Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Reverend Gary Harrelson, Pastor of Salem Missionary Baptist Church, Conway, S.C.:
Our Heavenly Father,
We come into Your presence to ask Your blessing upon our great nation and our state and the leaders who have been called upon to serve. You tell us in Your Holy Word to "Seek ye first the Kingdom of God, and His righteousness; and all these things shall be added unto you." May we as leaders seek Your will in our daily walk, so that the world in which we live may be a better place. Help us to love You above all and to love one another as You have loved us.
Keep our faith strong and steadfast and may all that is done here today be according to your will. In the name of Jesus we pray. 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 following was received.
Columbia, S.C., April 19, 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. 583:
S. 583 -- Senator Shealy: A BILL TO AMEND SECTION 14-7-870, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES APPLICABLE TO EXCUSED JURORS, SO AS TO REVISE THE PROCEDURE FOR PLACING AN EXCUSED JUROR ON THE PANEL OF A TERM OF COURT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 19, 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. 236:
S. 236 -- Senators Applegate, Drummond, Giese, Hinson, Macaulay, Pope, Shealy, Thomas E. Smith, Jr., Thomas and Wilson: A BILL TO AMEND SECTION 36-1-105, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THIS APPLICATION; TO AMEND SECTION 36-1-201, RELATING TO DEFINITIONS UNDER THE UNIFORM COMMERCIAL CODE, SO AS TO REVISE THE DEFINITIONS OF "BUYER IN ORDINARY COURSE OF BUSINESS" AND "SECURITY INTEREST"; TO AMEND SECTION 36-2-107, RELATING TO GOODS TO BE SEVERED FROM REALTY, SO AS TO PROVIDE THAT TIMBER SHALL BE TREATED AS GOODS INSTEAD OF REAL ESTATE UNDER THE SECTION; TO AMEND SECTION 36-5-116, RELATING TO TRANSFER AND ASSIGNMENT, SO AS TO INCLUDE CONTRACT RIGHTS IN THE DEFINITION OF AN ACCOUNT; TO AMEND CHAPTER 9 OF TITLE 36, RELATING TO SECURED TRANSACTIONS, SO AS TO REVISE THE PROVISIONS OF THE CHAPTER; TO AMEND CHAPTER 10 OF TITLE 36, RELATING TO THE EFFECTIVE DATE OF THE UNIFORM COMMERCIAL CODE, SO AS TO FURTHER PROVIDE FOR THE EFFECTIVE DATE OF THE INITIALLY ENACTED UNIFORM COMMERCIAL CODE; TO AMEND TITLE 36 BY ADDING CHAPTER 11 SO AS TO PROVIDE TRANSITION PROVISIONS FOR AND THE EFFECTIVE DATE OF THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED IN THIS ACT; TO AMEND SECTIONS 15-3-520, 29-3-310, 29-3-330, 29-3-340, 29-3-350, 29-3-360, 29-3-390, 29-3-400, 29-3-470, 30-5-30, 30-7-10, 30-7-60, 30-7-70, 30-7-80, 30-9-30, 30-9-40, AND 30-11-20 SO AS TO FURTHER PROVIDE FOR THESE SECTIONS IN CONJUNCTION WITH THE AMENDMENTS TO THE UNIFORM COMMERCIAL CODE AS CONTAINED HEREIN; AND TO REPEAL SECTIONS 27-23-80, 27-39-50, 27-39-260, 30-5-160, 30-5-170, 33-9-130, 56-19-640, AND 56-19-690 OF THE 1976 CODE AND SECTIONS 8-181 THROUGH 8-200, 8-211 THROUGH 8-215, 8-801 THROUGH 8-1076, 8-1081 THROUGH 8-1108, 11-103, 11-201 THROUGH 11-206, 12-17.1 THROUGH 12-17.25, 27-56.1, 27-61.1, 27-62, 27-63, 27-64, 27-64.1, 27-64.2, 27-65, 27-66.1, 45-151, 45-152, 45-158, 45-161, 45-162, 45-163, 45-164, 45-201 THROUGH 45-211, 45-401 THROUGH 45-410, 60-64.1, 60-301, 60-302, 60-302.1, 60-303, 60-304, 60-305, 60-306, 60-306.1, 60-307, 60-308, 60-309, 60-310, AND 60-311 OF THE 1962 CODE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia. S.C.. April 19, 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. 1178:
S. 1178 -- Finance Committee: 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., April 19, 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. 1182:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 19, 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. 1196:
S. 1196 -- Corrections and Penology Committee: A BILL TO AMEND SECTIONS 24-21-10, 24-21-13, 24-21-60, 24-21-70, 24-21-80, 24-21-90, 24-21-250, 24-21-260, 24-21-280, 24-21-290, 24-21-475, 24-21-480, 24-21-485, 24-21-650, AND 24-21-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAROLE AND COMMUNITY CORRECTIONS BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES, SO AS TO CHANGE THE NAME AND REFERENCES TO THE PROBATION, PAROLE, AND PARDON SERVICES BOARD, DEPARTMENT, AND OFFICERS AND EMPLOYEES AND TO DELETE ANTIQUATED AND OBSOLETE LANGUAGE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., April 19, 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. 1114:
S. 1114 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GAME FISH CAUGHT IN NONGAME FISHING DEVICES, SO AS TO PROVIDE SPECIFIC PENALTIES FOR VIOLATIONS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., April 19, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 3371:
H. 3371 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHARING OF SALES AND USE TAX RETURNS AND RECORDS WITH OTHER STATES OF THE UNITED STATES, SO AS TO PERMIT RECIPROCAL AGREEMENTS WITH OTHER STATES TO OBTAIN RECORDS OF SALES OR PURCHASE OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1545 SO AS TO REQUIRE REPORTING TO THE TAX COMMISSION OF SALES OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE NOT SUBJECT TO SALES OR USE TAX IN THIS STATE.
Very respectfully,
President
On motion of Rep. KIRSH, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. KIRSH, McTEER and ELLIOTT to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. FAIR moved to waive Rule 9.1 on the Senate Amendments to the following Bill.
H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Baker Barfield Blackwell Brown, H. Burch Clyborne Cole Cooper Fair Ferguson Foster Gregory Haskins Hearn Helmly Hendricks Humphries Johnson, J.C. Klapman Martin, L. Mattos McEachin McGinnis McLellan McLeod, J.W. Moss Pettigrew Simpson Thrailkill Townsend Wells Wilkins
Those who voted in the negative are:
Bailey, K. Baxley Beasley Bradley, J. Brown, G. Burriss, M.D. Corning Dangerfield Day Holt Huff Kay Keyserling Martin, D. McAbee Neilson Rhoad Rice Sharpe Sheheen Taylor Tucker Washington Whipper White Wilder Williams
So, having failed to receive the necessary vote, Rule 9.1 was not waived.
The Senate Amendments were then ordered placed on the Calendar.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1295 -- General Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-645 SO AS TO DESIGNATE THE CAROLINA MANTID (PRAYING MANTIS) THE OFFICIAL STATE INSECT AND TO PROVIDE FOR ITS INCLUSION IN THE APPROPRIATE SECTION OF THE LEGISLATIVE MANUAL.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 2840 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-11-1050 AND 50-11-2090, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATIONS INVOLVING NIGHT HUNTING OF DEER AND BEAR AND UNLAWFUL HUNTING OF TURKEYS, SO AS TO DELETE PROVISIONS GOVERNING DISPOSITION OF SEIZED PROPERTY OWNED BY PERSONS OTHER THAN THE VIOLATOR IN SECTIONS 10-11-1050 AND 10-11-2090, AND TO AMEND SECTION 50-11-2080 SO AS TO PROVIDE A PROCEDURE FOR THE DISPOSITION OF PROPERTY SEIZED IN VIOLATION OF SECTIONS 50-11-1050, 50-11-2080, 50-11-2090, OR 50-13-580 WHICH BELONGS TO OTHER THAN THE VIOLATOR.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 4150 -- Reps. Keyserling, Edwards, Sturkie, Pearce and McTeer: A CONCURRENT RESOLUTION TO PROVIDE FOR THE CREATION OF THE JOINT LEGISLATIVE STUDY COMMITTEE ON SOLID WASTE DISPOSITION TO STUDY ALTERNATIVES TO LANDFILL DISPOSITION OF SOLID WASTE, AND ESPECIALLY THOSE DISPOSITION METHODS THAT PROVIDE ALTERNATIVE SOURCES OF ENERGY, INCLUDING ENERGY CONSERVATION, AND THAT THE COMMITTEE SHALL MAKE ITS FINAL REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY NO LATER THAN MARCH 31, 1989, AND AFTER THE FINAL REPORT AND RECOMMENDATION, THE COMMITTEE IS DISSOLVED.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3931 -- Rep. Helmly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-6-65 SO AS TO PROVIDE FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION TO ESTABLISH ADVISORY COMMITTEES.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1167 -- Medical Affairs Committee: A BILL TO AMEND SECTION 40-15-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF DENTISTRY, SO AS TO DEFINE PRIMARY PREVENTIVE CARE AND EDUCATION, TO ALLOW LICENSED DENTAL HYGIENISTS AND CERTIFIED DENTAL ASSISTANTS TO PERFORM SERVICES UNDER THE DIRECTION AND CONTROL OF THE STATE DIRECTOR OF PUBLIC HEALTH DENTISTRY AND OTHER DUTIES AUTHORIZED BY THE STATE BOARD OF DENTISTRY, AND TO PROVIDE THAT IF A LICENSED DENTIST IS AVAILABLE HE MUST MAKE AN EXAMINATION AND DIAGNOSIS BEFORE A SEALANT IS PLACED ON A TOOTH.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 897 -- Senator Mitchell: A BILL TO AMEND SECTION 24-1-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF CORRECTIONS, SO AS TO ADD A MEMBER TO BE APPOINTED BY THE GOVERNOR FROM THE STATE AT LARGE.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1324 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO FIRE SAFETY: CONSTRUCTION AND OPERATION OF LOCAL DETENTION FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 929, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3561 -- Reps. P. Harris, J. Harris, Aydlette and Carnell: A BILL TO AMEND SECTION 43-33-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO INCREASE THE REQUIREMENTS THAT MUST BE MET IN THE PROTECTION AND ADVOCACY OF THE RIGHTS OF DEVELOPMENTALLY DISABLED PERSONS.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1358 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ASBESTOS REMOVAL, DESIGNATED AS REGULATION DOCUMENT NUMBER 896, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3769 -- Rep. Edwards: A BILL TO AMEND CHAPTER 23, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL OPERATORS, SO AS TO REDEFINE "OPERATOR", "CERTIFICATE OF REGISTRATION", AND "BOARD", TO DEFINE "PERCOLATION TEST TECHNICIAN" AND "LICENSEE", TO CHANGE THE NAME OF THE SOUTH CAROLINA BOARD OF CERTIFICATION FOR ENVIRONMENTAL SYSTEMS OPERATORS TO THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD, TO DELETE A PROVISION RELATING TO VACANCIES, TO ELIMINATE LANGUAGE NO LONGER APPLICABLE AND PROVISIONS RELATIVE TO PAYMENT OF EXPENSES AND TRANSFER OF FUNDS, TO DELETE REQUIREMENTS FOR SPECIFIC EDUCATIONAL PROGRAMS, TO PROVIDE FOR REGISTRATION OF PERCOLATION TEST TECHNICIANS AND WELL DRILLERS, TO CHANGE REFERENCES TO OPERATORS TO LICENSEES, AND TO ELIMINATE DUTIES OF THE SECRETARY OF THE BOARD.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1246 -- Senators Wilson, Russell, Thomas, Stilwell and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16- 17-705 SO AS TO MAKE IT UNLAWFUL TO INJURE, KILL, OR INTERFERE WITH A DOG USED BY POLICE IN THE PERFORMANCE OF THEIR DUTIES AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 2654 -- Reps. Hodges, Toal and McElveen: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO PROVIDE THAT THE GRANTING OF ALIMONY, INCLUDING CASES INVOLVING AN ADULTEROUS SPOUSE, IS IN THE DISCRETION OF THE COURT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1011 -- Senator Hayes: A BILL TO AMEND SECTION 15-9-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICE BY PUBLICATION, SO AS TO PERMIT SERVICE BY PUBLICATION WHEN THE DEFENDANT IS A RESIDENT OF THIS STATE AND AFTER DILIGENT SEARCH CANNOT BE FOUND.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3936 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1550, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM IMPACT STATEMENTS, SO AS TO REQUIRE SOLICITORS TO SEND COPIES OF CERTAIN ADDITIONAL INFORMATION TO THE DEPARTMENT OF CORRECTIONS AND THE PAROLE AND COMMUNITY CORRECTIONS BOARD.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1149 -- Senator McConnell: A BILL TO AMEND SECTION 17-15-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEEDINGS WHEN A RECOGNIZANCE IS FORFEITED, SO AS TO AUTHORIZE MAGISTRATES TO CONFIRM JUDGMENTS OF TWO HUNDRED EIGHTEEN DOLLARS OR LESS FOR A FORFEITED RECOGNIZANCE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1363 -- Judiciary Committee: A BILL TO AMEND TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 29 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH PEN REGISTERS AND TRAP AND TRACE DEVICES MAY BE INSTALLED ON TELEPHONE LINES OR OTHER WIRE OR ELECTRONIC COMMUNICATION DEVICES, AND TO PROVIDE PENALTIES UPON CERTAIN VIOLATIONS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1222 -- Senators Doar, Waddell, Garrison and Bryan: 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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4125 -- Rep. Wilkins: A BILL TO AMEND SECTIONS 58-7-10 THROUGH 58-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFERRING ON PIPELINE AND WATER COMPANIES THE RIGHTS, POWERS, AND PRIVILEGES OF TELEGRAPH AND TELEPHONE COMPANIES TO CONDEMN PROPERTY, AND THE AUTHORITY OF WATER COMPANIES TO CONDEMN LAND FOR WATERWORKS, SO AS TO CORRECT REFERENCES, ADD COMPANIES PROVIDING SEWERAGE SERVICE TO THOSE COMPANIES AUTHORIZED TO CONDEMN PROPERTY, AND DELETE REFERENCES DESCRIBING THE PURPOSES FOR WHICH A COMPANY SUPPLYING WATER IS QUALIFIED TO CONDEMN PROPERTY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 624 -- Senator Saleeby: A BILL TO AMEND SECTIONS 4-5-170 THROUGH 4-5-200 AND SECTION 4-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR CHANGING THE BOUNDARIES OF A COUNTY, SO AS TO PROVIDE THAT WHERE THE AREA PROPOSED TO BE ANNEXED TO A COUNTY IS LESS THAN ONE HUNDRED ACRES AND IS OWNED BY TEN OR FEWER FREEHOLDERS AND UPON COMPLIANCE WITH THE PROVISIONS OF SECTIONS 4-5-120 THROUGH 4-5-160 THE GOVERNOR SHALL ORDER THE COUNTY BOARD OF ELECTIONS IN THE COUNTY IN WHICH THE AREA PROPOSED TO BE ANNEXED IS LOCATED TO CANVASS THE QUALIFIED ELECTORS RESIDING IN THE AREA AS TO WHETHER THE AREA PROPOSED TO BE ANNEXED SHOULD BE TRANSFERRED TO THE ANNEXING COUNTY AND TO PROVIDE A PROCEDURE FOR THIS CANVASSING PROCESS; AND TO MAKE CORRESPONDING AMENDMENTS TO THOSE CODE SECTIONS AFFECTED BY THIS CANVASSING PROCEDURE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1150 -- Senator Lindsay: A BILL TO AMEND SECTION 58-9-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TELEPHONE COMPANIES AND THE REQUIREMENT THAT SCHEDULES MUST BE ADHERED TO, SO AS TO AUTHORIZE THE PUBLIC SERVICE COMMISSION, UNDER CERTAIN CONDITIONS, TO ALLOW SERVICE TO BE OFFERED TO THE PUBLIC WITHOUT THE RELATED SCHEDULES BEING FILED, TO PROVIDE THAT THE COMMISSION SHALL RETAIN REGULATORY AUTHORITY OVER THE RATES, REVENUES, INVESTMENTS, EXPENSES, AND QUALITY OF SERVICE OFFERED, AND PROVIDE THAT THE CHARGES FOR SERVICES OFFERED BY THE UTILITY PURSUANT TO CERTAIN PROVISIONS OF THIS SECTION MUST BE PROVIDED AT A CERTAIN LEVEL.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4073 -- Reps. Dangerfield, J. Bradley, Aydlette, Washington, Winstead, Kohn, D. Martin, Klapman, Altman, Mappus, Whipper and Holt: A BILL TO AMEND SECTIONS 57-5-820 AND 57-5-830, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSENT OF A MUNICIPALITY TO WORK ON HIGHWAYS WITHIN ITS LIMITS, SO AS TO PROVIDE THAT, UPON APPEAL BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, REGIONAL COUNCILS OF GOVERNMENTS MAY MAKE A FINDING THAT THE WORK IS OF MULTIJURISDICTIONAL SIGNIFICANCE AND THE FINDING SHALL ALLOW HIGHWAY, BRIDGE, OR OTHER HIGHWAY FACILITY CONSTRUCTION IN A MUNICIPALITY IN AN URBANIZED AREA WITHOUT PLAN APPROVAL OF THE MUNICIPALITY.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry,submitted a favorable report, with amendments, on:
H. 4013 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAVEL TRAILER DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT TRAVEL TRAILERS TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF MOTOR VEHICLE DEALERS, SO AS TO DEFINE THE TERM "MOTOR HOME"; AND TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLE DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT MOTOR HOMES TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1326 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE LICENSING BOARD FOR CONTRACTORS, RELATING TO THE BOARD AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 904, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 916 -- Senators Applegate, Courson, Hayes, Land and Nell W. Smith: A BILL TO AMEND SECTIONS 39-16-10 AND 39-16-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS AND PROHIBITIONS USED IN THE DISCLOSURE REQUIREMENTS FOR THE SALE OF FINE PRINTS, SO AS TO INCLUDE WITHIN THE DEFINITION OF "ART MERCHANT" A PROFESSIONAL AUCTIONEER WHO HOLDS HIMSELF OUT AS HAVING KNOWLEDGE OR SKILL PECULIAR TO FINE PRINTS; TO INCLUDE AUCTIONEER WITHIN THE DEFINITION OF "PERSON"; TO REQUIRE A WRITTEN INVOICE DISCLOSING ALL INFORMATION REQUIRED IN SECTION 39-16-40 WHEN A FINE PRINT IS OFFERED AT AN AUCTION WHERE NONART PROPERTY ALSO IS SOLD.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1073 -- Senator Pope: A BILL TO AMEND SECTION 34-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OWNERSHIP OF CERTAIN SHARES OF STOCK AS A CONDITION OF ELIGIBILITY FOR ELECTION AS A BANK DIRECTOR, SO AS TO FURTHER PROVIDE FOR THE STOCK WHICH MUST BE OWNED.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4102 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 37-3-503, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE--LOANS, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4074 -- Reps. J.W. McLeod and R. Brown: A BILL TO REPEAL ARTICLE 3, CHAPTER 55, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONNECTION OF UNDERTAKERS WITH CERTAIN INSURANCE COMPANIES.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4124 -- Rep. Harvin: A BILL TO AMEND SECTION 38-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT, TERMS, QUALIFICATIONS, AND VACANCIES OF MEMBERS OF THE STATE INSURANCE COMMISSION, SO AS TO DELETE THE PROVISION THAT NO MEMBERS OF THE COMMISSION MAY SERVE MORE THAN ONE TERM, AND PROVIDE THAT MEMBERS OF THE COMMISSION MAY SERVE MORE THAN ONE TERM, INCLUDING SUCCESSIVE TERMS.
Ordered for consideration tomorrow.
Rep. DANGERFIELD, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 4129 -- Reps. J. Bradley, Neilson and Pearce: A BILL TO AMEND SECTION 38-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE FEES FOR INSURERS, SO AS TO REVISE THE LICENSE FEES FOR CERTAIN MUTUAL INSURERS DOING A PROPERTY BUSINESS ONLY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4114 -- Reps. Wilkins and Huff: A BILL TO AMEND SECTION 44-53-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR CERTAIN DRUG OFFENSES, SO AS TO REVISE AND INCREASE THE PENALTIES FOR TRAFFICKING IN CERTAIN DRUGS AND TO CLARIFY THE SENTENCING PROVISIONS FOR CONSPIRACY TO COMMIT THESE OFFENSES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4197 -- Reps. J. Bradley and Felder: A CONCURRENT RESOLUTION REQUESTING PIEDMONT AIRLINES TO CEASE AND DESIST THE FLYING OF ANY AIRPLANE WHICH IS PART OF ITS FLEET KNOWN AS THE "FOKKER" INTO THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was taken up for immediate consideration:
S. 1424 -- Senators Thomas E. Smith, Jr., Martin, Lourie and McConnell: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, APRIL 27, 1988, AS THE TIME FOR ELECTING SUCCESSORS FOR CERTAIN FAMILY COURT JUDGES AND TO FILL THE UNEXPIRED TERM OF THE HONORABLE OWENS T. COBB, JR., JUDGE OF THE FIFTH JUDICIAL CIRCUIT, WHO RETIRED.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives at 12:00 noon, Wednesday, April 27, 1988, to elect successors for the following family court judges whose terms expire June 30, 1988:
The Honorable Alvin C. Biggs, First Judicial Circuit, Seat 2;
The Honorable Peter R. Nuessle, Second Judicial Circuit, Seat 1;
The Honorable B. J. Warshauer, Third Judicial Circuit, Seat 1;
The Honorable Jamie F. Lee, Fourth Judicial Circuit, Seat 1;
The Honorable Robert H. Burnside, Fifth Judicial Circuit, Seat 1;
The Honorable William M. Campbell, Fifth Judicial Circuit, Seat 4;
The Honorable Stuart H. Hall, Seventh Judicial Circuit, Seat 3;
The Honorable Walter T. Lake, Eighth Judicial Circuit, Seat 2;
The Honorable L. Mendel Rivers, Ninth Judicial Circuit, Seat 1;
The Honorable Judy C. Bridges, Ninth Judicial Circuit, Seat 3;
The Honorable Robert H. Cureton, Tenth Judicial Circuit, Seat 2;
The Honorable W. Frank Rogers, Jr., Eleventh Judicial Circuit, Seat 1;
The Honorable Wylie H. Caldwell, Jr., Twelfth Judicial Circuit, Seat 3;
The Honorable Willie T. Smith, Jr., Thirteenth Judicial Circuit, Seat 3;
The Honorable Joseph W. Board, Thirteenth Judicial Circuit, Seat 4;
The Honorable Albert L. Kleckley, Fourteenth Judicial Circuit, Seat 2;
The Honorable Kaye G. Hearn, Fifteenth Judicial Circuit, Seat 2;
The Honorable David N. Wilburn, Jr., Sixteenth Judicial Circuit, Seat 1.
Be it further resolved that a successor be elected at the same time as provided in this resolution for The Honorable Warren H. Jolly, Ninth Judicial Circuit, Seat 4, whose term expires June 30, 1989.
Be it further resolved that an election be held at the same time as provided in this resolution to elect a Judge of the Family Court, Fifth Judicial Circuit, Seat 2, for the unexpired portion of the term, which expires June 30, 1989, of The Honorable Carol Connor, who resigned.
Be it further resolved that an election be held at the same time as provided in this resolution to elect a Judge of the Fifth Judicial Circuit for the unexpired portion of the term, which expires June 30, 1989, of The Honorable Owens T. Cobb, Jr., who retired.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1425 -- Senators Giese, Courson, Lourie and Patterson: A CONCURRENT RESOLUTION TO RECOGNIZE THE OUTSTANDING CONTRIBUTIONS OF PROVIDENCE HOSPITAL OF COLUMBIA TO THE STATE OF SOUTH CAROLINA AND COMMEND IT ON THE COMMEMORATION OF ITS 50TH ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. DANGERFIELD moved to reconsider the vote whereby a favorable Committee Report was received on the following Bill, which was agreed to.
H. 4074 -- Reps. J.W. McLeod and R. Brown: A BILL TO REPEAL ARTICLE 3, CHAPTER 55, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONNECTION OF UNDERTAKERS WITH CERTAIN INSURANCE COMPANIES.
The Bill was then ordered returned to the Committee on Labor, Commerce and Industry.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4198 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-9-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDUCTION OF WORKERS' COMPENSATION WHEN INJURY OR DEATH IS DUE TO THE FAULT OF THE EMPLOYEE, SO AS TO REFER TO A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, REFER TO WILFUL BREACH OF ANY SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 42-11-100, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION PAYABLE FOR DISABILITY FROM AN OCCUPATIONAL DISEASE AND EXCEPTIONS, SO AS TO PROVIDE THAT NO COMPENSATION IS PAYABLE, AMONG OTHER REASONS, FOR THE DEGREE OF DISABILITY RESULTING FROM NONCOMPENSABLE CAUSES OR THE EMPLOYEE'S REFUSAL TO USE A SAFETY APPLIANCE PROVIDED BY AND REGULARLY REQUIRED TO BE USED BY THE EMPLOYER, RATHER THAN A SAFETY DEVICE, OR TO OBEY A SAFETY RULE OR REGULATION ADOPTED AND REGULARLY ENFORCED BY THE EMPLOYER, RATHER THAN A SAFETY REGULATION APPROVED BY THE WORKERS' COMPENSATION COMMISSION IN ACCORDANCE WITH ITS RULES AND REGULATIONS; TO AMEND SECTION 42-11-190, RELATING TO OCCUPATIONAL DISEASES UNDER THE WORKERS' COMPENSATION LAW AND THE PROMULGATION OF RULES, REGULATIONS, AND SCHEDULES, SO AS TO DELETE THE AUTHORITY OF THE COMMISSION, AFTER NOTICE TO PARTIES INTERESTED AND PUBLIC HEARINGS IF REQUESTED, TO PROMULGATE REASONABLE RULES REGARDING THE USE OF SAFETY APPLIANCES FOR THE REDUCTION AND ELIMINATION OF OCCUPATIONAL HAZARDS WHICH CAUSE OCCUPATIONAL DISEASES, AND TO DELETE THE PROVISION THAT NOTHING IN THIS SECTION LIMITS THE POWER OF THE COMMISSION TO APPROVE REASONABLE SAFETY REGULATIONS SUBMITTED BY AN EMPLOYER FOR APPLICATION TO HIS BUSINESS WHICH DO NOT CONFLICT WITH THE RULES AND REGULATIONS PROVIDED FOR IN THIS SECTION; AND TO REPEAL SECTION 42-3-200, RELATING TO THE POWER OF THE COMMISSION TO MAKE STUDIES AND INVESTIGATIONS.
Rep. DANGERFIELD moved to waive Rule 5.12, which was agreed to by a division vote of 71 to 0.
Without reference.
H. 4199 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO THE CONDUCT OF BOXING, KICK BOXING, SPARRING, AND WRESTLING EVENTS, EXHIBITIONS, CONTESTS, AND PERFORMANCES, DESIGNATED AS REGULATION DOCUMENT NUMBER 971, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4200 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF INSURANCE, RELATING TO NONFORFEITURE STANDARDS FOR MEN AND WOMEN, DESIGNATED AS REGULATION DOCUMENT NUMBER 980, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4201 -- Rep. Cork: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GREENWOOD FOREST HOMEOWNERS' ASSOCIATION, OF BEAUFORT COUNTY.
On motion of Rep. CORK, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1194 -- Senators Thomas E. Smith, Jr., Bryan, Hayes and Fielding: A BILL TO AMEND SECTION 62-1-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS BY A HOLDER OF A GENERAL POWER OF APPOINTMENT, SO AS TO DEFINE THE TERM "PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT"; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE SUBJECT MATTER OF JURISDICTION OF THE PROBATE COURTS, SO AS TO REVISE CERTAIN ASPECTS OF THIS JURISDICTION; TO AMEND SECTION 62-l-306, RELATING TO JURY TRIALS IN THE PROBATE COURT, SO AS TO FURTHER PROVIDE FOR THE SITUATIONS WHEN JURY TRIALS MAY BE DEMANDED AND THE MANNER IN WHICH THESE TRIALS MAY BE WAIVED; TO AMEND SECTION 62-3-1201, AS AMENDED, RELATING TO THE COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO PERMIT CERTAIN ESTATES UNDER TEN THOUSAND DOLLARS NOT TO BE ADMINISTERED; TO AMEND SECTION 62-5-102, RELATING TO JURISDICTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, SO AS TO CLARIFY THAT THE PROBATE COURT HAS JURISDICTION OF CERTAIN PROTECTIVE PROCEEDINGS AND GUARDIANSHIP PROCEEDINGS; TO AMEND SECTION 62-5-402, RELATING TO PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THE JURISDICTION OF THE PROBATE COURT AND OTHER COURTS WITH REGARD TO CERTAIN CLAIMS AND ISSUES IN THESE PROCEEDINGS; TO AMEND SECTION 62-5-411, RELATING TO BONDS IN PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THESE BONDING REQUIREMENTS; TO AMEND SECTION 62-5-424, RELATING TO POWERS OF A CONSERVATOR, SO AS TO REVISE HIS AUTHORITY TO PAY, CONTEST, OR SETTLE CERTAIN CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-5-433 SO AS TO PROVIDE THAT THE CIRCUIT COURT HAS EXCLUSIVE JURISDICTION TO APPROVE THE SETTLEMENT OF CLAIMS IN EXCESS OF TEN THOUSAND DOLLARS FOR OR AGAINST ANY MINOR OR INCAPACITATED PERSON FOR THE PAYMENT OF MONEY OR THE POSSESSION OF PERSONAL PROPERTY, TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT WHERE THESE CLAIMS DO NOT EXCEED TEN THOUSAND DOLLARS, AND TO PROVIDE THE PROCEDURES TO BE FOLLOWED IN SETTLING THESE CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-211 SO AS TO ALLOW THE COURT TO CONSOLIDATE OR DIVIDE TRUSTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-7-302, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THIS STANDARD OF CARE; TO AMEND SECTION 62-7-418, RELATING TO CHARGES WHICH MUST BE MADE AGAINST PRINCIPAL, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-72-10 SO AS TO CONFORM THE JURISDICTION OF THE CIRCUIT COURT TO THE PROVISIONS OF SECTION 62-5-433; AND TO REPEAL SECTION 62-3-1202, RELATING TO THE EFFECT OF AFFIDAVITS WITH RESPECT TO PERSONAL PROPERTY.
Referred to Committee on Judiciary.
S. 1220 -- Senators Land, Garrison, Peeler and Macaulay: A BILL TO AMEND SECTION 56-3-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR HOUSE TRAILERS, SO AS TO PROVIDE FOR AN ANNUAL FEE OF TWELVE DOLLARS RATHER THAN SIX DOLLARS, AND TO PROVIDE THAT HOUSE TRAILERS PERMITTED TO BE MOVED OVER THE HIGHWAYS UNDER SPECIAL PERMITS ISSUED PURSUANT TO CERTAIN PROVISIONS OF LAW, WITH CERTAIN STATED EXCEPTIONS, SHALL PAY A FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP; TO AMEND SECTION 56-5-4180, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS, SO AS TO DELETE ALL THE PROVISIONS DEALING WITH THIS OPEN-END PERMIT, TO PROVIDE FOR THE ISSUANCE OF MULTIPLE TRIP PERMITS FOR THE MOVING OF OVER-DIMENSIONAL OR OVERWEIGHT NONDIVISIBLE LOADS OVER SPECIFIED STATE HIGHWAYS, TO PROVIDE FOR A FEE FOR THIS PERMIT, AND TO PROVIDE, AMONG OTHER THINGS, THAT IT IS UNLAWFUL FOR ANY PERSON TO VIOLATE ANY PROVISION, TERM, OR CONDITION OF THE MULTIPLE TRIP PERMIT; TO AMEND SECTION 56-5-4200, RELATING TO OPEN-END PERMITS FOR MOVING OVERSIZE MOBILE HOMES, MODULAR HOME UNITS, AND UTILITY BUILDINGS AND TO REPORTS, FEES, AND RECORDS, SO AS TO PROVIDE FOR THE FEE OF TEN DOLLARS A TRIP, RATHER THAN FIVE DOLLARS A TRIP, REQUIRED TO BE PAID PURSUANT TO SECTION 56-3-710; AND TO AMEND SECTION 56-5-4170, RELATING TO MOTOR VEHICLES AND PERMITS FOR EXCESS SIZE AND WEIGHT OR OTHER NONCONFORMING ACTS, SO AS TO PROVIDE FOR A PERMIT FEE OF TEN DOLLARS, RATHER THAN FIVE DOLLARS, IN CONFORMANCE WITH THE CHANGE MADE IN SECTION 56-3-710.
Referred to Committee on Ways and Means.
S. 1311 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 34-1 l -60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ISSUING FRAUDULENT CHECKS, DRAFTS, OR OTHER WRITTEN ORDERS, SO AS TO SPECIFICALLY STATE THAT THE CRIME APPLIES TO ISSUING A FRAUDULENT CHECK, DRAFT, OR OTHER ORDER IN PAYMENT OF STATE TAXES.
Referred to Committee on Judiciary.
S. 1331 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO TRANSFER UNEXPENDED FUNDS FROM THE RAIL ABANDONMENT STUDY COMMITTEE TO THE JOINT LEGISLATIVE STUDY COMMITTEE ON PUBLIC TRANSPORTATION.
Rep. J. ROGERS raised the Point of Order that S. 1331 was out of order as it dealt with the appropriation of funds and was prohibited from originating in the Senate.
The SPEAKER sustained the Point of Order and ordered the Joint Resolution returned to the Senate with a message that the House refused to accept the Joint Resolution.
S. 1382 -- Education Committee: A BILL TO AMEND SECTION 59-24-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STANDARDS FOR AND EVALUATION AND TRAINING OF SCHOOL PRINCIPALS, SO AS TO PROVIDE FOR AN EVALUATION ONCE EVERY THREE YEARS INSTEAD OF ONCE EVERY FOUR YEARS AND FOR EVALUATION AND VALIDATION ONE YEAR AFTER A TRAINING PROGRAM IS COMPLETED.
Referred to Committee on Education and Public Works.
S. 1421 -- Senator Bryan: A BILL TO AMEND AN ACT OF 1988 BEARING RATIFICATION NUMBER R. 419, RELATING TO THE DELETION OF A MAGISTRATE FOR EACH OF THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP IN GREENVILLE COUNTY AND THE PROVIDING FOR ONE FULL-TIME MAGISTRATE FOR THE TOWN OF PIEDMONT AND THE GROVE TOWNSHIP (DESIGNATED AS THE "PIEDMONT-SOUTH GREENVILLE COUNTY MAGISTRATE'S DISTRICT"), SO AS TO CHANGE THE EFFECTIVE DATE OF THAT ACT.
On motion of Rep. BAKER, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. CORK, with unanimous consent, it was ordered that H. 4201 be read the second and third times the next two successive legislative days.
The following was taken up for immediate consideration and accepted.
April 18, 1988
Honorable Samuel R. Foster
Dear Rep. Foster:
On April 27, independent agents from throughout the state will be in Columbia for our annual association Legislative Day.
We want you to join us for lunch that day at the Radisson Hotel upon your adjournment for lunch.
You will also receive a personal invitation from a member of our association in your district, who will be in Columbia that day.
You may indicate your acceptance of our invitation through your local IIASC contact or by calling our Columbia office at 731-9460.
We look forward to seeing you April 27.
Cordially,
Herbert Adams
Chairman
Governmental Affairs and Public Relations
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:
H. 4193 -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME A CERTAIN PORTION OF STATE ROAD 143 IN ANDERSON COUNTY AS THE "CAN COOPER ROAD".
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4193 -- Rep. Cooper: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME A CERTAIN PORTION OF STATE ROAD 143 IN ANDERSON COUNTY AS THE "CAN COOPER ROAD".
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina Highways and Public Transportation Commission is requested to name that portion of State Road 143 in Anderson County that lies between State Road 153 and State Road 81 at the Dunham Bridge as the "Can Cooper Road".
Be it further resolved that the Department of Highways and Public Transportation is requested to erect suitable markers on this road upon its renaming by the Commission in the manner provided by this resolution.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Highways and Public Transportation Commission.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was received from the Senate.
Columbia, S.C., April 14, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 457:
S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: A BILL TO AMEND SECTION 59-65-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO PERMIT A PARENT OR GUARDIAN TO EDUCATE HIS CHILD OR WARD AT HOME AND TO ESTABLISH REQUIREMENTS FOR HOME INSTRUCTION.
Very respectfully,
President
On motion of Rep. HASKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. SHELTON, McGINNIS and HASKINS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Blanding Bradley, J. Brown, G. Brown, H. Brown, J. Brown, R. Burch Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Edwards Faber Fair Felder Ferguson Foster Gilbert Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff 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 Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short 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 April 20, 1988.
Linwood Altman George H. Bailey B.J. Gordon James E. Lockemy William D. Boan Larry Gentry Tom Limehouse J.H. Burriss C. Lenoir Sturkie H.E. Pearce Dick Elliott Crosby Lewis Robert A. Kohn Larry Koon Philip T. Bradley
STATEMENTS OF ATTENDANCE
Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 17, 1988.
Rep. LIMEHOUSE signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, March 23, 1 988.
Reps. J.H. BURRISS, EDWARDS, GENTRY, KOON, LOCKEMY and RHOAD signed statements with the Clerk that they came in after the roll call of the House and were present for the Session on Wednesday, April 13, 1988.
Reps. FOXWORTH, HOLT, McELVEEN, McGINNIS and WELLS signed statements with the Clerk that they came in after the roll call of the House and were present for the Session on Tuesday, April 19, 1988.
The SPEAKER granted Rep. SHELTON a leave of absence for today and tomorrow.
Announcement was made that Dr. Charles Duncan, Jr., of Greenville is the Doctor of the Day for the General Assembly.
Rep. WILKINS moved to adjourn debate upon the following Bill until Tuesday, April 26, which was adopted.
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO ACE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO ACE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993 ; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 4160 -- Reps. Blackwell, M.O. Alexander, Baker, Clyborne, Fair, Haskins, Mattos, L. Phillips, Rice and Wilkins: A BILL TO AMEND SECTION 7-7-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE VOTING PRECINCTS AND POLLING PLACES IN GREENVILLE COUNTY, SO AS TO CHANGE THE POLLING PLACE FOR THE PARAMOUNT PRECINCT.
H. 3981 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-35-555, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAXES ON THE SALE OF MOTOR VEHICLES TO NONRESIDENTS, SO AS TO PROVIDE THAT THIS PROVISION ALSO APPLIES TO THE SALE OF TRAILERS, SEMI-TRAILERS, AND POLE TRAILERS, AND TO PROVIDE THAT NO SALES TAXES ON THESE SALES MAY BE IMPOSED UNDER CERTAIN CONDITIONS.
H. 3994 -- Reps. E.B. McLeod, Rhoad and Snow: A BILL TO AMEND TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ANIMALS, LIVESTOCK AND POULTRY, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR THE ERADICATION AND CONTROL OF PSEUDORABIES IN SWINE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 745 -- Senator Holland: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-125 SO AS TO PROVIDE FOR WRITTEN NOTIFICATION OF REGISTRATION TO VOTE; AND TO AMEND SECTION 7-13-710, RELATING TO PROOF OF THE RIGHT TO VOTE AND THE POLL LIST, SO AS TO REVISE THE VOTER IDENTIFICATION REQUIREMENTS BY PROVIDING FOR PROOF BY WRITTEN REGISTRATION NOTIFICATION.
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.
S. 1109 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST IMPORTING, POSSESSING, SELLING, OR RELEASING INTO STATE WATERS UNDESIRABLE SPECIES OF FISH SO AS TO CORRECT SPELLING AND GRAMMATICAL ERRORS.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1110 -- Senator Drummond: A BILL TO AMEND SECTION 50-17-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONTHLY REPORTS OF LICENSEES TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, SO AS TO SPECIFICALLY REQUIRE THE COMPILATION OF INFORMATION, DATA, RECORDS, AND ACCOUNTS; TO REQUIRE THE REPORTS TO BE MADE TO THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES; AND TO PROVIDE PENALTIES.
The following Bill was taken up.
H. 2785 -- Reps. Fair, Corning and Waldrop: A BILL TO AMEND ARTICLE 1 OF CHAPTER 19 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL TRUSTEES AND GENERAL PROVISIONS, BY ADDING SECTION 59-19-91 SO AS TO AUTHORIZE THE BOARD OF TRUSTEES OF ANY SCHOOL DISTRICT IN THE STATE TO CHARGE REASONABLE MATRICULATION AND INCIDENTAL FEES, INCLUDING SCHOOL MATERIALS, SCHOOL EQUIPMENT, SCHOOL SERVICES, AND RELATED SCHOOL USER FEES, TO THE STUDENTS OF ITS DISTRICT, INCLUDING ALSO FEES OR RENTAL CHARGES FOR THE USE OF BOOKS OTHER THAN BASAL TEXTBOOKS, AND TO PROVIDE THAT THE FEES OR CHARGES AUTHORIZED BY THIS SECTION ARE SUBJECT TO CERTAIN CONDITIONS, INCLUDING THE PROVISION THAT STUDENTS WHO DEMONSTRATE, OR WHOSE PARENTS OR LEGAL GUARDIANS DEMONSTRATE, A FINANCIAL INABILITY TO PAY THE FEES OR CHARGES ARE EXEMPTED FROM THE PAYMENT THEREOF; AND TO REPEAL ITEM (8) OF SECTION 59-19-90 RELATING TO THE POWER OF SCHOOL TRUSTEES TO CHARGE AND COLLECT MATRICULATION AND INCIDENTAL FEES FROM PUPILS WHEN ALLOWED BY ANY SPECIAL ACT OF THE GENERAL ASSEMBLY.
Rep. FAIR proposed the following Amendment No. (Doc. No. 3260J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The trustees of the school districts of Greenville County are authorized to charge matriculation and other incidental fees pursuant to the provisions of Section 59-19-90(8) of the 1976 Code.
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3477 -- Reps. J. Bradley, Kohn and Mappus: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF THESE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
Rep. SHEHEEN proposed the following Amendment No. 1 (Doc. No. 3354J), which was adopted.
Amend the bill, as and if amended, in Section 6-11-295 of the 1976 Code, as contained in SECTION 1, page 1, line 29, by inserting after /districts/ /, whose governing bodies are elected,/.
Amend title to conform.
Rep. SHEHEEN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 756 -- Senators Drummond and Thomas: A BILL TO AMEND SECTION 16-11-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF LITTERING, SO AS TO INCREASE THE PENALTIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-13-65 SO AS TO REQUIRE THE STATE DEPARTMENT OF CORRECTIONS TO PROVIDE PERSONS NOT CONVICTED OF VIOLENT CRIMES AND NOT OTHERWISE WORKING TO WORK ON LITTER CONTROL PROJECTS SELECTED BY LOCAL GOVERNMENTS.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 13, by the Committee on Judiciary.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Reps. MATTOS and HODGES proposed the following Amendment No. 3 (Doc. No. 3286J), which was adopted.
Amend the Report of the Committee on Judiciary, as and if amended, by adding a new section at the end to read:
/SECTION . Section 16-11-700 of the 1976 Code, as amended by Act 135 of 1987, is further amended by adding a new subsection (D) to read:
"(D) In addition to the fines provided for in subsection (C) of this section, a fee of twenty-five dollars is assessed to all persons convicted or pleading guilty or nolo contendere for violating the provisions of this section. This fee goes to the county general fund and must be used to defray the cost of supervising those persons who have been ordered to do public service pursuant to the provisions of this section."/
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. SIMPSON proposed the following Amendment No. 4 (Doc. No. 3369J), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Title 44 of the 1976 Code is amended by adding:
Section 44-86-10. As used in this chapter:
( 1) 'Beverage' means beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption.
( 2) 'Beverage container' means the individual, separate, sealed glass, metal, or plastic bottles, can, jar, or carton containing a beverage.
( 3) 'Commission' means the Alcoholic Beverage Control Commission.
( 4) 'Consumer' means every person who purchases a beverage in a beverage container for use or consumption.
( 5) 'Dealer' means every person in this State who engages in the sale of beverages in beverage containers to a consumer or means a redemption center certified under Section 44-86-80.
( 6) 'Distributor' means every person who engages in the sale of beverages in beverage containers to a dealer in this State including any manufacturer who engages in sales.
( 7) 'In this State' means within the exterior limits of South Carolina and includes all territory within these limits owned by or ceded to the United States.
( 8) 'Manufacturer' means every person bottling, canning, or otherwise filling beverage containers for sale to distributors or dealers.
( 9) 'Place of business of a dealer' means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers.
(10) 'Use or consumption' includes the exercise of any right or power over a beverage incident to the ownership of the beverage, other than the sale or the keeping or retention of a beverage for the purposes of sale.
Section 44-86-20. (A) Except as provided in subsection (B), every beverage container sold or offered for sale in this State has a refund value of not less than five cents.
(B) Every beverage container certified as provided in Section 44-86-60 sold or offered for sale in this State, has a refund value of not less than five cents.
Section 44-86-30. Except as provided in Section 44-86-40:
(1) A dealer may not refuse to accept from a consumer any empty beverage containers of the kind, size, and brand sold by the dealer or refuse to pay to the consumer the refund value of a beverage container as established by Section 44-86-20.
(2) A distributor may not refuse to accept from a dealer any empty beverage containers of the kind, size, and brand sold by the distributor or refuse to pay the dealer the refund value of a beverage container as established by Section 44-86-20.
Section 44-86-40. (A) A dealer may refuse to accept from a consumer and a distributor may refuse to accept from a dealer any empty beverage container which does not state on the container a refund value as established by Section 44-86-20.
(B) A dealer may refuse to accept and pay the refund value of empty beverage containers if the place of business of the dealer and the kind and brand of empty beverage containers are included in an order of the commission approving a redemption center under Section 44 -86-80.
Section 44-86-50. (A) Every beverage container sold or offered for sale in this State by a dealer clearly must indicate by embossing, a stamp, a label, or other method securely affixed to the beverage container, the refund value of the container.
(B) Subsection (A) does not apply to glass beverage containers designed for beverages having a brand name permanently marked on the container which, on January 1, 1988, had a refund value of not less than five cents.
(C) No person may sell or offer for sale at retail in this State any metal beverage container so designed and constructed that a part of the container is detachable in opening the container without the aid of a can opener.
Section 44-86-60. (A) To promote the use in this State of reusable beverage containers of uniform design and to facilitate the return of containers to manufacturers for reuse as a beverage container, the commission shall certify beverage containers which satisfy the requirements of this section.
(B) A beverage container must be certified if:
(1) it is reusable as a beverage container by more than one manufacturer in the ordinary course of business; and
(2) more than one manufacturer, in the ordinary course of business, will accept the beverage container for reuse as a beverage container and pay the refund value of the container.
(C) A beverage container must not be certified under this section if by reason of its shape or design, or by reason of words or symbols permanently inscribed on the container, whether by engraving, embossing, painting, or other permanent method, it is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name.
Section 44-86-70. (A) Unless an application for certification under Section 44-86-60 is denied by the commission within sixty days after the filing of the application, the beverage container is considered certified.
(B) The commission may review at any time certification of a beverage container. If after the review, with written notice and hearing afforded to the person who filed the application for certification under Section 44-86-60, the commission determines the container is no longer qualified for certification it shall withdraw certification.
(C) Withdrawal of certification is effective not less than thirty days after written notice to the person who filed the application for certification under Section 44-86-60 and to the manufacturers referred to in Section 44-86-60(B).
Section 44-86-80. (A) To facilitate the return of empty beverage containers and to serve dealers of beverages, any person may establish a redemption center, subject to the approval of the commission, at which consumers may return empty beverage containers and receive payment of the refund value of the beverage containers.
(B) Application for approval of a redemption center must be filed with the commission. The application must state the name and address of the person responsible for the establishment and operation of the redemption center, the kinds and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application must include additional information the commission may require.
(C) The commission shall approve a redemption center if it finds the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the commission approving a redemption center must state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center accepts. The order may contain other provisions to insure the redemption center provides a convenient service to the public as the commission may determine.
(D) The commission may review at any time approval of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the commission, after hearing, may withdraw approval of a redemption center if the commission finds there has not been compliance with its order approving the redemption center or if the redemption center no longer provides a convenient service to the public.
Section 44-86-90. The commission may promulgate regulations to provide the procedures for certification or withdrawal provided for in this chapter.
Section 44-86-100. Any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction must be fined an amount not to exceed one hundred dollars or imprisoned for a term not to exceed thirty days."/
Amend title to conform.
Rep. SIMPSON explained the amendment.
Rep. AYDLETTE raised the Point of Order that Amendment No. 1 was out of order as it was not germane to the Bill.
Rep. SIMPSON argued contra the Point.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the amendment out of order.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2977J), which was adopted.
Amend the bill, as and if amended, by striking Section 40-58-10, as contained in SECTION 1, and inserting:
/Section 40-58-10. (A) This chapter may be cited as the Registration Requirements Act of Certain Loan Brokers of Mortgages and Deeds of Trust on Residential Real Property.
(B) No person, partnership, corporation, banking organization, or other organization, shall broker a residential mortgage loan as defined in this chapter unless either (1) the broker of the mortgage loan is an exempt person or organization as defined by Section 40-58-20(5) or (2) has complied with the provisions of this chapter./
Amend further by striking Section 40-58-20(3), as contained in SECTION 1, and inserting:
/(3) 'mortgage loan broker' means a person or organization in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others;/
Amend further by striking Section 40-58-20(5)(a) on page 2 and inserting:
/(a) a bank, bank holding company, credit union, savings and loan association, savings and loan association holding company, their affiliates and subsidiaries, a supervised licensed lender under Title 37 and a restricted lender under Title 39 and their affiliates and subsidiaries, a Department of Housing and Urban Development or Federal Housing Administration approved mortgagee authorized, chartered, licensed, or approved under the laws of this State or of the United States or an instrumentality of them;/
Amend further by striking Section 40-58-20(6) on page 2 and inserting:
/(6) 'registrant' means a person or organization who is registered pursuant to Section 40-58-50 which engages in the business of soliciting, processing, placing, or negotiating mortgage loans for others or offering to process, place, or negotiate mortgage loans for others;/
Amend further by striking Section 40-58-30 on page 2 and inserting:
/Section 40-58-30. (A) No mortgage loan broker, as defined in Section 40-58-20(3), may engage in the business of processing, placing, or negotiating a mortgage loan or offering to process, place, or negotiate a mortgage loan in this State without first being registered with the administrator.
(B) Notwithstanding subsection (A) of this section, the provisions of this chapter do not apply to an exempt person or organization as defined in Section 40-58-20(5)./
Amend further by striking Section 40-58-40 on page 3 and inserting:
/Section 40-58-40. No person or organization may offer or agree to offer loan brokerage services in this State without first depositing and thereafter continuously maintaining the amount of fifty thousand dollars in cash or securities approved by the administrator or a bond in the amount of fifty thousand dollars executed by a surety company authorized by the laws of this State to transact business within this State. The bond must be executed to the State of South Carolina and must be for the use of the State and for any consumers who may have a cause of action against the loan broker./
Amend further by striking Section 40-58-70(5) on page 5 and inserting:
/(5) fail to escrow a fee which is paid by the borrower before procuring a loan in an interest-bearing account of a supervised financial organization in this State;/
Amend further by striking Section 40-58-70(7) on page 5 and inserting:
/(7) retain a fee paid by a borrower to the loan broker when a loan is not procured within the time specified by the loan broker at the rate, term, and overall cost agreed to by the loan broker and the borrower, regardless of an express written agreement to the contrary. This item does not apply if the failure to procure a loan is due solely to the borrower's negligence or outright refusal to provide information specifically required by the lender./
Amend further by striking Section 40-58-80(B) on page 5 and inserting:
/(B) If the mortgage loan broker fails to appeal the cease and desist order of the administrator in accordance with Section 40-58-90 and continues to engage in the action in violation of the administrator's order, he is subJect to a penalty of one thousand dollars for each action he takes in violation of the administrator's order. The penalty provision of this section is in addition to and not in lieu of any other provision of law applicable to a mortgage loan broker for the mortgage loan broker's failure to comply with an order of the administrator./
Amend further by striking Section 2 on page 6 and inserting:
/SECTION 2. This act takes effect October 1, 1988./
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 3963 be read the third time tomorrow.
The following Bill was taken up.
H. 4020 -- Reps. J.W. McLeod and McEachin: A BILL TO AMEND SECTIONS 37-3-109 AND 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES UNDER THE CONSUMER PROTECTION CODE, SO AS TO EXCLUDE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS FROM THE DEFINITION OF "LOAN FINANCE CHARGE" AND TO ALLOW AS AN ADDITIONAL CHARGE IN CONNECTION WITH A CONSUMER LOAN FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2968J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 37-3-109(1)(b) of the 1976 Code is amended to read:
"(b) charges incurred for investigating the collateral or credit-worthiness of the debtor or for commissions or brokerage for obtaining the credit, irrespective of the person to whom the charges are paid or payable, unless the lender had no notice of the charges when the loan was made but excluding fees and charges paid to persons registered as mortgage loan brokers pursuant to Chapter 58 of Title 40. The term does not include charges as a result of default, additional charges (Section 37-3-202), delinquency charges (Section 37-3-203), or deferral charges (Section 37-3-204), or in a consumer loan which is secured in whole or in part by a first or junior lien on real estate, charges incurred for appraising the real estate that is collateral for the loan, if not paid to the creditor or a person related to the creditor."
SECTION 2. Section 37-3-202(1) of the 1976 Code is amended by adding:
"(f) fees and charges paid to persons registered as mortgage loan brokers pursuant to Chapter 58 of Title 40."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. T.M. BURRISS explained the amendment.
The amendment was then adopted.
Rep. T.M. BURRISS explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that H. 4020 be read the third time tomorrow.
The following Bill was taken up.
H. 3416 -- Reps. J. Bradley, J.W. McLeod, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-45 SO AS TO PROVIDE THAT NO USED MOTOR VEHICLE PARTS OR MOTOR VEHICLE PARTS OTHER THAN THOSE OF THE ORIGINAL EQUIPMENT MANUFACTURER MAY BE USED TO REPAIR A MOTOR VEHICLE AS A RESULT OF AN AUTOMOBILE ACCIDENT WHERE THE COST OF THE PROPERTY DAMAGE IS BEING PAID BY THE INSURER OF THE AT-FAULT PARTY, WITHOUT THE CONSENT OF THE OWNER OF THE VEHICLE BEING REPAIRED.
Rep. McLELLAN moved to adjourn debate upon the Bill until Wednesday, May 4.
Rep. BEASLEY moved to table the motion, which was agreed to.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 19, by the Committee on Labor, Commerce and Industry.
Rep. J. BRADLEY explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. J. BRADLEY moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4202 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING MISS JENNIFER YOUNG, SENIOR AT CHERAW HIGH SCHOOL IN CHESTERFIELD COUNTY, UPON BEING SELECTED AS ONE OF THE STATE WINNERS IN HER GRADE CATEGORY IN THE NINETEENTH ANNUAL SOUTH CAROLINA BEAUTIFICATION POSTER CONTEST.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4203 -- Reps. Baxley, Harvin, Wells and Neilson: A HOUSE RESOLUTION CONGRATULATING MR. W. ANDREW WILLIAMS OF DARLINGTON COUNTY ON BEING ELECTED VICE PRESIDENT OF THE STUDENT BODY AT THE UNIVERSITY OF SOUTH CAROLINA IN COLUMBIA.
The Resolution was adopted.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3747 -- Rep. Carnell: A BILL TO AMEND SECTIONS 56-1-770 AND 56-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDUCTION OF POINTS ASSIGNED TO DRIVERS FOR VARIOUS TRAFFIC VIOLATIONS FOR COMPLETION OF A DEFENSIVE DRIVING COURSE AND MINIMUM STANDARDS AND CONDITIONS OF OPERATION FOR DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH PROCEDURES FOR THE APPROVAL OF DEFENSIVE DRIVING COURSES OFFERED BY DRIVER TRAINING SCHOOLS WHICH WILL QUALIFY THOSE SUCCESSFULLY COMPLETING THE COURSE FOR A REDUCTION OF POINTS, TO REQUIRE THE DEPARTMENT TO APPROVE COURSES WHICH MEET CERTAIN STANDARDS, AND INCLUDE AMONG THE MINIMUM STANDARDS A REQUIREMENT THAT DRIVER TRAINING SCHOOLS HAVE OR HAVE ACCESS TO SUFFICIENT FACILITIES AND EQUIPMENT TO CONDUCT A DEFENSIVE DRIVING COURSE OF EIGHT HOURS DURATION AND FOR A MINIMUM OF TEN STUDENTS.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3993 -- Reps. Cork and White: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 7 SO AS TO DESIGNATE THE I-95, U.S. ROUTE 278 CONNECTOR ROAD IN JASPER AND BEAUFORT COUNTIES AS THE HILTON HEAD SCENIC HIGHWAY, AND TO PROHIBIT ALL OFF-PREMISES OUTDOOR ADVERTISING ON THIS SCENIC HIGHWAY.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3018 -- Rep. L. Phillips: A BILL TO AMEND SECTION 56-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF CERTAIN DRIVERS' LICENSE CANCELLATIONS, SUSPENSIONS, OR REVOCATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SECTION 56-1-820, RELATING TO THE REVIEW OF SUSPENSIONS BY THE DEPARTMENT, AND SECTION 56-5-2950, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD AND THE PROCEDURES RELATED THERETO INCLUDING AN APPELLATE HEARING BY THE DEPARTMENT SO AS TO REVISE THESE HEARING OR REVIEW PROCEDURES AND REQUIRE THAT THESE HEARINGS OR REVIEWS BE CONDUCTED IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT, AND TO AMEND SECTION 56-5-5360, AS AMENDED, RELATING TO MOTOR VEHICLE INSPECTIONS, SO AS TO REVISE THE HEARING OFFICIAL DESIGNATED TO HEAR APPEALS OF GARAGES OR STATIONS DENIED THE RIGHT TO ISSUE CERTIFICATES OF INSPECTION.
Ordered for consideration tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3416 -- Reps. J. Bradley, J.W. McLeod, M.O. Alexander and Neilson: A BILL TO AMEND ARTICLE 1, CHAPTER 77, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE, BY ADDING SECTION 38-77-45 SO AS TO PROVIDE THAT NO USED MOTOR VEHICLE PARTS OR MOTOR VEHICLE PARTS OTHER THAN THOSE OF THE ORIGINAL EQUIPMENT MANUFACTURER MAY BE USED TO REPAIR A MOTOR VEHICLE AS A RESULT OF AN AUTOMOBILE ACCIDENT WHERE THE COST OF THE PROPERTY DAMAGE IS BEING PAID BY THE INSURER OF THE AT-FAULT PARTY, WITHOUT THE CONSENT OF THE OWNER OF THE VEHICLE BEING REPAIRED.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 19, by the Committee on Labor, Commerce and Industry.
Reps. McLELLAN and J. BRADLEY spoke against the amendment.
Rep. HEARN was recognized.
Reps. McLELLAN, HEARN, SIMPSON, E.B. McLEOD, BLANDING and PETTIGREW objected to the Bill.
Rep. WILKINS moved to reconsider the vote whereby debate was adjourned on the following Bill until Thursday, April 21, which was agreed to.
H. 3999 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 23-31-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO POSSESS A WEAPON, SO AS TO PROVIDE FOR THE ISSUANCE TO CIRCUIT AND FAMILY COURT JUDGES.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 14, by Rep. J. ROGERS.
Rep. WILKINS moved to table the amendment, which was agreed to.
Rep. J. ROGERS proposed the following Amendment No. 2 (Doc. No. 3348J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-23-20(1) of the 1976 Code is amended to read:
"(1) Regular, salaried law enforcement officers of a municipality, or county, or of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy wildlife conservation officers within their territorial jurisdictions, and reserve police officers while serving and functioning as law enforcement officers as authorized by Section 23-28-10 et seq., and circuit or family court judges."
SECTION 2. Section 23-31-120(c) of the 1976 Code is amended to read:
"(c) All persons issued permits by the State Law Enforcement Division pursuant to subsection (a) of this section shall obtain and file with the Secretary of State, as a prerequisite to issuance of such the permit, a personal guarantee, an indemnity agreement, or a bond in the amount of two ten thousand dollars for the purpose of guaranteeing payment up to such that amount of any judgment obtained against such the person arising out of the negligent or unlawful use of any pistol possessed and used by such the person, whether such the cause of action arises out of such the person's official duties or otherwise. Such The bond shall must be issued by a commercial bonding company licensed by the State, and it shall must be issued for a period of time coterminous with the life of the permit. In the event If any permit is cancelled, suspended, or revoked by the division, such the bond shall not be, guarantee, and agreement are not effective as to covered acts committed during such times as the permit is not in effect. Any person whose application has been denied may appeal such the denial to the circuit court for the county of his residence and shall must be heard as on certiorari."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. J. ROGERS explained the amendment.
The amendment was then adopted.
Rep. WILKINS explained the Bill.
Reps. KLAPMAN, FABER, BLANDING and TAYLOR objected to the Bill.
Rep. LOCKEMY moved to adjourn debate upon the following Joint Resolution until Tuesday, April 26, which was adopted.
H. 4099 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF NURSING, RELATING TO FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 956, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
The following Bill was taken up.
H. 3107 -- Reps. Rudnick, White, J. Brown, Holt, Washington, McBride, Ferguson and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-51-115 SO AS TO PROVIDE FOR A ONE-YEAR PERIOD FOR REDEMPTION OF MOBILE OR MODULAR HOMES SOLD AT A DELINQUENT TAX SALE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3075J).
Amend the bill, as and if amended, in SECTION 1, page 1, line 3, by striking /115/ and inserting /95/, on lines 6 through 9, by striking /, within one year from the day the mobile home or modular home was publicly sold by the delinquent tax collector of any county because of nonpayment of taxes,/, on line 10, by inserting after /property/ /as provided for in Sections 12-51-90, 12-51-100, and 12-51-120./, and on lines 10 through 23, by striking /by paying to the delinquent tax collector the taxes, penalties, costs, and expenses of the sale, together with eight percent interest on the whole amount of the purchase price of the property so sold and also any and all amounts paid by the bidder as taxes on the property. The delinquent tax collector then shall refund to the purchaser the amount paid on his bid, with interest as above stated, and all taxes paid by the bidder. The bid by the purchaser must then be cancelled and revoked, the owner remaining in, or being restored to, possession of the mobile or modular home./ so that when amended SECTION 1 shall read:
/SECTION 1. Chapter 51 of Title 12 of the 1976 Code is amended by adding:
"Section 12-51-95. Notwithstanding the provisions of Section 12-51-110, the owner of any 'mobile home' or 'modular home', as defined in Section 31-17-20, may redeem the property as provided for in Sections 12-51-90, 12-51-100, and 12-51-120."/
Amend further in SECTION 2, page 1, line 1, by striking /115/ and inserting /95/ and on page 2, line 1, by inserting after /Code/ /as/ so that when amended SECTION 2 shall read:
/SECTION 2. The provisions of Section 12-51-95 of the 1976 Code as added by this act are effective with respect to mobile or modular homes sold at auction by county delinquent tax collectors after the effective date of this act./
Amend title, line 2, by striking /115/ and inserting /95/ so that when amended the title shall read:
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-51-95 SO AS TO PROVIDE FOR A ONE-YEAR PERIOD FOR REDEMPTION OF MOBILE OR MODULAR HOMES SOLD AT A DELINQUENT TAX SALE./
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Tuesday, April 26, which was adopted.
The following Bill was taken up.
H. 2757 -- Rep. Foxworth: A BILL TO AMEND SECTIONS 50-11-4310, 50-11-4330, 50-11-4360, 50-11-4380, 50-11-4390, 50-11-4420, 50-11-4440, 50-11-4460, AND 50-11-4470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPPING OF FURBEARING ANIMALS, SO AS TO DEFINE "FUR BUYER", "COMMERCIAL PURPOSES", "TRAP", "FOOT-HOLD TRAP", "LIVE TRAP" AND "PROCESSOR", TO REDEFINE "TAKE", "TRAPPER", TO DELETE DEFINITIONS OF "FUR DEALER", "TAKING", AND "TAKING FOR COMMERCIAL PURPOSES", TO REQUIRE A COMMERCIAL FUR LICENSE FOR ALL PERSONS WHO SELL FURBEARING ANIMALS FOR COMMERCIAL PURPOSES, EXCEPT PROCESSORS, MANUFACTURERS, OR RETAILERS, TO CHANGE THE PROCEDURE FOR THE ANNUAL REPORT OF LICENSEES, TO EXEMPT RETAILERS OR MANUFACTURERS OF FINISHED FURS, TANNERS, AND PERSONS ACQUIRING FURBEARING ANIMAL CARCASSES WITHOUT HIDES FROM BUYERS LICENSE REQUIREMENTS, TO REQUIRE COMMERCIAL FUR LICENSEES TO AFFIX TAGS AND PROVIDE A PROCEDURE FOR TAGGING, TO ADD WHOLE ANIMALS TO THE LIST OF PROPERTY WHICH MAY BE CONFISCATED, TO REQUIRE A PERMIT FOR OUT OF STATE SHIPMENT, AND TO SPECIFICALLY IDENTIFY CODE SECTIONS TO WHICH PENALTIES APPLY; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-11-4325, 50-11-4385, 50-11-4425, AND 50-11-4475 SO AS TO PROHIBIT TAKING TRAPPED WILDLIFE FROM TRAPS BY ANY PERSON OTHER THAN THE OWNER OF THE TRAP OR HIS DESIGNEE, TO PROVIDE FOR A PROCESSOR'S LICENSE AND REQUIRE REPORTS BY THE LICENSEE, TO PROVIDE PENALTIES FOR VIOLATIONS NOT SPECIFIED IN SECTION 50-11-4470, AND TO REPEAL ARTICLE 11 OF CHAPTER 11 OF TITLE 50 RELATING TO BOUNTIES ON FOXES.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0084R), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
TO AMEND SECTIONS 50-11-4310, 50-11-4330, 50-11-4360, 50-11-4380, 50-11-4390, 50-11-4420, 50-11-4440, 50-11-4460, AND 50-11-4470, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAPPING OF FURBEARING ANIMALS, SO AS TO DEFINE "FUR BUYER", "COMMERCIAL PURPOSES", "TRAP", "FOOT-HOLD TRAP", "LIVE TRAP" AND "PROCESSOR", TO REDEFINE "TAKE", "TRAPPER", TO DELETE DEFINITIONS OF "FUR DEALER", "TAKING", AND "TAKING FOR COMMERCIAL PURPOSES", TO REQUIRE A COMMERCIAL FUR LICENSE FOR ALL PERSONS WHO SELL FURBEARING ANIMALS FOR COMMERCIAL PURPOSES, EXCEPT PROCESSORS, MANUFACTURERS, OR RETAILERS, TO CHANGE THE PROCEDURE FOR THE ANNUAL REPORT OF LICENSEES, TO EXEMPT RETAILERS OR MANUFACTURERS OF FINISHED FURS, TANNERS, AND PERSONS ACQUIRING FURBEARING ANIMAL CARCASSES WITHOUT HIDES FROM BUYERS LICENSE REQUIREMENTS, TO REQUIRE COMMERCIAL FUR LICENSEES TO AFFIX TAGS AND PROVIDE A PROCEDURE FOR TAGGING, TO ADD WHOLE ANIMALS TO THE LIST OF PROPERTY WHICH MAY BE CONFISCATED, TO REQUIRE A PERMIT FOR OUT OF STATE SHIPMENT, AND TO SPECIFICALLY IDENTIFY CODE SECTIONS TO WHICH PENALTIES APPLY; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-11-4325, 50-11-4385, 50-11-4425, AND 50-11-4475 SO AS TO PROHIBIT TAKING TRAPPED WILDLIFE FROM TRAPS BY ANY PERSON OTHER THAN THE OWNER OF THE TRAP OR HIS DESIGNEE, TO PROVIDE FOR A PROCESSOR'S LICENSE AND REQUIRE REPORTS BY THE LICENSEE, TO PROVIDE PENALTIES FOR VIOLATIONS NOT SPECIFIED IN SECTION 50-11-4470, AND TO REPEAL ARTICLE 11 OF CHAPTER 11 OF TITLE 50 RELATING TO BOUNTIES ON FOXES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-11-4310 is amended to read:
"Section 50-11-431.0. For the purpose of this article:
(a) 'Furbearing animal' includes red and gray fox, raccoon, opossum, muskrat, mink, skunk, otter, bobcat, weasel, or beaver.
(b) 'Fur dealer buyer' means any person who purchases any whole furbearing animal, raw or green furs, pelts, or hides for processing.
(c) 'Take, taking' includes the trapping, hunting, killing, catching, capturing, or taking of any furbearing animal, including taking with the use of firearms means to shoot, wound, kill, trap, capture, or collect, or attempt to shoot, wound, kill, trap, capture, or collect.
(d) 'Taking for Commercial purposes' means the involvement of anyone taking or possessing any fur, pelt, hide, or whole animal for exchange, sale, trade, or barter, and taking or possessing five or more than five furbearing animals furs, pelts, hides, or whole animals is taking for commercial purposes.
(e) 'Trapper' means a licensee under this article any person who takes or attempts to take animals by trapping.
(f) 'Trap' means any device, other than a weapon, designed or constructed for taking animals.
(g) 'Foot-hold trap' means a steel-jawed, spring-loaded device designed to capture the animal by the foot.
(h) 'Live trap' means any box or cage designed for capturing and holding any animal unharmed.
(i) 'Processor' means any person engaged in tanning or dressing furs, pelts, or hides of furbearing animals for commercial purposes.
(j) 'Transfer' includes selling, bartering, exchanging, and transporting."
SECTION 2. The 1976 Code is amended by adding:
"Section 50-11-4325. It is unlawful for any person, other than the owner of the trap to remove any lawfully trapped wildlife from any legally set trap. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for no more than thirty days."
SECTION 3. Section 50-11-4330 is amended to read:
"Section 50-11-4330. In addition to a valid state hunting license, a commercial fur license is required of all persons who sell or take by any means, except trapping, furbearing animals for commercial purposes and all persons who trap or who attempt to trap any furbearing animals. The license must be is issued by the South Carolina Wildlife and Marine Resources Department at a cost of ten dollars for residents and one hundred dollars for nonresidents. The license is valid for the fiscal year for which issued. Persons fourteen years of age or over must have a valid hunting license in addition to a commercial fur license. Any person taking animals under authority of a commercial fur license shall carry the license on his person. Any person having in his possession more than five furbearing animals or pelts shall have a valid commercial fur license. The provisions of this section do not apply to a processor, manufacturer, or retailer."
SECTION 4. Section 50-11-4360 is amended to read:
"Section 50-11-4360. Any person required to be licensed under Section 50-11-4330 shall report annually to the department within thirty days after the end of the regular season set for the taking of by April 15 of each year the number and type of furbearing animals all all furs, pelts, and hides taken, sold, or shipped, together with the names and addresses of persons to whom sold or shipped using forms as the department may prescribe. Any person failing to report by April 15 of each year may not be licensed for the following fiscal year."
SECTION 5. Section 50-11-4380 of the 1976 Code is amended to read:
"Section 50-11-4380. Any person other than a retailer who engages in the business of buying of finished fur or manufacturer of finished furs, pelts, hides, or similar articles or parts of them who buys furs, pelts, hides, whole furbearing animals, similar articles or parts of them in this State is required to have a fur dealer, buyer, and processor's buyer's license. The license must be is issued by the department at a cost of one hundred dollars for residents and two hundred dollars for nonresidents. The license is valid for the fiscal year in which issued. Any person transacting business under authority of such a license shall carry that license on his person or have it permanently displayed in his place of business."
SECTION 6. The 1976 Code is amended by adding:
"Section 50-11-4385. Any fur processor engaged in processing the hides of furbearing animals is required to obtain a processor's license. The license is issued by the department at a cost of five hundred dollars. The license is valid for the fiscal year in which it is issued. A taxidermist who possesses any fur, pelt, hide, or whole furbearing animal legally owned by another person, which he is temporarily holding for the purpose of processing is not required to obtain this license. All processors shall keep a daily register showing the name and address of each person from whom the fur, pelt, hide, or whole furbearing animal is received, the number of each species and the date and place of origin. All processors shall report the information to the department not later than June thirtieth of each year."
SECTION 7. Section 50-11-4390 of the 1976 Code is amended to read:
"Section 50-11-4390. The following persons are not required to obtain the license provided for in Section 50-11-4380:
(a) a person who buys or otherwise acquires not more than five furs, pelts, or hides, or whole animals for his own personal use during one season and not for barter, exchange, or sale.;
(b) a person who can substantiate the fact that any fur, pelt, or hide he possesses has been bought from a licensed fur dealer or lawfully obtained from a dealer in another state and is dressed, altered, trimmed, repaired, or manufactured into a finished product so as not to be resold as a fur, pelt, or hide under Section 50-11-4385 as a processor.;
(c) a tanner or taxidermist who possesses any fur or, pelt, hide, or whole furbearing animal legally owned by another person, which he is temporarily holding solely for the purposes of processing.;
(d) a person acquiring furbearing animal carcasses without hides."
SECTION 8. Section 50-11-4420 of the 1976 Code is amended to read:
"Section 50-11-4420. Any fur, pelt, or hide which is taken by any commercial fur licensee Any person required to be licensed pursuant to Section 50-11-4330 who takes any furbearing animal must be tagged at the time tag the fur, pelt, or hide, or part thereof whole furbearing animal at the time the fur is removed from the body or carcass of the or in the case of a whole animal at the time the whole animal is stored or before it is sold, whichever occurs first. The tags must be sold by the department according to the following fee schedule:
bobcat $2.00
otter 2.00
mink 1.00
gray fox 1.00
red fox 1.00
weasel 1.00
beaver .25
raccoon .50
skunk .25
muskrat .25
opossum .25
The tags must be of a type and size the department prescribes. The tags must be securely attached to the fur, pelt, or hide and may not be removed until the fur, pelt, or hide is made into a finished product or sold for private use time of processing. Any fur, pelt, or hide, or whole animal which has been removed from the body or carcass or part thereof does not have a tag attached as required by this section or that is unlawfully tagged, is declared contraband and must be confiscated. Each fur, pelt, or hide found constitutes a separate offense against the holder. Unused tags must be returned to the department within thirty days after the end of the regular season for the taking of furbearing animals by April 15 of each year. Full refund must be given for returned unused tags returned by April 15. Tags may only be used for the specific species for which they are issued and they must be numbered consecutively. These tags are nontransferable and may not be altered in any manner. The department may limit the number of tags for each species and the area in which they may be used. Furbearing animals taken live to be sold as live animals are not required to be tagged."
SECTION 9. The 1976 Code is amended by adding:
"Section 50-11-4425. Except as otherwise permitted in this article, it is unlawful to possess, acquire, or transfer any untagged fur, pelt, hide, or whole animal. Any person convicted of a violation of this section is guilty of a misdemeanor and must be punished as provided in Section 50-11-4470. Each fur, pelt, hide, or whole animal found untagged or unlawfully tagged, constitutes a separate offense.
SECTION 10. Section 50-11-4440 of the 1976 Code is amended to read:
"Section 50-11-4440. The department may confiscate all traps and devices, furs, pelts, and hides, and whole animals which are illegally held possessed, tagged, or used and hold them as evidence. Where the department has no storage facilities for perishable items such as furs, it may sell them at a reasonable price and hold the proceeds pending the final outcome of the case. Upon conviction of the owner, any traps, devices, furs, pelts, or hides, or whole animals being held may be disposed of as determined advisable by the director department and any proceeds resulting from the sale must be used for the propagation and protection of game. Any trapping devices found set without identification of the owner or which is improperly located or of a type or size prohibited by Section 50-11-4370 must be seized and destroyed by the department."
SECTION 11. Section 50-11-4460 of the 1976 Code is amended to read:
"Section 50-11-4460. Any person desiring to ship, transport, or attempt shipping or transporting or attempting to ship or transport out of this State, the skins, untanned furs, pelts, or hides, or whole of any furbearing animal animals out of this State shall contact a first obtain a permit from the department. The department may designate a conservation officer before packaging the items. The package must be sealed in the presence of the conservation officer who shall affix a label furnished by the department at no charge to each package, certifying that the tags required by Section 50-11-4420 have been properly attached and paid for. Any conservation officer or designee of the executive director may open and or other representative in each county to inspect any package containing furs, pelts, or hides shipped from within this State the shipment and issue the permit."
SECTION 12. Section 50-11-4470 of the 1976 Code is amended to read:
"Section 50-11-4470. Any person violating the provisions of Sections 50-11-4320, 50-11-4330, 50-11-4380, 50-11-4385, 50-11-4400 or 50-11-4380 50-11-4425 is guilty of a misdemeanor and, upon conviction, must be fined not less than three hundred dollars nor more than one thousand dollars, or imprisoned for not more than sixty days for each violation. In addition, upon conviction the department shall suspend the person's privilege to buy furbearing animals the fur buyer's license for one year from the date of the conviction.
Any person violating provisions of this article than those specified in this section is guilty of a misdemeanor and upon conviction must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not more than thirty days for each violation.
SECTION 13. The 1976 Code is amended by adding:
"Section 50-11-4475. Any person violating the provisions of this article unless otherwise specified in Section 50-11-4470 is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars nor more than two hundred dollars, or imprisoned for not more than thirty days for each violation."
SECTION 14. Article 11 of Chapter 11 of Title 50 is repealed.
SECTION 15. No provisions of this act shall apply to any person who owns a foxhunting-enclosed preserve or pup training facility where the fox are not retained or marketed for fur utilization, if such fox are from licensed commercial trapper in a live state. The department shall issue permits for the foxes at no cost to the owner of the preserve and further, shall require reports suitable to maintain adequate records of sales or transfers of the foxes.
SECTION 16. This act takes effect upon approval by the Governor.
Amend titles and renumber sections to conform.
Rep. FOXWORTH explained the amendment.
The amendment was then adopted.
Reps. ARTHUR, DAY and COOPER objected to the Bill.
Rep. L. MARTIN moved to adjourn debate upon the following Bill until Tuesday, April 26, which was adopted.
H. 2902 -- Rep. L. Phillips: A BILL TO AMEND SECTION 59-30-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STUDENT MAKE-UP TESTS, SO AS TO PROVIDE FOR A MAKE-UP PERIOD FOR TAKING A MISSED TEST.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3789 -- Reps. Lanford, Davenport, Fair, Cole, McEachin, Wells, Shelton, Lockemy, Barfield, Humphries, McGinnis, Nesbitt and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-60 SO AS TO REQUIRE NOTICES REQUIRED BY LAW TO BE MAILED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, EXCEPT BY REGISTERED OR CERTIFIED MAIL, TO HAVE PRINTED ON THE ENVELOPE "PLEASE FORWARD".
S. 1417 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO EXEMPT THE TRANSCRIPT OF TESTIMONY GIVEN DURING THE 1988 SCREENING OF CANDIDATES FOR CIRCUIT JUDGESHIP OF THE NINTH JUDICIAL CIRCUIT FROM THE PROVISION OF SECTION 2-19-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, TO PROVIDE THAT THE CLERK OF EACH HOUSE RETAIN CERTIFIED COPIES OF THE TRANSCRIPT, AND TO PROVIDE THAT A VERBATIM COPY OF THE TESTIMONY BE GIVEN TO EACH MEMBER OF THE GENERAL ASSEMBLY.
The following Bill was taken up.
H. 3143 -- Rep. M.D. Burriss: A BILL TO PROHIBIT A PERSON FROM SERVING ON OR RUNNING FOR ELECTION AS A MEMBER OF A SCHOOL DISTRICT BOARD OF TRUSTEES BY WHICH THE PERSON IS EMPLOYED.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3140J).
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. No person may serve as a member of a school district board of trustees by which the person is employed./
Amend title to conform.
Rep. SIMPSON explained the amendment.
Reps. J. BRADLEY, HOLT and KLAPMAN objected to the Bill.
The following Bill was taken up.
S. 943 -- Senator Garrison: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO DELETE THE PROVISION THAT LIMITS UNDERGRADUATES MAJORING IN EDUCATION TO TAKING THE BASIC SKILLS EXAMINATION MORE THAN THREE TIMES AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3120J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 59-26-20(f) of the 1976 Code is amended to read:
"(f) Administer the basic skills examination provided for in this section at least two times per a year."/
Amend title to conform.
Rep. NESBITT explained the amendment.
The amendment was then adopted.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of amendments.
Rep. SIMPSON asked unanimous consent to recall H. 2051 from the Committee on Agriculture and Natural Resources.
Rep. PEARCE objected.
Rep. L. MARTIN moved to reconsider the vote whereby debate was adjourned on the following Bill until Tuesday, April 26, which was agreed to.
H. 2902 -- Rep. L. Phillips: A BILL TO AMEND SECTION 59-30-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STUDENT MAKE-UP TESTS, SO AS TO PROVIDE FOR A MAKE-UP PERIOD FOR TAKING A MISSED TEST.
Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of Amendment No. 2, Rep. BEASLEY having the floor.
H. 3771 -- Education and Public Works Committee: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 130 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, BY ADDING CHAPTER 133 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR FRANCIS MARION COLLEGE, AND BY ADDING CHAPTER 135 SO AS TO PROVIDE FOR A BOARD OF TRUSTEES FOR LANDER COLLEGE; TO AMEND SECTION 59-131-10, RELATING TO AUTHORIZATION TO THE STATE COLLEGE BOARD OF TRUSTEES TO PROVIDE PARKING FACILITIES AT THE COLLEGE OF CHARLESTON, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES, PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, AND DELETE CERTAIN LANGUAGE; TO AMEND SECTION 59-131-30, RELATING TO PARKING FACILITIES AT THE COLLEGE OF CHARLESTON AND THE REQUIREMENT THAT BONDS ARE PAYABLE SOLELY FROM REVENUES OF PARKING FACILITIES, SO AS TO, AMONG OTHER THINGS, DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND PROVIDE REFERENCE TO THE BOARD OF TRUSTEES FOR THE COLLEGE OF CHARLESTON; TO AMEND SECTION 59-101-10, RELATING TO THE DESIGNATION OF STATE COLLEGES AND UNIVERSITIES, SO AS TO, AMONG OTHER THINGS, LIST THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE AS SEPARATE AND DISTINCT INSTITUTIONS, EACH UNDER ITS SEPARATE GOVERNING BOARD: TO AMEND SECTION 59-101-20, RELATING TO THE TRANSFER OF THE COLLEGE OF CHARLESTON TO THE STATE, SO AS TO DELETE PROVISIONS RELATING TO THE COLLEGE BEING GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES AND CERTAIN OTHER OBSOLETE PROVISIONS; TO AMEND SECTION 59-101-30, RELATING TO THE TRANSFER OF LANDER COLLEGE TO THE STATE, SO AS TO DELETE CERTAIN OBSOLETE PROVISIONS AND THE PROVISION THAT THE COLLEGE IS GOVERNED BY THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-111-340, RELATING TO THE INSTITUTIONS TO WHICH THE LAWS DEALING WITH FREE TUITION FOR RESIDENTS SIXTY-FIVE YEARS OF AGE APPLY, SO AS TO DELETE REFERENCE TO INSTITUTIONS UNDER THE JURISDICTION OF THE STATE COLLEGE BOARD OF TRUSTEES; TO AMEND SECTION 59-112-10, RELATING TO THE DEFINITION OF "STATE INSTITUTION" FOR PURPOSES OF THE LAWS DEALING WITH DETERMINATION OF RATES OF TUITION AND FEES, SO AS TO DELETE REFERENCE TO THE STATE COLLEGE BOARD OF TRUSTEES AND TO LIST THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, LANDER COLLEGE, AND FRANCIS MARION COLLEGE; TO REPEAL CHAPTER 105 OF TITLE 59, RELATING TO THE STATE COLLEGE BOARD OF TRUSTEES; TO PROVIDE THAT MEMBERS OF THE STATE COLLEGE BOARD OF TRUSTEES WHO ARE SERVING TERMS ON THAT BOARD ON THE EFFECTIVE DATE OF THIS ACT MAY, AT THEIR OPTION, SERVE AS TRUSTEES ON THE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, OR LANDER COLLEGE; AND TO PROVIDE FOR THE ELECTION OF THE INITIAL MEMBERS OF THE SEPARATE BOARDS OF TRUSTEES FOR THE COLLEGE OF CHARLESTON, FRANCIS MARION COLLEGE, AND LANDER COLLEGE.
Debate was resumed on Amendment No. 2, which was proposed on Thursday, April 14, by Reps. BEASLEY and DAY.
Rep. BEASLEY moved to table the amendment, which was agreed to.
Rep. BEASLEY proposed the following Amendment No. 3 (Doc. No. 3332J), which was adopted.
Amend the bill, as and if amended, by striking Code Section 59-130-10, as contained in SECTION 1 of the bill, and inserting:
/Section 59-130-10. The board of trustees for the College of Charleston is composed of the Governor of the State, the chairman of the Senate Committee on Education (or his designee from that committee), and the chairman of the House Committee on Education and Public Works (or his designee from that committee), which three are members ex officio of the board; and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State.
Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.
The term of office of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is coterminous with the term of the Governor appointing him. He shall serve after his term has expired until his successor is appointed and qualifies.
Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member appointed by the Governor shall occupy Seat Sixteen.
Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for the College of Charleston within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for the College of Charleston for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.
Effective July 1, 1988, the even-numbered seats of those members elected by the General Assembly must be filled for four-year terms expiring June 30, 1992. The remaining elective odd-numbered seats on the board must be filled for two-year terms beginning July 1, 1988, and expiring June 30, 1990. The trustees for the odd-numbered seats must then be elected for four-year terms beginning July 1, 1990, and expiring June 30, 1994. The General Assembly shall hold elections every two years to select successors of the trustees whose four-year terms are then expiring. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected.
If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in the appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment./
Amend further, by striking Code Section 59-133-10, as contained in SECTION 2 of the bill, and inserting:
/Section 59-133-10. The board of trustees for Francis Marion College is composed of the Governor of the State, the chairman of the Senate Committee on Education (or his designee from that committee), and the chairman of the House Committee on Education and Public Works (or his designee from that committee), which three are members ex officio of the board; and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State.
Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.
The term of office of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is coterminous with the term of the Governor appointing him. He shall serve after his term has expired until his successor is appointed and qualifies.
Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member appointed by the Governor shall occupy Seat Sixteen.
Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for Francis Marion College within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for Francis Marion College for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.
Effective July 1, 1988, the even-numbered seats of those members elected by the General Assembly must be filled for four-year terms expiring June 30, 1992. The remaining elective odd-numbered seats on the board must be filled for two-year terms beginning July 1, 1988, and expiring June 30, 1990. The trustees for the odd-numbered seats must then be elected for four-year terms beginning July 1, 1990, and expiring June 30, 1994. The General Assembly shall hold elections every two years to select successors of the trustees whose four-year terms are then expiring. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected.
If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in the appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment./
Amend further, by striking Code Section 59-135-10, as contained in SECTION 3 of the bill, and inserting:
/Section 59-135-10. The board of trustees for Lander College is composed of the Governor of the State, the chairman of the Senate Committee on Education (or his designee from that committee), and the chairman of the House Committee on Education and Public Works (or his designee from that committee), which three are members ex officio of the board; and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State.
Of the fifteen members to be elected, two members must be elected from each congressional district and the remaining three members must be elected by the General Assembly from the State at large.
The term of office of the at-large trustee appointed by the Governor is effective upon certification to the Secretary of State and is coterminous with the term of the Governor appointing him. He shall serve after his term has expired until his successor is appointed and qualifies.
Each position on the board constitutes a separate office and the seats on the board are numbered consecutively as follows: for the First Congressional District, Seats One and Two; for the Second Congressional District, Seats Three and Four; for the Third Congressional District, Seats Five and Six; for the Fourth Congressional District, Seats Seven and Eight; for the Fifth Congressional District, Seats Nine and Ten; for the Sixth Congressional District, Seats Eleven and Twelve; for the at-large positions elected by the General Assembly, Seats Thirteen, Fourteen, and Fifteen. The member appointed by the Governor shall occupy Seat Sixteen.
Any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees or is serving on the Planning Committee for Lander College within the State College Board of Trustees has the option of serving as a trustee on the board of trustees for Lander College for an appropriate two-year term expiring June 30, 1990. Such option must be exercised on the first day of the filing period. If two such members file for the same seat, the General Assembly shall elect the board member from those so filing.
Effective July 1, 1988, the even-numbered seats of those members elected by the General Assembly must be filled for four-year terms expiring June 30, 1992. The remaining elective odd-numbered seats on the board must be filled for two-year terms beginning July 1, 1988, and expiring June 30, 1990. The trustees for the odd-numbered seats must then be elected for four-year terms beginning July 1, 1990, and expiring June 30, 1994. The General Assembly shall hold elections every two years to select successors of the trustees whose four-year terms are then expiring. Except as otherwise provided in this chapter, no election may be held before April first of the year in which the successor's term is to commence. The term of office of an elective trustee commences on the first day of July of the year in which the trustee is elected.
If an elective office becomes vacant, the Governor may fill it by appointment until the next session of the General Assembly. The General Assembly shall hold an election at any time during the session to fill the vacancy for the unexpired portion of the term. A vacancy occurring in the appointed office on the board must be filled for the remainder of the unexpired term by appointment in the same manner of the original appointment./
Amend further, by striking SECTION 15 (page 42, lines 39-45) and inserting in its place the following:
/SECTION 15. Notwithstanding the provisions of Section 59-130-10 of the 1976 Code as contained in Section 1 of this act, Section 59-133-10 of the 1976 Code as contained in Section 2 of this act, and Section 59-135-10 of the 1976 Code as contained in Section 3 of this act, regarding any person who, as of July 1, 1988, is serving as president of the State College Board of Trustees having the option of serving as a trustee on the new, separate board of trustees for an appropriate two-year term expiring June 30, 1990, the president of the State College Board of Trustees is limited to serving thusly on only one of the three new, separate boards of trustees established by this act and may not serve thusly on all three such boards./
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration:
H. 3706 -- Reps. J. Rogers and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-29-67, SO AS TO PROVIDE FOR PAYMENTS IN LIEU OF TAXES FOR INDUSTRIAL DEVELOPMENT PROJECTS VALUED AT ONE HUNDRED MILLION DOLLARS OR MORE FINANCED BY INDUSTRIAL REVENUE BONDS, TO PROVIDE FOR DISTRIBUTION OF THE PAYMENTS, AND TO PROVIDE THAT PROJECTS MAKING PAYMENTS IN LIEU OF TAXES ARE CONSIDERED EXEMPT PROPERTY FOR PURPOSES OF DETERMINING BONDED INDEBTEDNESS LIMITS AND THE INDEX OF TAXPAYING ABILITY.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration:
H. 2943 -- Rep. Kirsh: A BILL TO AMEND TITLE 39 CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRADE AND COMMERCE, BY ADDING CHAPTER 61 SO AS TO REQUIRE AN OUT-OF-STATE PRINCIPAL TO PAY COMMISSIONS OWED TO A SALES REPRESENTATIVE WITHIN A CERTAIN PERIOD AFTER A CONTRACT BETWEEN THEM IS TERMINATED, PROVIDE FOR CERTAIN PUNITIVE DAMAGES AND ATTORNEY'S FEES IF POST-TERMINATION COMMISSIONS ARE NOT PAID IN A TIMELY MANNER, PROVIDE FOR ATTORNEY'S FEES TO BE AWARDED AGAINST PERSONS BRINGING FRIVOLOUS ACTIONS, PROVIDE FOR PERSONAL JURISDICTION OVER CERTAIN NONRESIDENT PRINCIPALS, AND PROVIDE THAT ANY AGREEMENTS WHICH WAIVE ANY OF THE REQUIREMENTS OF THIS CHAPTER ARE VOID.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3068 -- Rep. Hayes: A BILL TO AMEND SECTION 20-7-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAKING OF A CHILD INTO EMERGENCY PROTECTIVE CUSTODY BY A LOCAL CHILD PROTECTIVE SERVICE AGENCY, SO AS TO REVISE THE TIME WITHIN WHICH A PRETRIAL HEARING THEREON MUST BE HELD AND TO PROVIDE THAT AT THE PRETRIAL HEARING THE RESPONDENTS SHALL HAVE THE RIGHT TO CROSS-EXAMINE THE AGENCY'S WITNESSES AS TO ANY FACTS WHICH ARE ALLEGED TO FORM THE BASIS OF THE REMOVAL, BUT ARE ONLY ALLOWED TO SUBMIT EVIDENCE AND OFFER TESTIMONY AS TO WHETHER THE CHILD CAN BE ADEQUATELY PROTECTED WHILE REMAINING IN THE HOME.
Rep. HAYES proposed the following Amendment No. 1 (Doc. No. 3330J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-610(D) of the 1976 Code is amended to read:
"(D) The local child protective service agency shall, upon such the notification, commence shall begin a child protective investigation, immediate attention to the protection of other children in the home, or other setting where the child was found. The agency shall then shall initiate a removal proceeding pursuant to Section 20-7-736 on or before the next working day in the appropriate Family Court family court. Upon a determination by the agency before the pretrial hearing that the basis of the report of abuse or neglect is unfounded, the agency may return temporary physical custody of the child to the parents or guardian, after consultation with the circuit solicitor, retaining legal custody pending the pretrial hearing. The Family Court family court shall schedule a pretrial hearing pursuant to the provisions of Section 20-7-736 to be held within ten days of the initiation of the proceedings, unless the tenth day falls upon a Saturday, Sunday, or holiday, in which case the pretrial hearing must be held no later than the next working day. If there is no term of court in the county when the pretrial hearing must be held, the hearing must be held in another county in the circuit. If there is no term of family court in another county in the circuit, then the pretrial hearing must be heard in another court in an adjoining circuit. At the pretrial hearing, the Court family court shall undertake to fulfill the requirements of Section 20-7-110 and shall consider such matters as will promote a fair and expeditious trail, including conduct a prima facie review of any emergency action taken or initiated in behalf of the child. At the pretrial hearing, the respondents have the right to submit affidavits as to any facts which are alleged to form the basis of the removal and to cross-examine the agency's witnesses as to whether there existed probable cause to effect emergency removal. The hearing to determine whether removal of custody is needed, pursuant to Section 20-7-736, shall must be held within thirty forty days of the date of receipt of the removal petition."
SECTION 2. Section 20-7-610(G) of the 1976 Code is deleted.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3405 -- Rep. Baker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-1250, SO AS TO ALLOW A STATE CORPORATE INCOME TAX CREDIT FOR CORPORATE CONTRIBUTIONS FOR INFRASTRUCTURE CONSTRUCTION OR IMPROVEMENT, TO LIMIT THE CREDIT TO FIFTY PERCENT OF THE EXPENSES, NOT TO EXCEED FIFTEEN THOUSAND DOLLARS, TO ALLOW A THREE-YEAR CARRY FORWARD OF UNUSED CREDIT, AND TO DEFINE INFRASTRUCTURE AS SEWER LINES, WATER LINES, RELATED FACILITIES, AND ROADS NOT FOR THE TAXPAYER'S EXCLUSIVE BENEFIT, BUILT TO APPROPRIATE STANDARDS, AND DEDICATED TO PUBLIC USE.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3695 -- Reps. T.M. Burriss, Carnell, H. Brown, Edwards, P. Harris, Lewis, McLellan, Winstead, T. Rogers and Klapman: A BILL TO AMEND SECTION 37-1-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCLUSIONS FROM THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO FURTHER PROVIDE FOR THE EXCLUSIONS RELATED TO PAWNBROKERS, AND TO AMEND CHAPTER 39, TITLE 40, RELATING TO PAWNBROKERS, SO AS TO REVISE THE MANNER IN WHICH PAWNBROKERS ARE REGULATED, LICENSED, AND REQUIRED TO DO BUSINESS, TO PROVIDE THAT PERSONS PLEDGING GOODS WITH PAWNBROKERS HAVE A CAUSE OF ACTION AGAINST THE PAWNBROKER FOR THE VIOLATION OF CERTAIN PROVISIONS OF THIS CHAPTER, AND TO PROVIDE CERTAIN CIVIL AND CRIMINAL PENALTIES FOR VIOLATIONS OF THIS CHAPTER.
Rep. T.M. BURRISS made the Point of Order that the Senate Amendments were improperly before the House for consideration since printed copies of the Senate Amendments have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following was received.
Columbia, S.C., April 20, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of H. 3338:
H. 3338 -- Rep. Fair: A BILL TO AMEND SECTION 61-13-875, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SALE OF BEER, WINE, OR ALCOHOLIC LIQUOR FOR ON-PREMISES CONSUMPTION ON A TWO OR MORE FOR THE PRICE OF ONE BASIS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO PERSONS WHO HOLD LICENSES AND PERMANENT PERMITS TO SELL THE BEVERAGES, TO PROHIBIT DISPENSING THE BEVERAGES FOR FREE, AND TO PROHIBIT SALE OF THE BEVERAGES AT LESS THAN THE REGULAR PRICE EXCEPT FROM FOUR O'CLOCK P.M. UNTIL EIGHT O'CLOCK P.M.
Very respectfully,
President
No. 5
On motion of Rep. FAIR, the Bill was ordered returned to the Senate.
The following was received.
Columbia, S.C., April 20, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of: S. 379
S. 379 -- Senators Lourie, Doar and McLeod: A BILL TO AMEND SECTION 1-13-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO CHANGE THE DEFINITION OF "AGE"; TO AMEND SECTION 1-13-80, RELATING TO UNLAWFUL EMPLOYMENT PRACTICES AND EXCEPTIONS UNDER THE "SOUTH CAROLINA HUMAN AFFAIRS LAW", SO AS TO, AMONG OTHER THINGS, MAKE CHANGES WITH RESPECT TO AGE LEVELS DEALING WITH COMPULSORY RETIREMENT AND RELATED MATTERS, PROVIDE THAT IT IS NOT UNLAWFUL FOR AN EMPLOYER WHICH IS A GOVERNMENTAL ENTITY TO FAIL OR REFUSE TO HIRE OR TO DISCHARGE ANY INDIVIDUAL BECAUSE OF THE INDIVIDUAL'S AGE IF THE ACTION IS TAKEN WITH RESPECT TO THE EMPLOYMENT OF AN INDIVIDUAL AS A FIREFIGHTER OR AS A LAW ENFORCEMENT OFFICER AND THE INDIVIDUAL HAS ATTAINED THE AGE OF HIRING OR RETIREMENT IN EFFECT UNDER APPLICABLE LAW ON MARCH 3, 1983, AND PURSUANT TO A BONA FIDE HIRING OR RETIREMENT PLAN THAT IS NOT A SUBTERFUGE TO EVADE THE PURPOSES OF CHAPTER 13 OF TITLE 1, AND PROVIDE THAT NOTHING IN CHAPTER 13 OF TITLE 1 RELATING TO AGE DISCRIMINATION IN EMPLOYMENT MAY BE CONSTRUED TO PROHIBIT COMPULSORY RETIREMENT OF ANY EMPLOYEE WHO HAS ATTAINED SEVENTY YEARS OF AGE AND WHO IS SERVING UNDER A CONTRACT OF UNLIMITED TENURE (OR SIMILAR ARRANGEMENT PROVIDING FOR UNLIMITED TENURE) AT AN INSTITUTION OF HIGHER EDUCATION, INCLUDING PROVIDING FOR THE REPEAL OF THIS PROVISION ON DECEMBER 31, 1993; AND TO AMEND SECTIONS 9-8-40 AND 9-8-60, RELATING TO THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, SO AS TO DELETE REFERENCES TO THE ATTAINING OF AGE SEVENTY-TWO.
Very respectfully,
President
No. 4
On motion of Rep. WILKINS, the Bill was ordered returned to the Senate.
The following Concurrent Resolution was taken up.
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.
Whereas, the Sixteenth Amendment to the Constitution of the United States, as evidenced by the history of its adoption, was not intended by its framers, proponents, or the ratifying states to permit taxation by the federal government of interest income on the obligations of the states or their political subdivisions; and
Whereas, the Congress of the United States has of late enacted legislation which operates to tax or restrict the obligations and the income on the income and proceeds; has enacted retroactive tax legislation; and has enacted legislation which limits the deductibility for federal income tax purposes of taxes paid under state laws and interest on amounts borrowed by financial institutions to purchase or carry these obligations, all to the manifest detriment of the states and their economies. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That Congress is memorialized to propose an amendment to Article XVI of the Constitution of the United States of America by adding at the end:
The right of states, their political subdivisions or authorized authorities to issue general or special obligations for public purposes as declared by them, free from taxation directly or indirectly, shall not be denied by the United States.
Congress shall make no laws; to provide for the collection of income taxes retroactively; to infringe the right of the states to finance for public purposes established by them; to tax 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; to tax the proceeds of or income on these proceeds; to exclude 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.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, to each member of the South Carolina congressional delegation, to the Chairman of the Ways and Means Committee of the House of Representatives, and to the Chairman of the Finance Committee of the Senate of the United States.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. BLACKWELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4202 -- Rep. J. Harris: A CONCURRENT RESOLUTION CONGRATULATING MISS JENNIFER YOUNG, SENIOR AT CHERAW HIGH SCHOOL IN CHESTERFIELD COUNTY, UPON BEING SELECTED AS ONE OF THE STATE WINNERS IN HER GRADE CATEGORY IN THE NINETEENTH ANNUAL SOUTH CAROLINA BEAUTIFICATION POSTER CONTEST.
At 11:55 A.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.
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