Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God of infinite concern and mercy, we come in frustration and confusion over the violence we know, even as we try to respond with wisdom and justice. Guide us, O Lord of understanding, to correct all injustices. Replace our feeling of despair with determination, futility with faith, helplessness with hope. Bless our efforts as we seek a just response to the injuries within our Nation, our families and our lives. May the fruits of our efforts be a greater and lasting peace both within us and among us.
We pray to our Lord Who is immensely concerned about the welfare of all people.
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.
April 19, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 909)
House of Representatives
Dear Mrs. Shealy:
The South Carolina Tax Commission is hereby withdrawing the regulation pertaining to Sales Tax, effective this date. The regulation has been referred to the Ways and Means Committee.
Sincerely,
Robert J. Sheheen
Received as information.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
April 20, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 912)
House of Representatives
Dear Mrs. Shealy:
The Board of Examiners for Licensed Professional Counselors, Associate Counselors, and Marital and Family Therapists is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to Licensures, Fees, Supervisors and Examinations, effective this date. These regulations have been referred to the Medical, Military, Public and Municipal Affairs Committee.
Sincerely,
Robert J. Sheheen
Received as information.
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 concurs in the amendments proposed by the House to S. 958:
S. 958 -- Senators Saleeby, McConnell and Pope: A BILL TO AMEND SECTION 38-53-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING BAIL BONDSMEN AND RUNNERS, SO AS TO DELETE THE PROVISION THAT LOITERING IN OR ABOUT A MAGISTRATE'S OFFICE OR ANY PLACE WHERE PRISONERS ARE CONFINED IS PRIMA FACIE EVIDENCE OF SOLICITING, TO PROVIDE THAT JUDICIAL OFFICERS, LAW ENFORCEMENT OFFICERS, AND JAILERS HAVE FULL RESPONSIBILITY, POWER, AND AUTHORITY TO ENFORCE CERTAIN PROVISIONS OF SECTION 38-53-170, AND TO REQUIRE THAT ANY ACTION TAKEN PURSUANT TO CERTAIN PROVISIONS OF SECTION 38-53-170 RESULTING IN A CONVICTION, GUILTY PLEA, OR PLEA OF NOLO CONTENDERE MUST BE REPORTED TO THE CHIEF INSURANCE COMMISSIONER.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
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 has appointed Senators Garrison, Giese and Pope of the Committee of Conference on the part of the Senate on 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
No. 60
Received as information.
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 has appointed Senators Applegate, McConnell and Setzler of the Committee of Free Conference on the part of the Senate on S. 1100:
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Very respectfully,
President
No. 59
Received as information.
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 has adopted the report of the Committee of Free Conference on S. 1100:
S. 1100 -- Banking and Insurance Committee: A BILL TO AMEND ARTICLE 5, CHAPTER 75, TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WINDSTORM AND HAIL INSURANCE, BY ADDING SECTION 38-75-385 SO AS TO PROVIDE IMMUNITY FOR ANY PRIVATE INSURER WHO IS A MEMBER OF THE SOUTH CAROLINA WINDSTORM AND HAIL UNDERWRITING ASSOCIATION, AGENT, EMPLOYEE, ANY MEMBER OF THE BOARD OF DIRECTORS, OR THE COMMISSIONER OR HIS REPRESENTATIVES FOR ANY ACT OR OMISSION IN THE PERFORMANCE OF HIS POWERS OR DUTIES UNDER THE PROVISIONS OF THIS ARTICLE; AND TO AMEND SECTION 38-75-310, RELATING TO DEFINITIONS USED REGARDING WINDSTORM AND HAIL INSURANCE, SO AS TO REDEFINE "COASTAL AREA" AND EXTEND AREAS COVERED UNDER THE DEFINITION.
Very respectfully,
President
No. 33
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4021 -- Reps. Rudnick, Kirsh, Foster, G. Bailey and Jones: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-45 SO AS TO REQUIRE COUNTY PARTY CHAIRMEN TO DESIGNATE A PUBLIC PLACE AND STAFF IT DURING REGULAR HOURS DURING THE FILING PERIOD IN GENERAL ELECTION YEARS FOR THE RECEIPT FOR FILINGS AND TO REQUIRE THE CHAIRMAN TO NOTIFY THE PUBLIC OF THE DATES, TIME, AND PLACE WHERE CANDIDATES MAY FILE BY PLACING AN ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY TWO WEEKS BEFORE THE FILING PERIOD.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, Rep. McEACHIN, for the minority, submitted an unfavorable report, on:
H. 3915 -- Reps. M.O. Alexander, Kirsh, T.C. Alexander, Rice and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO NEGLIGENTLY OR RECKLESSLY USE A FIREARM OR ARCHERY TACKLE WHILE HUNTING AND TO PROVIDE PENALTIES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1159 -- Senators Fielding and McConnell: A BILL TO AMEND SECTION 6-7-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GRANTING POWER FOR ZONING TO MUNICIPALITIES AND COUNTIES, SO AS TO PROVIDE THAT THEY HAVE THE AUTHORITY TO PROVIDE FOR THE PRESERVATION AND PROTECTION OF TREES.
Ordered for consideration tomorrow.
The following was introduced:
H. 4204 -- Reps. Beasley and McLellan: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA ATTORNEY GENERAL, TOGETHER WITH THE CIRCUIT SOLICITORS, TO ASSUME THE RESPONSIBILITY FOR ENFORCING THE BINGO LAWS OF THIS STATE, AND TO REQUEST THE ATTORNEY GENERAL BY JANUARY 1, 1989, TO RECOMMEND TO THE GENERAL ASSEMBLY ANY CHANGES HE CONSIDERS NECESSARY IN THE BINGO LAWS OF THIS STATE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills were introduced, read the first time, and referred to appropriate committees:
S. 1371 -- Senator Nell W. Smith: A BILL TO AMEND SECTION 58-23-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURANCE OR BONDING REQUIREMENTS IN ORDER FOR MOTOR VEHICLE CARRIERS TO BE ISSUED A CERTIFICATE BY THE PUBLIC SERVICE COMMISSION, SO AS TO PERMIT A CARRIER TO FURNISH THE COMMISSION WITH A CERTIFICATE OF SELF-INSURANCE FOR THE PURPOSE OF MEETING THE REQUIREMENTS OF THIS SECTION.
Referred to Committee on Labor, Commerce and Industry.
S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Bailey, K. Barfield Baxley Beasley Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, M.D. Clyborne Cooper Cork Corning Dangerfield Davenport Day Faber Fair Ferguson Gentry Gilbert Gordon Harvin Haskins Hearn Hendricks Hodges Holt Johnson, J.C. Johnson, J.W. Jones Kirsh Klapman Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McGinnis McKay McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rudnick Sharpe Sheheen Simpson Taylor Thrailkill Waldrop Washington Wells Whipper White Wilder Wilkins
I came in after the roll call and was present for the Session on April 21, 1988.
Thomas E. Huff C.D. Chamblee T.M. Burriss Paul Derrick DeWitt Williams Dell Baker Jack Gregory Robert N. McLellan Derham Cole Steve Lanford T.W. Edwards Jean Harris Paul M. Burch Alva Humphries James C. Lockemy Robert W. Hayes, Jr. John J. Snow Timothy Rogers Daniel E. Winstead Pat Harris Robert O. Kay Ronald P. Townsend Gene Stoddard Samuel R. Foster William S. McCain Robert A. Kohn Harriet Keyserling L. Edward Bennett John H. Burriss Dick Elliott C. Lenoir Sturkie John G. Felder
STATEMENTS OF ATTENDANCE
Rep. PHILIP T. BRADLEY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, April 19, 1988.
Rep. FOXWORTH 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, April 20, 1988.
The SPEAKER granted Rep. TUCKER a leave of absence for the day to attend the announcing of the opening of a new industry in Anderson - Drake Industries.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
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.
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.
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".
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
The following Joint Resolution was read the third time, passed and, 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.
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.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
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.
Rep. KLAPMAN moved to adjourn debate upon the Bill until Tuesday, April 26, which was adopted.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
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.
On motion of Rep. BLACKWELL, with unanimous consent, it was ordered that S. 1421 be read the third time tomorrow.
The following Bill was taken up.
S. 640 -- Senator Garrison: A BILL TO AMEND SECTION 59-30-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF THE STATE BOARD OF EDUCATION CONCERNING THE BASIC SKILLS ASSESSMENT PROGRAM, SO AS TO PROVIDE FOR THE SCHEDULE FOR TAKING THE EXIT EXAMINATION AND TO PROVIDE FOR A SPECIAL DIPLOMA FOR HANDICAPPED STUDENTS.
Rep. NESBITT explained the Bill.
Rep. AYDLETTE proposed the following Amendment No. 2, which was adopted.
Amend as and if amended, by inserting in the appropriate place the following:
"Provided, however that all school districts must comply with the current S.C. Dept. of Education guidelines concerning 'Learning Disabled' students and testing of these students."
Rep. AYDLETTE explained the amendment.
Rep. AYDLETTE, with unanimous consent, amended the amendment at the desk.
Rep. AYDLETTE continued speaking.
The amendment was then adopted.
Rep. TOWNSEND explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1191 -- Senators Land and Stilwell: A BILL TO AMEND SECTION 59-39-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACADEMIC REQUIREMENTS FOR PARTICIPATION IN INTERSCHOLASTIC ACTIVITIES IN GRADES NINE THROUGH TWELVE, SO AS TO EXTEND ELIGIBILITY TO A STUDENT PASSING FIVE ACADEMIC COURSES AND WHO MAINTAINED AN OVERALL PASSING AVERAGE FOR ALL COURSES TAKEN IN THE PRECEDING SEMESTER.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3121J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 59-39-160 of the 1976 Code is amended to read:
"Section 59-39-160. To participate in interscholastic activities, students in grades nine through twelve must achieve an overall passing average and either:
(1) have passed pass at least four academic courses, including each unit the student takes that is required for graduation, with an overall passing average in the preceding semester; or
(2) pass a total of five academic courses.
Students must satisfy these conditions in the semester preceding participation in the interscholastic activity, if the interscholastic activity occurs completely within one semester or in the semester preceding the first semester of participation in an interscholastic activity if the interscholastic activity occurs over two consecutive semesters and is under the jurisdiction of the South Carolina High School League.
Academic courses must be defined as are those courses of instruction for which credit toward high school graduation is given. These may be required or approved electives. All activities currently under the jurisdiction of the South Carolina High School League shall remain in effect. The monitoring of all other interscholastic activities is the responsibility of the local boards of trustees. Those students diagnosed as handicapped in accordance with the criteria established by the State Board of Education and satisfying the requirements of their Individual Education Plan (IEP) as required by Public Law 94-142 shall be are permitted to participate in interscholastic activities. Any A local school board of trustees in its discretion is authorized to may impose more stringent standards than those contained in this section for participation in interscholastic activities by students in grades nine through twelve."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McGINNIS 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. 1292 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADJUSTMENTS TO SOUTH CAROLINA TAXABLE INCOME, SO AS TO PROHIBIT AN EXCLUSION ATTRIBUTABLE TO A TAX FREE EXCHANGE OF REAL ESTATE UNLESS THE REAL ESTATE IS LOCATED IN THIS STATE.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3127J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 in its entirety and inserting:
/SECTION 2. This act takes effect on January 1, 1989./
Renumber sections to conform.
Amend title to conform.
Reps. McLELLAN and KIRSH proposed the following Amendment No. 2 (Doc. No. 3282J), which was adopted.
Amend the bill, as and if amended, by striking item (5) of Section 12-7-430(b) as contained in Section 1 and inserting:
/(5) No exclusion from gross income is permitted for South Carolina income tax purposes as permitted by Internal Revenue Code Section 1031 for the sale or exchange of real estate located in this State unless the real estate received in an exchange is located in this State./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. T. ROGERS moved that the House recur to the morning hour, which was agreed to.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3408 -- Reps. Blackwell, P. Harris and Waldrop: A BILL TO AMEND SECTION 31-3-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE STATE HOUSING AUTHORITY, SO AS TO AUTHORIZE THE AUTHORITY TO PROVIDE HOUSING ASSISTANCE TO THE BENEFICIARY CLASSES AND PERSONS OVER SIXTY-FIVE YEARS OF AGE OR INCAPABLE OF FULLY CARING FOR THEMSELVES.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, with amendments, on:
H. 3426 -- Rep. J. Brown: A BILL TO REQUIRE DEADBOLT LOCKS AND SECURITY CHAINS ON THE DOORS TO CERTAIN LEASED OR RENTED ROOMS, LODGINGS, AND ACCOMMODATIONS, TO MAKE THE VIOLATION OF THIS REQUIREMENT A MISDEMEANOR OFFENSE, TO PROVIDE PENALTIES, AND TO PROVIDE THAT EVERY INSTANCE IN WHICH THE REQUIRED DEADBOLT LOCK AND SECURITY CHAIN ARE NOT PROVIDED CONSTITUTES A SEPARATE OFFENSE FOR THE PURPOSES OF PROSECUTION AND CONVICTION.
Ordered for consideration tomorrow.
Rep. McBRIDE, from the Richland Delegation, submitted a favorable report, on:
S. 1418 -- Senators Lourie, Courson, Patterson and Giese: A BILL TO AMEND ACT 69 OF 1963, RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SIX TO SEVEN, TO CHANGE THE PROVISIONS FOR RECOMMENDING PERSONS FOR APPOINTMENT AND THE LENGTH OF THE TERMS OF MEMBERS, TO LIMIT THE NUMBER OF CONSECUTIVE TERMS WHICH A MEMBER MAY SERVE TO TWO, AND TO REQUIRE COPIES OF THE ANNUAL AUDIT TO BE FILED WITH THE RICHLAND COUNTY COUNCIL, THE COLUMBIA CITY COUNCIL, AND THE RICHLAND COUNTY CLERK OF COURT.
On motion of Rep. T.M. BURRISS, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 1418 -- Senators Lourie, Courson, Patterson and Giese: A BILL TO AMEND ACT 69 OF 1963, RELATING TO THE RICHLAND COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO INCREASE THE NUMBER OF MEMBERS FROM SIX TO SEVEN, TO CHANGE THE PROVISIONS FOR RECOMMENDING PERSONS FOR APPOINTMENT AND THE LENGTH OF THE TERMS OF MEMBERS, TO LIMIT THE NUMBER OF CONSECUTIVE TERMS WHICH A MEMBER MAY SERVE TO TWO, AND TO REQUIRE COPIES OF THE ANNUAL AUDIT TO BE FILED WITH THE RICHLAND COUNTY COUNCIL, THE COLUMBIA CITY COUNCIL, AND THE RICHLAND COUNTY CLERK OF COURT.
The Bill was read the second time and ordered to third reading.
On motion of Rep. T.M. BURRISS, with unanimous consent, it was ordered that S. 1418 be read the third time tomorrow.
The following Bill was taken up.
S. 1180 -- Senators Dennis, Lindsay, Holland, and Horace C. Smith: A BILL TO AMEND SECTION 9-1-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CLASSES OF EMPLOYEES AND MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT CLASS ONE SERVICE MAY BE CONVERTED TO CLASS TWO SERVICE AND TO PROVIDE A CONVERSION FORMULA; AND TO AMEND SECTIONS 9-1-1590 AND 9-11-90, AS AMENDED, RELATING TO THE RESTORATION OF BENEFICIARIES TO ACTIVE SERVICE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO MAKE OPTIONAL RATHER THAN MANDATORY THE LOSS OF THE ALLOWANCE OF THE REEMPLOYED BENEFICIARIES.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3152J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. T. ROGERS proposed the following Amendment No. 2 (Doc. No. 3396J), which was adopted.
Amend the bill, as and if amended, in Section 9-11-30(3), as contained in SECTION 3, page 3, by inserting after /elect/ on line 22 /to cease/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. T. ROGERS, with unanimous consent, it was ordered that S. 1180 be read the third time tomorrow.
The following Bill was taken up.
S. 1079 -- Senators Doar, McLeod and Lourie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-70 TO ARTICLE 1, CHAPTER 1, TITLE 9, SO AS TO PROVIDE FOR THE RETIREMENT SYSTEM TO DEVELOP AN OPTIONAL LONG TERM CARE INSURANCE PROGRAM.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3160J), which was adopted.
Amend the bill, as and if amended, Section 9-1-70, as contained in SECTION 1, page 1079-2, line 27, by striking /employee/ and inserting /member/ so that when amended the section reads:
/Section 9-1-70. The Retirement System shall develop an optional long term care insurance program for active and retired members of the system, and the member shall pay the full insurance premium./
Amend title to conform.
Rep. T. ROGERS 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. ROGERS, with unanimous consent, it was ordered that S. 1079 be read the third time tomorrow.
The following Bill was taken up.
S. 988 -- Senators Courson and Setzler: A BILL TO AMEND SECTION 8-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SICK LEAVE FOR STATE EMPLOYEES, SO AS TO REDEFINE "IMMEDIATE FAMILY" TO INCLUDE MOTHER, FATHER, AND A SPOUSE'S MOTHER AND FATHER.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3153J), which was adopted.
Amend the bill, as and if amended, the last paragraph of Section 8-11-40, as contained in SECTION 1, page 0988-2, line 32, after /father,/ by inserting /legal guardian, a spouse's legal guardian,/ so that when amended the paragraph reads:
/Employees earning sick leave as provided in this section may use not more than five days of sick leave annually to care for ill members of their immediate families. For purposes of this paragraph section, 'immediate family' means a spouse and, children, mother, father, a spouse's mother and father, legal guardian, a spouse's legal guardian, and grandchildren if the grandchild resides with the employee, and the employee is the primary caretaker of the grandchild./
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. T. ROGERS moved to adjourn debate upon the Bill until Tuesday, April 26, which was adopted.
The following Bill was taken up.
H. 4003 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1317, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF FEDERAL FUNDS TO ENFORCE SUPPORT OBLIGATIONS, SO AS TO PROVIDE FOR THE CERTIFICATION BY THE CHIEF FAMILY COURT JUDGE AND CLERK OF COURT OF THE USE OF EXCESS FUNDS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3161J), which was adopted.
Amend the bill, as and if amended, Section 20-7-1317, as contained in SECTION 1, line 11 of the section, by striking /the family court judge and/ so that when amended the section reads:
/Section 20-7-1317. Notwithstanding existing county funds allocated to the clerks of court, any federal funds earned by the clerks of court under a contract with the Department of Social Services pursuant to Title IV-D of the Social Security Act must first must be used by the family court section of the respective offices of the clerks of court to provide adequate staff and equipment to implement and operate the provisions of Section 20-7-1315. Thereafter Upon certification by the clerk of court, excess funds shall revert to the general fund of the county./
Amend title to conform.
Rep. T. ROGERS 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. ROGERS, with unanimous consent, it was ordered that H. 4003 be read the third time tomorrow.
The following Bill was taken up.
H. 4128 -- Reps. J. Bradley, Dangerfield and Whipper: 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 9 SO AS TO DESIGNATE A CERTAIN PORTION OF LONG POINT ROAD IN CHARLESTON COUNTY AS A SCENIC HIGHWAY BY ADDING ARTICLE 11 SO AS TO DESIGNATE A CERTAIN PORTION OF MATHIS FERRY ROAD IN CHARLESTON COUNTY AS A SCENIC HIGHWAY, TO PROHIBIT THE REMOVAL OF CERTAIN TREES LOCATED WITHIN THE HIGHWAY RIGHTS-OF-WAY OF THESE SCENIC HIGHWAYS, AND TO PROHIBIT ALL NEW OFF-PREMISES OUTDOOR ADVERTISING ON THE SCENIC HIGHWAYS.
Rep. AYDLETTE proposed the following Amendment No. 1, which was adopted.
Amend as and if amended by adding a new article and new section appropriately numbered:
Section ( ). Riverland Drive in Charleston County is designated a scenic highway to be known as the Riverland Drive Scenic Highway. The State Department of Highways and Public Transportation the Department of Archives and History, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation.
Section 57-23-510. Any new off-premises outdoor advertising is prohibited on the Riverland Drive Highway after the effective date of this article.
Section 57-23-520. No trees in excess of a six-inch caliper located within the highway right-of-way of this scenic highway may be removed without the permission of the Department of Highways and Public Transportation upon the recommendation of the governing council of the County of Charleston."
Rep. AYDLETTE explained the amendment.
The amendment was then adopted.
Rep. AYDLETTE proposed the following Amendment No. 2, which was adopted.
Amend as and if amended by adding a new article and new section appropriately numbered:
Section ( ). Ft. Johnson Road in Charleston County is designated a scenic highway to be known as the Ft. Johnson Road Scenic Highway. The State Department of Highways and Public Transportation, the Department of Archives and History, and the Department of Parks, Recreation and Tourism shall cooperate in the installation of appropriate markers and signs to implement the above designation.
Section ( ). Any new off-premises outdoor advertising is prohibited on the Ft. Johnson Road Scenic Highway after the effective date of this article.
Section ( ). No trees in excess of a six-inch caliper located within the highway right-of-way of this scenic highway may be removed without the permission of the Department of Highways and Public Transportation upon the recommendation of the governing council of the County of Charleston."
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. AYDLETTE, with unanimous consent, it was ordered that H. 4128 be read the third time tomorrow.
The SPEAKER granted Rep. L. PHILLIPS a temporary leave of absence to attend a Highway Commission meeting.
The following Bill was taken up.
H. 4081 -- Rep. Foxworth: A BILL TO AMEND SECTION 50-17-1620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, SO AS TO PROVIDE THAT A RESIDENT ASSISTING IN A BOAT A PERSON POSSESSING A PERMIT AND ASSOCIATED TAGS TO TAKE SHRIMP OVER BAIT IS NOT REQUIRED TO HAVE A PERMIT OR TAGS.
Rep. FOXWORTH asked unanimous consent to amend the Bill.
Rep. PETTIGREW objected.
Rep. FOXWORTH moved to adjourn debate upon the Bill until Tuesday, April 26, which was adopted.
The following Bill was taken up.
S. 1125 -- Senator Drummond: A BILL TO AMEND ARTICLE 21, CHAPTER 11, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRIVATELY-OWNED SHOOTING PRESERVES, SO AS TO CHANGE LICENSING, REGULATORY, AND PUNISHMENT PROVISIONS; AND TO AMEND ACT 446 OF 1980, RELATING TO HUNTING, FISHING, AND TRAPPING LICENSES, BY DELETING THE SECTION WHICH STATES THAT THE ACT DOES NOT APPLY TO LICENSED SHOOTING PRESERVES.
Rep. FOXWORTH explained the Bill.
Reps. O. PHILLIPS, BLANDING and KLAPMAN objected to the Bill.
Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, April 26, which was adopted.
S. 659 -- Senator Giese: A BILL TO AMEND SECTIONS 40-35-40, 40-35-50, 40-35-60, 40-35-70, 40-35-90, 40-35-110, AND 40-35-130, RELATING TO THE PROVISIONS OF LAW REGULATING NURSING HOME ADMINISTRATORS, SO AS TO MAKE CERTAIN CHANGES REGARDING THESE PROVISIONS, INCLUDING INCREASING THE MAXIMUM PENALTIES WHICH MAY BE IMPOSED FOR SERVING AS A NURSING HOME ADMINISTRATOR WITHOUT A LICENSE, REVAMPING THE PROVISIONS ON REVOCATION OR SUSPENSION OF LICENSES AND IMPOSITION OF OTHER DISCIPLINARY ACTION, PROVIDING FOR THE LAPSING OF A LICENSE AND FOR REINSTATEMENT, AND EXEMPTING CERTAIN FINES AND COSTS COLLECTED BY THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS PURSUANT TO SECTION 40-35-133 FROM THE REQUIREMENT OF BEING DEPOSITED IN THE GENERAL FUND; AND TO AMEND CHAPTER 35 OF TITLE 40, RELATING TO NURSING HOME ADMINISTRATORS, BY ADDING SECTIONS 40-35-105, SO AS TO REQUIRE A NURSING HOME ADMINISTRATOR TO POST A NOTICE SETTING FORTH THE MANNER IN WHICH COMPLAINTS MAY BE REPORTED TO THE BOARD, 40-35-131, SO AS TO PROVIDE FOR A PROCEDURE FOR HEARING CHARGES AGAINST A LICENSEE BY THE BOARD OR BY A HEARING OFFICER OR OFFICERS APPOINTED BY THE BOARD, 40-35-132, SO AS TO PROVIDE THAT, UPON A DETERMINATION BY THE BOARD THAT ONE OR MORE OF THE GROUNDS FOR REVOCATION OR SUSPENSION OF A LICENSE OR FOR OTHERWISE DISCIPLINING A LICENSEE EXIST IN ACCORDANCE WITH THE PROVISIONS OF SECTION 40-35-130, THE BOARD MAY TAKE ANY ONE OR MORE OF A NUMBER OF CERTAIN ACTIONS IN THE WAY OF SANCTIONS REGARDING THE LICENSE OR THE LICENSEE, INCLUDING THE IMPOSITION OF CERTAIN COSTS AND FINES, AND 40-35-133, SO AS TO PROVIDE THAT ALL COSTS AND FINES IMPOSED UNDER CERTAIN PROVISIONS OF SECTION 40-35-132 ARE DUE AND PAYABLE IMMEDIATELY UPON IMPOSITION, PROVIDE THAT INTEREST SHALL ACCRUE ON THE AMOUNT DUE FROM THE DATE IMPOSED UNTIL THE DATE IT IS PAID, REQUIRE THE BOARD TO REMIT ALL AMOUNTS RECEIVED BY WAY OF COSTS AND FINES AND BY WAY OF INTEREST TO THE STATE TREASURER TO BE DEPOSITED IN A SPECIAL FUND FROM WHICH THE BOARD MUST BE REIMBURSED FOR THE ADMINISTRATIVE COSTS OF EACH DISCIPLINARY PROCEEDING, AND PROVIDE THAT, AT ANY TIME THE SPECIAL FUND EXCEEDS TWENTY THOUSAND DOLLARS, ALL EXCESS FUNDS MUST BE REMITTED TO THE STATE'S GENERAL FUND.
Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, April 26, which was adopted.
S. 1181 -- Senators Peeler and Lee: A BILL TO AMEND CHAPTER 27, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR REFUNDS OF OR CREDITS ON GASOLINE AND OTHER MOTOR FUELS TAXES WHEN THE FUEL IS USED ON TRUCK EQUIPMENT FOR NONHIGHWAY PURPOSES.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, April 26, which was adopted.
S. 1277 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 4-9-30, AS AMENDED, AND 5-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTIES AND MUNICIPAL CORPORATIONS, SO AS TO EXEMPT FROM BUSINESS LICENSE TAXES ENTITIES AND THEIR SUBSIDIARIES AND AFFILIATES WHICH ARE EXEMPT FROM LICENSE TAX UNDER ANOTHER LAW AND TO LIMIT THE RIGHT TO LEVY A BUSINESS LICENSE TAX ON BUSINESSES ENGAGED IN MAKING LOANS SECURED BY REAL ESTATE.
The following Bill was taken up.
S. 1301 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 12-35-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETAIL SALES TAX LICENSES, SO AS TO REQUIRE THE OWNERS OF FLEA MARKETS TO INSURE THAT ALL PERSONS RENTING SPACE TO MAKE RETAIL SALES AT FLEA MARKETS ARE PROPERLY LICENSED PRIOR TO THEIR RENTING SPACE AND TO PROVIDE PENALTIES FOR CERTAIN VIOLATIONS.
Reps. McCAIN, WILDER, E.B. McLEOD and BENNETT objected to the Bill.
Rep. McLELLAN moved to adjourn debate upon the following Bill until Tuesday, April 26, which was adopted.
H. 3937 -- Rep. Wilkins: A BILL TO AMEND SECTION 44-53-588, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PROCEEDS FROM SALES OF FORFEITED ITEMS, SO AS TO REVISE THE MANNER IN WHICH THE PROCEEDS FROM THESE SALES ARE DIVIDED, TO DELETE LIMITATIONS ON HOW MUCH MONEY A LOCAL GOVERNING BODY OR LAW ENFORCEMENT AGENCY MAY RECEIVE FROM EACH FORFEITURE, AND TO PROVIDE THAT THE STATE'S SHARE OF THE PROCEEDS MUST BE PLACED IN THE STATE GENERAL FUND AND NOT ALLOCATED FOR CERTAIN SPECIFIC USES.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4079 -- Rep. Helmly: A JOINT RESOLUTION TO AMEND SECTION 40, PART I OF ACT 170 OF 1987, THE GENERAL APPROPRIATIONS ACT, RELATING TO APPROPRIATIONS FOR THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, SO AS TO ALLOW THE COMMISSION TO FUND THE NET COSTS OF CONTRACTS FOR ANY SPECIAL THIRD PARTY LIABILITY COLLECTION EFFORTS FROM FUNDS COLLECTED IN THAT EFFORT, INCLUDING FUNDS COLLECTED THAT WERE ORIGINALLY EXPENDED IN PRIOR FISCAL YEARS.
Rep. BLACKWELL explained the Joint Resolution.
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. BLACKWELL, with unanimous consent, it was ordered that H. 4079 be read the third time tomorrow.
Rep. L. MARTIN moved that the House recur to the morning hour, which was not agreed to.
Rep. KLAPMAN withdrew his objection to the following Bill.
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.
Rep. T.M. BURRISS withdrew his objection to the following Bill.
H. 2197 -- Reps. McEachin, McKay, R. Brown, Harvin, J.W. McLeod, Gilbert, Thrailkill, Pearce, Nettles, J. Harris, Lockemy, Neilson, J. Rogers, Keyserling, Altman, Elliott, Barfield, Foster, Baxley, Boan, Gordon, Ogburn, Blanding, Short, Kirsh, Hayes and Beasley: A BILL TO AMEND SECTION 59-119-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF CLEMSON UNIVERSITY, SO AS TO PROVIDE THAT OF THE SIX MEMBERS OF THE BOARD ELECTED BY THE GENERAL ASSEMBLY, ONE MUST BE ELECTED FROM EACH CONGRESSIONAL DISTRICT OF THIS STATE ON A PHASE-IN BASIS, AND TO PROVIDE THE PROCEDURES FOR ELECTING THESE MEMBERS AND THEIR TERMS OF OFFICE.
Rep. DAY withdrew his objection to the following Bill.
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.
Reps. E.B. McLEOD and BLANDING withdrew their objections to the following Bill.
H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: A BILL TO AMEND SECTION 6-7-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY OR COUNTY TO ADOPT SUBDIVISION REGULATIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF THE COUNTY TO CREATE SUBDIVISION DISTRICTS AND ADOPT SUBDIVISION REGULATIONS FOR A SPECIFIC DISTRICT.
Rep. LOCKEMY withdrew his objection to S. 1000 however, other objections remained upon the Bill.
Rep. M.D. BURRISS withdrew his objection to H. 3677 however, other objections remained upon the Bill.
Rep. STURKIE withdrew his objection to the following Bill.
H. 3940 -- Reps. McAbee, Gentry, Waldrop, Davenport and White: A BILL TO AMEND SECTION 6-7-1030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY OR COUNTY TO ADOPT SUBDIVISION REGULATIONS, SO AS TO AUTHORIZE THE GOVERNING BODY OF THE COUNTY TO CREATE SUBDIVISION DISTRICTS AND ADOPT SUBDIVISION REGULATIONS FOR A SPECIFIC DISTRICT.
The Senate Amendments to the following Bill were taken up for consideration.
H. 2591 -- Rep. Davenport: A BILL TO AMEND SECTIONS 1-23-120 AND 1-23-125, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO PROVIDE FOR COPIES OF REGULATIONS AND AMENDMENTS TO BE GIVEN TO MEMBERS OF THE STANDING COMMITTEES TO WHICH THEY ARE ASSIGNED AND TO REQUIRE A TWENTY-DAY PERIOD AFTER AMENDMENT AND RECEIPT OF THE AMENDMENT FOR CONSIDERATION BEFORE THE REGULATION TAKES EFFECT.
Rep. DAVENPORT proposed the following Amendment No. 1 (Doc. No. 3273J), which was adopted.
Amend the bill, as and if amended, page 4, beginning on line 24, by striking /Upon introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, additional days must be added to the days remaining on Upon (1) approval of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review and notification in writing of the approval of the joint resolution to the Speaker of the House of Representatives and the President of the Senate by the chairman of the standing committee or/ and inserting /Upon (1) introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review, additional days must be added to the days remaining or/.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. DAVENPORT proposed the following Amendment No. 2 (Doc. No. 3395J), which was adopted.
Amend the bill, as and if amended, in Section 1-23-120, as contained in Section 2, page 3, by striking the period on line 44 and inserting:
/but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110(b)./
Amend further, in Section 1-23-20, page 4, by inserting after the period on line 18 /If regulations are referred to a subcommittee and no subcommittee action occurs on the regulation within sixty days of receipt of the regulation by the appropriate legislative body, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting./
Amend further, in Section 1-23-125, as contained in Section 3, page 6, by striking line 45 and inserting:
/Lieutenant Governor. but any regulation not resubmitted within thirty days is considered permanently withdrawn;/
Amend title to conform.
Rep. DAVENPORT 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. 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 explained the Senate Amendments.
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. 3592 -- Rep. Stoddard: A BILL TO REPEAL SECTION 23-31-195, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPLICATION FOR AND ISSUANCE OF A PISTOL COLLECTOR'S LICENSE.
Rep. STODDARD explained the Senate Amendments.
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. 3585 -- Rep. J. Bradley: A BILL TO AMEND ARTICLE 33, CHAPTER 17, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES AND LIABILITIES FOR ACTIONS PERTAINING TO RAILROADS, BY ADDING SECTION 58-17-4095 SO AS TO PROHIBIT VEHICULAR TRESPASS ON RAILROAD RIGHTS-OF-WAY IN SOUTH CAROLINA.
Rep. WILKINS 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 Senate Amendments to the following Bill were taken up for consideration.
S. 1288 -- Senator Doar: A BILL TO AMEND SECTIONS 54-15-10 AND 54-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO DELETE THE REQUIREMENT THAT THEY BE APPOINTED IN FEBRUARY OF ODD-NUMBERED YEARS AND TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE PORT OF GEORGETOWN IS A MEMBER EX OFFICIO OF THE COMMISSIONERS OF PILOTAGE OF GEORGETOWN.
Rep. L. MARTIN 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 Senate Amendments to the following Bill were taken up for consideration.
H. 2450 -- Reps. Foster, Blackwell, Blanding, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Cork, Corning, Davenport, Day, Derrick, Elliott, Evatt, Fair, Gordon, P. Harris, Harvin, Hayes, Hearn, Hendricks, Huff, Koon, Lockemy, Mattos, McAbee, E.B. McLeod, T. Rogers, Toal, Winstead and Nesbitt: A BILL TO AMEND CHAPTER 63, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOCIAL WORKERS, SO AS TO CHANGE THE COMPOSITION OF THE BOARD OF SOCIAL WORKER REGISTRATION, MORE BROADLY DEFINE THE POWERS AND DUTIES OF THE BOARD, AND MORE STRINGENTLY REGULATE SOCIAL WORKERS, AND TO REPEAL SECTION 40-63-90 OF THE 1976 CODE RELATING TO THE AUTHORITY OF THE BOARD OF SOCIAL WORKERS REGISTRATION TO PROMULGATE REGULATIONS REQUIRING CONTINUING EDUCATION.
Rep. LOCKEMY explained the Senate Amendments.
Rep. DAY 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 Concurrent Resolution was taken up.
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.
Whereas, the disposition of solid waste is a burgeoning problem affecting counties and municipalities; and
Whereas, the traditional landfill method of solid waste disposition is rapidly becoming a less than desirable method of disposition; and
Whereas, all alternatives that directly or indirectly reduce the quantity of solid waste, including, but not limited to, converting waste to energy, conserving energy through waste recycling, new methods of packaging, and tax incentives need to be thoroughly explored to determine the feasibility of their application in this State; and
Whereas, the General Assembly concludes that it is in need of sound advice to develop a legislative program that effectively reduces the solid waste disposal dilemma. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
There is created a joint legislative study committee known as the Joint Legislative Study Committee to Study Alternatives to Landfill Disposition of Solid Waste. The committee consists of thirteen members, composed of three members appointed by the Speaker of the House, three members appointed by the President of the Senate, three members appointed by the Governor, including one appointed to represent manufacturing interests, and one appointed to represent the solid waste disposal industry and one appointed to represent his office, and four members appointed by the South Carolina Board of Health and Environmental Control, including one member appointed to represent county governments, one member appointed to represent municipalities, one member appointed to represent public interest groups, and one member to represent the Department of Health and Environmental Control. The appointments by the Speaker of the House shall include one member of the Ways and Means Committee, one member of the Agriculture and Natural Resources Committee, and one member of the House serving on the Joint Legislative Committee on Energy. The appointments by the President of the Senate shall include one member of the Finance Committee, one member of the Labor, Commerce and Industry Committee, and one member of the Senate serving on the Joint Legislative Committee on Energy. The members shall serve at the pleasure of their appointors with the usual mileage, per diem, and subsistence provided by law for members of boards, committees, and commissions. All expenses of the committee must be paid from approved accounts of both houses and from any grant funds which may be available through the Department of Health and Environmental Control.
Be it further resolved that the study committee shall undertake a study and analysis of:
(1) problems associated with landfill disposition of solid waste;
(2) all alternative methods of solid waste disposition that reduce or eliminate the need for landfill disposition, including but not limited to:
(a) use of waste to produce energy;
(b) recycling of waste products, especially products that provide energy conservation;
(c)forms of packaging, including biodegradable packaging;
(d) reduction of waste generated;
(e) tax and other financial incentives to promote disposition alternatives.
Be it further resolved that the Joint Legislative Committee to Study Alternatives to Landfill Disposition of Solid Waste shall make its final report and recommendations to the General Assembly no later than March 31, 1989, after which the committee is dissolved.
The House Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0088r).
Amend the resolution, as and if amended, by striking all after the resolving words on page two and inserting:
There is created a Task Force known as the Legislative Task Force to Study Alternatives to Landfill Disposition of Solid Waste. The task force consists of thirteen members, composed of three members appointed by the Speaker of the House, three members appointed by the President of the Senate, three members appointed by the Governor, including one appointed to represent paper manufacturing interests, and one appointed to represent the solid waste disposal industry and one appointed to represent his office. Also, there shall be one member appointed by the South Carolina Association of Counties to represent county governments, one member appointed by the South Carolina Municipal Association to represent municipalities, the consumer advocate or his designee to represent public interest groups, and one member to represent the Department of Health and Environmental Control. The appointments by the Speaker of the House shall include one member of the Ways and Means Committee, one member of the Agriculture and Natural Resources Committee, and one member of the House serving on the Joint Legislative Committee on Energy. The appointments by the President of the Senate shall include one member of the Finance Committee, one member of the Labor, Commerce and Industry Committee, and one member of the Senate serving on the Joint Legislative Committee on Energy. The members shall serve at the pleasure of their appointors with the usual mileage, per diem, and subsistence provided by law for members of boards, committees, and commissions. All expenses of the Task Force must be paid from approved accounts of both Houses and from any grant funds which may be available through the Department of Health and Environmental Control.
Be it further resolved that the Task Force shall undertake a study and analysis of:
(1) problems associated with landfill disposition of solid waste;
(2) all alternative methods of solid waste disposition that reduce or eliminate the need for landfill disposition, including but not limited to:
(a) use of waste to produce energy;
(b) recycling of waste products, especially products that provide energy conservation;
(c) forms of packaging, including biodegradable packaging;
(d) reduction of waste generated;
(e) tax and other financial incentives to promote disposition alternatives.
Be it further resolved that the Legislative Task Force to Study Alternatives to Landfill Disposition of Solid Waste shall make its final report and recommendations to the General Assembly no later than March 31, 1989, after which the Task Force is dissolved.
Amend title to conform.
Rep. STURKIE moved to adjourn debate upon the amendment, which was adopted.
Reps. KEYSERLING and STURKIE proposed the following Amendment No. 2 (Doc. No. 0096r), which was adopted.
Amend the bill, as and if amended, by striking Paragraph 1, on Page 2, after the resolving words and inserting:
There is created a Task Force known as The Legislative Task Force to Study Alternatives to Landfill Disposition of Solid Waste. The Task Force consists of seventeen members, composed of five members appointed by the Speaker of the House, five members appointed by the President of the Senate, three members appointed by the Governor, including one appointed to represent paper manufacturing interests, and one appointed to represent the solid waste disposal industry and one appointed to represent his office. Also, there shall be one member appointed by the South Carolina Association of Counties to represent County Governments, one member appointed by the South Carolina Municipal Association to represent municipalities, the Consumer Advocate or his designee to represent public interest groups, one member to represent the Department of Health and Environmental Control, and four members at large from the general public, two to be chosen by the Speaker of the House of Representatives and two to be appointed by the President of the Senate. The other appointments by the Speaker of the House shall include one member of the Ways and Means Committee, one member of the Agriculture and Natural Resources Committee, and one member of the House serving on the Joint Legislative Committee on Energy. The other appointments by the President of the Senate shall include one member of the Finance Committee, one member of the Labor, Commerce and Industry Committee, and one member of the Senate serving on the Joint Legislative Committee on Energy. The members shall serve at the pleasure of their appointors with the usual mileage, per diem, and subsistence provided by law for members of boards, committees, and commissions. All expenses of the Task Force must be paid from approved accounts of both Houses and from any grant funds which may be available through the Department of Health and Environmental Control.
Amend title to conform.
Rep. STURKIE explained the amendment.
The amendment was then adopted.
Debate was resumed on Amendment No. 1 by the Committee on Agriculture and Natural Resources.
Rep. STURKIE explained the amendment.
Rep. STURKIE moved to table the amendment, which was agreed to.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The SPEAKER granted Rep. McLELLAN a leave of absence for the remainder of the day.
Rep. Haskins moved to recall S. 660 from the Education and Public Works Committee.
As a first substitute, Rep. TOWNSEND moved to dispense with the balance of the Motion Period.
Rep. J. BRADLEY raised the Point of Order that the motion to dispense with the balance of the motion period was out of order as Rep. TOWNSEND was not in his seat at the time he made the motion.
The SPEAKER sustained the Point of Order and ruled the motion out of order.
As a first substitute motion, Rep. TOWNSEND moved to dispense with the balance of the Motion Period.
As a second substitute, Rep. McEACHIN moved to recall H. 3354 from the Ways and Means Committee.
Rep. HASKINS moved to table the motion, which was agreed to by a division vote of 56 to 12.
As a second substitute, Rep. HASKINS moved to recall H. 4180 from the Education and Public Works Committee.
Rep. TAYLOR moved to table the motion, which was rejected by a division vote of 34 to 48.
Rep. TAYLOR moved that the House do now adjourn.
Rep. PETTIGREW demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Blanding Brown, J. Burch Dangerfield Faber Kay Lewis McAbee McBride McGinnis Phillips, L. Rhoad Rogers, T. Sheheen Snow Taylor Townsend Waldrop Whipper
Those who voted in the negative are:
Alexander, T.C. Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Bradley, J. Brown, G. Brown, H. Brown, R. Burriss, M.D. Burriss, T.M. Chamblee Clyborne Cole Cooper Cork Corning Davenport Day Derrick Elliott Fair Ferguson Foster Foxworth Gentry Gilbert Gordon Gregory Harris, J. Harris, P. Haskins Hayes Hearn Hodges Holt Huff Humphries Johnson, J.C. Keyserling Kirsh Klapman Kohn Lanford Limehouse Lockemy Mappus Martin, D. Martin, L. McCain McEachin McTeer Moss Neilson Nesbitt Pettigrew Petty Phillips, O. Rudnick Sharpe Simpson Sturkie Thrailkill Wells Wilder Wilkins Winstead
So, the House refused to adjourn.
The question then recurred to the motion to recall H. 4180 from the Education and Public Works Committee.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, G. Baker Barfield Baxley Bennett Blackwell Bradley, J. Bradley, P. Brown, H. Burch Burriss, M.D. Burriss, T.M. Clyborne Cole Cooper Cork Corning Dangerfield Davenport Day Derrick Fair Foxworth Gordon Haskins Hearn Holt Huff Humphries Kohn Lanford Limehouse Lockemy Mappus Martin, L. Mattos McEachin Moss Neilson Pettigrew Petty Phillips, O. Rhoad Rice Sharpe Simpson Sturkie Thrailkill Wells Wilder Wilkins Winstead
Those who voted in the negative are:
Altman Bailey, K. Beasley Blanding Brown, G. Brown, J. Brown, R. Chamblee Faber Ferguson Foster Gentry Gilbert Gregory Harris, J. Harris, P. Hayes Hodges Johnson, J.C. Kay Keyserling Kirsh Klapman Lewis Martin, D. McBride McGinnis McTeer Nesbitt Pearce Phillips, L. Rogers, T. Rudnick Sheheen Snow Taylor Townsend Waldrop Washington Whipper
So, the motion to recall H. 4180 was agreed to.
Rep. LOCKEMY moved that the House recur to the morning hour.
As a first substitute, Rep. McEACHIN moved to recall H. 3103 from the Ways and Means Committee.
As a second substitute, Rep. FERGUSON moved to recall H. 3886 from the Ways and Means Committee.
Rep. L. MARTIN inquired whether the motion to recur to the morning hour was the third motion and should be voted on.
The SPEAKER stated that the previous motion was adopted, therefore all previous motions fell, and the motion to recur was the first motion.
Rep. LEWIS moved to table the motion to recall H. 3886 from the Ways and Means Committee and demanded the yeas and nays, which was not ordered.
The House refused to table the motion to recall H. 3886 from the Ways and Means Committee by a division vote of 16 to 46.
Rep. McTEER inquired whether the motion to recur to the morning hour could be made at any time, or whether it must take its place with other motions during the motion period.
The SPEAKER stated that it changed the order of business, therefore it was not a procedural motion in the sense of a motion to table, and therefore it must take its place with the other motions during the motion period.
The question then recurred to the motion to recall H. 3886 from the Ways and Means Committee.
Rep. CHAMBLEE demanded the yeas and nays, which were not ordered.
The House refused to recall H. 3886 from the Ways and Means Committee by a division vote of 33 to 41.
Further proceedings were interrupted by expiration of time in the Motion Period, the pending question being the motion to recall H. 3103 from the Committee on Ways and Means.
Rep. HUFF moved that the House recur to the morning hour, which was agreed to by a division vote of 63 to 19.
Rep. KAY moved that the House do now adjourn.
Rep. O. PHILLIPS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the chair.
The following was received.
Columbia, S.C., April 21, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McLeod, Land and Leatherman of the Committee of Conference on the part of the Senate on 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
No. 61
Received as information.
Rep. J.C. JOHNSON moved that when the House adjourns it adjourn in honor of Rep. L. PHILLIPS' Birthday, which was agreed to.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3683 -- Rep. Fair: A BILL TO AMEND SECTIONS 56-1-1710, 56-5- 165, 56-5- 1555, 56-5-3720, 56-5-3740, AND 56-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION AND OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE TERM MOPED TO INCLUDE CYCLES WITHOUT PEDALS, INCREASE THE MAXIMUM MOTOR CAPACITY FROM ONE AND ONE-HALF TO TWO BRAKE HORSEPOWER, AND INCREASE THE MAXIMUM SPEED CAPABILITY FROM TWENTY-FIVE TO THIRTY MILES AN HOUR; TO AMEND SECTION 56-5-50, RELATING TO THE APPLICATION OF THE CODE PROVISIONS REGULATING TRAFFIC ON HIGHWAYS TO THE OPERATION OF MOPEDS, SO AS TO PROVIDE FOR THE REQUIREMENT TO WEAR A HELMET AND GOGGLES OR A FACE SHIELD TO APPLY; AND TO AMEND SECTION 56-5-3750, RELATING TO LABELING REQUIREMENTS FOR MOPEDS, SO AS TO PROVIDE FOR THE ATTACHMENT OF A METAL TAG TO THE VEHICLE IDENTIFYING IT AS A MOPED AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3739 -- Rep. Beasley: A BILL TO AMEND SECTIONS 56-1-740 AND 56-1-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUSPENSION OF LICENSES BECAUSE OF ACCUMULATION OF POINTS UNDER THE POINT SYSTEM, SO AS TO ESTABLISH PERIODS OF SUSPENSION BASED ON POINT ACCUMULATION AND TO PROVIDE THAT A PERSON WHO ACCUMULATES TWENTY OR MORE POINTS IS NOT ENTITLED TO A REVIEW OF HIS RECORD.
Ordered for consideration tomorrow.
Rep. L. PHILLIPS, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3742 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-221 SO AS TO PROVIDE FOR A MEDICAL ADVISORY BOARD TO ADVISE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION ON THE MENTAL AND PHYSICAL FITNESS OF PERSONS TO BE LICENSED TO OPERATE MOTOR VEHICLES.
Ordered for consideration tomorrow.
The Senate sent to the House the following:
S. 1440 -- Senator Lourie: A CONCURRENT RESOLUTION CONGRATULATING ALAN B. KAHN OF COLUMBIA AS RECIPIENT OF ISRAEL'S FORTIETH ANNIVERSARY AWARD.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4205 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1062, RELATING TO SPEECH PATHOLOGY AND AUDIOLOGY, FOR SECOND READING OR OTHER CONSIDERATION ON WEDNESDAY, APRIL 27, 1988, AT 3:30 P.M. AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1062 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1062 be set by special order for second reading or other consideration on Wednesday, April 27, 1988, at 3:30 p.m. and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 1062 is given second reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
Rep. DAVENPORT moved to table the Resolution.
Rep. HUFF demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Burriss, M.D. Cole Davenport Fair Gilbert Harvin Hayes Hearn Lanford Pettigrew Petty Rice Wells
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Aydlette Bailey, G. Baker Barfield Beasley Blackwell Boan Brown, H. Brown, R. Burch Burriss, T.M. Chamblee Clyborne Cooper Corning Dangerfield Day Elliott Foster Gentry Gregory Harris, P. Hendricks Hodges Holt Huff Humphries Johnson, J.W. Kay Keyserling Kirsh Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. McCain McEachin McGinnis McTeer Nesbitt Phillips, L. Phillips, O. Rogers, T. Rudnick Sharpe Sheheen Simpson Sturkie Thrailkill Townsend Wilder Wilkins Winstead
So, the House refused to table the Resolution.
The question then recurred to the adoption of the Resolution, which was agreed to.
The following was introduced:
H. 4206 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1140, RELATING TO JURIES, FOR SECOND READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING SECOND READING OR OTHER DISPOSITION OF S. 1062 AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 1140 UNTIL SECOND READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 1140 be set by special order for second reading or other consideration immediately following second reading or other disposition of S. 1062 and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 1140 is given second reading or it is otherwise disposed of.
The Resolution was adopted.
The following was introduced:
H. 4207 -- Reps. McKay, Nettles, McEachin, Beasley, Baxley, Neilson and Gilbert: A CONCURRENT RESOLUTION REQUESTING THE STATE BOARD FOR TECHNICAL AND COMPREHENSIVE EDUCATION TO NAME THE LEARNING RESOURCE CENTER AT FLORENCE-DARLINGTON TECHNICAL COLLEGE "THE FRED C. FORE LEARNING RESOURCE CENTER".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4208 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF L. GLENN HOLLEY OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1441 -- Senator Wilson: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE TIMOTHY WARREN MCDONALD, JR., OF SPRINGDALE IN LEXINGTON COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
Rep. ARTHUR moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The motion to adjourn was agreed to by a division vote of 63 to 22.
The Senate returned to the House with concurrence the following:
H. 4208 -- Aiken Delegation: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF L. GLENN HOLLEY OF AIKEN COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:01 P.M. the House in accordance with the motion of Rep. J.C. JOHNSON adjourned in honor of Rep. L. PHILLIPS' Birthday to meet at 10:00 A.M. tomorrow.
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