Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
You understand, Lord, how hard it is to please the public. Help us in our efforts, using the experiences of the past and the examples of others. Remove from us all obstacles that would hinder our discerning of Your will. Direct our energies. Instruct our minds. Make clear our thinking. Endow us with the ability of insight, with disciplined thoughts, and with accurate expressions and sound judgments. Enable us to pray with the Psalmist: "Show me Your ways, O Lord; teach me Your paths. Lead me in Your truth and teach me; for You are the God of my salvation; on You do I wait all the day".
Thank You, our Father, for this privilege of prayer.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following were received.
March 23, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 23, 1988, regulations concerning Classified Waters, Rabon Creek from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
March 24, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 969)
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 24, 1988 regulations concerning Sea Turtle Protection from the S.C. Wildlife and Marine Resources Department.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
March 25, 1988
The Honorable Lois T. Shealy
Clerk of the S.C.
House of Representatives
Dear Mrs. Shealy:
Pursuant to Act 176 of 1977, I have received on March 25, 1988 regulations concerning Display of Decals Bearing Title Number from the S.C. Wildlife and Marine Resources Department.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., March 24, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3356:
H. 3356 -- Reps. Waldrop, J. Bradley, J. Brown, R. Brown, Carnell, Chamblee, Davenport, Elliott, Felder, Ferguson, Harvin, Huff, McAbee, J.W. McLeod, Moss, White,. Wilder, Winstead, Wells, Cole, Stoddard, P. Bradley, Rice, Lanford and Clyborne: A BILL TO AMEND SECTIONS 9-11-60 AND 9-11-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CALCULATION OF RETIREMENT ALLOWANCES AND YEARS OF SERVICE REQUIRED FOR RETIREMENT ELIGIBILITY FOR MEMBERS OF THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO INCREASE FROM ONE AND THREE-FOURTHS TO TWO PERCENT THE FRACTION USED IN CALCULATING RETIREMENT ALLOWANCES AND TO REDUCE FROM THIRTY TO TWENTY-FIVE YEARS THE YEARS OF SERVICE NECESSARY TO RETIRE AT ANY AGE WITHOUT PENALTY, TO MAKE THE PROVISIONS OF THIS ACT EFFECTIVE FOR MEMBERS RETIRING AFTER JUNE 30, 1988, TO DELETE PROVISIONS RELATING TO REDUCTION OF BENEFITS FOR MEMBERS WITH TWENTY-FIVE YEARS' SERVICE RETIRING BEFORE AGE FIFTY-FIVE, AND TO PROVIDE FOR INCREASES IN EMPLOYER AND EMPLOYEE CONTRIBUTIONS TO COVER THE ACTUARIAL COST OF THE ADDITIONAL BENEFITS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 24, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 607:
S. 607 -- General Committee: A BILL TO AMEND SECTION 40-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR REGISTRATION OF ARCHITECTS, SO AS TO DEFINE "PROFESSIONAL DEGREE"; TO AMEND SECTION 40-3-60, RELATING TO QUALIFICATIONS FOR SITTING THE LICENSURE EXAMINATION, SO AS TO PROVIDE THAT A PROFESSIONAL DEGREE IS EQUIVALENT TO FIVE YEARS' WORK EXPERIENCE AND TO REQUIRE EXAMINATION APPLICANTS AFTER JUNE 30, 1990, TO MEET THE EXPERIENCE REQUIREMENTS OF THE NATIONAL COUNCIL OF ARCHITECTURAL REGISTRATION BOARDS; TO AMEND SECTION 40-3-80, RELATING TO THE EXAMINATION APPLICATION FEE, SO AS TO AUTHORIZE THE BOARD OF ARCHITECTURAL EXAMINERS TO SET A FEE OF NOT MORE THAN ONE HUNDRED DOLLARS; TO AMEND SECTION 40-3-90, RELATING TO THE ANNUAL RENEWAL FEE, SO AS TO INCREASE THE PENALTY FOR LATE PAYMENT; TO AMEND SECTION 40-3-110, RELATING TO THE REQUIRED USE OF THE ARCHITECT'S SEAL, SO AS TO CLARIFY THE DEFINITION OF ARCHITECT; TO AMEND SECTION 40-3-120, RELATING TO SUSPENSION OR REVOCATION OF CERTIFICATES, SO AS TO INCREASE THE PERIOD OF NOTICE OF CHARGES AND TO AUTHORIZE THE COUNCIL TO IMPOSE CIVIL PENALTIES NOT TO EXCEED TWO THOUSAND DOLLARS AND TO PROVIDE FOR THE DISPOSITION OF THE REVENUE AND PROCEDURES FOR PAYMENT; TO AMEND THE 1976 CODE BY ADDING SECTION 40-3-180 SO AS TO REQUIRE AUTHORITIES ISSUING BUILDING PERMITS TO VERIFY THAT THE ARCHITECT IS REGISTERED IN THE STATE AND TO PROVIDE EXCEPTIONS; AND TO AUTHORIZE PERSONS TO QUALIFY FOR THE EXAMINATION UNDER THE EXPERIENCE PROVISIONS OF PRIOR LAW IF THE APPLICANT FILES A WRITTEN NOTICE OF INTENT WITH THE BOARD ON OR BEFORE JANUARY 1, 1990, AND QUALIFIES UNDER PRIOR LAW ON OR BEFORE JANUARY 2, 1996.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., March 24, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 2610:
H. 2610 -- Judiciary Committee: A BILL TO AMEND SECTION 15-3-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATION OF CIVIL ACTIONS, SO AS TO REDUCE THE LIMITATION PERIOD FROM SIX YEARS TO THREE YEARS; TO AMEND SECTION 15-3-535, RELATING TO THE TIME WITHIN WHICH CERTAIN ACTIONS FOR CRIMINAL CONVERSATION AND THEIR ACTIONS MUST BE COMMENCED, SO AS TO REVISE THIS TIME; TO AMEND SECTION 15-3-545, RELATING TO THE STATUTE OF LIMITATIONS IN MALPRACTICE ACTIONS, SO AS TO PROVIDE A TOLLING PERIOD OF NOT MORE THAN SEVEN YEARS ON ACCOUNT OF MINORITY; TO AMEND THE 1976 CODE BY ADDING SECTION 15-33-125, SO AS TO PERMIT A NEW TRIAL LIMITED TO DAMAGES ONLY IN THOSE INSTANCES WHERE THE PLAINTIFF WAS ENTITLED TO A DIRECT VERDICT OF LIABILITY; BY ADDING SECTION 15-33-135, SO AS TO PROVIDE A DEFINITION OF PUNITIVE DAMAGES IN CIVIL ACTIONS; TO AMEND SECTION 15-1-300, RELATING TO CONTRIBUTORY NEGLIGENCE IN MOTOR VEHICLE ACCIDENT ACTIONS, SO AS TO BROADEN THE SECTION TO PROVIDE FOR THE GENERAL APPLICATION OF THE RULE OF COMPARATIVE NEGLIGENCE IN CERTAIN TORT ACTIONS, TO PROVIDE FOR JOINT AND SEVERAL LIABILITY OF JOINT TORTFEASORS, AND TO PROHIBIT SETOFFS IN CERTAIN CASES; TO AMEND SECTION 15-73-20, RELATING TO LIABILITY AND RECOVERY AGAINST SELLERS OF DEFECTIVE PRODUCTS, SECTION 42-1-520 RELATING TO DEFENSES AVAILABLE TO EMPLOYERS UNDER THE WORKERS' COMPENSATION LAW, SECTION 56-5-3220 RELATING TO THE EFFECT OF THE FAILURE OF CERTAIN INCAPACITATED PERSONS TO CARRY A CANE OR BE GUIDED BY A GUIDE DOG ON STREETS AND HIGHWAYS, SECTION 56-5-6460 RELATING TO A VIOLATION OF CHILD PASSENGER RESTRAINT SYSTEM LAWS NOT CONSTITUTING NEGLIGENCE, SECTION 58-17-1440 RELATING TO THE PENALTY AND DAMAGES FOR INJURY AT RAILROAD CROSSINGS IF REQUIRED SIGNALS ARE NOT GIVEN, AND SECTION 58-11-3730 RELATING TO ACTIONS AGAINST RAILROAD COMMON CARRIERS, SO AS TO CONFORM THESE SECTIONS TO THE ABOVE PROVISIONS AND TO DELETE ANY REFERENCES TO CONTRIBUTORY NEGLIGENCE AND CERTAIN OTHER REFERENCES OR DEFENSES IN CONFLICT WITH THE DOCTRINE OF COMPARATIVE NEGLIGENCE; TO AMEND TITLE 15 OF THE 1976 CODE, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 38 SO AS TO ENACT THE SOUTH CAROLINA CONTRIBUTION AMONG TORTFEASORS ACT; TO PROVIDE FOR LIABILITY FOR THE WRONGFUL USE OF A CIVIL PROCEEDING AND TO PROVIDE DAMAGES THEREFOR.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was taken up for immediate consideration and accepted.
March 23, 1988
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
As per our telephone conversation with Kathryn Jeter in mid-March, we would like to formally invite all of our South Carolina Representatives to attend a Legislators' Breakfast on Thursday, April 21, 1988 at 8:30 A.M. at the Town House Hotel.
The breakfast is being co-hosted by the following: The S.C. Victim Assistance Network (SCVAN), Citizens Against Violent Crime (CAVE), Mothers Against Drunk Drivers (MADD), The S.C. Coalition Against Domestic Violence and Sexual Assault (SCCADVASDA), and The S.C. Victims Compensation Fund.
We look forward to meeting our Representatives at this time.
Sincerely,
Rita J. Covil
S.C. Victim Assistance Network
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1258 -- Senators Lourie, Courson, Giese and Patterson: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE BRIDGE LOCATED IN RICHLAND COUNTY ON HARBISON BOULEVARD, SECONDARY ROAD 757, CROSSING I-26, FOR THE LATE SALVADOR LATORRE, SR.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1350 -- Senator Garrison: A CONCURRENT RESOLUTION MEMORIALIZING THE CONGRESS OF THE UNITED STATES TO ENACT H.R. 3907, WHICH REPEALS PROVISIONS OF THE TAX REFORM ACT OF 1986 CONCERNING CAPITALIZATION REQUIREMENTS FOR RAISING LIVESTOCK WITH A PREPRODUCTION PERIOD OF TWO YEARS OR MORE.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1232 -- Senators Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO PROPOSE AN AMENDMENT TO THE SIXTEENTH AMENDMENT TO THE UNITED STATES CONSTITUTION SO AS TO PROHIBIT CONGRESS FROM ENACTING LEGISLATION PROVIDING FOR THE COLLECTION OF INCOME TAXES RETROACTIVELY; TO INSURE THAT THE RIGHT OF THE STATES TO FINANCE THE PUBLIC PURPOSES ESTABLISHED BY THEM MAY NOT BE INFRINGED; TO PROHIBIT CONGRESS FROM TAXING DIRECTLY OR INDIRECTLY THE INCOME DERIVED FROM GENERAL OR SPECIAL OBLIGATIONS ISSUED BY OR ON BEHALF OF THE STATES, THEIR POLITICAL SUBDIVISIONS OR AUTHORIZED AUTHORITIES, AND TO PROHIBIT THE TAXATION OF THE PROCEEDS OF OR INCOME ON THESE PROCEEDS; AND TO PROHIBIT CONGRESS FROM TAXING OR RESTRICTING THESE OBLIGATIONS OR EXCLUDING AS DEDUCTIONS FROM INCOME, TAXES PAID PURSUANT TO THE LAWS OF ANY STATE OR INTEREST ON AMOUNTS BORROWED BY ANY FINANCIAL INSTITUTION TO PURCHASE OR CARRY THESE OBLIGATIONS.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4027 -- Reps. McLeod, Blanding, McElveen, G. Brown and Baxley: A HOUSE RESOLUTION TO REQUEST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO INCLUDE AS A CONDITION OF A PERMIT ISSUED TO A COMMERCIAL HAZARDOUS WASTE LANDFILL THAT THE TONNAGE MUST BE ESTABLISHED AS THE AMOUNT OF HAZARDOUS WASTE THE LANDFILL MAY LEGALLY ACCEPT DURING THE PERIOD OF THE PERMIT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Rep. KIRSH, for the minority, submitted an unfavorable report, on:
H. 3712 -- Reps. Edwards, Wilkins, L. Martin, Petty, Winstead, O. Phillips, Carnell, Washington, McBride, Cork, M.D. Burriss and Taylor: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION ESTABLISHMENTS, AND ALL ADDITIONS TO EXISTING HEADQUARTERS, OFFICE FACILITIES, OR DISTRIBUTION ESTABLISHMENTS IN SOUTH CAROLINA, IF THE COST IS FIFTY THOUSAND DOLLARS OR MORE AND SEVENTY-FIVE OR MORE NEW FULL-TIME JOBS ARE CREATED IN SOUTH CAROLINA, QUALIFY FOR THE FIVE YEAR ABATEMENT FROM ORDINARY COUNTY PROPERTY TAXES OF NEW MANUFACTURING ESTABLISHMENTS; TO ESTABLISH WITHIN THE OFFICE OF THE GOVERNOR AN ECONOMIC DEVELOPMENT INCENTIVE FUND FROM WHICH PAYMENTS OF UP TO FIVE HUNDRED THOUSAND DOLLARS MAY BE MADE DIRECTLY TO QUALIFIED CORPORATIONS OR COMPANIES TO OFFSET THE COSTS ASSOCIATED WITH ESTABLISHING THE CORPORATION'S OR COMPANIES' HEADQUARTERS IN THIS STATE; AND TO PROVIDE THAT QUALIFYING CORPORATIONS ESTABLISHING A HEADQUARTERS OR ADMINISTRATIVE OPERATION IN THIS STATE, OR ADDING TO AN EXISTING HEADQUARTERS OR OPERATION, ARE ALLOWED A CORPORATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF CERTAIN DEVELOPMENT OR CONSTRUCTION COSTS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1182 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, OF CHAPTER 54, OF TITLE 12, ENTITLED "UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE SOUTH CAROLINA TAX COMMISSION", AND TO AMEND THE 1976 CODE BY ADDING ARTICLE 3 IN CHAPTER 54 OF TITLE 12, SO AS TO ENACT THE SETOFF DEBT COLLECTION ACT, AND TO REPEAL SECTIONS 12-7-2240 AND 12-53-55 OF THE 1976 CODE, RELATING TO EXISTING REFUND SETOFF AND INFORMATION EXCHANGE PROVISION MADE OBSOLETE BY THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3392 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND CHAPTER 51 OF TITLE 12 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COLLECTION OF PROPERTY TAXES, BY ADDING SECTIONS 12-51-15, 12-51-180, 12-51-190, 12-51-200, 12-51-210, 12-51-220, 12-51-230, 12-51-240, 12-51-250, 12-51-260, 12-51-270, 12-51-280, AND 12-51-290 SO AS TO PROVIDE DEFINITIONS, TO AUTHORIZE THE DELINQUENT TAX COLLECTOR TO EMPLOY OR APPOINT OTHERS TO ASSIST IN THE COLLECTION OF TAXES, TO PROVIDE A FORM FOR TAX EXECUTIONS, TO DEFINE THE DUTIES OF THE DELINQUENT TAX COLLECTOR, TO AUTHORIZE THE SALE OF REAL OR PERSONAL PROPERTY WITHOUT REFERRING TO HEIRS, THE ESTATE, OR SUCCESSORS OF A DECEASED TAXPAYER OR A TAXPAYER NO LONGER IN EXISTENCE, TO ALLOW A DEFAULTING TAXPAYER TO HAVE THE TAX SALE SUSPENDED IF HE OFFERS SATISFACTORY EVIDENCE THAT HE HAS PAID THE TAXES OR THAT THE TAXES HAVE BEEN IMPROPERLY ASSESSED AND WITHIN TWENTY DAYS TAKES ACTION PROVIDED BY LAW TO CORRECT THE ASSESSMENT AND PROSECUTE THE ACTION TO A SUCCESSFUL CONCLUSION, PROVIDE FOR CASES WHERE BIDS AT A TAX SALE DO NOT EQUAL TAXES, ASSESSMENTS, PENALTIES, AND COSTS, AND TO ESTABLISH A FIRST LIEN IN FAVOR OF A TAX SALE PURCHASER FOR THE PURCHASE PRICE AND THE VALUE OF IMPROVEMENTS IF THE PURCHASER IS DISPOSSESSED BECAUSE OF A DEFECTIVE TITLE; TO AMEND SECTION 12-47-70, RELATING TO ABATEMENT OR REFUND OF INCORRECT PROPERTY TAXES, SO AS TO INCREASE TO FIVE YEARS THE PERIOD DURING WHICH A CLAIM FOR ABATEMENT OR REFUND MAY BE MADE; TO AMEND SECTION 12-51-40, RELATING TO THE DUTIES OF THE DELINQUENT TAX COLLECTOR, SO AS TO REQUIRE PAYMENT OF DELINQUENT TAXES BY THE CLOSE OF BUSINESS ON THE LAST BUSINESS DAY BEFORE THE DAY OF THE SALE; TO AMEND SECTIONS 12-51-50 AND 12-51-60, RELATING TO THE DUTIES OF THE DELINQUENT TAX COLLECTOR WITH RESPECT TO TAX SALES, SO AS TO MAKE GRAMMATICAL CHANGES AND DELETE UNNECESSARY LANGUAGE; TO AMEND SECTION 12-51-70, RELATING TO DEFAULTING BIDDERS AT TAX SALES, SO AS TO PROVIDE THAT A DEFAULTING BIDDER IS LIABLE FOR THE COSTS OF ADVERTISING THE PROPERTY AND A PENALTY EQUAL TO TEN PERCENT OF THE BID AND TO MAKE THE AMOUNT OF THE COSTS AND PENALTY A FIRST LIEN ON ALL PROPERTY OF THE DEFAULTING BIDDER; TO AMEND SECTION 12-51-80, RELATING TO THE DUTIES OF THE TREASURER WITH RESPECT TO THE PROCEEDS OF TAX SALES, SO AS TO REQUIRE THE TREASURER TO INVEST THE PROCEEDS UNTIL CLAIMED AND DISTRIBUTED; TO AMEND SECTION 12-51-100, RELATING TO REDEMPTION OF PROPERTY, SO AS TO PROVIDE FOR PROOF OF PAYMENTS WHEN THE TAX SALE RECEIPT IS LOST OR DESTROYED; TO AMEND SECTION 12-51-170, RELATING TO CONTRACTING FOR THE COLLECTION OF MUNICIPAL TAXES, SO AS TO CONFORM THE LANGUAGE TO OTHER PROVISIONS OF THIS ACT; TO REDESIGNATE SECTION 12-45-70, RELATING TO PROPERTY TAX DUE DATES, AS SECTION 12-51-25 AND INCORPORATE IN IT THE DEFINITIONS ADDED BY THIS ACT, AND TO REDESIGNATE SECTION 12-45-180, RELATING TO PENALTIES, AS SECTION 12-51-35, AND TO PROVIDE FOR ALTERNATE DUE DATES WHEN DUE DATES FALL ON HOLIDAYS OR WEEKENDS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 1157 -- Senator McGill: A JOINT RESOLUTION TO EXTEND THE DEADLINE FOR FILING APPLICATIONS TO CLAIM AGRICULTURAL USE FOR REAL PROPERTY FOR PURPOSES OF AD VALOREM TAXATION FOR TAXABLE YEARS 1986, 1987, AND 1988 UNTIL JULY 1, 1988.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3651 -- Reps. M.D. Burriss, L. Phillips, T.M. Burriss and Hearn: A BILL TO AMEND SECTION 57-1-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REIMBURSEMENT TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR EXPENSES PAID FOR THE DEDICATION OF ROADS OR BRIDGES NAMED IN HONOR OF AN INDIVIDUAL BY ACT OF THE GENERAL ASSEMBLY, SO AS TO EXPAND THE PROVISIONS OF THE SECTION TO INCLUDE OTHER HIGHWAY FACILITIES, TO PROVIDE THAT THE REIMBURSEMENT MUST BE FOR EXPENSES INCURRED AND MUST COME FROM THE "C" FUNDS OF THE COUNTY WHEREIN THE ROAD OR FACILITY IS LOCATED RATHER THAN FROM THE STATE HIGHWAY FUND, TO REVISE THE MANNER IN WHICH REIMBURSEMENT FOR THESE EXPENSES IS APPROVED, TO LIMIT THE AMOUNT OF THESE EXPENSES, AND TO PROVIDE FOR THE REIMBURSEMENT OF EXPENSES INCURRED BY THE DEPARTMENT TO NAME AND DEDICATE A HIGHWAY FACILITY PURSUANT TO A REQUEST FROM OTHER THAN THE GENERAL ASSEMBLY.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, Rep. McABEE, for the minority, submitted an unfavorable report, on:
H. 3666 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-43-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSIFICATION OF PROPERTY AND ASSESSMENT RATIOS FOR PURPOSES OF AD VALOREM TAXATION, SO AS TO PROVIDE THAT REAL PROPERTY DOES NOT QUALIFY FOR THE SPECIAL ASSESSMENT FOR AGRICULTURAL REAL PROPERTY UNLESS IN THE CASE OF TIMBERLAND THE TRACT IS FIVE ACRES OR MORE OR IN THE CASE OF FARMLAND, THE TRACT IS TEN ACRES OR MORE, OR IN THE CASE OF TRACTS OF LESS THAN TEN ACRES, THERE IS GROSS FARM INCOME OF AT LEAST ONE THOUSAND DOLLARS IN THREE OF THE FIVE YEARS PRECEDING THE YEAR OF APPLICATION FOR THE ASSESSMENT, TO MAKE NEW OWNERS OF LESS THAN TEN-ACRE TRACTS ELIGIBLE FOR THE SPECIAL ASSESSMENT SUBJECT TO THE ROLLBACK TAX IF THEY FAIL TO MEET THE SAME INCOME REQUIREMENTS IN THE FIRST FIVE YEARS OF OPERATIONS, TO PROVIDE FOR THE SPECIAL ASSESSMENT FOR LAND IDLE UNDER LAND RETIREMENT PROGRAMS AND LEASE OPERATIONS, TO AUTHORIZE THE ASSESSOR TO OBTAIN TAX INFORMATION AND THE AGRICULTURE STABILIZATION AND CONSERVATION SERVICE FARM IDENTIFICATION NUMBER TO VERIFY APPLICATIONS, AND TO REQUIRE APPLICANTS TO CERTIFY THAT THE REAL ESTATE MEETS THE REQUIREMENTS, TO MAKE ELIGIBLE UNTIL 1991 PROPERTY QUALIFYING AS AGRICULTURAL REAL PROPERTY IN 1987 IF OWNERSHIP IS UNCHANGED; TO AMEND THE 1976 CODE BY ADDING SECTION 12-43-340 SO AS TO MAKE IT UNLAWFUL KNOWINGLY AND WILFULLY TO MAKE A FALSE STATEMENT ON AN APPLICATION FOR SPECIAL ASSESSMENT FOR AGRICULTURAL REAL PROPERTY AND PROVIDE A PENALTY AND TO EXEMPT FROM THE ROLLBACK TAX LANDOWNERS MADE INELIGIBLE FOR THE SPECIAL ASSESSMENT BY THE PROVISIONS OF THIS ACT.
Ordered for consideration tomorrow.
On motion of Rep. KEYSERLING, with unanimous consent, the following was taken up for immediate consideration:
H. 4037 -- Rep. Shelton: A CONCURRENT RESOLUTION TO INVITE THE WINNERS OF THE 1988 SOUTH CAROLINA FOLK HERITAGE AWARD AND THE THE MEMBERS OF THE 1988 SOUTH CAROLINA FOLK HERITAGE AWARD ADVISORY COMMITTEE TO ATTEND A JOINT SESSION OF THE HOUSE OF REPRESENTATIVES AND THE SENATE IN THE HALL OF THE HOUSE IMMEDIATELY FOLLOWING THE CONCLUSION OF THE ELECTION OF SOUTH CAROLINA COLLEGE AND UNIVERSITY BOARDS OF TRUSTEES SET BY THE PROVISIONS OF H. 3788 OF 1988, AND TO RECOGNIZE AND COMMEND THEM FOR THEIR OUTSTANDING CONTRIBUTIONS TO FOLK ART IN SOUTH CAROLINA.
Whereas, in 1987 the General Assembly created the South Carolina Folk Heritage Award to be presented each year by the General Assembly to South Carolina folk artists who have used their lives to create beauty and meaning for their communities and the State as a whole in ways that are significant because they have lasted, often for hundreds of years; and
Whereas, the winners of the 1988 South Carolina Folk Heritage Award represent citizens who have demonstrated excellence in folk art and have maintained and enriched the lives of all persons of their communities and of the State through their unique talents; and
Whereas, the 1988 South Carolina Folk Heritage Award is to be presented to four individual folk artists or folk art groups; Elbert Brown, Split Oak Basketmaker, Anderson County; The Chosen Sisters (Rosa Mae Tucker, Albertha Walker, and Alberteen Tucker), Black Gospel Music, Georgetown County; Snuffy Jenkins and Pappy Sherrill, Early Country Music, Richland and Lexington Counties; and Philip Simmons, Blacksmith, Charleston County; and
Whereas, the 1988 South Carolina Folk Heritage Award Advisory Committee, consisting of Mr. Walter Hathaway, Chair, Richland County; Ms. Nana Farris, Vice-Chair, Aiken County; Mr. Gilbert Blue, York County; Ms. Margaret Christmus, Greenville County; The Honorable Sara Shelton, Greenville County; Mrs. Henrietta Snype, Charleston County; and Dr. Gary Stanton, Richland County, have performed their duties admirably. Now, therefore,
Be it resolved by the House of Representative.c, the Senate concurring:
That the members of the General Assembly invite the winners of the 1988 South Carolina Folk Heritage Award and the members of the 1988 South Carolina Folk Heritage Award Advisory Committee to attend a joint session of the House of Representatives and the Senate in the Hall of the House immediately following the conclusion of the election of South Carolina College and University Boards of Trustees as set by H. 3788 of 1988, and recognize and commend the 1988 South Carolina Folk Heritage Award Winners for their outstanding contributions to folk art in South Carolina.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4038 -- Reps. Kirsh, McAbee and P. Harris: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA COMMISSION ON AGING TO DELAY THE APRIL 1, 1988, IMPLEMENTATION DATE OF PERFORMANCE-BASED CONTRACTING AND COMPETITIVE PROPOSAL PROCESSES ON AREA AGENCIES ON AGING.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
H. 4039 -- Rep. T. Rogers: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AND THE FIRST FLOOR LOBBY AREA OF THE STATE HOUSE ON TUESDAY, MAY 3, 1988, FROM 5:30 P.M. TO 8:30 P.M. FOR THE PRESENTATION OF THE COMMISSION'S ANNUAL ELIZABETH O'NEILL VERNER AWARDS.
Be it resolved by the House of Representatives of the State of South Carolina:
That the South Carolina Arts Commission is authorized to use the chamber of the House of Representatives and the first floor lobby area of the State House on Tuesday, May 3, 1988, from 5:30 p.m. to 8:30 p.m. for the presentation of the Commission's annual Elizabeth O'Neill Verner Awards. If the House of Representatives is in statewide session, the chamber may not be used.
Be it further resolved that the State House security forces shall provide assistance and access as necessary for this ceremony in accordance with applicable procedures.
The Resolution was adopted.
The Senate sent to the House the following:
S. 1359 -- Senator Lourie: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THEIR ESTEEMED FRIEND AND COLLEAGUE, REPRESENTATIVE GEORGE H. BAILEY, OF HOUSE DISTRICT 97 IN DORCHESTER COUNTY, ON THE OCCASION OF HIS FIFTY-FIRST BIRTHDAY, MARCH 24, 1988.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1365 -- Senator Mitchell: A CONCURRENT RESOLUTION TO EXPRESS APPRECIATION TO THE REVEREND COOPER PATRICK FOR THE MANY MEANINGFUL CONTRIBUTIONS HE HAS MADE TO THE WELL-BEING OF HIS COMMUNITY AND THE CITIZENS OF GREENVILLE COUNTY DURING HIS TWENTY-EIGHT YEAR MINISTRY AT OVERBROOK BAPTIST CHURCH AND TO WISH HIM MANY YEARS OF GOOD HEALTH AND HAPPINESS UPON THE OCCASION OF HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4040 -- Rep. Thrailkill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-40-415 SO AS TO PROVIDE THAT A LANDLORD SHALL DEPOSIT ALL SECURITY DEPOSITS AND PREPAID RENT IN AN INTEREST BEARING ESCROW ACCOUNT AND PAY A TENANT THE INTEREST EARNED WHEN THE DEPOSIT OR RENT IS RETURNED AND TO REQUIRE THEIR RETURN WITH INTEREST AFTER ONE YEAR IF THE TENANT HAS NOT BEEN DELINQUENT IN ANY PAYMENT DURING THAT PERIOD.
Referred to Committee on Labor, Commerce and Industry.
H. 4041 -- Reps. E.B. McLeod, McElveen, Whipper and Lewis: A BILL TO AMEND SECTION 8-11-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGENCY HEAD SALARY COMMISSION AND SALARY INCREASES FOR AGENCY HEADS, SO AS TO REQUIRE THE AGENCY HEAD SALARY COMMISSION TO SEND BY REGISTERED MAIL EVALUATION FORMS OR MATERIALS DIRECTLY TO THE INDIVIDUAL BOARD OR COMMISSION MEMBERS AT LEAST NINETY DAYS PRIOR TO THE SCHEDULED EVALUATION OF THE AGENCY HEAD, TO PROVIDE FOR THE RETURN OF THE EVALUATION FORMS OR MATERIALS TO THE AGENCY HEAD SALARY COMMISSION, TO PROVIDE FOR THE HOLDING OF THE EVALUATION FORMS OR MATERIALS IN STRICT CONFIDENCE, AND TO PROHIBIT THE DISCLOSURE OF THE CONTENTS OF THE FORMS OR MATERIALS BY THE AGENCY HEAD SALARY COMMISSION AND THE MEMBERS OF ANY BOARD OR COMMISSION.
Referred to Committee on Ways and Means.
H. 4042 -- Rep. Koon: A BILL TO AMEND SECTION 53-3-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FAMILY OF THE YEAR AND THE COMMITTEE TO CHOOSE THE FAMILY OF THE YEAR, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THIS COMMITTEE AND PROVIDE FOR THE MANNER OF THEIR APPOINTMENT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4043 -- Rep. T. Rogers: A BILL TO AMEND SECTION 5-37-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE MUNICIPAL IMPROVEMENT ACT OF 1973, SO AS TO REDEFINE "ASSESSMENT", "IMPROVEMENTS", "IMPROVEMENT DISTRICT", AND "IMPROVEMENT PLAN"; SECTION 5-37-40, AS AMENDED, RELATING TO THE ESTABLISHMENT OF IMPROVEMENT DISTRICTS, SO AS TO DELETE THE REQUIREMENT THAT THE MUNICIPAL GOVERNING BODY OBTAIN WRITTEN CONSENT FROM A MAJORITY OF PROPERTY OWNERS IN THE PROPOSED DISTRICT BEFORE CREATING THE DISTRICT, DESCRIBE CERTAIN PROPERTY AS EXEMPT FROM AD VALOREM TAXATION AS PROVIDED BY LAW INSTEAD OF EXEMPT UNDER THE PROVISIONS OF THE INTERNAL REVENUE CODE FOR PURPOSES OF DETERMINING THE NUMBER OF OWNERS OF REAL PROPERTY WHICH MUST SIGN A PETITION TO REQUIRE A MUNICIPAL GOVERNING BODY TO ESTABLISH A DISTRICT, AND AUTHORIZE A MUNICIPAL GOVERNING BODY TO CREATE AN IMPROVEMENT DISTRICT BY ORDINANCE AFTER MAKING A FINDING OF CERTAIN CONSIDERATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 5-37-45 SO AS TO AUTHORIZE AN AREA TO BE INCLUDED IN AN IMPROVEMENT DISTRICT CREATED; AFTER THE IMPROVEMENTS ARE BEGUN PURSUANT TO A PRECONSTRUCTION AGREEMENT.
Referred to Committee on Ways and Means.
H. 4044 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AUDITORS, ASSESSORS, AND APPOINTED APPRAISERS ATTEND EDUCATIONAL COURSES AS REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO DELETE THE EDUCATIONAL COURSE REQUIREMENT FOR AUDITORS.
Referred to Committee on Ways and Means.
H. 4045 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNIFORM METHOD OF COLLECTION AND ENFORCEMENT OF TAXES LEVIED AND ASSESSED BY THE TAX COMMISSION, BY ADDING SECTION 12-54-225 SO AS TO AUTHORIZE THE COMMISSION TO ENTER INTO AGREEMENTS WITH OTHER STATES FOR THE MUTUAL EXCHANGE OF TAX RETURNS, INFORMATION THEREON, AND RELATED INFORMATION.
Referred to Committee on Ways and Means.
H. 4046 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 18 SO AS TO ENACT THE UNIFORM UNCLAIMED PROPERTY ACT (1981), TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO REPEAL CHAPTER 17 OF TITLE 27, THE UNIFORM DISPOSITION OF UNCLAIMED PROPERTY ACT.
Referred to Committee on Ways and Means.
H. 4047 -- Reps. Hearn, M.D. Burriss and Corning: A BILL TO AMEND SECTION 40-57-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO REAL ESTATE, SO AS TO REVISE THE DEFINITION OF "PROPERTY MANAGER".
Referred to Committee on Labor, Commerce and Industry.
H. 4048 -- Rep. Foxworth: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT REAL PROPERTY OF EXEMPT CONSERVATION ORGANIZATIONS USED FOR CONSERVATION PURPOSES AND TO DEFINE "CONSERVATION PURPOSE".
Referred to Committee on Ways and Means.
H. 4049 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPOTTED SEA TROUT AND RED DRUM SO AS TO PROVIDE THAT THEY MAY BE TAKEN BY A GILL NET ONE HUNDRED FEET IN LENGTH OR LESS WITH A MESH SIZE OF THREE INCHES STRETCHED.
Rep. HOLT asked unanimous consent to have the Bill placed on the Calendar without reference.
Reps. SHARPE and PETTIGREW objected.
Referred to Committee on Agriculture and Natural Resources.
H. 4050 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE INSURANCE COMMISSION, SO AS TO PROVIDE THAT THERE MUST BE TWO EX OFFICIO MEMBERS OF THE COMMISSION, ONE OF WHOM IS A MEMBER OF THE HOUSE LABOR, COMMERCE AND INDUSTRY COMMITTEE APPOINTED BY THE CHAIRMAN THEREOF, AND ONE OF WHOM IS A MEMBER OF THE SENATE BANKING AND INSURANCE COMMITTEE APPOINTED BY THE CHAIRMAN THEREOF.
Referred to Committee on Labor, Commerce and Industry.
H. 4051 -- Rep. J. Bradley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-675 SO AS TO PROVIDE THAT ALL STATE AGENCIES, DEPARTMENTS, INSTITUTIONS OF HIGHER LEARNING, AND SCHOOLS, WHEN FLYING THE AMERICAN FLAG OUTSIDE FROM A FLAGPOLE SHALL ALSO FLY THE FLAG OF SOUTH CAROLINA IMMEDIATELY BELOW THE AMERICAN FLAG.
Referred to Committee on Education and Public Works.
H. 4052 -- Rep. J. Bradley: A BILL TO AMEND SECTIONS 38-73-720 AND 38-73-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, SO AS TO REVISE CERTAIN METHODS BY WHICH AUTOMOBILE INSURANCE RATES ARE ESTABLISHED IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
H. 4057 -- Rep. Huff: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVERS LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, GIVING FALSE INFORMATION AS TO AGE TO PURCHASE BEER OR WINE, SECTION 61-9-60, BUYING BEER OR WINE ON LICENSED PREMISES TO GIVE IT TO A PERSON WHO CANNOT LAWFULLY CONSUME IT ON THE PREMISES, SECTION 61-9-61, TRANSFERRING OR GIVING BEER OR WINE TO A PERSON UNDER AGE TWENTY-ONE, SECTION 20-7-370, UNDER AGE POSSESSION OF BEER OR WINE, AND SECTION 20-7-380, UNDER AGE POSSESSION OF ALCOHOLIC LIQUORS, TO PROVIDE THAT THE SUSPENSION IS FOR A PERIOD OF NINETY DAYS FOR A FIRST OFFENSE, SIX MONTHS FOR A SECOND OFFENSE, AND ONE YEAR FOR A THIRD OR SUBSEQUENT OFFENSE, TO PROVIDE THAT A VIOLATION OF ANY OF THE ENUMERATED OFFENSES IS CONSIDERED A PRIOR OFFENSE FOLLOWING CONVICTION OF ANY OF THE OTHER ENUMERATED OFFENSES, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Judiciary.
S. 708 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO ESTABLISH A NO WAKE ZONE ON THE CONGAREE RIVER SOUTH OF THE CITY OF COLUMBIA BETWEEN THE OLD GOVERNMENT LOCKS AND THE CITY OF CAYCE PUMPING STATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ERECT SIGNS INFORMING THE BOATING PUBLIC OF THE NO WAKE ZONE.
Referred to Committee on Agriculture and Natural Resources.
S. 890 -- Senator Mitchell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNINSURED AND UNDERINSURED AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT UNDERINSURED INSURANCE COVERAGE MAY BE LIMITED TO THE AMOUNT OF THE INSURED'S LIABILITY COVERAGE OR UP TO ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LARGER COVERAGE.
Referred to Committee on Labor, Commerce and Industry.
S. 1064 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF EXAMINERS IN OPTOMETRY FOR SIX YEARS; TO AMEND SECTIONS 40-37-180 AND 40-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL REPRESENTATION OR ADVERTISING PRACTICES BY OPTOMETRISTS, SO AS TO MORE SPECIFICALLY DEFINE THE PRACTICES WHICH DEAL WITH LIMITS ON COMPETITION; AND TO REPEAL SECTION 40-37-190 RELATING TO THE UNLAWFUL DISCOUNTING OF THE COST OF EYE EXAMINATIONS OR OFFERING THEM AS PREMIUMS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1066 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA BOARD OF EXAMINERS IN OPTICIANRY FOR SIX YEARS; TO AMEND SECTIONS 40-38-70, 40-38-120, 40-38-130, AND 40-38-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OPTICIANRY, SO AS TO REDEFINE UNLAWFUL PRACTICES, TO REDUCE THE REQUIRED APPRENTICESHIP PERIOD FROM THREE YEARS TO ONE YEAR, TO PROVIDE LICENSURE RECIPROCITY, AND TO PROVIDE THAT THIRD-PARTY SOLICITATION WHICH IS UNTRUTHFUL, DECEPTIVE, AND COERCIVE IS A GROUND FOR LICENSE REVOCATION, SUSPENSION, OR RESTRICTION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1118 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAILY CREEL LIMITS ON STRIPED BASS (ROCKFISH) IN CERTAIN WATERS, SO AS TO PROVIDE THAT THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES MAY SET STATEWIDE DAILY CREEL AND SIZE LIMITS ON STRIPED BASS (ROCKFISH) AND BLACK BASS, AND TO REPEAL SECTIONS 50-13-230 AND 50-13-235 RELATING TO STRIPED BASS (ROCKFISH).
Referred to Committee on Agriculture and Natural Resources.
S. 1121 -- Senator Drummond: A BILL TO AMEND SECTIONS 50-13-1150 AND 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMERCIAL FISHING LICENSES AND PERMITS AND TAGS FOR NONGAME FISHING DEVICES, SO AS TO INCREASE RESIDENT LICENSES FROM FIFTY DOLLARS TO TWO HUNDRED FIFTY DOLLARS, NONRESIDENT LICENSES FROM FIVE HUNDRED DOLLARS TO SEVEN HUNDRED FIFTY DOLLARS, AND NONRESIDENT PERMIT AND TAG FEES TO FIFTY DOLLARS A TAG OR PERMIT.
Referred to Committee on Agriculture and Natural Resources.
S. 1125 -- Senator Drummond: A BILL TO AMEND ARTICLE 21, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATELY-OWNED SHOOTING PRESERVES, SO AS TO CHANGE LICENSING, REGULATORY, AND PUNISHMENT PROVISIONS; AND TO AMEND ACT 446 OF 1980, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY DELETING THE SECTION WHICH STATES THAT THE ACT DOES NOT APPLY TO LICENSED SHOOTING PRESERVES.
Referred to Committee on Agriculture and Natural Resources.
S. 1126 -- Senator Drummond: A BILL TO AMEND CHAPTER 16, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION OF WILDLIFE, SO AS TO SPECIFY THE SPECIES OR GROUPS OF SPECIES OF NONDOMESTIC ANIMALS WHOSE IMPORTATION IS REGULATED.
Referred to Committee on Agriculture and Natural Resources.
S. 1127 -- Senators Drummond and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO NEGLIGENTLY OR RECKLESSLY USE A FIREARM OR ARCHERY TACKLE WHILE HUNTING AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture and Natural Resources.
S. 1155 -- Senators Hayes and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-19-120 SO AS TO PROVIDE THAT A BANK MAY OPEN A SAFE DEPOSIT BOX TO OBTAIN THE ORIGINAL COPY OF AN INSTRUMENT EXECUTED BY THE LESSEE GRANTING A PERSON THE POWER OF ATTORNEY IN CASES WHERE THE LESSEE BECOMES MENTALLY INCOMPETENT.
Referred to Committee on Judiciary.
S. 1201 -- Senators Martschink, Nell W. Smith, Giese, Bryan, Long, Thomas, Shealy, Setzler, Patterson, Hayes, Hinson, Wilson and Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.
Referred to Committee on Education and Public Works.
S. 1287 -- Senators Bryan, J. Verne Smith, Thomas, Stilwell and Mitchell: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DEFINE "INTENSIVE RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND YOUTH" AND ADD THOSE FACILITIES TO THE FACILITIES INCLUDED IN THE DEFINITION OF HEALTH CARE FACILITY AND HOSPITAL AND TO DEFINE "BEHAVIORALLY IMPAIRED CHILDREN".
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 1292 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJUSTMENTS TO SOUTH CAROLINA TAXABLE INCOME, SO AS TO PROHIBIT AN EXCLUSION ATTRIBUTABLE TO A TAX FREE EXCHANGE OF REAL ESTATE UNLESS THE REAL ESTATE IS LOCATED IN THIS STATE.
Referred to Committee on Ways and Means.
S. 1290 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTIONS 12-54-20, AS AMENDED, 12-54-30, AND 12-54-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNIFORM COLLECTION AND ENFORCEMENT PROCEDURES, SO AS TO CONFORM THESE PENALTIES AND INTEREST PROVISIONS TO THOSE OF THE FEDERAL TAX LAWS; TO AMEND THE 1976 CODE BY ADDING SECTION 12-54-155 SO AS TO PROVIDE PROCEDURES FOR DETERMINING AND PENALIZING UNDERSTATEMENTS OF TAX; AND TO REPEAL SECTION 12-54-150 RELATING TO CALCULATION OF INTEREST WHEN WARRANTS OR TAX EXECUTIONS ARE ISSUED.
Referred to Committee on Ways and Means.
S. 1300 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ISSUANCE OF WARRANT FOR DISTRAINT BY THE TAX COMMISSION, FILING WITH THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES, AND LIEN UPON THE PROPERTY OF THE TAXPAYER, SO AS TO PERMIT, RATHER THAN REQUIRE, THE COMMISSION TO ISSUE A WARRANT FOR DISTRAINT WHEN ANY TAX, ADDITIONAL TAX, INTEREST, OR PENALTY IMPOSED BY THE COMMISSION REMAINS DUE AND UNPAID FOR TEN DAYS.
Referred to Committee on Ways and Means.
S. 1301 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-35-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETAIL SALES TAX LICENSES, SO AS TO REQUIRE THE OWNERS OF FLEA MARKETS TO INSURE THAT ALL PERSONS RENTING SPACE TO MAKE RETAIL SALES AT FLEA MARKETS ARE PROPERLY LICENSED PRIOR TO THEIR RENTING SPACE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Referred to Committee on Ways and Means.
S. 1303 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-54-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FURNISHING OF TAX RETURNS OR INFORMATION TO OTHER STATES OR THE INTERNAL REVENUE SERVICE, AND SECTION 12-54-230, RELATING TO THE TAX COMMISSION'S ACCESS TO THE EMPLOYER'S QUARTERLY REPORT, SO AS TO UPDATE THE REFERENCES TO THE FREEDOM OF INFORMATION ACT.
Referred to Committee on Ways and Means.
S. 1304 -- Senators Waddell, Lourie, Leatherman, Long, Hayes and Hinson: A BILL TO AMEND SECTION 12-7-1240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INCOME TAX CREDITS, SO AS TO ALLOW THE TAX CREDIT WHENEVER A RESIDENT IS TAXED IN ANOTHER STATE.
Referred to Committee on Ways and Means.
S. 1316 -- Senators Dennis and Nell W. Smith: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR AN EXEMPTION FOR ARCHEOLOGICAL RECORDS OF THE INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY.
Referred to Committee on Judiciary.
The following was introduced:
H. 4053 -- Rep. Corning: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PRINCIPAL, FACULTY, STAFF, AND STUDENTS OF DENT MIDDLE SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON ITS RECEIPT OF THE COVETED PALMETTO'S FINEST AWARD FOR 1987-88 OF THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4054 -- Reps. J. Bradley and Huff: A CONCURRENT RESOLUTION TO REQUEST THE ATTORNEY GENERAL TO BRING A LEGAL ACTION ON BEHALF OF THE STATE OF SOUTH CAROLINA ON THE SAME GROUNDS AGAINST THOSE INSURANCE COMPANIES, UNDERWRITERS, AND ASSOCIATIONS DOING BUSINESS IN THIS STATE WHO HAVE BEEN NAMED IN LAWSUITS BROUGHT BY OTHER STATES ALLEGING THAT THEY CONSPIRED TO DRIVE UP LIABILITY INSURANCE COSTS, OR TO JOIN IN A SIMILAR LAWSUIT ALREADY BROUGHT BY ANOTHER STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4055 -- Rep. Petty: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE W.O. "GIB" GOSNELL FOR HIS DISTINGUISHED SERVICE AS MAYOR OF THE TOWN OF CAMPOBELLO IN SPARTANBURG COUNTY, UPON HIS RETIREMENT FROM THIS OFFICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4056 -- Rep. Petty: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE CARL D. BRUCE FOR HIS DISTINGUISHED SERVICE AS COUNCILMAN OF THE TOWN OF CAMPOBELLO IN SPARTANBURG COUNTY, UPON HIS RETIREMENT FROM THIS OFFICE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4058 -- Reps. T. Rogers, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Humphries, McBride and Taylor: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY FOR THE SUPERB LEGISLATIVE SERVICE RENDERED BY THE HONORABLE JEAN HOEFER TOAL OF RICHLAND COUNTY AND WISHING HER HAPPINESS AND SUCCESS AS AN ASSOCIATE JUSTICE OF THE STATE SUPREME COURT.
Whereas, in 1974, the voters of District Seventy-Five in Richland County elected as their voice in the House of Representatives a remarkable young woman and outstanding and successful lawyer by the name of Jean Hoefer Toal; and
Whereas, in the ensuing years, Jean never once failed to live up to the trust her constituents placed in her; and
Whereas, as a member of the House, Jean displayed dynamic leadership, wonderful intelligence, and excellent legislative skill; and
Whereas, she earned -- and we emphasize the word "earned" -- the respect of her many colleagues in both the House and the Senate by being hard-nosed' when she felt she had to be and by always adhering to her high standards and principles; and
Whereas, Jean received the Greenville News "Outstanding Legislator of the Year" award for 1976; and
Whereas, she eventually became chairman of the Rules Committee of the House -- a position of honor and of considerable influence; and
Whereas, she eventually made known to her colleagues in the General Assembly her ambition to serve the people of South Carolina as an associate justice of the State Supreme Court; and
Whereas, it is indeed a most unusual step for a person to be elevated to service on the State's highest judicial body without having first served as a judge on one of the lower courts; and
Whereas, nevertheless, Jean knew her own capabilities and pressed on in her efforts to be elected to the Supreme Court; and
Whereas, on Wednesday, January 27, 1988, the dream finally came true for Jean Hoefer Toal, as her colleagues, with heartfelt enthusiasm, respect, and admiration, elected her a member of the high court; and
Whereas, we feel privileged to have served with Jean Toal in the General Assembly, to have known her, and to have had the benefit of her wisdom and her brilliant legal mind; and
Whereas, we commend her most highly for her superb public service in the House of Representatives and express every confidence in the world that, as a member of the Supreme Court of South Carolina, Jean Toal will always strive to do the right thing and the honorable thing and to see that the cause of Justice is well-served. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That we, the members of the General Assembly of the State of South Carolina, by this resolution, express gratitude for the excellent legislative service rendered by the Honorable Jean Hoefer Toal of Richland County and wish her happiness and success as an associate justice of the State Supreme Court.
Be it further resolved that a copy of this resolution be forwarded to the Honorable Jean Hoefer Toal.
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 Bailey, G. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Faber Fair Ferguson Foster Foxworth Gentry Gordon Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lanford Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Pettigrew Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short , Simpson Taylor Thrailkill Tucker Waldrop Washington Wells Whipper Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on March 29, 1988.
Woody McKay Juanita White Alfred McGinnis H.E. Pearce, Jr. Jean Harris Gene Stoddard Frank Gilbert E. Leroy Nettles Paul Burch Durham Cole John C. Felder C. Lenoir Sturkie Lewis Phillips Dell Baker Jack Gregory Philip T. Bradley Robert A. Kohn Ronnie Townsend
LEAVE OF ABSENCE
The SPEAKER granted Rep. SHELTON a leave of absence for the day due to illness.
Reps. J. ROGERS, ARTHUR, McEACHIN and GENTRY were granted a Leave of the House due to a Judicial Screening Committee meeting.
Announcement was made that Dr. Daniel W. Davis of Columbia, is the Doctor of the Day for the General Assembly.
Rep. SHEHEEN made a statement relative to Rep. DANGERFIELD not seeking re-election to the House of Representatives.
Reps. J. BRADLEY, AYDLETTE, WASHINGTON, HOLT, WINSTEAD, T.M. BURRISS, WALDROP, H. BROWN and WILLIAMS made statements relative to Rep. CLYDE DANGERFIELD.
The Senate returned to the House with concurrence the following:
H. 3858 -- Reps. Harvin, Klapman and Taylor: A CONCURRENT RESOLUTION DESIGNATING MAY 23, 1988 (WHICH IS THE BICENTENNIAL ANNIVERSARY OF SOUTH CAROLINA'S RATIFICATION OF THE UNITED STATES CONSTITUTION) AS "RATIFICATION DAY" IN SOUTH CAROLINA AND AUTHORIZING THE UNITED STATES CONSTITUTION BICENTENNIAL COMMISSION OF SOUTH CAROLINA TO PLAN APPROPRIATE CEREMONIES TO TAKE PLACE IN THE STATE HOUSE AND ON THE STATE HOUSE GROUNDS THAT DAY, WITHOUT CHARGE, IN OBSERVANCE AND COMMEMORATION OF THIS HISTORIC OCCASION.
H. 3909 -- Reps. Koon and Derrick: A CONCURRENT RESOLUTION TO DECLARE THE WEEK OF APRIL 24-30, 1988, AS STUDENTS AGAINST DRUNK DRIVING (SADD) AWARENESS WEEK.
H. 3932 -- Rep. Waldrop: A CONCURRENT RESOLUTION TO DESIGNATE SUNDAY, APRIL 10, 1988, AS BISHOP FREDERICK C. JAMES DAY.
H. 4028 -- Rep. Corning: A CONCURRENT RESOLUTION CONGRATULATING MR. EARL RANKIN, PRINCIPAL OF DENT MIDDLE SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON RECEIVING AN R.L. BRYAN OUTSTANDING SCHOOL ADMINISTRATOR AWARD FROM THE SOUTH CAROLINA ASSOCIATION OF SCHOOL ADMINISTRATORS.
H. 4036 -- Rep. Corning: A CONCURRENT RESOLUTION CONGRATULATING MR. RICHARD C. INABINET, PRINCIPAL OF KEELS ELEMENTARY SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON BEING NAMED OUTSTANDING YOUNG EDUCATOR OF THE YEAR BY THE COLUMBIA JAYCEES AND JAYCEE WOMEN.
H. 4053 -- Rep. Corning: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE PRINCIPAL, FACULTY, STAFF, AND STUDENTS OF DENT MIDDLE SCHOOL IN RICHLAND COUNTY SCHOOL DISTRICT TWO, UPON ITS RECEIPT OF THE COVETED PALMETTO'S FINEST AWARD FOR 1987-88 OF THE SOUTH CAROLINA ASSOCIATION OF ELEMENTARY AND MIDDLE SCHOOL PRINCIPALS.
H. 4055 -- Rep. Petty: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE W.O. "GIB" GOSNELL FOR HIS DISTINGUISHED SERVICE AS MAYOR OF THE TOWN OF CAMPOBELLO IN SPARTANBURG COUNTY, UPON HIS RETIREMENT FROM THIS OFFICE.
H. 4056 -- Rep. Petty: A CONCURRENT RESOLUTION TO COMMEND THE HONORABLE CARL D. BRUCE FOR HIS DISTINGUISHED SERVICE AS COUNCILMAN OF THE TOWN OF CAMPOBELLO IN SPARTANBURG COUNTY, UPON HIS RETIREMENT FROM THIS OFFICE.
H. 4058 -- Reps. T. Rogers, J. Brown, M.D. Burriss, T.M. Burriss, Corning, Faber, Hearn, Humphries, McBride and Taylor: A CONCURRENT RESOLUTION EXPRESSING THE GRATITUDE OF THE GENERAL ASSEMBLY FOR THE SUPERB LEGISLATIVE SERVICE RENDERED BY THE HONORABLE JEAN HOEFER TOAL OF RICHLAND COUNTY AND WISHING HER HAPPINESS AND SUCCESS AS AN ASSOCIATE JUSTICE OF THE STATE SUPREME COURT.
Rep. O. PHILLIPS moved that when the House adjourns it adjourn in honor of Rep. CLYDE M. DANGERFIELD, which was agreed to.
Rep. O. PHILLIPS moved that the House do now adjourn which was adopted.
At 12:45 P.M. the House in accordance with the motion of Rep. O. PHILLIPS adjourned in honor of Rep. CLYDE M. DANGERFIELD to meet at 10:00 A.M. tomorrow.
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