAVENPORT, LOCKEMY, BURCH, G. BAILEY, McGINNIS, HASKINS, RICE, GILBERT, HEARN, WALDROP, TUCKER, CHAMBLEE, PETTIGREW, J. BRADLEY, HOLT, SHARPE, COOPER, T.C. ALEXANDER, PETTY, SIMPSON, RHOAD, L. MARTIN, NESBITT, WELLS, GORDON, SHARPE, THRAILKILL and M.O. ALEXANDER proposed the following Amendment No. 54 (Doc. No. 2596J), which was adopted.
Amend the bill, as and if amended, Part I, Section 124, by adding an appropriately numbered paragraph to the section to read:
/Section 129._____. (A) No state agency, department, board, committee, commission, or authority, may increase an existing fee for performing any duty, responsibility, or function unless the fee for performing the particular duty, responsibility, or function is authorized by statutory law and set by regulation except as provided in this paragraph.
(B) This paragraph does not apply to:
(1) state-supported governmental health care facilities;
(2) state-supported schools, colleges, and universities;
(3) educational, entertainment, recreational, cultural, and training programs;
(4) the State Board of Financial Institutions;
(5) sales by state agencies of goods or tangible products produced for or by these agencies;
(6) charges by state agencies for room and board provided on state-owned property;
(7) application fees for recreational activities sponsored by state agencies and conducted on a draw or lottery basis;
(8) court fees or fines levied in a judicial or adjudicatory proceeding;
(C) This paragraph does not prohibit a state agency, department, board, committee, or commission from increasing fees for services provided to other state agencies, departments, boards, committees, commissions, or political subdivisions regardless of whether the fee is set by statute.
(D) Statutory law for purposes of this paragraph does not include regulations promulgated pursuant to the State Administrative Procedures Act./
Renumber sections to conform.
Amend title to conform.
Reps. BAKER and CARNELL explained the amendment.
Rep. KLAPMAN raised the Point of Order that Amendment No. 54 to Section 129 was not germane to the Bill.
Rep. CARNELL argued contra the Point.
The SPEAKER citing Rule 5.3 second paragraph, overruled the Point of Order.
Rep. CARNELL continued speaking.
Rep. RUDNICK spoke upon the amendment.
Reps. GREGORY and AYDLETTE spoke in favor of the amendment.
The amendment (Section 129.47) was then adopted.
Reps. LIMEHOUSE, J. BRADLEY and H. BROWN proposed the following Amendment No. 71 (Doc. No. 9200b), which was ruled out of order.
Amend the bill, as and if amended, PART I, SECTION 129, PAGE 129-012, RIGHT COLUMN, AFTER LINE 15, insert a new proviso to read: /Provided further, no municipality may receive any funds whatsoever appropriated herein if it condemns or has condemned since March 14, 1988, any land outside its corporate limits for purposes of establishing a park, playground or recreational facility unless that property is used also as a water reservoir.
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. WHIPPER raised the Point of Order that Amendment No. 71 to Section 129 was not germane to the Bill.
Reps. LIMEHOUSE and J. BRADLEY argued that the proviso dealt directly with the appropriation of funds, and therefore was germane.
The SPEAKER, citing Rule 5.3, second paragraph, stated that the substantial effect of the amendment was not relative to the criteria listed in the Rule, and he therefore sustained the Point of Order and the amendment was ruled out of order.
Section 130.1 was adopted.
Debate was resumed on Section 10.4.
Section 10.4 was adopted.
Debate was resumed on Section 13.
Section 13 was adopted.
Debate was resumed on Section 13.2.
Section 13.2 was adopted.
Debate was resumed on Section 13.3.
Section 13.3 was adopted.
Debate was resumed on Section 13.4.
Section 13.4 was adopted.
Debate was resumed on Section 13.5.
Section 13.5 was adopted.
Debate was resumed on Section 41.32.
Section 41.32 was adopted.
Debate was resumed on Amendment No. 40, which was proposed on Monday, March 14, by Reps. CARNELL and McABEE.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
Rep. G. BROWN proposed the following Amendment No. 50 (Doc. No. 2592J), which was rejected.
Amend the bill, as and if amended, Part I, Section 41, Department of Health and Environmental Control, page 41-032, proviso 41.32, by adding at the end of line 19: /No license fees by DHEC may be charged for cotton ginning operations in this State./
Renumber sections to conform.
Amend totals and title to conform.
Rep. G. BROWN explained the amendment.
Rep. G. BROWN, with unanimous consent, amended the amendment at the desk.
Rep. WASHINGTON spoke against the amendment.
The amendment was then rejected by a division vote of 43 to 46.
Reps. E.B. McLEOD, G. BROWN, BLANDING and McELVEEN proposed the following Amendment No. 78 (Doc. No. 9181b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 41 - DHEC, PAGE 41-032, RIGHT-HAND COLUMN, PROVISO NO. 41.32, by striking lines 22-42 and inserting:
/Wastewater Treatment - NPDES Permit
Major facility
(flow greater than 2,000,000 gal/day) 600
Major facility
(flow 1,000,000-2,000,000 gal/day) 400
Wastewater Treatment - NPDES Permit
Minor Facility
(flow 500,000-1,000,000 gal/day) 300
Minor facility
(flow 100,000 - 500,000 gal/day) 200
Minor facility
(flow less than 100,000 gal/day) 50
Water Supply operating permit
Major facility
(Serving more than 10,000 people) 600
Minor facility
(Serving 5,000 - 10,000 people) 300
Minor facility
(Serving 1,000 - 5,000 people) 150
Minor facility
(Serving less than 1,000 people) 50
Air Quality Operating Permits
Major facility
(Greater than 100 Tons/Year) 600
Minor facility
(50 - 100 tons/year) 300
Minor facility
(less than 50 tons/year) 100
Amend further, by adding at the end of Proviso 41.32: /DHEC shall prorate a fee to cotton gin operators based on their months of operation./
Renumber sections to conform.
Amend totals and title to conform.
Rep. E.B. McLEOD explained the amendment.
Rep. MATTOS spoke against the amendment.
The amendment was then adopted by a division vote of 42 to 41.
Section 41.32, as amended, was adopted.
Debate was resumed on Section 42.
Reps. T. ROGERS, HEARN, BEASLEY, HUMPHRIES and WELLS proposed the following Amendment No. 32 (Doc. No. 9170b).
Amend the bill, as and if amended, PART I, SECTION 42, DEPT. OF MENTAL HEALTH, PAGE 42-034 OPPOSITE /Contractual Services/, by inserting on Line 08, in columns (7)/$4,591,441/ and in column (8) /$1,152,827/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 32, Rep. T. ROGERS having the floor.
The following was received.
Columbia, S.C., March 15, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:45 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. J. ROGERS the invitation was accepted.
At 11:45 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R415) S. 1075 -- Judiciary Committee: AN ACT TO AMEND SECTION 5-15-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESPONSIBILITY OF A MUNICIPAL GOVERNING BODY TO ESTABLISH BY ORDINANCE TIME REQUIREMENTS FOR NOMINATIONS, PRIMARIES, AND CONVENTIONS AND THE PERCENTAGE REQUIRED FOR NOMINATING PETITIONS, SO AS TO REQUIRE ALL NOMINATING PETITIONS TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH HE OFFERS AS A CANDIDATE INSTEAD OF AUTHORIZING THE GOVERNING BODY TO DETERMINE THE PERCENTAGE OF THE PETITION, WITHIN CERTAIN LIMITS, WHICH MUST BE QUALIFIED ELECTORS OF THE MUNICIPALITY; AND TO AMEND SECTION 5-15-110, RELATING TO THE REQUIREMENT THAT A NOMINATING PETITION BE FILED WITH THE MUNICIPAL ELECTION COMMISSION IN MUNICIPAL, SPECIAL, OR PARTISAN GENERAL ELECTIONS, SO AS TO REQUIRE THE PETITION TO CONTAIN NO LESS THAN FIVE PERCENT OF THE QUALIFIED ELECTORS OF THE GEOGRAPHICAL AREA OF THE OFFICE FOR WHICH THE CANDIDATE OFFERS INSTEAD OF THE MUNICIPALITY.
(R416) S. 1195 -- Senator Williams: AN ACT TO AMEND SECTION 14-7-1780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVIDING OF SPACE FOR THE STATE GRAND JURY TO MEET AND THE APPROPRIATION OF FUNDS FOR THE OPERATION OF THE STATE GRAND JURY, SO AS TO PROVIDE THAT THE ATTORNEY GENERAL RATHER THAN THE IMPANELING JUDGE SHALL MAKE SUITABLE SPACE AVAILABLE FOR THE STATE GRAND JURY AND TO PROVIDE THAT THE FUNDS FOR THE OPERATION OF THE STATE GRAND JURY MUST BE APPROPRIATED TO THE ATTORNEY GENERAL'S OFFICE RATHER THAN TO THE JUDICIAL DEPARTMENT.
(R417) S. 679 -- Senator Pope: AN ACT TO AMEND SECTION 1-11-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZATION OF THE STATE BUDGET AND CONTROL BOARD TO PROVIDE INSURANCE, SO AS TO AUTHORIZE THE BOARD TO PROVIDE CERTAIN ADDITIONAL INSURANCE AND TO PROVIDE THAT DOCUMENTARY OR OTHER MATERIAL PREPARED BY OR FOR THE DIVISION OF GENERAL SERVICES IN PROVIDING ANY INSURANCE COVERAGE WHICH IS CONTAINED IN ANY CLAIM FILE IS SUBJECT TO DISCLOSURE TO THE EXTENT REQUIRED BY THE FREEDOM OF INFORMATION ACT ONLY AFTER THE CLAIM IS SETTLED OR FINALLY CONCLUDED BY A COURT OF COMPETENT JURISDICTION.
(R418) S. 972 -- Senators Land, Lourie and J. Verne Smith: AN ACT TO AMEND SECTION 42-9-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR BURIAL EXPENSES UP TO BUT NOT EXCEEDING TWENTY-FIVE HUNDRED DOLLARS, INSTEAD OF SUCH EXPENSES "NOT EXCEEDING FOUR HUNDRED DOLLARS", AND TO PROVIDE THAT IN CASES WHERE BENEFITS ARE PAYABLE TO A SURVIVING SPOUSE AND DEPENDENT CHILDREN, THE SURVIVING SPOUSE SHALL RECEIVE NOT LESS THAN ONE-HALF, RATHER THAN "NOT LESS THAN ONE-THIRD", OF THE BENEFITS PAID IF THERE ARE TWO OR MORE CHILDREN.
(R419) S. 1185 -- Senators Bryan and Mitchell: AN ACT TO AMEND ACT 765 OF 1978, AS AMENDED, RELATING TO THE NUMBER AND LOCATION OF MAGISTRATES IN GREENVILLE COUNTY, SO AS TO DELETE A MAGISTRATE FOR EACH OF THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP, AND TO PROVIDE FOR ONE FULL-TIME MAGISTRATE FOR THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP, DESIGNATED AS THE "PIEDMONT-SOUTH GREENVILLE COUNTY MAGISTRATE'S DISTRICT".
(R420) S. 97 -- Senator Pope: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-150 SO AS TO PROVIDE THAT NO CIVIL ACTION MAY BE BROUGHT IN THIS STATE FOR CRIMINAL CONVERSATION; TO AMEND SECTION 15-3-530, RELATING TO ACTIONS INCLUDED IN THE SIX-YEAR PERIOD PRESCRIBED FOR THE COMMENCEMENT OF ACTIONS OTHER THAN FOR THE RECOVERY OF REAL PROPERTY, SO AS TO DELETE THE REFERENCE TO CRIMINAL CONVERSATION; SECTION 15-3-550, RELATING TO ACTIONS INCLUDED WITHIN THE TWO-YEAR PERIOD, SO AS TO PROVIDE FOR AN ACTION FOR ALIENATION OF AFFECTIONS; AND SECTION 15-37-50, RELATING TO LIMITATION ON COSTS 'WHEN A TORT JUDGMENT IS LESS THAN ONE HUNDRED DOLLARS, SO AS TO DELETE THE REFERENCE TO CRIMINAL CONVERSATION AND PROVIDE FOR AN ACTION FOR ALIENATION OF AFFECTIONS; AND TO PROVIDE FOR SECTION 15-3-150 TO APPLY TO CAUSES OF ACTION FOR CRIMINAL CONVERSATION ACCRUING AFTER JUNE 30, 1988.
(R421) S. 531 -- Education Committee: AN ACT TO AMEND SECTION 59-25-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMPLOYMENT AND DISMISSAL OF TEACHERS, SO AS TO DEFINE "TEACHER", FOR PURPOSES OF THESE PROVISIONS, AS MEANING ALL EMPLOYEES POSSESSING A PROFESSIONAL CERTIFICATE ISSUED BY THE STATE DEPARTMENT OF EDUCATION, EXCEPT THOSE EMPLOYEES WORKING PURSUANT TO MULTI-YEAR CONTRACTS.
(R422) S. 639 -- Senator Pope: AN ACT TO AMEND ACT 462 OF 1893, AS AMENDED, RELATING TO THE FARMER'S MUTUAL INSURANCE ASSOCIATION OF NEWBERRY, SOUTH CAROLINA, SO AS TO EXPAND THE COUNTIES IN WHICH THE ASSOCIATION IS AUTHORIZED TO DO BUSINESS.
(R423) S. 1102 -- Banking and Insurance Committee: AN ACT TO AMEND SECTION 38-71-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSURER'S RIGHT OF SUBROGATION IN POLICIES OF ACCIDENT AND HEALTH INSURANCE, SO AS TO ALLOW THE CHIEF INSURANCE COMMISSIONER TO DISALLOW SUBROGATION IF, AFTER PETITION BY THE INSURED, HE DETERMINES THE SUBROGATION TO BE INEQUITABLE; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-335 SO AS TO PROHIBIT THE WRITING OF INDIVIDUAL OR FAMILY ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES WHICH ALLOW THE INSURER TO CANCEL THE POLICY ON A DATE OTHER THAN THE ANNIVERSARY OR PREMIUM DUE DATE AND POLICIES WHICH ARE OPTIONALLY RENEWABLE AND TO REQUIRE THIRTY-ONE DAYS' WRITTEN NOTICE OF NONRENEWAL; TO AMEND SECTION 38-71-340, RELATING TO MANDATORY PROVISIONS IN ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-370, RELATING TO OPTIONAL PROVISIONS IN LIFE INSURANCE POLICIES, SO AS TO REVISE THE REQUIRED PROVISIONS; TO AMEND SECTION 38-71-610, RELATING TO NOTICE OF PREMIUMS DUE FOR ACCIDENT OR HEALTH INSURANCE POLICIES, SO AS TO REVISE A TERM; TO AMEND THE 1976 CODE BY ADDING SECTION 38-71-735 SO AS TO PROVIDE MANDATORY PROVISIONS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES; TO AMEND SECTION 38-71-810, RELATING TO READJUSTMENT OF PREMIUMS FOR GROUP ACCIDENT, GROUP HEALTH, OR GROUP ACCIDENT AND HEALTH INSURANCE POLICIES, SO AS TO CLARIFY TERMS; TO AMEND SECTION 38-71-1010, RELATING TO THE DEFINITION OF BLANKET ACCIDENT AND HEALTH INSURANCE, SO AS TO EXPAND THE DEFINITION; TO AMEND SECTION 38-71-1110, RELATING TO THE DEFINITION OF ACCIDENT AND HEALTH INSURANCE IN A FRANCHISE PLAN, SO AS TO REVISE THE DEFINITION; TO AMEND SECTIONS 38-55-50 AND 38-71-200, RELATING TO THE PROHIBITION ON DISCRIMINATION BETWEEN INSUREDS OF THE SAME CLASS OR HAZARD, SO AS TO ALLOW STATUTORY EXCEPTIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 38-55-180 SO AS TO PROVIDE FOR THE SAFEGUARDING OF PREMIUMS OF INDUSTRIAL INSURANCE; AND TO REPEAL SECTIONS 38-71-130, 38-71-180, 38-71-380, 38-71-390, 38-71-400, 38-71-820, AND ARTICLE 7, CHAPTER 71 OF TITLE 38 RELATING TO ACCIDENT AND HEALTH INSURANCE.
(R424) S. 1067 -- Senator Waddell: AN ACT TO AMEND SECTION 46-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO THE FERTILIZER LAW, SO AS TO PROVIDE FOR THE FERTILIZER BOARD TO BE COMPOSED OF NOT OVER FIVE MEMBERS OF THE CLEMSON UNIVERSITY BOARD OF TRUSTEES INSTEAD OF ALL OF THE BOARD MEMBERS.
(R425) H. 3794 -- Rep. Gentry: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SALUDA YOUNG FARMERS CHAPTER IN SALUDA COUNTY.
(R426) H. 3635 -- Rep. T.M. Burriss: AN ACT TO AMEND SECTION 40-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEETINGS OF THE LICENSING BOARD FOR CONTRACTORS, SO AS TO REQUIRE THE BOARD TO MEET QUARTERLY INSTEAD OF SEMIANNUALLY, TO REQUIRE THE BOARD TO ELECT OFFICERS AT ITS GENERAL MEETING INSTEAD OF ITS APRIL MEETING, AND TO INCREASE FROM THREE TO FOUR THE NUMBER OF MEMBERS WHICH CONSTITUTES A QUORUM.
(R427) H. 2101 -- Reps. P. Harris, J. Harris and Helmly: AN ACT TO AMEND SECTIONS 44-7-140 AND 44-52-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE STATE HOSPITAL CONSTRUCTION AND FINANCING ACT AND EMERGENCY ADMISSION TO TREATMENT FACILITIES OF CHEMICALLY DEPENDENT PERSONS, SO AS TO EXEMPT HEALTH CARE FACILITIES OWNED AND OPERATED BY THE FEDERAL GOVERNMENT AND FEDERAL HEALTH CARE FACILITY SPONSORED AND OPERATED BY THE STATE, AND TO PERMIT FRIENDS AND RELATIVES TO TRANSPORT CHEMICALLY DEPENDENT PERSONS TO TREATMENT FACILITIES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 44-17-450 AND 44-17-460 SO AS TO PROVIDE FOR PREADMISSION SCREENING AND EVALUATION SERVICES FOR PSYCHIATRIC EMERGENCIES AND TO PROVIDE FOR EXAMINATIONS BY A LICENSED PHYSICIAN PRIOR TO EMERGENCY ADMISSION TO A PSYCHIATRIC FACILITY.
(R428) H. 3378 -- Reps. Keyserling and M.D. Burriss: AN ACT TO AMEND SECTION 48-47-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEVELOPMENT AND OPERATION OF LOW-LEVEL RADIOACTIVE WASTE DISPOSAL FACILITIES FOR PURPOSES OF THE SOUTHEASTERN RADIOACTIVE WASTE COMPACT, SO AS TO PROVIDE THAT NO HOST STATE IS REQUIRED TO OPERATE A REGIONAL DISPOSAL FACILITY FOR LONGER THAN TWENTY YEARS OR TO DISPOSE OF MORE THAN THIRTY-TWO MILLION CUBIC FEET OF LOW-LEVEL RADIOACTIVE WASTE, WHICHEVER OCCURS FIRST; TO AMEND SECTION 48-47-280, RELATING TO THE REQUIREMENTS FOR WITHDRAWING FROM THE COMPACT, SO AS TO QUALIFY THE RIGHT OF WITHDRAWAL AND FURTHER PROVIDE FOR THE PROCEDURAL REQUIREMENTS FOR WITHDRAWAL; AND TO AMEND THE 1976 CODE BY ADDING SECTION 48-47-285 SO AS TO ALLOW WITHDRAWAL BY A STATE MORE THAN THIRTY DAYS AFTER THE COMMENCEMENT OF THE SECOND HOST STATE'S DISPOSAL FACILITY ONLY WITH THE UNANIMOUS APPROVAL OF THE SOUTHEAST INTERSTATE LOW-LEVEL RADIOACTIVE WASTE MANAGEMENT COMMISSION AND THE CONSENT OF CONGRESS AND TO PROVIDE THAT THE BARNWELL COUNTY DISPOSAL FACILITY IS CONSIDERED THE FIRST HOST STATE DISPOSAL FACILITY.
(R429) H. 3674 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 33-55-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND SECTIONS 38-73-457, 38-77-112, AND 38-77-280, ALL AS AMENDED, RELATING TO THE CIVIL LIABILITY OF A LICENSED HEALTH CARE PROVIDER, THE REQUIREMENT OF EVERY AUTOMOBILE INSURER AND RATING ORGANIZATION TO FILE ANNUALLY A BASE RATE WITH THE CHIEF INSURANCE COMMISSIONER, NO AUTOMOBILE INSURER IS REQUIRED TO WRITE COVERAGE FOR AUTOMOBILE INSURANCE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHO DOES NOT POSSESS A VALID SOUTH CAROLINA DRIVER'S LICENSE, THE AUTHORITY OF AUTOMOBILE INSURERS TO REFUSE TO WRITE AUTOMOBILE PHYSICAL DAMAGE INSURANCE COVERAGE FOR ANY APPLICANT OR EXISTING POLICYHOLDER WHERE ONE OR MORE OF THE CONDITIONS OR FACTORS PRESCRIBED IN SECTION 38-73-455 EXIST, SO AS TO MAKE TECHNICAL INTERNAL CORRECTIONS TO REFERENCES; SECTION 38-7-180, RELATING TO THE FILING WITH THE CHIEF INSURANCE COMMISSIONER REQUESTING A CHANGE IN RATES SOLELY TO REFLECT CHANGES IN TAX LIABILITIES, SO AS TO AUTHORIZE AN INSURANCE COMPANY WHICH INSURES ONLY CHURCHES AND ITS PROPERTY FROM TAXES LEVIED ON INSURANCE COMPANIES UNDER VARIOUS PROVISIONS AND TO DELETE REFERENCES TO THE AUTHORITY OF THE COMMISSION TO ADJUST THE PREMIUM RATES CHARGEABLE ON CERTAIN POLICIES; SECTION 38-77-10, AS AMENDED, RELATING TO THE DECLARATION OF PURPOSE FOR THE REFORM OF AUTOMOBILE INSURANCE AND INSURANCE PRACTICES, SO AS TO DELETE THE REQUIREMENT THAT THE INSURANCE COMMISSION APPROVE A TERRITORIAL CLASSIFICATION PLAN PROMULGATED BY THE CHIEF INSURANCE COMMISSIONER AND TO MAKE CORRECTIONS REGARDING REFERENCES; SECTION 38-77-30, AS AMENDED, RELATING TO DEFINITIONS USED REGARDING AUTOMOBILE INSURANCE, SO AS TO MAKE A TECHNICAL CORRECTION; SECTION 38-77-270, AS AMENDED, RELATING TO LIABILITY INSURANCE TO PROVIDE MINIMUM LIABILITY AND UNINSURED MOTORIST COVERAGE, SO AS TO DELETE ALL REFERENCES TO THIS COVERAGE AND OTHER REFERENCES REGARDING COVERAGE IN EXCESS OF CERTAIN CODE PROVISIONS AND REWORD THE PROVISION DEALING WITH LICENSED ART CARE AND TREATMENT; SECTION 38-75-210, RELATING TO PREMIUMS DECLARED TO BE UNEARNED WHICH ARE HELD BY THE INSURER IN RESPECT THAT PART OF THE POLICY TERM SUBSEQUENT TO THE ANNIVERSARY DATE OF THE THEN CURRENT POLICY YEAR, SO AS TO CORRECT A CLERICAL ERROR; AND TO REPEAL SECTION 38-5-180, RELATING TO THE EXEMPTION OF AN INSURER OF CHURCHES FROM CERTAIN TAXES LEVIED ON INSURANCE COMPANIES.
(R430) H. 2955 -- Reps. Hodges and Baxley: AN ACT TO PROVIDE THAT IN CIVIL ACTIONS PROOF OF SERVICE BY PUBLICATION, IN ADDITION TO THE METHOD PROVIDED BY THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE, MAY BE MADE BY AFFIDAVIT BEFORE A SOUTH CAROLINA NOTARY PUBLIC THAT THE APPROPRIATE NOTICE HAS BEEN PRINTED OR PUBLISHED.
(R431) H. 2021 -- Reps. Harvin, T.M. Burriss, P. Bradley and Corning: AN ACT TO AMEND SECTION 47-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ILL-TREATMENT OF ANIMALS, SO AS TO FURTHER PROVIDE FOR WHAT CONSTITUTES ILL-TREATMENT AND TO INCREASE THE PENALTIES FOR VIOLATION, TO ALSO MAKE IT UNLAWFUL TO TORTURE, MUTILATE, OR CRUELLY KILL ANIMALS AND TO PROVIDE PENALTIES FOR VIOLATION, AND TO PROVIDE CERTAIN EXCEPTIONS.
(R432) H. 3391 -- Reps. J. Bradley, Boan and J.W. McLeod: AN ACT TO AMEND SECTION 38-31-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT, SO AS TO REVISE THE DEFINITIONS; SECTION 38-31-30, RELATING TO APPLICATION OF THE ACT, SO AS TO PROVIDE FOR EXCEPTIONS; SECTION 38-31-40, RELATING TO THE CREATION OF AND MEMBERSHIP IN THE ASSOCIATION, SO AS TO PROVIDE FOR AN ADDITIONAL ACCOUNT; SECTION 38-31-60, RELATING TO THE POWERS AND DUTIES OF THE ASSOCIATION, SO AS TO PROVIDE FOR NEW DUTIES; SECTION 38-31-100, RELATING TO EXHAUSTING RIGHTS UNDER OTHER POLICIES AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO PROVIDE FOR A CLAIM UNDER A GOVERNMENTAL INSURANCE OR GUARANTY PROGRAM, CLAIM HELD BY AN INSURER, REINSURER, INSURANCE POOL, OR UNDERWRITING ASSOCIATION, AND CLAIM AGAINST AN INSURED UNDER A POLICY ISSUED BY AN INSOLVENT INSURER; SECTION 38-31-110, RELATING TO DETECTION AND PREVENTION OF INSURER INSOLVENCIES, SO AS TO REVISE THE DUTIES OF THE ASSOCIATION'S BOARD OF DIRECTORS AND THE INSURANCE COMMISSIONER; SECTION 38-31-150, RELATING TO IMMUNITY FROM LIABILITY FOR ACTION UNDER THIS ACT, SO AS TO PROVIDE FOR IMMUNITY FROM ANY OMISSION AND FOR THE ASSOCIATION'S LIABILITY; AND SECTION 38-31-160, RELATING TO PROCEEDINGS INVOLVING INSOLVENT INSURERS, SO AS TO PROVIDE FOR EXTENSION OF THE PERIOD OF TIME TO STAY THE PROCEEDINGS; AND TO REPEAL SECTION 38-31-180 RELATING TO CONSTRUCTION OF THE ACT.
(R433) H. 3897 -- Reps. M.O. Alexander, Baker, Blackwell, P. Bradley, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice, Shelton and Wilkins: AN ACT TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACES FOR CERTAIN PRECINCTS.
(R434) H. 2122 -- Rep. McTeer: AN ACT TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CLASSIFICATION AND ASSESSMENT RATIOS OF PROPERTY FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT AFTER AN INITIAL APPLICATION FOR CLASSIFICATION OF PROPERTY AS "AGRICULTURAL REAL PROPERTY" IS FILED, NO FURTHER APPLICATION IS NECESSARY TO MAINTAIN THAT CLASSIFICATION UNTIL THE USE CLASSIFICATION OF THE PROPERTY CHANGES, TO REQUIRE NOTIFICATION TO THE ASSESSOR WITHIN SIX MONTHS WHEN' THE USE CHANGES, AND TO ESTABLISH MINIMUM AND MAXIMUM PENALTIES FOR FAILING TO NOTIFY THE ASSESSOR IN A TIMELY MANNER.
(R435) H. 3729 -- Rep. Wilkins: AN ACT TO AMEND SECTION 16-3-1110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PROVISIONS OF LAW DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO, AMONG OTHER THINGS, MAKE THESE DEFINITIONS APPLICABLE ALSO TO ARTICLES 14 AND 15 OF CHAPTER 3, TITLE 16 ("VICTIM/WITNESS ASSISTANCE PROGRAM" AND "VICTIM'S AND WITNESS'S BILL OF RIGHTS", RESPECTIVELY), PROVIDE A DEFINITION FOR RECKLESSLY OR INTENTIONALLY INFLICTED INJURY OR DEATH, AND CHANGE VARIOUS EXISTING DEFINITIONS; TO AMEND SECTION 16-3-1170, RELATING TO THE BASIS FOR AN AWARD UNDER THE PROVISIONS DEALING WITH COMPENSATION OF VICTIMS OF CRIME, SO AS TO DELETE CERTAIN PROVISIONS AND TO PROVIDE, AMONG OTHER THINGS, FOR AN AWARD FOR PSYCHIC TRAUMA; AND TO AMEND SECTIONS 16-3-1400, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM/WITNESS ASSISTANCE PROGRAM, AND 16-3-1520, RELATING TO DEFINITIONS UNDER THE PROVISIONS DEALING WITH VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO DELETE THE DEFINITION OF "VICTIM" IN BOTH CODE SECTIONS.
(R436) H. 3821 -- Rep. McTeer: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF STAFFORD LODGE NO. 216, ANCIENT FREE MASONS, OF HAMPTON COUNTY.
(R437) H. 3728 -- Rep. Wilkins: AN ACT TO AMEND SECTION 16-3-1180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMPENSATION OF VICTIMS OF CRIME, AMOUNT OF AWARD, APPORTIONMENT AMONG MULTIPLE CLAIMANTS, AND REJECTION OF APPLICATION FOR AWARD, SO AS TO DELETE CERTAIN LANGUAGE AND PROVISIONS, AND TO PROVIDE, AMONG OTHER THINGS, FOR BURIAL EXPENSES NOT TO EXCEED TWO THOUSAND, RATHER THAN ONE THOUSAND, DOLLARS, AND THAT THE AGGREGATE OF AWARD TO AND ON BEHALF OF VICTIMS MAY NOT EXCEED TEN THOUSAND, RATHER THAN THREE THOUSAND, DOLLARS.
(R438) H. 3787 -- Lancaster County Delegation: AN ACT TO ESTABLISH THE LANCASTER COUNTY SCHOOL DISTRICT, TO ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR THE ELECTION OF TRUSTEES, TO ABOLISH THE COUNTY BOARD OF EDUCATION AND THE DISTRICT SUPERINTENDENT OF EDUCATION AND DEVOLVE THEIR DUTIES AND RESPONSIBILITIES UPON THE BOARD OF TRUSTEES; AND TO REPEAL ACT 848 OF 1976 RELATING TO THE ELECTION AND COMPOSITION OF THE LANCASTER COUNTY BOARD OF EDUCATION AND THE AREA BOARDS OF TRUSTEES OF THE SCHOOL DISTRICT OF THE COUNTY.
(R439) H. 3428 -- Rep. J.C. Johnson: AN ACT TO AMEND SECTION 59-63-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGE OF ATTENDANCE OF PUPILS, SO AS TO PERMIT A CHILD WHO HAS COMPLETED ONE YEAR OF KINDERGARTEN, WITHIN OR WITHOUT THIS STATE, TO ENTER THE FIRST GRADE.
(R440) H. 3463 -- Rep. Petty: AN ACT TO AMEND SECTION 40-6-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ABSOLUTE AUCTION" AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-145 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO CONDUCT OR ADVERTISE THAT AN AUCTION IS "ABSOLUTE" IF MINIMUM OPENING BIDS ARE REQUIRED OR OTHER CONDITIONS ARE PLACED ON THE SALE WHICH LIMIT THE SALE OTHER THAN TO THE HIGHEST BIDDER.
(R441) H. 3423 -- Reps. Elliott, Pearce, Barfield and Thrailkill: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-2865 SO AS TO ESTABLISH VEREEN MEMORIAL HISTORICAL GARDENS IN HORRY COUNTY AS A WILDLIFE SANCTUARY AND TO PROVIDE A PENALTY FOR VIOLATIONS.
(R442) H. 3569 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO VARIABLE CONTRACTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 890, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
At 11:55 A.M. the House resumed, the SPEAKER in the Chair.
Debate was resumed on the following Bill, the pending question being the consideration of Section 42, Amendment No. 32, Rep. T. ROGERS having the floor.
Debate was resumed on Section 42.
Debate was resumed on Amendment No. 32, by Reps. T. ROGERS, HEARN and BEASLEY.
Rep. T. ROGERS continued speaking.
The amendment was then adopted.
Section 42, as amended, was adopted.
Section 42.1 was adopted.
Section 42.2 was adopted.
Section 42.3 was adopted.
Section 42.4 was adopted.
Section 42.5 was adopted.
Section 42.6 was adopted.
Section 42.7 was adopted.
Section 42.8 was adopted.
Section 42.9 was adopted.
Section 42.10 was adopted.
Section 42.13 was adopted.
Section 42.16 was adopted.
Section 42.17 was adopted.
Section 42.19 was adopted.
Section 42.20 was adopted.
Section 42.21 was adopted.
Section 42.22 was adopted.
Rep. MATTOS explained the Section.
Section 42.23 was adopted.
Debate was resumed on Section 45.
Debate was resumed on Amendment No. 23, which was proposed on Monday, March 14, by Reps. BAXLEY and BEASLEY.
Rep. BAXLEY explained the amendment.
Rep. HELMLY spoke against the amendment.
Rep. McLELLAN raised the Point of Order that Amendment No. 23 to Section 45 was out of order as it appropriated money to a private agency, in conflict with Rule 5.4.
The SPEAKER after determining that the agency was not an arm of any government entity and did not contract with any government entity, sustained the Point of Order and ruled the amendment out of order.
Section 45 was adopted.
Section 45.1 was adopted.
Section 45.2 was adopted.
Section 45.3 was adopted.
Section 45.4 was adopted.
Section 45.5 was adopted.
Section 45.6 was adopted.
Section 45.7 was adopted.
Section 45.8 was adopted.
Section 45.9 was adopted.
Section 45.10 was adopted.
Section 45.11 was adopted.
Section 45.12 was adopted.
Section 45.13 was adopted.
Section 45.14 was adopted.
Section 45.15 was adopted.
Section 45.16 was adopted.
Section 45.17 was adopted.
Section 45.18 was adopted.
Section 45.19 was adopted.
Section 45.20 was adopted.
Reps. R. BROWN, J. HARRIS, BURCH, McEACHIN, LOCKEMY, J. McLEOD, McCAIN and J. BRADLEY proposed the following Amendment No. 51 (Doc. No. 2599J), which was ruled out of order.
Amend the bill, as and if amended, Part I, Section 45, Department of Social Services, provisos area, page 45-019, by adding an appropriately numbered proviso, as follows:
/45. ____. The County Board of the Department of Social Services has the authority to hire and terminate the county director of a county department of social services, in due consideration of the agency's budgetary limitations, guidelines, and specific funding allocated for such purposes./
Renumber provisos to conform.
Amend totals and title to conform.
Rep. R. BROWN explained the amendment.
Rep. WHITE raised the Point of Order that Amendment No. 51 to Section 45 was out of order as it was not germane to the Bill.
Rep. R. BROWN argued that the amendment met the criteria under Rule 5.3, second paragraph.
The SPEAKER stated that the substantial effect of the amendment was not directly germane to the Bill, as mandated by Rule 5.3, and he sustained the Point of Order and ruled the amendment out of order.
Debate was resumed on Section 70.
In reference to the Point of Order raised under Rule 5.4 by Rep. McCAIN on Monday, March 14, on lines 35-40 of Section 70, the SPEAKER stated that the Stumphouse Tunnel Park, line 35, is operated by the Pendleton Historical Recreation Commission on land owned by a public entity and he overruled the Point on line 35; lines 36-37, the Archibald Rutledge Scholarship, is a program administered by the State Department of Education, in conjunction with the Department of Parks, Recreation and Tourism, and he overruled the Point on lines 36-37; line 38, Commercial Agricultural Museum, is operated by the Pendleton Historical Recreation Commission, which is a legislative creation by statute, and he overruled the Point on line 38; the Arthur Smith Fishing Tournament, line 39, is operated by a private entity, and, after argument from Rep. ELLIOTT, he sustained the Point, and ruled line 39 out of order; line 40, the S.C. Hall of Fame, is operated in a publicly-owned facility, owned by the City of Myrtle Beach, and he overruled the Point on line 40.
In reference to the similar Point raised by Rep. M.D. BURRISS on line 32, Brookgreen Gardens, the SPEAKER stated that Brookgreen Gardens is operated under a 50-year lease with the State of South Carolina from the Huntington family, and he overruled the Point on line 32.
Rep. BLACKWELL 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 Section 70.
At 2:15 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Reps. P. BRADLEY and HENDRICKS a leave of absence for the remainder of the day.
The SPEAKER granted Rep. J. BRADLEY a temporary leave of absence.
Debate was resumed on the following Bill, the pending question being the consideration of Section 70.
H. 3880 -- The General Appropriations Bill.
Debate was resumed on Section 70.
Debate was resumed on Amendment No. 68, which was proposed on Monday, March 14, by Rep. HASKINS.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Reps. PETTIGREW and HASKINS proposed the following Amendment No. 69 (Doc. No. 9183b), which was tabled.
Amend the bill, as and if amended, PART I, SECTION 70, DEPARTMENT OF PARKS, RECREATION AND TOURISM, PAGE 70-005, LINE 06, by inserting in columns (7) and (8) /0/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. PETTIGREW explained the amendment.
Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 48 to 26.
Reps. E.B. McLEOD, BLANDING, McELVEEN, BAXLEY, and G. BROWN proposed the following Amendment No. 95, which was tabled.
Amend, as and if amended. Section 70-005.
Add Line 41, Sumter Iris Festival and Gardens, Column 6, /$10,000/.
Rep. E.B. McLEOD explained the amendment.
Rep. McABEE moved to table the amendment, which was agreed to.
Rep. ELLIOTT proposed the following Amendment No. 99 (Doc. No. 9212b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 70, DEPT. OF PARKS, RECREATION & TOURISM, PAGE 70-005, LINE 04, OPPOSITE /ADVERTISING/, by inserting in column (7) /3,221,126/ and in column (8) /1,736,126/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. ELLIOTT explained the amendment.
The amendment was then adopted.
Rep. SIMPSON proposed the following Amendment No. 100 (Doc. No. 9184b), which was tabled.
Amend the bill, as and if amended, PART I, SECTION 70, DEPT. OF PARKS, RECREATION AND TOURISM, PAGE 70-005, LINE 39, by striking /Arthur Smith Fishing Tour./ and by inserting /Calhoun Mansion - Clemson Campus - permanent improvements/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. SIMPSON explained the amendment.
Rep. McABEE moved to table the amendment, which was agreed to by a division vote of 47 to 27.
Section 70, as amended, was adopted.
Debate was resumed on Section 87 Provisos.
Debate was resumed on Amendment No. 29, which was proposed on Monday, March 14, by Rep. KOON.
Rep. KLAPMAN explained the amendment.
Rep. McABEE raised the Point of Order that Amendment No. 29 to Section 87 was out of order as it was not germane to the Bill under Rule 5.4.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Debate was resumed on Section 122.
Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.
Debate was resumed on Section 127.
Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.
Debate was resumed on Section 128.
The Ways and Means Committee proposed the following Amendment No. 16 (Doc. No. 9147b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 128-REVENUE, PAGE 128-001, LINE 31, /Motor Transport Fees/ by striking in the Ways and Means Estimate Column $/6,100,000/, and inserting $/6,358,407/.
Amend further, LINE 47, /Indirect Cost Recoveries/ by striking in the Ways and Means Estimate Column $/20,054,007/, and inserting $/20,655,373/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.
Rep. McLELLAN moved to reconsider the vote whereby Section 129.16 was adopted, which was agreed to.
Rep. McLELLAN proposed the following Amendment No. 88 (Doc. No. 9194b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 129.16, PAGE 129-006, RIGHT COLUMN, by striking lines 27-38.
Amend further, line 27, by inserting /Provided further, that in all construction, improvement and renovation of state buildings, the applicable standards and specifications set forth in each of the following codes shall be followed: The Standard Building Code-1988 Edition; The Standard Plumbing Code-1988 Edition; The Standard Gas Code-1988 Edition; The Standard Mechanical Code-1988 Edition as adopted by the Southern Building Code Congress International, Inc.; The National Electrical Code-NFPA 70-1987; The National Electrical Safety Code-ANSI-C2-1987 Edition and Pamphlet 58 of the National Fire Protection Association 1986 Edition. Provided, however, that Appendices A, G, K and M of The Standard Building Code-1988 Edition shall not be followed.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Section 129.16, as amended, was adopted.
Rep. LEWIS proposed the following Amendment No. 101 (Doc. No. 2643J), which was ruled out of order.
Amend the bill, as and if amended, PART I, by adding at the end an appropriately numbered proviso to read:
/Section _____. The Speaker of the House of Representatives shall appoint an oversight committee of three members of the House to review and report to the House all agency actions relating to all court actions by the Federal Government against State agencies for alleged violations of the Civil Rights of Institutionalized Persons Act, 42 U.S.C., Section 1997 et seq./
Renumber sections to conform..
Amend totals and title to conform.
Rep. LEWIS explained the amendment.
Rep. KLAPMAN raised the Point of Order that Amendment No. 101 to Section 12 was out of order as it was not germane to the Bill under Rule 5.4.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. LEWIS moved to adjourn debate upon Section 129 Provisos, which was adopted.
Section 1 was adopted.
Section 4 was adopted.
Section 5 was adopted.
The Ways and Means Committee proposed the following Amendment No. 2 (Doc. No. 9123b), which was adopted.
Amend the bill, as and if amended, PART II, PERMANENT PROVISIONS, PAGE 129-013 by deleting Section 6 in its entirety.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 7 was adopted.
Section 8 was adopted.
Section 9 was adopted.
Rep. KIRSH explained the Section.
Section 10 was adopted.
Section 11 was adopted.
Section 13 was adopted.
Section 14 was adopted.
Rep. TOWNSEND proposed the following Amendment No. 79 (Doc. No. 9189b), which was adopted.
Amend the bill, as and if amended, PART II, SECTION 15, PAGE 129-017, LEFT COLUMN, LINE 09, by inserting after "met" /(4) a mid-year revenue shortfall results in a reduction of funds appropriated in accordance with Chapter 20 of Title 59 (The Education Finance Act). Waiver (4) does not apply to funds needed to meet the Minimum Salary Schedule for teachers in South Carolina./
Renumber sections to conform.
Amend total and title to conform.
Rep. TOWNSEND explained the amendment.
Rep. GILBERT moved to table the amendment, which was not agreed to by a division vote of 23 to 46.
The question then recurred to the adoption of the amendment, which was agreed to.
Section 15, as amended, was adopted.
Section 16 was adopted.
Rep. BOAN proposed the following Amendment No. 75 (Doc. No. 9191b), which was adopted.
Amend the bill, as and if amended, PART II, SECTION 17, PAGE 129-018, RIGHT COLUMN, LINE 04, by inserting after "vocational" /school/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Rep. BOAN proposed the following Amendment No. 105 (Doc. No. 9193b), which was adopted.
Amend the bill, as and if amended, PART II, SECTION 17, PAGE 129-018, RIGHT COLUMN, LINE 08, by inserting after "directors" /on less than a monthly basis/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BOAN explained the amendment.
The amendment was then adopted.
Section 17, as amended, was adopted.
Rep. AYDLETTE proposed the following Amendment No. 35, which was tabled.
Amend, as and if amended. Part II, by adding a new Section numbered.
(____) "The S.C. State Ports Authority and the Santee Cooper Authority shall submit their budgets to the General Assembly and shall be published in the annual appropriation bill."
Rep. AYDLETTE explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. AYDLETTE spoke in favor of the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 35 to Part II was out of order as it was not germane to the Bill.
The SPEAKER stated that it related to an appropriation in Part I of the Bill, and he overruled the Point of Order.
Rep. H. BROWN moved to table the amendment.
Rep. LEWIS demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 52 to 35.
Rep. AYDLETTE proposed the following Amendment No. 52 (Doc. No. 2598J), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-7-210, AS AMENDED, OF THE 1976 CODE, RELATING TO INCOME TAXES, SO AS TO CHANGE THE RATES ON INCOME TAXES IMPOSED ON MARRIED INDIVIDUALS FILING JOINTLY, SURVIVING SPOUSES, AND HEADS OF HOUSEHOLD, UNMARRIED INDIVIDUALS, MARRIED INDIVIDUALS FILING SEPARATELY, AND ESTATES, TRUSTS, AND NONRESIDENT INDIVIDUALS.
(A) Section 12-7-210 of the 1976 Code, as last amended by Section 25B, Part II, of Act 170 of 1987, is further amended to read:
"Section 12-7-210. A tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
(a) Married individuals filing jointly, surviving spouses, and heads of households:
Not over $5,400 no tax
over $5,400 but not 3 percent of the
over $7,500 excess over $5,400
over $7,500 but not $100 plus 4 percent of
over $9,500 the excess over $7,500
over $9,500 but not $200 plus 5 percent of
over $15,000 the excess over $9,500
over $15,000 $300 plus 6 percent of
the excess over $15,000
(b) Unmarried individuals (not including surviving spouses and heads of households):
Not over $4,500 no tax
over $4,500 but not $50 plus 3 percent of the
over $6,500 excess over $4,500
over $6,500 but not $100 plus 4 percent of
over $8,500 the excess over $8,500
over $8,500 but not $200 plus 5 percent of
over $10,500 the excess over $8,500
over $10,500 but not $300 plus 6 percent of
over $15,000 the excess over $10,500
$15,000 $400 plus 7 percent of
the excess over $15,000
(c) Married individuals filing separately:
Not over $4,000 no tax
over $4,000 but not $50 plus 3 percent of the
over $6,000 excess over $4,000
over $6,000 but not $100 plus 4 percent of
over $8,000 the excess over $6,000
over $8,000 but not $200 plus 5 percent of
over $10,000 the excess over $10,000
over $10,000 but not $300 plus 6 percent of
over $15,000 the excess over $15,000
$15,000 $400 plus 7 percent of
the excess over $15,000
(d) Estates and trusts and nonresident individuals:
Not over $2,000 2 percent of taxable
income
over $2,000 but not $40 plus 3 percent of
over $4,000 the excess over $2,000
over $4,000 but not $100 plus 4 percent of
over $6,000 the excess over $4,000
over $6,000 but not $180 plus 5 percent of
over $8,000 the excess over $6,000
over $8,000 but not $280 plus 6 percent of
over $10,000 the excess over $8,000
over $10,000 $400 plus 7 percent of
the excess over $10,000.
(e) The commission may issue tax tables consistent with the rates set pursuant to this section for taxpayers with taxable incomes of less than fifty thousand dollars."
(B) These changes are effective for the 1987 tax year. All persons must file tax returns based on tax law in effect before the effective date of this act but they are allowed to file an amended return after the effective date of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. AYDLETTE explained the amendment.
Rep. KIRSH raised the Point of Order that Amendment No. 52 was out of order as it was a general tax increase or decrease affecting more than fifty percent of the population, which statutorily cannot be included in Part II of the General Appropriation Bill.
Rep. J. BRADLEY argued that Section 11-11-440 only applied to the increase of taxes, and that the amendment would decrease taxes.
The SPEAKER, citing Code Section 11-11-440, overruled the Point of Order.
Rep. AYDLETTE continued speaking.
Rep. CORNING moved to adjourn debate upon the amendment.
Rep. KIRSH moved to table the motion to adjourn debate, which was agreed to.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. AYDLETTE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 32.
Rep. AYDLETTE proposed the following Amendment No. 53 (Doc. No. 2605J), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-7-210, AS AMENDED, OF THE 1976 CODE, RELATING TO THE IMPOSITION OF THE INCOME TAX, SO AS TO PROVIDE FOR A TAX ON CAPITAL GAINS.
Section 12-7-210 of the 1976 Code, as last amended by Section 25B, Part II, of Act 170 of 1987, is further amended by adding at the end:
"All capital gains are treated as ordinary income, but only fifty percent of the capital gain is taxable. Only twenty-five percent is taxable for a person sixty-five years of age or over."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. AYDLETTE explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. PETTIGREW proposed the following Amendment No. 55 (Doc. No. 2588J), which was tabled.
Amend the bill, as and if amended, PART II, by adding an appropriately numbered SECTION to read:
TO AMEND SECTION 12-7-1220 OF THE 1976 CODE, RELATING TO THE TARGETED NEW JOBS CORPORATE INCOME TAX CREDIT, SO AS TO ALLOW THE CREDIT TO BE TAKEN AGAINST THE STATE INCOME TAX OF ALL QUALIFYING EMPLOYERS, CORPORATE OR INDIVIDUAL, AND TO ALLOW PARTNERS AND SUBCHAPTER S CORPORATION SHAREHOLDERS TO CLAIM THEIR PROPORTIONATE SHARE OF THE CREDITS.
A. Subsections (B), (C), (D), and (E) of Section 12-7-1220 of the 1976 Code (formerly Section 12-7-616) are amended to read:
"(B) Permanent business enterprises engaged in manufacturing, processing, warehousing, wholesaling, research and development, and service-related industries in counties designated by the commission as less developed areas are allowed a job tax credit for taxes imposed by this chapter equal to one thousand dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees subJect to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those permanent businesses that increase employment by ten or more in a less developed area are eligible for the credit. Credit is not allowed during any of the five years if the net employment increase falls below ten. The commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of ten.
(C) Permanent business enterprises engaged in manufacturing, processing, warehousing, wholesaling, research and development, and service-related industries in counties that have been designated by the commission as moderately developed areas are allowed a job tax credit for taxes imposed by this chapter equal to six hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those permanent businesses that increase employment by eighteen or more in areas that have not been designated less developed areas are eligible for the credit. The credit is not allowed during any of the five years if the net employment increase falls below eighteen. The commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of eighteen.
(D) Permanent business enterprises engaged in manufacturing, processing, warehousing, wholesaling, research and development, and service-related industries in counties designated by the commission as developed areas are allowed a job tax credit for taxes imposed by this chapter equal to three hundred dollars annually for each new full-time employee job for five years beginning with years two through six after the creation of the job. The number of new full-time jobs must be determined by comparing the monthly average number of full-time employees subject to South Carolina income tax withholding for the taxable year with the corresponding period of the prior taxable year. Only those permanent businesses that increase employment by fifty or more in developed areas are eligible for the credit. The credit is not allowed during any of the five years if the net employment increase falls below fifty. The commission shall adjust the credit allowed each year for net new employment fluctuations above the minimum level of fifty.
(E) Taxi credits for five years for the taxes imposed by this chapter must be awarded for additional new full-time Jobs created by business enterprises qualified under subsections (B), (C), and (D) of this section. Additional new full-time jobs must be determined by subtracting highest total employment of the business enterprise during years two through six, or whatever portion of year two through six completed, from the total increased employment. The commission shall adjust the credit allowed in the event of employment fluctuations during the additional five years of credit."
B. Section 12-7-1220 of the 1976 Code (formerly Section 12-7-616) is amended by adding at the end:
"(H) Partners and shareholders of Subchapter S corporations may claim their proportionate share of the credits allowed by this section in the manner prescribed by the Tax Commission."
C. This section is effective for new Jobs added after 1986./
Renumber sections to conform.
Amend totals and title to conform.
Rep. PETTIGREW explained the amendment.
Reps. KIRSH and McLELLAN spoke against the amendment.
Rep. PETTIGREW spoke in favor of the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to.
Rep. AYDLETTE proposed the following Amendment No. 66 (Doc. No. 2615J), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-7-435, AS AMENDED, OF THE 1976 CODE, RELATING TO ALLOWABLE DEDUCTIONS IN COMPUTING THE INCOME TAX, SO AS TO ALLOW SALES TAX AS A DEDUCTION.
Section 12-7-435 of the 1976 Code, as last amended by Section 25E, Part II, of Act 170 of 1987, is further amended by adding an appropriately lettered item to read:
"( ) All South Carolina sales taxes paid."/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. AYDLETTE explained the amendment.
Rep. KIRSH moved to table the amendment, which was agreed to by a division vote of 56 to 25.
Reps. AYDLETTE, HUFF and McELVEEN proposed the following Amendment No. 63 (Doc. No. 2598J), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-7-210, AS AMENDED, OF THE 1976 CODE, RELATING TO INCOME TAXES, SO AS TO CHANGE THE RATES ON INCOME TAXES IMPOSED ON MARRIED INDIVIDUALS FILING JOINTLY, SURVIVING SPOUSES, AND HEADS OF HOUSEHOLD, UNMARRIED INDIVIDUALS, MARRIED INDIVIDUALS FILING SEPARATELY, AND ESTATES, TRUSTS, AND NONRESIDENT INDIVIDUALS.
(A) Section 12-7-210 of the 1976 Code, as last amended by Section 25B, Part II, of Act 170 of 1987, is further amended to read:
"Section 12-7-210. A tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
(a) Married individuals filing jointly, surviving spouses, and heads of households:
Not over $5,400 no tax
over $5,400 but not 3 percent of the
over $7,500 excess over $5,400
over $7,500 but not $100 plus 4 percent of
over $9,500 the excess over $7,500
over $9,500 but not $200 plus 5 percent of
over $15,000 the excess over $9,500
over $15,000 $300 plus 6 percent of
the excess over $15,000
(b) Unmarried individuals (not including surviving spouses and heads of households):
Not over $4,500 no tax
over $4,500 but not $50 plus 3 percent of the
over $6,500 excess over $4,500
over $6,500 but not $100 plus 4 percent of
over $8,500 the excess over $8,500
over $8,500 but not $200 plus 5 percent of
over $10,500 the excess over $8,500
over $10,500 but not $300 plus 6 percent of
over $15,000 the excess over $ 10,500
$15,000 $400 plus 7 percent of
the excess over $ 15,000
(c) Married individuals filing separately:
Not over $4,000 no tax
over $4,000 but not $50 plus 3 percent of the
over $6,000 excess over $4,000
over $6,000 but not $100 plus 4 percent of
over $8,000 the excess over $6,000
over $8,000 but not $200 plus 5 percent of
over $10,000 the excess over $10,000
over $10,000 but not $300 plus 6 percent of
over $ 15,000 the excess over $ 15,000
$15,000 $400 plus 7 percent of
the excess over $ 15,000
(d) Estates and trusts and nonresident individuals:
Not over $2,000 2 percent of taxable
income
over $2,000 but not $40 plus 3 percent of
over $4,000 the excess over $2,000
over $4,000 but not $100 plus 4 percent of
over $6,000 the excess over $4,000
over $6,000 but not $180 plus 5 percent of
over $8,000 the excess over $6,000
over $8,000 but not $280 plus 6 percent of
over $10,000 the excess over $8,000
over $10,000 $400 plus 7 percent of
the excess over $10,000.
(e) The commission may issue tax tables consistent with the rates set pursuant to this section for taxpayers with taxable incomes of less than fifty thousand dollars."
(B) These changes are effective for the 1988 tax year. All persons must file tax returns based on tax law in effect before the effective date of this act but they are allowed to file an amended return after the effective date of this act./
Renumber sections to conform.
Amend totals and title to conform.
Rep. AYDLETTE explained the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. AYDLETTE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, G. Bailey, K. Baxley Beasley Bennett Blackwell Blanding Boan Carnell Dangerfield Day Edwards Foster Gordon Harris, J. Harris, P. Hayes Helmly Holt Johnson, J.W. Keyserling Kirsh Lewis Lockemy Martin, D. Martin, L. Mattos McAbee McBride McGinnis McLellan McTeer Moss Neilson Nesbitt Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Sheheen Shelton Short Simpson Snow Tucker Washington Whipper White Wilder Williams
Those who voted in the negative are:
Alexander, T.C. Aydlette Barfield Bradley, J. Brown, G. Brown, H. Brown, R. Burriss, M.D. Chamblee Clyborne Cole Cooper Cork Derrick Faber Foxworth Gentry Haskins Hearn Huff Humphries Johnson, J.C. Jones Kay Koon Lanford Limehouse Mappus McCain McEachin McElveen McKay McLeod, E.B. Pettigrew Petty Rudnick Sharpe Sturkie Taylor Thrailkill Wells Wilkins Winstead
So, the amendment was tabled.
Rep. RUDNICK proposed the following Amendment No. 77 (Doc. No. 2632J), which was ruled out or order.
Amend the bill, as and if amended, in PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
To Amend Chapter 3, Title 56, Code of Laws of South Carolina, 1976, Relating to Motor Vehicle Registration and Licensing, by Adding Article 33 so as to Provide for Special License Plates for Retired Members of the General Assembly, Including Provisions which set an Annual fee and Which make it Unlawful Knowingly to Permit the License Plate to be Displayed on any Vehicle Except the one Authorized by the Department of Highways and Public Transportation.
Chapter 3 of Title 56 of the 1976 Code is amended by adding:
Section 56-3-2910. The Department of Highways and Public Transportation may issue a special motor vehicle license plate to any retired member of the General Assembly who has a vested interest in the General Assembly Retirement System and who is a resident of the State for a private passenger motor vehicle or truck, having a rated capacity of one ton or less, registered in his name. The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any person. The revenue from the issuance of plates under this article must be deposited in the manner provided for under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department. Any retired member of the General Assembly who is issued a license plate under the provisions of this article is not required to reapply so long as he owns the vehicle for which the plate is issued or is authorized pursuant to this article. The provisions of this article do not apply if the retired member applies for special personalized motor vehicle license plate under the provisions of Section 56-3-2010 or if the person, at the time of making application under this article, is under suspension by either house of the General Assembly, is an expelled member of the General Assembly, or is being prosecuted for or is under sentence imposed by any court of competent jurisdiction for any criminal violation of law committed while he was a member of the General Assembly.
Section 56-3-2920. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with the words 'South Carolina House, Retired', or 'State Senate, Retired', depending upon the house in which the applicant most recently served at the time of making the application, together with numbers which the department may determine to be necessary or expedient. The licensing period for the plate is on an annual basis and expires twelve months from the month it is issued.
Section 56-3-2930. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for any person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.
Section 56-3-2940. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. Any person violating the provisions of this article or any person who: (a) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact, or (c) otherwise commits fraud in the application or in the use of any special license plate issued hereunder is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or by both."/
Renumber sections to conform.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. BEASLEY raised the Point of Order that Amendment No. 77 to Part II was out of order as it was not germane to the Bill.
Rep. RUDNICK raised the Point of Order that Rep. BEASLEY was not in his seat at the time the Point was made, which Point was sustained by the SPEAKER.
Rep. ALTMAN thereupon raised the Point of Order that Amendment No. 77 to Part II was out of order as it was not germane to the Bill.
Rep. RUDNICK argued that past precedents showed that similar amendments were germane.
The SPEAKER, citing Rule 5.3, sustained the Point of Order and ruled the amendment out of order.
Rep. RUDNICK proposed the following Amendment No. 81 (Doc. No. 9199b), which was adopted.
Amend the bill, as and if amended, PART II, INSERT a NEW SECTION AFTER SECTION 17, /To amend the Code of Laws of South Carolina, 1976, by adding Section 9-1-1545 so as to provide that a member of the South Carolina Retirement System eligible for both service retirement and disability retirement may submit applications for both retirements, and upon approval of the disability retirement application, the member may choose which retirement he receives.
Be it enacted by the General Assembly of the State of South Carolina:
Section 1. The 1976 Code is amended by adding:
"Section 9-1-1545. A member may submit an application for service retirement and disability retirement. If the member qualifies for service retirement before the application for disability retirement is approved, the member, upon his request, may begin receiving service retirement benefits immediately. If the application for retirement disability is subsequently approved, the member may choose either the service retirement plan or the disability retirement plan."
Section 2. This act takes effect upon approval by the Governor.
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. KIRSH spoke upon the amendment.
The amendment (Section 18) was then adopted by a division vote of 56 to 14.
Rep. RUDNICK proposed the following Amendment No. 84 (Doc. No. 2636J), which was ruled out of order.
Amend the bill, as and if amended, in PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
To Amend the Code of Laws of South Carolina, 1976, by Adding Article 43 to Chapter 3 of Title 56 so as to Provide for Special License Plates for Retired Members of the United States Armed Forces and to Provide a Penalty for a Person who Commits Fraud in the Application or use of the Plate.
Chapter 3 of Title 56 of the 1976 Code is amended by adding:
Section 56-3-4110. (A) The Department of Highways and Public Transportation shall issue a special motor vehicle license plate to any retired member of the United States Armed Forces who is a resident of this State in accordance with the provisions of this section.
(B) The annual fee for the special license plate is the regular motor vehicle registration fee plus the personalized license plate fee provided by Section 56-3-2020, and only one plate may be issued to any person. The revenue from the issuance of plates under this article must be deposited in the manner provided under Section 56-3-2020. The department shall issue the license plate or the revalidation sticker upon receipt of an application made under oath and in the form required by the department.
(C) Any person is authorized to use the special license plates provided by this section if he provides evidence that he is a retired member of the United States Armed Forces.
Section 56-3-4120. The special license plate must be of the same size and general design as regular motor vehicle license plates. The department shall imprint the special license plates with the words 'United States Armed Forces, Retired'.
Section 56-3-4130. A license plate issued pursuant to this article may be transferred to another vehicle of the same weight class owned by the same person upon application being made and approved by the department. It is unlawful for any person to whom the plate has been issued knowingly to permit it to be displayed on any vehicle except the one authorized by the department.
Section 56-3-4140. The provisions of this article do not affect the registration and licensing of motor vehicles as required by other provisions of this chapter but are cumulative to those other provisions. Any person violating the provisions of this article or any person who: (a) fraudulently gives false or fictitious information in any application for a special license plate, as authorized in this article, (b) conceals a material fact, or (c) otherwise commits fraud in the application or in the use of any special license plate issued under the provisions of this article is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than two hundred dollars or by imprisonment for not more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. HASKINS raised the Point of Order that Amendment No. 84 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. McTEER proposed the following Amendment No. 96 (Doc. No. 2634J), which was adopted.
Amend the bill, as and if amended, Part II, Permanent Provisions, by adding a new section, appropriately numbered, to read:
TO AMEND SECTION 12-27-1300 OF THE 1976 CODE, RELATING TO THE SELECT OVERSIGHT COMMITTEE TO OVERSEE THE ESTABLISHMENT OF PRIORITIES FOR IMPLEMENTING THE STRATEGIC HIGHWAY PLAN FOR IMPROVING MOBILITY AND SAFETY PROGRAM, SO AS TO INCREASE THE MEMBERSHIP OF THE COMMITTEE BY ADDING TWO MEMBERS OF THE HOUSE OF REPRESENTATIVES APPOINTED BY THE SPEAKER AND TWO MEMBERS OF THE SENATE APPOINTED BY THE PRESIDENT OF THE SENATE.
Section 12-27-1300 of the 1976 Code is amended by adding two appropriately numbered items to read:
"( ) two members of the House of Representatives appointed by the Speaker of the House;
( ) two members of the Senate appointed by the President of the Senate."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER explained the amendment.
The amendment (Section 19) was then adopted.
Reps. LOCKEMY and G. BAILEY proposed the following Amendment No. 103 (Doc. No. 2656J), which was adopted.
Amend the bill, as and if amended, in PART II, PERMANENT PROVISIONS, by adding an appropriately numbered section to read:
To Amend Section 44-6-210 of the 1976 Code, Relating to Eligibility for aid to Families with Dependent Children and Medicaid, so as to Direct the State Health and Human Services Finance Commission to Expand Medicaid Eligibility for aged and Disabled Persons Consistent with Federal Poverty Guidelines Within the Limits of Available Funds and From Fees Assessed Against any Persons Convicted of Crimes for Which the Penalty is at Least Three Years' Imprisonment.
Section 44-6-210 of the 1976 Code is amended by adding at the end:
"The State Health and Human Services Finance Commission, within the funds appropriated for this purpose including funds generated by a fine as provided in this paragraph shall expand the number of persons eligible for the state Medicaid program by providing Medicaid benefits to aged and disabled persons as authorized by the federal government in the Sixth Omnibus Budget Reconciliation Act of 1986. A fine of twenty-five dollars must be levied on every criminal violation, the penalty for which is at least three years imprisonment in addition to the monetary fine. This fine must be set apart and used exclusively by the commission as provided in this paragraph. The commission shall promulgate regulations to effectuate the collection and disbursement of monies generated from the fee required by this paragraph."/
Renumber sections to conform.
Amend title to conform.
Rep. LOCKEMY explained the amendment.
The amendment (Section 20) was then adopted.
Rep. LEWIS proposed the following Amendment No. 106 (Doc. No. 9216b), which was adopted.
Amend the bill, as and if amended, Part II, by adding at the end an appropriately numbered proviso to read:
/Section 21. The Speaker of the House of Representatives shall appoint an oversight committee of three members of the House to review and report to the House on the expenditures contained in Part I hereof caused by actions of the Federal Government against state agencies for alleged violations of the Civil Rights of Institutionalized Persons Act, 42, U.S.C., Section 1997 et seq. and future suits which may cause further expenditures by the State of South Carolina./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LEWIS explained the amendment.
The amendment (Section 21) was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 108 (Doc. No. 2655J), which was adopted.
Amend the bill, as and if amended, by adding a new section to Part II to be appropriately numbered which shall read:
TO REPEAL SECTIONS 59-101-200 THROUGH 59-101-270, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND ITEM (3), SECTION 24, PART II OF ACT 349 OF 1969, RELATING TO THE CHARLESTON HIGHER EDUCATION CONSORTIUM.
(A) Sections 59-101-200 through 59-101-270 of the 1976 Code are repealed.
(B) Item (3) of Section 24, Part II of Act 349 of 1969 is repealed.
(C) This section takes effect July 1, 1988./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
The amendment (Section 22) was then adopted.
Rep. LIMEHOUSE proposed the following Amendment No. 110 (Doc. No. 9219b), which was ruled out of order.
Amend the bill, as and if amended, PART II, PAGE 129-018, RIGHT COLUMN, by inserting a new provision to read as follows: Section _____ TO AMEND THE CODE OF LAWS OF S.C. BY ADDING A NEW SECTION SO AS TO REQUIRE THE REMITTANCE OF $100,000 OF FUNDS FROM THE S.C. PORTS AUTHORITY TO THE STATE GENERAL FUND. Be it enacted by the General Assembly of the State of South Carolina: Section _____: The 1976 Code is amended by adding: /The S.C. Ports Authority is required to remit to the State General Fund annually an amount of $100,000./
Renumber sections to conforms
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. HOLT spoke against the amendment.
Rep. EDWARDS raised the Point of Order that Amendment No. 110 was out of order as it was not germane to the Bill.
Rep. LIMEHOUSE argued contra the Point.
The SPEAKER, citing Rule 5.3, sustained the Point of Order and ruled the amendment out of order.
Reps. RUDNICK and GREGORY proposed the following Amendment No. 112 (Doc. No. 2646J), which was ruled out of order.
Amend the bill, as and if amended, in PART II, PERMANENT PROVISIONS, by adding a new section appropriately numbered to read:
TO AMEND SECTION 20-7-1750, RELATING TO THE CERTIFICATION OF PERSONS WHO CONDUCT INVESTIGATIONS WHICH ARE REQUIRED PRIOR TO FINAL HEARING FOR THE ADOPTION OF A CHILD, SO AS TO AUTHORIZE A QUALIFIED EMPLOYEE OF THE DEPARTMENT OF SOCIAL SERVICES TO CONDUCT THE INVESTIGATION AND AUTHORIZE THE DEPARTMENT TO CHARGE A FEE FOR CONDUCTING THE INVESTIGATION.
The first paragraph of Section 20-7-1750 of the 1976 Code is amended to read:
"With the exception of the persons provided for in items (1), (2), and (4) of subsection (A) of Section 20-7-1705, any person obtaining a consent of relinquishment for the purpose of adoption must be certified by the Children's Bureau. Any person conducting an investigation for the adoption of a child pursuant to Section 20-7-1740 also must be certified by the Children's Bureau. However, where the adoption petitioner or prospective adoption petitioner is a nonresident of this State, a South Carolina family court may authorize a qualified nonresident to conduct any investigations required under Section 20-7-1740. Also, any qualified employee of the Department of Social Services may conduct the investigation required under Section 20-7-1740 and the Department may charge a fee of one hundred fifty dollars for this investigation."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. GREGORY explained the amendment.
Rep. WINSTEAD raised the Point of Order that Amendment No. 112 to Part II was out of order as it was not germane to the Bill.
Rep. GREGORY argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. AYDLETTE, HUFF and McELVEEN proposed the following Amendment No. 113 (Doc. No. 2598J), which was tabled.
Amend the bill, as and if amended, Part II, by adding an appropriately numbered section to read:
TO AMEND SECTION 12-7-210, AS AMENDED, OF THE 1976 CODE, RELATING TO INCOME TAXES, SO AS TO CHANGE THE RATES ON INCOME TAXES IMPOSED ON MARRIED INDIVIDUALS FILING JOINTLY, SURVIVING SPOUSES, AND HEADS OF HOUSEHOLD, UNMARRIED INDIVIDUALS, MARRIED INDIVIDUALS FILING SEPARATELY, AND ESTATES, TRUSTS, AND NONRESIDENT INDIVIDUALS.
(A) Section 12-7-210 of the 1976 Code, as last amended by Section 25B, Part II, of Act 170 of 1987, is further amended to read:
"Section 12-7-210. A tax is imposed on the South Carolina taxable income of individuals, estates, and trusts computed at the following rates:
(a) Married individuals filing jointly, surviving spouses, and heads of households:
Not over $5,000 no tax
over $5,000 but not 3 percent of the
over $7,500 excess over $5,000
over $7,500 but not $100 plus 4 percent of
over $10,000 the excess over $7,500
over $10,000 but not $200 plus 5 percent of
over $15,000 the excess over $10,000
over $15,000 $300 plus 6 percent of
the excess over $ 15,000
(b) Unmarried individuals (not including surviving spouses and heads of households):
Not over $4,500 no tax
over $4,500 but not $50 plus 3 percent of the
over $6,000 excess over $4,500
over $6,500 but not $100 plus 4 percent of
over $8,000 the excess over $8,000
over $8,000 but not $200 plus 5 percent of
over $10,000 the excess over $8,000
over $10,000 but not $300 plus 6 percent of
over $15,000 the excess over $10,000
$15,000 $400 plus 7 percent of
the excess over $15,000
(c) Married individuals filing separately:
Not over $4,000 no tax
over $4,000 but not $50 plus 3 percent of the
over $6,000 excess over $4,000
over $6,000 but not $100 plus 4 percent of
over $8,000 the excess over $6,000
over $8,000 but not $200 plus 5 percent of
over $10,000 the excess over $10,000
over $10,000 but not $300 plus 6 percent of
over $15,000 the excess over $15,000
$15,000 $400 plus 7 percent of
the excess over $15,000
(d) Estates and trusts and nonresident individuals:
Not over $2,000 2 percent of taxable
income
over $2,000 but not $40 plus 3 percent of
over $4,000 the excess over $2,000
over $4,000 but not $100 plus 4 percent of
over $6,000 the excess over $4,000
over $6,000 but not $180 plus 5 percent of
over $8,000 the excess over $6,000
over $8,000 but not $280 plus 6 percent of
over $10,000 the excess over $8,000
over $10,000 $400 plus 7 percent of
the excess over $10,000.
(e) The commission may issue tax tables consistent with the rates set pursuant to this section for taxpayers with taxable incomes of less than fifty thousand dollars."
(B) These changes are effective for the 1988 tax year.
Renumber sections to conform.
Amend totals and title to conform.
Rep. AYDLETTE explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. BAKER demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 37.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 5B was adopted was taken up.
Rep. KIRSH moved to table the motion.
Rep. R. BROWN demanded the yeas and nays, which were not ordered.
The motion to table was agreed to by a division vote of 63 to 26.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 5C was adopted was taken up and agreed to.
Rep. KIRSH proposed the following Amendment No. 56 (Doc. No. 9178b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 5C - GOVERNORS OFFICE EXEC. POLICY & PROGRAMS, PAGE 5-007, LINE 03, by inserting in columns (7) and (8) /0/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Section 5C, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section,10 was adopted was taken up and agreed to.
Reps. HAYES, TUCKER, HUFF and M.D. BURRISS proposed the following Amendment No. 73 (Doc. No. 9196b), which was adopted.
Amend the bill, as and if amended, Part I, Section 10, Attorney General's Office, Page 10-001, by inserting after line 11,
Columns (7) and (8)
/Administrative Assistant III $8,656
(1.00)
Clerical Specialist A $4,000/
(1.00)
Amend further, page 10-001, line 14, opposite /Contractual Services/ by inserting in columns (7) and (8) /$528,475/.
Amend further, page 10-001, line 15, opposite /Supplies and Materials/ by inserting in columns (7) and (8) /$70,700/.
Amend further, page 10-001, line 16, opposite /Fixed Charges/ by inserting in columns (7) and (8) /$440,990/.
Amend further, page 10-002 line 25, opposite /Employer Contributions/ by inserting in columns (7) and (8) /$1,231,941/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Section 10, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 10.1 was adopted was taken up and agreed to.
Reps. BLANDING, T. ROGERS and BLACKWELL proposed the following Amendment No. 74 (Doc. No. 9188b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 10, ATTORNEY GENERAL, PAGE 10-003, LINE 03, by striking /$73,513/ and inserting /$71,720/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. BLANDING explained the amendment.
The amendment was then adopted.
Section 10.1, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 29 was adopted was taken up and agreed to.
Rep. J.C. JOHNSON proposed the following Amendment No. 47 (Doc. No. 9177b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 29, ST. BD. FOR TECHNICAL & COMPREHENSIVE EDUCATION, PAGE 29-002, LINE 13, OPPOSITE /SHORT TERM AND INNOVATIVE TRAINING/, by inserting in columns (7) and (8) /726,573/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. J.C. JOHNSON explained the amendment.
The amendment was then adopted.
Section 29, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 29 Provisos were adopted was taken up and agreed to.
Reps. J.C. JOHNSON and KIRSH proposed the following Amendment No. 104 (Doc. No. 9209b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 29, STATE BD. FOR TECHNICAL AND COMPREHENSIVE ED., PAGE 29-005, RIGHT COLUMN, LINE 26, by inserting a new proviso to read: /Of the funds appropriated herein, $100,000 must be contracted to the S.C. Literacy Association./
Renumber sections to conform.
Amend totals and title to conform.
The amendment (Section 29.9) was then adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 30 was adopted was taken up and agreed to.
Rep. KIRSH proposed the following Amendment No. 90 (Doc. No. 9179b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 30 - DEPT. OF EDUCATION, PAGE 30-006, LINE 11, by inserting in columns (7) and (8) /2,935,970/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
Rep. HASKINS proposed the following Amendment No. 117, which was tabled.
Amend the bill as and if amended, Part I, Section 30 State Education Department by inserting on page 30-006, line 28 in Column 7 /$2,900,000.00/.
Amend the bill further as and if amended by inserting on page 30-004, line 09 by inserting in Columns 7 and 8 /$23,479,187/.
Rep. HASKINS explained the amendment.
Rep. AYDLETTE moved to table the amendment, which was agreed to.
Section 30, as amended, was adopted.
The SPEAKER granted Reps. WELLS and LIMEHOUSE a leave of absence for the remainder of the day.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 30 Provisos was adopted was taken up and agreed to.
Rep. McTEER proposed the following Amendment No. 72 (Doc. No. 9198b), which was adopted.
Amend the bill, as and if amended, PART 1, SECTION 30, DEPT. OF EDUCATION, PAGE 30-025, LINE 23, RIGHT COLUMN, by inserting a new proviso: /The State Department of Education shall submit to the General Assembly by January 1, 1989, a plan for implementing a Teacher Incentive Program which is based on classroom performance and which de-emphasizes out-of-class activities.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER explained the amendment.
The amendment (Section 30.96) was then adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 37 was adopted was taken up and agreed to.
Rep. M.D. BURRISS proposed the following Amendment No. 114 (Doc. No. 9211b), which was adopted.
Amend the bill, as and if amended, SECTION 37 SC STATE LIBRARY PAGE 37-002, LINE 23 OPPOSITE /SUPPLIES AND MATERIALS/ BY INSERTING IN COLUMN (7) /$65,000/ AND COLUMN (8) /$25,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. M.D. BURRISS explained the amendment.
The amendment was then adopted by a division vote of 77 to 6.
Reps. RUDNICK, JONES, SHARPE and HUFF proposed the following Amendment No. 93 (Doc. No. 9206b), which was tabled.
Amend the bill, as and if amended, PART I, SECTION 37, S.C. STATE LIBRARY, PAGE 37-003, by inserting a new line after line 34,
(7) (8)
/Aiken Co. Library-Permanent
Improvements $50,000 $50,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. RUDNICK explained the amendment.
Rep. KLAPMAN moved to table the amendment, which was agreed to.
Reps. RUDNICK, JONES, SHARPE and HUFF proposed the following Amendment No. 92 (Doc. No. 9206b), which was tabled.
Amend the bill, as and if amended, PART I, SECTION 37, S.C. STATE LIBRARY, PACE 37-003, by inserting a new line after line 34,
(7) (8)
/Aiken Co. Library-Permanent
Improvements $40,000 $40,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Reps. RUDNICK, JONES, SHARPE and HUFF proposed the following Amendment No. 91 (Doc. No. 9206b), which was tabled.
Amend the bill, as and if amended, PART I, SECTION 37, S.C. STATE LIBRARY, PAGE 37-003, by inserting a new line after line 34,
(7) (8)
/Aiken Co. Library-Permanent
Improvements $30,000 $30,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN moved to table the amendment, which was agreed to by a division vote of 62 to 22.
Section 37, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 40 was adopted was taken up and agreed to.
Rep. LOCKEMY proposed the following Amendment No. 118 (Doc. No. 9220b), which was adopted.
Amend the bill, as and if amended, Part I, Sec. 40, Health and Human Services Finance Commission, page 40-004, after line 22, by adding a new subsection after subsection C as follows:
(7) (8)
/D. Assistance Payments-
Aged & Disabled $2,237,137 0.00/
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOCKEMY explained the amendment.
The amendment was then adopted.
Section 40, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 41 was adopted was taken up.
Rep. HOLT moved to table the motion, which was agreed to.
Rep. McLELLAN moved to reconsider the vote whereby Section 41.32 was adopted, which was agreed to.
Rep. MATTOS proposed the following Amendment No. 116 (Doc. No. 9181b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 41 - DHEC, PAGE 41-032, RIGHT-HAND COLUMN, PROVISO NO. 41.32, by striking lines 22-42 and inserting:
/Wastewater Treatment - NPDES Permit
Major facility
(flow greater than 2,000,000 gal/day) 600
Major facility
(flow 1,000,000-2,000,000 gal/day) 400
Wastewater Treatment - NPDES Permit
Minor Facility
(flow 500,000-1,000,000 gal/day) 300
Minor facility
(flow 100,000 - 500,000 gal/day) 200
Minor facility
(flow 50,000 - 100,000 gal/day) 100
Minor facility
(flow less than 50,000 gal/day) 50
Consolidated Permits
(greater than 5 discharges) 300/disch. over 5
Water Supply operating permit
Major facility
(serving more than 10,000 people) 600
Minor facility
(serving less than 10,000 people) 300
Air Quality operating permits
Major facility
(greater than 1,000 tons/year) 600
Major facility
(250 - 1,000 tons/year) 500
Minor facility
(100 - 250 tons/year) 300
Minor facility
(50 - 100 tons/year) 200
Minor facility
(less than 50 tons/year) 100/
Rep. MATTOS explained the amendment.
The amendment was then adopted.
Section 41.32, as amended, was adopted.
The motion of Rep. McLELLAN to reconsider the vote whereby Section 43 was adopted was taken up.
Rep. GORDON moved to table the motion, which was agreed to by a division vote of 53 to 12.
Debate was resumed on Section 128.
Rep. LIMEHOUSE proposed the following Amendment No. 111 (Doc. No. 9218b), which was tabled.
Amend the bill, as and if amended, PART I, SECTION 128, GENERAL, SCHOOL, HIGHWAY AND EIA REVENUE, PAGE 128-001, by inserting after line 34 a new line to read:
/SC Ports Authority $100,000/
Renumber sections to conform.
Amend totals and title to conform.
Rep. AYDLETTE explained the amendment.
Reps. HOLT, WASHINGTON and J. BRADLEY spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
Rep. McCAIN moved to table the amendment, which was agreed to.
Rep. McLELLAN moved to adjourn debate upon the Section, which was adopted.
Debate was resumed on Section 129 Provisos.
Rep. NEILSON proposed the following Amendment No. 121 (Doc. No. 9221b), which was adopted.
Amend the bill, as and if amended, Part I, Sec. 129, page 129-012, after Proviso 129.47 by inserting a new proviso at the end as follows 129.48:
/There is established a committee to study an Alternate Electronic Funds Transfer System to deliver benefits to qualified recipients. The committee shall consist of one representative from each of the following agencies: The S.C. Department of Social Services, S.C. Health and Human Services Finance Commission, the S.C. Employment Securities Commission, The State Reorganization Commission. One member each shall be appointed by the President of the Senate, The Speaker of the House of Representatives, and the Governor. The committee shall develop recommendations concerning the feasibility of pursuing electronic means by which client benefits can be distributed. The committee shall determine the short-term and long-term costs to the state, as well as potential benefits, including the savings that such electronic benefit transfer systems could realize. The committee shall make recommendations to the State Board of Social Services relative to the implementation of a pilot project. A final report of the committee's recommendations shall be submitted to the General Assembly no later than September 15, 1988./
Renumber sections to conform.
Amend totals and title to conform.
Rep. NEILSON explained the amendment.
Rep. M.D. BURRISS raised the Point of Order that Amendment No. 121 was out of order as it was not germane to the Bill.
Rep. NEILSON argued contra to the Point.
The SPEAKER stated the amendment was germane and he overruled the Point of Order.
The amendment (Section 129.48) was then adopted by a division vote of 79 to 3.
Rep. McLELLAN moved to reconsider the vote whereby Section 45.7 was adopted, which was agreed to.
Reps. WASHINGTON, HELMLY and CARNELL proposed the following Amendment No. 122 (Doc. No. 9214b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 45, DEPT. OF SOCIAL SERVICES, PAGE 45-018, PROVISO 45.7, LINE 16, by striking /$481.00/ and inserting /$488.00/.
Amend further, LINE 17, by striking /$456.00/ and inserting /$463.00/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. WASHINGTON explained the amendment.
The amendment was then adopted.
Section 45.7, as amended, was adopted.
Rep. McLELLAN moved to reconsider the vote whereby Section 45 was adopted, which was agreed to.
Reps. WASHINGTON, HELMLY and CARNELL proposed the following Amendment No. 123 (Doc. No. 9213b), which was adopted.
Amend the bill, as and if amended, PART I, SECTION 45, DEPT. OF SOCIAL SERVICES, PAGE 45-016, LINE 24, OPPOSITE /General Assistance-Residential Care Facilities/ by inserting in columns (7) and (8) /$5,378,421/.
Renumber sections to conform.
Amend totals and title to conform.
Section 45, as amended, was adopted.
Debate was resumed on Section 122.
Section 122 was adopted.
Debate was resumed on Section 127.
Section 127 was adopted.
Debate was resumed on Section 128.
Section 128 was adopted.
Rep. McLELLAN moved to withdraw all pending motions to reconsider, which was agreed to.
Rep. SHEHEEN spoke in favor of the Bill.
Rep. J. BRADLEY moved to reconsider the vote whereby Section 62 was adopted, which was agreed to.
The motion of Rep. J. BRADLEY to reconsider the vote whereby Amendment No. 62 was adopted was taken up and agreed to.
Rep. J. BRADLEY moved to table the amendment, which was agreed to.
Section 62 was adopted.
Rep. GORDON made a statement relative to the SPEAKER, ROBERT SHEHEEN.
Rep. McEACHIN moved that when the House adjourns it adjourn to meet at 11:00 A.M. tomorrow, which was agreed to by a division vote of 68 to 27.
Rep. RUDNICK moved that when the House adjourns it adjourn out of respect for the dedicated work of the House Staff, which was agreed to.
Rep. McLELLAN made a statement relative to the General Appropriations Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. McLELLAN 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. Baker Barfield Baxley Beasley Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Foxworth Gentry Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettle. Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilkins Williams Winstead
Those who voted in the negative are:
Aydlette Kohn
So, the Bill, as amended, was read the second time and ordered to third reading.
Please record me as voting "aye" on H. 3880. I was meeting with a constituent in the Lobby of the House when the Bill was called to a vote.
/s/Rep. JOSEPH McELVEEN
The following was introduced:
H. 3973 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 3713, RELATING TO, AMONG OTHER THINGS, ADDING CODE SECTIONS 48-39-270 THROUGH 48-39-360 SO as TO PROVIDE FOR BEACH PROTECTION THROUGH A FORTY-YEAR PROGRAM TO RESTORE THE BEACH/DUNE SYSTEM TO ITS NATURAL DYNAMIC EQUILIBRIUM, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THIRD READING OF H. 3880 (THE GENERAL APPROPRIATION BILL) AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 3713 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 3713 be set by special order for second reading or other consideration immediately following third reading of H. 3880 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until H. 3713 is given second reading or it is otherwise disposed of.
Rep. HUFF explained the House Resolution.
The Resolution was adopted.
Rep. T. ROGERS moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3755 -- Reps. Huff, Sharpe, Rudnick, Pettigrew, Gentry and Jones: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME THE BRIDGE LOCaTED AT THE INTERSECTION OF MARTINTOWN ROAD AND INTERSTATE 20 IN THE CITY OF NORTH AUGUSTA IN AIKEN COUNTY, THE "JOHN L. HIXON BRIDGE".
H. 3959 -- Rep. Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE DOLORES V. MACEY, ACSW, SOCIAL WORK DIRECTOR OF HALL INSTITUTE, FOR BEING CHOSEN 1988 SOCIAL WORKER OF THE YEAR BY THE SOUTH CAROLINA STATE CHAPTER NATIONAL ASSOCIATION OF SOCIAL WORKERS.
H. 3960 -- Rep. Edwards: A CONCURRENT RESOLUTION CONGRATULATING MR. TOM YOUNG OF SPARTANBURG COUNTY UPON RECEIVING THE SMALL-BUSINESS PERSON OF THE YEAR AWARD FROM THE SPARTANBURG AREA CHAMBER OF COMMERCE.
H. 3971 -- Rep. Rudnick: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF MR. JESSE C. MILLER OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3972 -- Aiken Delegation: A CONCURRENT RESOLUTION CONGRATULATING THE GIRLS' BASKETBALL TEAM OF SOUTH AIKEN HIGH SCHOOL UPON WINNING THE 1988 CLASS AAA STATE CHAMPIONSHIP.
At 6 :35 P.M. the House in accordance with the motion of Rep. RUDNICK adjourned out of respect for the dedicated work of the House Staff to meet at 11:00 A.M. tomorrow.
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