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 Lord our God, before Whom all deceit fades, all pretense fails, and all ill will falls, help us to walk in Your way as we use Your holy "Word as a lamp unto our feet, and a light unto our path". Forgive our foolish ways, the mistakes we make, the wrongs we do, the harsh criticism we direct toward those who disagree with us, and our slowness to see the good in others and the shortcomings in ourselves. Teach us to know we are what we are, that we have what we have, not because we deserve it, not because we have earned it, but because of Your goodness which has attended us throughout all our days.
Thank You, good Lord, that Your ears are open to our prayers.
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.
TO: The Clerk of the Senate The Clerk of the House
FROM: Thomas E. Smith, Jr.
Chairman, Judicial Screening Committee
DATE: May 4, 1988
In compliance with the provisions of Act 119 of 1975, it is respectfully requested that the following information be printed in the Journals of the Senate and the House.
Respectfully submitted,
Thomas E. Smith, Jr.
Chairman
/s/ Sen. Isadore E. Lourie
/s/ Sen. John A. Martin
/s/ Sen. Glenn F. McConnell
/s/ Rep. James M. Arthur
/s/ Rep. Larry E. Gentry
/s/ Rep. D. Malloy McEachin, Jr.
/s/ Rep. John I. Rogers, III
Pursuant to Act 119 of 1975, this Committee was convened to consider the qualifications of candidates seeking to fill a Judicial position.
The Judicial Screening Committee is charged by law to consider the qualifications of candidates for the Judiciary. When notice is received that an individual intends to seek election or reelection to the Bench, the Committee conducts such investigation of the candidate as it deems appropriate and reports its Findings to the General Assembly prior to the election. It is not the function of the Committee to recommend one candidate over another or to suggest to the individual legislator for whom to vote. Our role is instead that of determining whether a candidate is qualified to sit as a Judge and under the statute our determination in that regard is not binding upon the General Assembly.
There is a contested race for the Ninth Judicial Circuit. A brief summary of the background of each candidate is as follows:
Lee McAden Robinson (Charleston, South Carolina) She was born in Charlotte, North Carolina and is 40 years of age. She is married and has two children. She was graduated from Boston University in 1970 and earned a J.D. Degree from Antioch School of Law. She is a shareholder in Lee M. Robinson, P.A.
William L. Howard (Mt. Pleasant, South Carolina) He was born in Ann Arbor, Michigan and is 40 years of age. He is married and has two children. He was graduated from Dickinson College in 1970 and earned a J.D. Degree from the University of South Carolina School of Law. He is a shareholder in Belk, Howard, Cobb & Chandler, P.A.
Having completed the investigation as required by the Act, the Committee, by this Report, respectfully submits its Findings to the members of the General Assembly for their consideration.
Due to an Act signed by the Governor on May 2, 1988 (R534), the Transcript of the Proceedings before the Screening Committee in the Gressette Senate Office Building on March 21, 1988, and the portions of the documents submitted by the respective candidates which were made part of the public record will not be printed in the Journal. Each candidate filed an extensive Personal Data Questionnaire, a Statement of Economic Interests, five letters of reference including one from the candidate's banker, and the report of a background investigation by SLED. Those documents may be viewed in the office of Thomas E. Smith, Jr., Chairman, of the Judicial Screening Committee in 402 Gressette Building until the date and time of the election.
The Committee declares Lee McAden Robinson to be qualified as a candidate for the Ninth Judicial Circuit Judgeship.
Three witnesses filed complaints in connection with the candidacy of Charleston attorney William L. Howard for the Ninth Judicial Circuit Court bench.
The committee found the complaint raised by Mr. Frank Riccio without substantiation and it is thereby dismissed.
The only other complaint brought before the committee was from two of Mr. Howard's former law partners, Hans F. Paul and Grover Seaton, both of Charleston. They alleged that Mr. Howard secretly and without authorization used partnership funds from his former firm, Paul, Belk, Seaton and Howard, to underwrite the creation of his new firm, Belk and Howard, for an eight month period.
The facts are as follows:
The law firm of Paul, Belk, Seaton and Howard was formed on January 1, 1976. The firm operated until the end of October 1976 when Mr. Howard and Harry C. Belk decided they no longer wanted to be part of the four-man partnership.
On October 26, 1976, Mr. Howard and Mr. Belk established a new partnership by opening a checking account in the name of Belk and Howard. Mr. Belk deposited $500 into the account; Mr. Howard, $250. Mr. Belk and Mr. Howard did not move out of the offices of Paul, Belk, Seaton and Howard, nor was there a division of the files or assets of the four-man firm.
On November 1, 1976, Mr. Paul and Mr. Belk had a reconciliation. An accounting was done by Mr. Paul of the new firm's five days of operation. After all the expenses of Belk and Howard were deducted (including Mr. Howard's $250 start up deposit), the new firm had a net income of $1,852.54 for the five days of work. On November 4, 1976, a check for $1,852.54 was written to Paul, Belk, Seaton and Howard from the account of the Belk and Howard. The balance left in the account of Belk and Howard was Mr. Belk's start up deposit, less the cost of check printing. No activity was recorded in the account from November 4, 1976 to February 1977.
In early February 1977, Mr. Howard, still unhappy with the situation at the four-man law firm, rented some office space and asked Mr. Belk if he would like to reinitiate the partnership of Belk and Howard. Mr. Belk agreed. On February 23, 1977, a memorandum from Mr. Belk, distributed to the 3 other lawyers, stated that the partnership of Paul, Belk, Seaton and Howard would end officially on February 25, 1977.
During the weekend of February 26 and 27, 1977, Mr. Belk and Mr. Howard removed files and some office equipment from the offices of Paul, Belk, Seaton and Howard to take to their new offices at Carriage Lane. Two secretaries, who left the old firm to join Belk and Howard, helped with the move. Mr. Paul was also present and oversaw the removal of some files and typewriters.
In his testimony and affidavit, Mr. Paul stated he knew nothing of the new partnership until October 1977 when he found a bank statement under the name of Belk and Howard with a balance of $9,500. He specifically alleged that the Belk and Howard firm used partnership money belonging to Paul, Belk, Seaton and Howard to improperly pay rent and overhead for the new firm from February 1977 to October 1977 without the knowledge or authorization of him or Mr. Seaton. He did not claim Mr. Howard took any files belonging to him, nor has he requested an accounting from either Mr. Howard or Mr. Belk during the past eleven years.
Mr. Paul did not, and has not, produced any documentation to support his allegations. Despite numerous requests during the committee hearing for copies of payroll records, tax returns, cancelled checks, bookkeeping ledgers or bank statements to substantiate the allegations, none have been forthcoming.
In a March 25, 1988 letter to the committee, Mr. Paul said he was unable to complete a search of his files before leaving for France but that he was leaving his keys with Mr. Seaton to find and furnish the documents. Mr. Paul also wrote that he wanted to correct his testimony before the committee based on a June 1, 1977 letter referring to the dissolution of Paul, Belk, Seaton and Howard. Based on that letter, Mr. Paul wrote he now believes Mr. Howard and Mr. Belk left the four-man firm in April 1977.
Mr. Seaton testified that after being shown the Belk and Howard bank statement by Mr. Paul, he observed work going on at night in the offices of the new firm. Although his affidavit states that this transpired in October 1977, Mr. Seaton testified under questioning that he had "no independent memory of the exact date" and that it could be anytime between February 1977 and October 1977.
Mr. Howard denied there was any secret transactions and that Mr. Paul and Mr. Seaton knew he and Mr. Belk had moved out at the end of February 1977. To substantiate his contentions, Mr. Howard produced: bank records showing activity in the account of Belk and Howard beginning March 1977; Belk and Howard's 1977 tax return showing a March 1, 1977 commencement date; a real estate lease for the Carriage Lane office space showing a March 1, 1977 commencement date; Mr. Belk's February 23, 1977 memorandum stating the dissolution of the four-man firm and the announcement card mailed out by the new firm; the payroll records and testimony of bookkeeper/secretary Myrtle Hall who participated in the moving activities and testified she has worked for Belk and Howard since March 1977.
And as independent corroboration, Mr. Howard also produced a copy of the Southern Bell telephone book for 1977. The book shows a listing for Belk and Howard at a Carriage Lane address and a separate listing for Paul and Seaton at a Rivers Avenue address. Separate listings of the two firms are also displayed in the Yellow Pages, a paid listing. While the telephone book was for use after May 1, 1977, a notice on the inside cover states the book's listing were "corrected through February 23, 1977," indicating the deadline for submitting the listings for the two firms would have been prior to that date.
The allegations brought before the committee by Mr. Paul and Mr. Seaton -- that Mr. Howard, a candidate for the Circuit Court bench had, in essence, stolen money from their law firm over an eight month period -- are grave accusations. Neither lawyer has produced any documentation to substantiate these serious allegations despite assurances that the documents were forthcoming.
Because Mr. Paul and Mr. Seaton are either unable or unwilling to produce these documents, the committee can only conclude that the allegations made were incorrect and at a minimum recklessly made. The committee, therefore, will turn the information over to the Attorney General for his evaluation.
Therefore, the allegations made against Mr. Howard by Mr. Paul and Mr. Seaton are found to be unwarranted and dismissed by the committee.
The committee declares William L. Howard to be qualified as a candidate for the Ninth Judicial Circuit judgeship.
Respectfully submitted,
Thomas E. Smith, Jr., Chairman
/s/ Sen. Isadore E. Lourie
/s/ Sen. John A. Martin
/s/ Sen. Glenn F. McConnell
/s/ Rep. James M. Arthur
/s/ Rep. Larry E. Gentry
/s/ Rep. D. Malloy McEachin, Jr.
/s/ Rep. John I. Rogers, III
(On motion of Rep. McEACHIN ordered printed in the Journal.)
Received as information.
RULES AND REGULATIONS WITHDRAWN AND RESUBMITTED
The following was received.
May 3, 1988
The Honorable Lois T. Shealy
Clerk of the S.C. (Doc. No. 969)
House of Representatives
Dear Mrs. Shealy:
The South Carolina Wildlife and Marine Resources Department is hereby withdrawing and simultaneously resubmitting regulations with changes pertaining to the Sea Turtle Protection. These regulations have been referred to Agriculture and Natural Resources.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., May 3, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Thomas E. Smith, Jr., McConnell and Pope of the Committee of Conference on the part of the Senate on H. 2591:
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.
Very respectfully,
President
No. 64
Received as information.
The following was received.
Columbia, S.C., May 3, 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. 1246:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 3, 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. 988:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 708 -- Senator Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-149 SO AS TO ESTABLISH A NO WAKE ZONE ON THE CONGAREE RIVER SOUTH OF THE CITY OF COLUMBIA BETWEEN THE OLD GOVERNMENT LOCKS AND THE CITY OF CAYCE PUMPING STATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO ERECT SIGNS INFORMING THE BOATING PUBLIC OF THE NO WAKE ZONE.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 4086 -- Rep. Pearce: A BILL TO AMEND CHAPTER 2, TITLE 27, CODE OF LAWS OF SOUTH CAROLINA, 1976, THE "SOUTH CAROLINA COORDINATE ACT", SO AS TO ESTABLISH THE STATE AS ONE ZONE INSTEAD OF DIVIDING IT INTO A NORTH AND SOUTH ZONE AND TO MAKE ADJUSTMENTS IN THE COORDINATE SYSTEM, MAPPING, AND GEODETIC DATA DISSEMINATION.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1282 -- Senators Doar, Garrison and Horace C. Smith: A BILL TO AMEND SECTIONS 46-10-120 AND 46-10-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOLL WEEVIL ERADICATION, SO AS TO DELETE REQUIREMENTS FOR ADDITIONAL REFERENDA, TO PROVIDE FOR AN ASSESSMENT OF TEN DOLLARS AN ACRE FOR THE ERADICATION PROGRAM, AND TO PROVIDE FOR CHANGES IN THE ASSESSMENT AND THE DURATION OF THE PROGRAM.
Ordered for consideration tomorrow.
Rep. PEARCE, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 1281 -- Senators Long, Doar, Peeler, Waddell and Garrison: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 51 SO AS TO CREATE THE AQUACULTURE PERMIT ASSISTANCE OFFICE AND TO PROVIDE FOR ITS POWERS AND DUTIES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 683 -- Senators Lourie, Courson, Giese and Patterson: A BILL TO PROVIDE THAT THE GOVERNING BODY OF ANY RECREATION DISTRICT THAT HAS AUTHORITY TO ISSUE REVENUE BONDS IS AUTHORIZED TO ISSUE ADDITIONAL REVENUE BONDS UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 962 -- Senator Powell: A BILL TO AMEND SECTIONS 9-1-470 AND 9-1-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ELIGIBILITY OF MEMBERSHIP IN THE STATE RETIREMENT SYSTEM, SO AS TO PROVIDE THAT ANY NONPROFIT CORPORATION CREATED UNDER THE PROVISIONS OF CHAPTER 35 OF TITLE 33, FOR THE PURPOSES OF SUPPLYING WATER AND SEWER, IS ELIGIBLE FOR MEMBERSHIP IN THE SYSTEM AND PROVIDE THAT IF THE CORPORATION BECOMES A MEMBER OF THE SYSTEM, ITS EMPLOYEES SHALL JOIN THE SYSTEM AS A CONDITION OF EMPLOYMENT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1264 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SURPLUS PROPERTY MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 850, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1312 -- Finance Committee: A BILL TO AMEND SECTION 6-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE POLITICAL SUBDIVISIONS TO INVEST MONEY IN REPURCHASE AGREEMENTS WHEN COLLATERALIZED BY SECURITIES AS SET FORTH IN THIS SECTION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3833 -- Rep. Fair: A BILL TO AMEND SECTION 9-1-1850, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PURCHASES OF ADDITIONAL SERVICE CREDIT BY MEMBERS OF THE STATE RETIREMENT SYSTEM WITH AT LEAST TWENTY-FIVE YEARS' CREDITABLE SERVICE, SO AS TO PROVIDE AN ALTERNATIVE OPTIONAL METHOD UNDER WHICH THESE MEMBERS ARE AUTHORIZED TO PURCHASE ADDITIONAL SERVICE CREDIT, AND TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, RELATING TO THE POLICE OFFICERS' RETIREMENT SYSTEM, BY ADDING SECTION 9-11-65 SO AS TO MAKE THE ABOVE OPTION ALSO AVAILABLE TO MEMBERS OF THIS SYSTEM UNDER SPECIFIED CONDITIONS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4182 -- Reps. Hearn, T. Rogers, Humphries, J. Bradley, M.D. Burriss, Foxworth, Wilkins, Winstead and Dangerfield: A BILL TO AMEND SECTION 12-35-820, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE USE TAX, SO AS TO EXEMPT FROM THE TAX TANGIBLE PERSONAL PROPERTY AND EXHIBITION RENTALS PURCHASED FROM SOURCES OUTSIDE THIS STATE BY CHARITABLE, ELEEMOSYNARY, OR GOVERNMENTAL ORGANIZATIONS OPERATING MUSEUMS IF THE PROPERTY PURCHASED OR LEASES ENTERED INTO ARE DIRECTLY RELATED TO MUSEUM PURPOSES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 1013 -- Senators Bryan and Giese: A BILL TO AMEND SECTION 56-1-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATION FOR A MOTOR VEHICLE DRIVER'S LICENSE, SO AS TO INCREASE THE MONETARY PENALTY FROM A FINE OF NOT MORE THAN ONE HUNDRED DOLLARS TO A FINE OF NOT MORE THAN FIVE HUNDRED DOLLARS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H 4085 -- Rep. McAbee: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO CHEMICAL TESTS OF BREATH, BLOOD, AND URINE TO DETERMINE THE PRESENCE OF ALCOHOL OR DRUGS IN THE OPERATOR OF A MOTOR VEHICLE, SO AS TO PROVIDE THAT, IN ANY COUNTY THAT DOES NOT HAVE A LICENSED MEDICAL FACILITY, BLOOD AND URINE SAMPLES MAY BE TAKEN IN THE OFFICE OF ANY PHYSICIAN LICENSED BY THE STATE BOARD OF MEDICAL EXAMINERS, AND TO PROVIDE THAT THE PROCEDURES APPROVED BY THE STATE LAW ENFORCEMENT DIVISION FOR THE OBTAINING AND THE HANDLING OF BLOOD SAMPLES OR URINE SAMPLES MUST BE IN CONFORMITY WITH THE PROVISIONS OF THIS SECTION.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, Rep. HODGES, for the minority, submitted an unfavorable report, on:
H. 3941 -- Reps. Fair, Huff, Hayes and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO PROVIDE FOR A LIMITATION ON CAUSES OF ACTION AGAINST A LICENSED HEALTH CARE PROVIDER BASED ON A MEDICALLY DIAGNOSED CONGENITAL DEFECT OR BIRTH ABNORMALITY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4209 -- Reps. Fair and Wilkins: A BILL TO AMEND SECTION 16-15-385, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF DISSEMINATING MATERIAL HARMFUL TO MINORS, SO AS TO PROVIDE THAT A PERSON DOES NOT COMMIT THIS OFFENSE WHEN HE EMPLOYS A MINOR TO WORK IN A THEATER IF THE MINOR'S PARENT OR GUARDIAN CONSENTS TO THE EMPLOYMENT AND IF THE MINOR IS NOT ALLOWED TO WORK IN THE VIEWING AREA WHEN MATERIAL HARMFUL TO MINORS IS SHOWN, AND TO EXPAND THE DEFINITION OF "LIBRARY" IN THE AFFIRMATIVE DEFENSES TO THE OFFENSE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4126 -- Rep. Wilkins: A BILL TO AMEND SECTION 20-7-1330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS TO PROVIDE THAT AS A CONDITION OF PROBATION IT MAY FINE A CHILD IN AN AMOUNT NOT TO EXCEED TWO HUNDRED DOLLARS IN CASES WHICH WOULD BE TRIABLE IN MAGISTRATES' COURT IF THE VIOLATOR WERE AN ADULT WHEN COMMITMENT IS SUSPENDED, BUT NOT IN ADDITION TO COMMITMENT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3987 -- Reps. Huff, Hodges and McElveen: A JOINT RESOLUTION PROPOSING THE REPEAL OF SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE ALLOWANCE OF DIVORCES FROM THE BONDS OF MATRIMONY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1311 -- Senators Waddell, Lourie, Leatherman and Hayes: A BILL TO AMEND SECTION 34-11-60, 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.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1316 -- Senators Dennis and Nell W. Smith: A BILL TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO PROVIDE FOR AN EXEMPTION FOR ARCHEOLOGICAL RECORDS OF THE INSTITUTE OF ARCHEOLOGY AND ANTHROPOLOGY.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4159 -- Reps. Baker, Clyborne, Baxley, Gentry and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-25 SO AS TO EXTEND TO MAGISTRATES JURISDICTION TO CONDUCT SUPPLEMENTAL PROCEEDINGS TO ENFORCE JUDGMENTS OBTAINED IN MAGISTRATES' COURTS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 1344 -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 62-7-603 SO AS TO CODIFY THE COMMON LAW RULE PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN FIDUCIARY DECISIONS TO BENEFIT THEMSELVES, BY PROHIBITING FIDUCIARIES FROM MAKING OR PARTICIPATING IN DECISIONS TO EXERCISE GENERAL POWERS OF APPOINTMENT IN FAVOR OF THEMSELVES WHEN THERE ARE OTHER BENEFICIARIES, BY REQUIRING THAT ALLOCATIONS BETWEEN INCOME AND PRINCIPAL OF RECEIPTS AND EXPENSES IN-THEIR FAVOR BE MADE IN ACCORDANCE WITH THE REVISED UNIFORM PRINCIPAL AND INCOME ACT, AND BY PROVIDING THAT MERGER OF THE LEGAL AND EQUITABLE TITLES OF THE TRUST PROPERTY MAY NOT OCCUR UNLESS THE SOLE FIDUCIARY AND THE SOLE BENEFICIARY ARE IDENTICAL, AND TO REPEAL SECTION 21-11-5 RELATING TO CERTAIN POWERS OF FIDUCIARIES.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4000 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE, AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION OF CHILDREN.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 4042 -- Rep. Koon: A BILL TO AMEND SECTION 53-3-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA FAMILY OF THE YEAR AND THE COMMITTEE TO CHOOSE THE FAMILY OF THE YEAR, SO AS TO ADD TWO ADDITIONAL MEMBERS TO THIS COMMITTEE AND PROVIDE FOR THE MANNER OF THEIR APPOINTMENT.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H 4152 -- Rep. Altman: A BILL TO AMEND SECTION 6-11-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL PURPOSE DISTRICTS, SO AS TO ALLOW THE IMPOSITION OF AN ASSESSMENT FOR WATER RELATED CAPITAL IMPROVEMENTS, TO REQUIRE CONNECTION TO A WATER SYSTEM IN THE SAME MANNER AS A CONNECTION TO AN ABUTTING SEWER COLLECTOR LINE, AND TO PROVIDE THAT THE MAXIMUM FOOTAGE FOR WHICH A PARCEL MAY BE ASSESSED APPLIES TO RESIDENTIAL PROPERTY AND NOT TO COMMERCIAL OR INDUSTRIAL PROPERTY.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 854 -- Senator J. Verne Smith: A BILL TO AMEND SECTIONS 40-43-100, AS AMENDED, AND 40-43-60, 40-43-80, 40-43-90, 40-43-110, 40-43- 120, 40-43-135, 40-43-140, 40-43-150, 40-43-155, 40-43-160, 40-43-210, 40-43-240, 40-43-250, 40-43-280, 40-43-300, 40-43-330, 40-43-380, 40-43-410, AND 40-43-460, RELATING TO PHARMACISTS, SO AS TO CHANGE THE NAME OF THE BOARD OF PHARMACEUTICAL EXAMINERS TO THE BOARD OF PHARMACY, PROHIBIT THE BOARD FROM ISSUING A TEMPORARY LICENSE, PROVIDE FOR A RECIPROCAL LICENSE FEE, REQUIRE CONTINUING EDUCATION, CHANGE THE TERM "REGISTERED PHARMACIST" TO "LICENSED PHARMACIST", REQUIRE THE PHARMACIST TO KEEP A RECORD OF THE QUANTITY OF A POISONOUS SUBSTANCE SOLD AND CLEARLY LABEL POISONOUS SUBSTANCES DISPENSED "POISON", DELETE THE DRUG SULFONAMIDE, ABORTIFACIENT DRUGS, AND HORMONES SINCE THEY ARE NO LONGER USED, AND CHANGE THE REFERENCE TO PHARMACIES TO DRUG OUTLETS; TO AMEND THE 1976 CODE BY ADDING SECTION 40-43-235 SO AS TO REQUIRE A PHARMACIST OR ASSISTANT PHARMACIST TO NOTIFY THE BOARD OF ANY CHANGE OF ADDRESS; AND TO REPEAL SECTIONS 40-43-170, 40-43-220, 40-43-290, 40-43-310, 40-43-340, 40-43-350, 40-43-450, AND 40-43-470 RELATING TO LABELS FOR POISONS, DRUGS AND POISONS SOLD BY MERCHANTS, PAYMENT OF DRUG INSPECTORS, DISPOSITION OF FEES COLLECTED BY THE BOARD, THE ANNUAL REPORT OF PHARMACEUTICAL ASSOCIATIONS, THE TERMS "PHARMACIST", "DRUGGIST", AND "APOTHECARY" CONSTRUED INTERCHANGEABLY, PERMITS TO OPEN A NEW PHARMACY, AND EMPLOYEES' SALARIES.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 356 -- Senator Land: A BILL TO AMEND SECTION 40-36-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA OCCUPATIONAL THERAPY PRACTICE ACT, SO AS TO DEFINE OCCUPATIONAL THERAPY AIDE; TO AMEND SECTION 40-36-50, RELATING TO LIMITED PERMITS FOR THE PRACTICE OF OCCUPATIONAL THERAPY, SO AS TO DELETE THE PROVISIONS REQUIRING A LICENSED OCCUPATIONAL THERAPIST TO BE PRESENT ON THE PREMISES WHEN A PERSON IS PRACTICING UNDER A LIMITED PERMIT; TO AMEND SECTION 40-36-120, RELATING TO APPLICATIONS FOR LICENSES FOR THE PRACTICE, SO AS TO DELETE THE PROVISIONS REQUIRING AN OCCUPATIONAL THERAPY ASSISTANT'S PROGRAM TO BE APPROVED BY THE AMERICAN OCCUPATIONAL THERAPY ASSOCIATION, ALLOWING THE LICENSING OF A PRACTICING OCCUPATIONAL THERAPY ASSISTANT AS AN OCCUPATIONAL THERAPIST WITHOUT THE EDUCATIONAL REQUIREMENTS, AND REQUIRING THAT AN OCCUPATIONAL THERAPIST MUST NOT HAVE BEEN CONVICTED OF A CRIME INVOLVING MORAL TURPITUDE; AND TO AMEND SECTION 40-36-130, RELATING TO EXAMINATIONS OF PERSONS APPLYING FOR LICENSURE, SO AS TO DELETE THE PROVISIONS DETAILING REQUIREMENTS FOR EXAMINATION AND REEXAMINATION.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1081 -- Senator Thomas E. Smith, Jr.: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO PROMULGATE REGULATIONS WHICH PROVIDE OBJECTIVE GUIDELINES AS TO WHAT CONSTITUTES SUCCESSFUL COMPLETION OF THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM.
Ordered for consideration tomorrow.
Rep. WHITE, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 1327 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPHARD VENDING FACILITY PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 862, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
The following was introduced:
H. 4230 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO COMMEND COLONEL BILLY R. HENDERSON FOR HIS EXEMPLARY AND DISTINGUISHED MILITARY CAREER AS AN AIR FORCE OFFICER UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4231 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING MR. FRED BARNES, JR., OF CLARENDON COUNTY FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE NATIONAL BANK OF SOUTH CAROLINA, AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was taken up for immediate consideration:
H. 4232 -- Rep. McEachin: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO BOYS STATE TO USE THE SENATE AND HOUSE CHAMBERS ON FRIDAY, JUNE 10, 1988, FROM 11:30 A.M. TO 12:30 P.M.
Be it resolved by the House of Representatives, the Senate concurring:
That Palmetto Boys State may use the chambers of the Senate and the House of Representatives on Friday, June 10, 1988, from 11:30 A.M. to 12:30 P.M., for its annual State House meeting. If either House is in statewide session, the chamber of that House may not be used.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to Palmetto Boys State for the use of these chambers.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4233 -- Charleston Delegation: A CONCURRENT RESOLUTION CONGRATULATING DR. GEORGE G. DURST, SR., OF CHARLESTON COUNTY UPON BEING NAMED THE FAMILY PHYSICIAN OF THE YEAR BY THE SOUTH CAROLINA ACADEMY OF FAMILY PHYSICIANS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4234 -- Reps. Kirsh, G. Bailey and Klapman: A CONCURRENT RESOLUTION REOPENING THE FILING PERIOD FOR CANDIDATES SEEKING ELECTION TO BE THE SUCCESSOR TO THE HONORABLE LAWRENCE E. RICHTER, JR., JUDGE OF THE NINTH JUDICIAL CIRCUIT.
Five members objecting to immediate consideration the Resolution was ordered referred to the Committee on Judiciary.
The following was introduced:
S. 1481 -- Senators Moore, Shealy and Setzler: A CONCURRENT RESOLUTION TO CONGRATULATE THE GRANITEVILLE COMPANY IN AIKEN COUNTY ON RECEIVING ITS FIRST PLACE RANKING IN THE 1987 AMERICAN TEXTILE MANUFACTURERS INSTITUTE'S NATIONAL SAFETY CONTEST.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1482 -- Senators Courson, Setzler, Giese, Wilson, Lourie and Patterson: A CONCURRENT RESOLUTION TO CONGRATULATE MS. BARBARA RACKES OF COLUMBIA UPON BEING NAMED SOUTH CAROLINA'S SMALL BUSINESS PERSON OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1463 -- Senators Garrison, Stilwell, Lindsay, Waddell, Doar and McConnell: A CONCURRENT RESOLUTION REQUESTING THE STATE BOARD OF EDUCATION TO DEVELOP NUTRITIONAL POLICIES FOR FOODS AVAILABLE TO STUDENTS DURING THE SCHOOL DAY BASED ON THE APPROPRIATE DIETARY GUIDELINES AND URGING LOCAL SCHOOL DISTRICTS AND SCHOOL FOOD SERVICE PROGRAMS TO ADOPT THE POLICIES RECOMMENDED BY THE STATE BOARD.
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:
H. 4235 -- Rep. J. Bradley: A BILL TO AMEND SECTION 20-7-780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RECORDS CONCERNING JUVENILES AND CERTAIN REQUIRED CONFIDENTIALITY THEREOF, SO AS TO PROVIDE THAT THE FINGERPRINTS OF ANY CHILD AND HIS PHOTOGRAPH MAY BE TAKEN AT THE TIME HE IS TAKEN INTO CUSTODY BY A LAW ENFORCEMENT AGENCY FOR A VIOLATION OF LAW WHICH WOULD BE A CRIMINAL OFFENSE IF COMMITTED BY AN ADULT, AND TO PROVIDE THAT THESE FINGERPRINTS AND PHOTOGRAPHS TAKEN ARE SUBJECT TO THE SAME CONFIDENTIALITY PROVISIONS OF THIS SECTION.
Referred to Committee on Judiciary.
H. 4236 -- Rep. J. Bradley: A BILL TO AMEND SECTION 38-79-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO THE SOUTH CAROLINA MEDICAL MALPRACTICE LIABILITY JOINT UNDERWRITING ASSOCIATION, SO AS TO INCLUDE HOSPITAL DIRECTORS, OFFICERS, AND TRUSTEES WITHIN THE DEFINITION OF "LICENSED HEALTH CARE PROVIDERS".
Referred to Committee on Labor, Commerce and Industry.
H. 4237 -- Rep. Koon: A BILL TO TRANSFER A PORTION OF THE SALUDA COUNTY SCHOOL DISTRICT NO. 1 TO LEXINGTON COUNTY SCHOOL DISTRICT NO. 3 AND TO PROVIDE FOR THE ASSUMPTION OF INDEBTEDNESS RESULTING FROM THE TRANSFER.
Referred to Committee on Education and Public Works.
H. 4238 -- Reps. Hendricks, Simpson and L. Martin: A BILL TO AMEND ACT 609 OF 1984, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE PICKENS COUNTY SCHOOL DISTRICT, SO AS TO PROVIDE THAT A MEMBER OF THE BOARD MAY NOT RECEIVE HIS MONTHLY EXPENSE ALLOWANCE FOR ANY MONTH IN WHICH HE DOES NOT ATTEND AT LEAST FIFTY PERCENT OF THE MEETINGS OF THE BOARD HELD DURING THAT MONTH.
On motion of Rep. HENDRICKS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. HENDRICKS, with unanimous consent, it was ordered that H. 4238 be read the second and third times the next two successive legislative days.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Blackwell Blanding Boan Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cork Corning Dangerfield Davenport Day Edwards Elliott Faber Fair Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, J. Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie 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 May 4, 1988.
Paul Derrick Grady Brown Stephen Lanford Robert A. Kohn M.J. Cooper L. Edward Bennett J. Derham Cole John H. Burriss Denny W. Neilson John G. Felder Harriet Keyserling Larry E. Gentry Robert B. Brown Olin R. Phillips E. Crosby Lewis James E. Arthur Larry L. Koon Philip T. Bradley
LEAVE OF ABSENCE
The SPEAKER granted Rep. AYDLETTE a leave of absence for the day.
Rep. LOCKEMY 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 27, 1988.
Rep. FERGUSON 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, May 3, 1988.
Announcement was made that Dr. William J. Epperson of Irmo is the Doctor of the Day for the General Assembly.
The following Bill 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. 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.
Rep. KIRSH moved to adjourn debate upon the following Bill until Thursday, May 5, which was adopted.
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.
The following Joint Resolution was taken up, read the third time, and ordered sent to the Senate.
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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
S. 434 -- Education Committee: A BILL TO AMEND SECTION 59-5-65, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MINIMUM STANDARDS FOR STUDENT CONDUCT, ATTENDANCE, AND SCHOLASTIC ACHIEVEMENT, SO AS TO CHANGE THE REFERENCES TO THE COMPREHENSIVE TESTS OF BASIC SKILLS TO THE STATEWIDE TESTING PROGRAM TESTS MANDATED BY THE EDUCATION FINANCE ACT OF 1977 AND TO AUTHORIZE INSTEAD OF REQUIRE THAT STUDENTS SCORING ABOVE THE TWENTY-FIFTH PERCENTILE BE PLACED IN THAT PROGRAM OR THE BASIC SKILLS ASSESSMENT PROGRAM.
S. 1163 -- Senator Drummond: A BILL TO AMEND CHAPTERS 11 AND 17, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROTECTION OF GAME AND THE COASTAL FISHERIES LAWS, SO AS TO RESTRUCTURE THE CONTENTS OF THE CHAPTERS AND REARRANGE AND RECODIFY THE PROVISIONS OF LAW IN THIS STATE CONCERNING THE HUNTING, TRAPPING, AND PROTECTION OF ANIMALS AND GAME AND THE REGULATION OF COASTAL FISHERIES.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
H. 3456 -- Rep. McEachin: A BILL TO AMEND SECTION 50-21-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATIONS OF THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT AS TO THE CONSTRUCTION, EQUIPMENT, AND SAFETY STANDARDS OF BOATS, SO AS TO REQUIRE THE DIVISION TO PROMULGATE REGULATIONS WHICH REQUIRE THAT BOATS WITH INBOARD MOTORS OR INBOARD/OUTBOARD MOTORS ARE EQUIPPED WITH MUFFLERS IN GOOD WORKING ORDER OR WITH AN ACCEPTABLE SOUND RETARDING COVERING TO PREVENT EXCESSIVE, UNUSUAL, OR ANNOYING NOISE.
Rep. BOAN moved to adjourn debate upon the Bill until Thursday, May 5, which was adopted.
Rep. T.M. BURRISS moved to adjourn debate upon the following Bill until Thursday, May 5, which was adopted.
S. 890 -- Senator Mitchell: A BILL TO AMEND SECTION 38-77-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNINSURED AND UNDERINSURED AUTOMOBILE INSURANCE, SO AS TO PROVIDE THAT UNDERINSURED INSURANCE COVERAGE MAY BE LIMITED TO THE AMOUNT OF THE INSURED'S LIABILITY COVERAGE OR UP TO ONE HUNDRED THOUSAND DOLLARS, WHICHEVER IS THE LARGER COVERAGE.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, April 27, by Rep. DAVENPORT.
Rep. DAVENPORT moved to table the amendment, which was agreed to.
Rep. DAVENPORT proposed the following Amendment No. 2 (Doc. No. 3647J), which was adopted.
Amend the bill, as and if amended, by striking Section 40-23-20 beginning on page 4 and inserting:
/Section 40-23-20. There is created the South Carolina Environmental Certification Board of Certification for Environmental Systems Operators composed of thirteen fourteen members, all of whom shall be appointed by the Governor with advice from the following groups, agencies, or individuals:
(a) Four one shall be recommended by the membership of the South Carolina Water Pollution Control Association, who must hold an "A" wastewater certificate;
(b) one recommended by the membership of the South Carolina Section of the American Waterworks Association and who if certified as an operator must hold an "A" certificate;
(b)(c) One one shall be recommended by the Municipal Association of South Carolina;
(c)(d) Two two shall be recommended by the President of Clemson University who shall be members is a member of the faculty of the university engaged in waterworks and wastewater instruction;
(d)(e) One shall be one recommended by the South Carolina Land Resources Commission;
(e)(f) One one shall be recommended by the executive director of the South Carolina Board for Technical and Comprehensive Education to represent the agency;
(f)(g) Two two shall be recommended by the Commissioner of the South Carolina Department of Health and Environmental Control, one to represent the Bureau of Water Pollution Control and the Bureau of Water Supply and Special Programs, and one to represent the Bureau of Solid and Hazardous Waste Management;
(g)(h) One one shall be recommended by the South Carolina Well Drillers Association;
(h)(i) One one shall be recommended by the executive director of the South Carolina Water Resources Commission to represent the agency;
(j) one to represent the environmental organizations of the State to be appointed by the Governor;
(k) one recommended by the South Carolina Association of Counties who represents the solid waste interests;
(1) one at large to be appointed by the Governor.
The terms of the members shall be are for four years, not to exceed two terms, and until successors are appointed and qualify.
The Governor may reject any or all of the nominees found unacceptable. If the Governor declines to appoint any of the nominees, additional nominees shall must be submitted in the same manner. Vacancies shall must be filled in the manner as the original appointment for the unexpired portion of the term./
Amend further by adding after Section 1:
/SECTION 2. The members of the South Carolina Board of Certification for Environmental Systems Operators with the members to be added are now the members of the South Carolina Environmental Certification Board and shall serve until the expiration of their terms. Their successors must be appointed as provided by Section 40-23-20./
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT 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. DAVENPORT, with unanimous consent, it was ordered that H. 3769 be read the third time tomorrow.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3367J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) Wherever fees are charged in this State for any rooms, lodgings, or accommodations furnished to transients by any hotel, inn, tourist court, motel, or any other similar place in which rooms, lodgings, or accommodations are furnished to transients for a consideration, the rooms, lodgings, or accommodations so furnished must be equipped with (1) a lock system such as, but not limited to, a deadbolt or other state of the art security system which may be activated from the inside by the transient and which cannot be unlocked or removed from the outside except by an emergency key (E-key) or other management- controlled access plan, and (2) a device such as a security chain, bar lock, view ports, or any other device which allows sight outside the door without opening the door or by opening the door not more than three inches.
The provisions of this subsection do not apply to tourist camps or campgrounds or to residences of any nature.
(B) Whoever fails to comply with the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than three hundred dollars or by imprisonment for not more than sixty days or by both fine and imprisonment in the discretion of the court. Every instance in which the required security devices are not provided as required under items (1) and (2) of subsection (A) constitutes a separate offense under this section for the purposes of prosecution and conviction.
SECTION 2. This act takes effect one hundred eighty days after approval by the Governor./
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Reps. KIRSH, BLACKWELL and ALTMAN objected to the Bill.
The following Bill was taken up.
S. 1127 -- Senators Drummond and Thomas: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-1-85 SO AS TO PROVIDE THAT IT IS UNLAWFUL TO NEGLIGENTLY OR RECKLESSLY USE A FIREARM OR ARCHERY TACKLE WHILE HUNTING AND TO PROVIDE PENALTIES.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0095R), which was adopted.
Amend the bill, as and if amended, by striking number 3 of SECTION 1, Section 50-1-85 and inserting:
(3) in the case of bodily injury to another, fined not less than five hundred dollars nor more than two thousand, five hundred dollars or imprisoned for not more than two years; If the bodily injury results in disfigurement, total or partial permanent disability, be imprisoned for not less than sixty days nor more than two years.
Amend title to conform.
Rep. FOXWORTH explained the amendment.
The amendment was then adopted.
Rep. WILKINS proposed the following Amendment No. 2 (Doc. No. 3613J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 50-1-85. It is unlawful for any person to use a firearm or archery tackle while in preparation for, engaged in the act of, or returning from hunting in a criminally negligent manner. Criminal negligence is defined as the reckless disregard for the safety of others.
Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for not more than thirty days except if the violation results in personal injury or death, the penalty is a fine of fifteen hundred dollars, none of which may be suspended, or imprisonment for not more than six months.
In addition to the penalty prescribed above, upon receiving satisfactory evidence of the conviction, plea of guilty, nolo contendere, or forfeiture of bond of any person charged with violation of this section, the department shall revoke immediately the hunting privileges of the person for a period of two years in the event of a nonfatal accident and for a period of three years in the event of a fatal accident. The department shall notify the person in writing, by registered mail, return receipt requested, that his privileges have been suspended and the person shall return any hunting license in his name to the department within ten days.
The person may not obtain another hunting license until he has satisfactorily completed a hunter's safety program conducted by the department."
SECTION 2. This act takes effect January 1, 1989./
Amend title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Thursday, May 5, which was adopted.
The following Bill was taken up.
S. 1122 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON NIGHT HUNTING, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO HAVE BUCKSHOT OR ANY SHOT LARGER THAN NUMBER FOUR OR ANY RIFLE AMMUNITION OF A GREATER CALIBRE THAN TWENTY-TWO AND A WEAPON CAPABLE OF FIRING THE AMMUNITION IN POSSESSION OR HAVE IMMEDIATE ACCESS TO ANY OF THEM WHILE USING ARTIFICIAL LIGHTS HUNTING AT NIGHT, TO PROVIDE PENALTIES, AND TO DELETE A REFERENCE TO PRIMA FACIE.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0094R), which was adopted.
Amend the bill, as and if amended, by striking the first paragraph of Section 50-11-20 as contained in Section 1 and inserting:
"Section 50-11-20.
Night hunting in this State is unlawful except that raccoons, oppossums, foxes, mink and skunk may be hunted at night; however, they may not be hunted with artificial lights except when treed or cornered with dogs, or with buckshot or any shot larger than a number four, or any rifle ammunition of larger than a twenty-two Rimfire.
Amend title to conform.
Rep. FOXWORTH explained the amendment.
The amendment was then adopted.
Rep. FOXWORTH explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 982 -- Senator Powell: A BILL TO AMEND SECTION 12-37-220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL REAL PROPERTY OF PUBLIC LIBRARIES, CHURCHES, PARSONAGES, BURYING GROUNDS, AND CHARITABLE TRUSTS AND FOUNDATIONS USED EXCLUSIVELY FOR CHARITABLE AND PUBLIC PURPOSES NOT OTHERWISE EXEMPT IF NO PROFIT OR BENEFIT FROM ANY OPERATION ON THE REAL PROPERTY INURES TO THE BENEFIT OF ANY PRIVATE STOCKHOLDER OR INDIVIDUAL.
H. 4133 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO DESIGNATE SECTIONS 12-54-10 THROUGH 12-54-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS ARTICLE 1, 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 5, IN CHAPTER 54 OF TITLE 12, RELATING TO TAX ENFORCEMENT, SO AS TO PROVIDE FOR AUDITS BY SAMPLING PROCEDURES.
The following Bill was taken up.
S. 1147 -- Senators Waddell, Leatherman, Lourie and Hayes: A BILL TO AMEND SECTION 12-43-220, RELATING TO CLASSIFICATION OF PROPERTY FOR PURPOSES OF PROPERTY TAXATION AND THE APPLICABLE ASSESSMENT RATIOS, SO AS TO PROVIDE A FORMULA FOR DETERMINING FAIR MARKET VALUE FOR AGRICULTURAL PURPOSES FOR AGRICULTURAL REAL PROPERTY FOR TAX YEARS BEGINNING AFTER 1987 AND TO REQUIRE THE SOUTH CAROLINA TAX COMMISSION TO PROMULGATE REGULATIONS ESTABLISHING A CLASSIFICATION FOR TIMBER WETLANDS FOR PURPOSES OF PROPERTY TAXATION.
Rep. E.B. McLEOD proposed the following Amendment No. 1 (Doc. No. 3554J), which was tabled.
Amend the bill, as and if amended, by striking subitem (B) of Section 12-43-220(d)(2), as contained in Section 1, page 2, beginning on line 44 and inserting:
/(B) Reassessment of crop land following any adjustment in the formula determining fair market value for agricultural use of the cropland required pursuant to Regulation 117-126 of the South Carolina Tax Commission may not result in more than a one-third reduction in the fair market value for agricultural use of the crop land from its value in the taxable year prior to the year of reassessment./
Amend title to conform.
Rep. E.B. McLEOD explained the amendment.
Rep. KIRSH spoke against the amendment.
Rep. E.B. McLEOD spoke in favor of the amendment.
Rep. KIRSH spoke against the amendment and moved to table the amendment.
Rep. E.B. McLEOD demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 45 to 28.
Rep. E.B. McLEOD proposed the following Amendment No. 2 (Doc. No. 3587J), which was tabled.
Amend the bill, as and if amended, beginning on page 2, by striking subitem (B) of Section 12-43-220(d)(2) and inserting:
/(B) Reassessment of agricultural land shall not change the fair market value of any agricultural land valued at less than one hundred dollars an acre in taxable year 1987, nor may reassessment result in any reduction below one hundred dollars an acre for agricultural land valued at more than one hundred dollars an acre in taxable year 1987./
Amend title to conform.
Rep. E.B. McLEOD explained the amendment.
Rep. KIRSH moved to table the amendment.
Rep. G. BROWN demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 49 to 23.
Reps. E.B. McLEOD, BLANDING and G. BROWN objected to the Bill.
Rep. L. MARTIN moved that the House recur to the morning hour, which was not agreed to.
Rep. HASKINS withdrew his objection to the following Bill.
H. 2495 -- Rep. Washington: A BILL TO AMEND ARTICLE 3, CHAPTER 7, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OFFENSES AGAINST THE PEACE, BY ADDING SECTION 16-7- 180 SO AS TO PROHIBIT PARAMILITARY TRAINING BY CERTAIN PERSONS AND TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME OF PARTICIPATION IN UNLAWFUL PARAMILITARY TRAINING.
Rep. LOCKEMY withdrew his objection to the following Bill.
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.
Rep. BLANDING withdrew his objection to S. 1125 however, other objections remained upon the Bill.
Rep. BLACKWELL withdrew his objection to the following Bill.
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.
On motion of Rep. L. MARTIN, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Labor, Commerce and Industry.
S. 1457 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ATHLETIC COMMISSION, RELATING TO THE CONDUCT OF BOXING, KICKBOXING, 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.
Rep. M.D. BURRISS asked unanimous consent that a historical statement concerning the establishment of Horrell Hill School be printed in the Journal on Friday, May 20, which was agreed to.
On motion of Rep. KIRSH, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means.
H. 4044 -- Reps. Kirsh, McLellan, McTeer and Elliott: A BILL TO AMEND SECTION 12-37-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT AUDITORS, ASSESSORS, AND APPOINTED APPRAISERS ATTEND EDUCATIONAL COURSES AS REQUIRED BY THE SOUTH CAROLINA TAX COMMISSION, SO AS TO DELETE THE EDUCATIONAL COURSE REQUIREMENT FOR AUDITORS.
The Veto on the following Act was taken up.
(R537) H. 2024 -- Reps. Hayes and P. Bradley: AN ACT TO AMEND SECTIONS 38-77-140, 38-77-150, 56-9-20, 56-9-353, 56-9-480, AND 56-9-580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL REQUIREMENTS OF MOTOR VEHICLE LIABILITY INSURANCE POLICIES AND UNINSURED MOTORISTS' POLICIES OR CONTRACTS, SO AS TO INCREASE FROM FIVE TO TEN THOUSAND DOLLARS THE MINIMUM REQUIRED COVERAGE BECAUSE OF INJURY TO OR DESTRUCTION OF PROPERTY OF OTHERS IN ANY ONE ACCIDENT AND THE AMOUNT CREDITED WHICH SATISFIES A JUDGMENT IN EXCESS OF THAT AMOUNT FOR PURPOSES OF PROOF OF FINANCIAL RESPONSIBILITY, TO CHANGE THE DEFINITION OF PROOF OF FINANCIAL RESPONSIBILITY TO REFLECT THE INCREASE, AND TO INCREASE THE AMOUNT OF CASH OR SECURITIES REQUIRED TO BE DEPOSITED WITH THE STATE TREASURER TO OBTAIN A CERTIFICATE TO PROVE FINANCIAL RESPONSIBILITY FROM THIRTY-FIVE THOUSAND DOLLARS TO FORTY THOUSAND DOLLARS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 38-73-1110 SO AS TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO PROMULGATE A REGULATION TO PROVIDE FOR THE CALCULATION AND REFUNDING OF EXCESS PROFITS OF INSURANCE COMPANIES AND TO ESTABLISH WHEN THE INCREASED FINANCIAL RESPONSIBILITY REQUIREMENTS MUST TAKE EFFECT.
Rep. DANGERFIELD moved to adjourn debate upon the Veto until Tuesday, May 10.
Rep. T.M. BURRISS moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Tuesday, May 10, which was agreed to.
Rep. KLAPMAN, with unanimous consent, withdrew his objection to the following Bill.
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.
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.
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.
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.
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. 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.
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.
Rep. WILKINS moved to adjourn debate upon the Senate Amendments to the following Bill until Tuesday, May 10, 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 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.
The Senate Amendments to the following Bill were taken up for consideration.
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.
The House refused to agree to the Senate Amendments and a message was ordered sent accordingly.
Rep. BLANDING moved to adjourn debate upon the Senate Amendments to the following Bill until Tuesday, May 10, which was adopted.
H. 3863 -- Reps. Blanding and E.B. McLeod: A BILL TO AMEND SECTION 7-7-501, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN SUMTER COUNTY, SO AS TO REVISE THE BOUNDARIES OF THE MANCHESTER FOREST AND PINEWOOD PRECINCTS.
The Senate Amendments to the following Bill were taken up for consideration.
H. 4104 -- Reps. Blanding, E.B. McLeod, McElveen and Baxley: A BILL TO TRANSFER CERTAIN PARCELS OF LAND IN SUMTER COUNTY FROM SCHOOL DISTRICT NO. 17 TO SCHOOL DISTRICT NO. 2.
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. 3533 -- Reps. Kay, Sharpe, Jones, L. Phillips, Whipper, Townsend, P. Harris, D. Martin, Shelton, Rice, K. Bailey, Bennett, E.B. McLeod, Hearn, Humphries, Foxworth, Mappus and Nesbitt: A BILL TO AMEND SECTION 47-5-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS SUSPECTED OF HAVING RABIES, SO AS TO PROVIDE THAT CAPTURE, IMPOUNDMENT, AND EUTHANIZATION OF THE ANIMALS MUST BE PERFORMED BY COUNTY HEALTH DEPARTMENTS.
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 Concurrent Resolution were taken up for consideration.
H. 4083 -- Reps. Beasley, Hayes, Fair, Corning and Hearn: A CONCURRENT RESOLUTION TO DIRECT THE JOINT LEGISLATIVE COMMITTEE ON CHILDREN TO MAKE A COMPREHENSIVE STUDY TO DETERMINE WHETHER THIS STATE NEEDS TO CONSOLIDATE THE SERVICES IT PROVIDES TO CHILDREN AND CREATE AN INTEGRATED AGENCY FOR THE PROVISION OF THE SERVICES.
Rep. BEASLEY 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 Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1062 -- Senators Drummond, Patterson, Williams and Leventis: A BILL TO REAUTHORIZE THE EXISTENCE OF THE STATE BOARD OF EXAMINERS IN SPEECH PATHOLOGY AND AUDIOLOGY FOR SIX YEARS.
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. 1140 -- Senators Holland, Matthews, Wilson and Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 22 OF ARTICLE V OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO GRAND AND PETIT JURIES, SO AS TO DELETE THE REQUIREMENT THAT JURORS MUST BE QUALIFIED ELECTORS OF THIS STATE AND BE OF GOOD MORAL CHARACTER, AND PROVIDE THAT JURORS MUST BE RESIDENTS OF THIS STATE AND HAVE SUCH OTHER QUALIFICATIONS AS THE GENERAL ASSEMBLY MAY PRESCRIBE.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following Bill was taken up.
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.
Rep. FELDER spoke against the Bill and moved to adjourn debate upon the Bill.
Rep. CORK moved to table the motion, which was agreed to.
The question then recurred to the passage of the Bill on third reading.
Rep. FELDER demanded the yeas and nays, which were not ordered.
The Bill was then read the third time and ordered sent to the Senate by a division vote of 54 to 1.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4239 -- Reps. Arthur, Gentry, McEachin and J. Rogers: A CONCURRENT RESOLUTION TO SET 12:00 NOON ON WEDNESDAY, MAY 18, 1988, AS THE TIME FOR ELECTING A SUCCESSOR TO THE HONORABLE LAWRENCE E. RICHTER, JR., JUDGE OF THE NINTH JUDICIAL CIRCUIT; WHOSE TERM EXPIRES JUNE 30, 1988.
Five members objecting to immediate consideration of the Resolution were ordered referred to the Committee on Rules.
Rep. GILBERT arose to a Point of Personal Privilege.
Rep. HASKINS moved that when the House adjourns it adjourn in honor of all Mothers in S.C., which was agreed to.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4179 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-37-2650, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF AD VALOREM TAXES ON MOTOR VEHICLES, SO AS TO AUTHORIZE THE TREASURER TO ISSUE PROOF OF PAYMENT BY MEANS OTHER THAN A RECEIPT WITH THE APPROVAL OF THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
H. 3741 -- Rep. Beasley: A BILL TO AMEND SECTION 56-5-2950, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPLIED CONSENT TO TEST TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS IN THE SYSTEM OF A MOTOR VEHICLE OPERATOR, SO AS TO REQUIRE HEARINGS TO BE HELD AS PROVIDED BY ARTICLE 3, CHAPTER 23, TITLE 1 OF THE 1976 CODE (THE ADMINISTRATIVE PROCEDURES ACT).
S. 1381 -- Education Committee: A BILL TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ANNUAL ALLOCATIONS TO SCHOOL DISTRICTS UNDER THE EDUCATION FINANCE ACT, SO AS TO DELETE THE PROVISIONS PERTAINING TO FUNDING FOR ELIGIBLE COMPENSATORY AND REMEDIAL CHILDREN AND FOR BLOCK GRANTS AND PERTAINING TO REGULATIONS AND TO PROVIDE THAT NO STUDENT WHO SCORES AT OR ABOVE BASIC SKILLS ASSESSMENT PROGRAM STANDARD IS ELIGIBLE FOR EITHER COMPENSATORY OR REMEDIAL FUNDING.
Rep. McGINNIS explained the Bill.
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.
Rep. McGINNIS explained the Bill.
H. 4212 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE AUCTIONEERS' COMMISSION, RELATING TO LICENSE CERTIFICATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 981, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4214 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO INSTRUCTORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 967, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1439 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, RELATING TO OBTAINING AND HANDLING BLOOD AND URINE SAMPLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 972, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4228 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, RELATING TO THE CONSUMPTION, POSSESSION AND SALE OF ALCOHOLIC BEVERAGES, DESIGNATED AS REGULATION DOCUMENT NUMBER 950, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WILKINS explained the Joint Resolution.
The following Bill was taken up.
H. 4181 -- Reps. Kirsh, McLellan, Klapman, Blackwell, Sheheen, P. Harris, Holt, Edwards, Day, Carnell, Keyserling and Mattos: A BILL TO AMEND SECTIONS 2-3-30, 2-3-60, 2-3-100, 2-3-170, 10-1-40, 51-1-75, 59-20-50, 59-63-720, AND 59-65-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GENERAL ASSEMBLY, PUBLIC BUILDINGS AND PROPERTY, PARKS, RECREATION AND TOURISM, AND EDUCATION, SO AS TO PROVIDE FOR SUBSISTENCE ALLOWANCES FOR MEMBERS OF THE GENERAL ASSEMBLY AND LIEUTENANT GOVERNOR, TO PROVIDE FOR APPROVAL OF THE PURCHASE OF SUPPLIES FOR THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE ADDITIONAL DUTIES FOR THE SERGEANTS AT ARMS AND DIRECTORS OF SECURITY, TO PROVIDE FOR REIMBURSEMENT OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO REVISE THE DUTIES OF THE STATE HOUSE COMMITTEE, TO DEFINE THE RESPONSIBILITIES OF THE JOINT COMMITTEE ON TOURISM AND TRADE, TO PROHIBIT RECEIPT OF HOLD HARMLESS FUNDS BY ADDITIONAL SCHOOL DISTRICTS, AND TO PROVIDE FOR APPROPRIATIONS FOR SCHOOL LUNCH SUPERVISORS AND THE DIVISION OF SCHOOL LUNCH PROGRAM AID APPROPRIATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 2-1-190, 2-3-35, 2-3-55, 2-3-73, 2-3-77, 2-3-85, 2-3-135, 2-3-152, 2-3-155, 2-3-175, 2-3-240, 2-3-250, 2-3-260, 2-3-280, 2-3-290, 2-7-63, 2-11-100, 8-11-75, 11-11-140, 38-73-725, 43-31-160, 46-7-100, 50-1-155, 51-1-100, 51-1-110, 51-1-120, 51-1-130, 51-1-140, 59-20-90, 59-20-100, 59-20-110, 59-21-125, 59-21-135, 59-21-410, 59-21-415, 59-21-435, 59-21-445, 59-25-70, 59-25-80, 59-31-420, 59-47-95, 59-47-97, 59-47-120, 59-51-60, 59-103-160, 59-103-170, 60-11-110, 60-11-120, 60-13-60, AND 60-15-100 SO AS TO PROVIDE FOR FUNDING OF THE DUES TO THE COUNCIL OF STATE GOVERNMENTS AND THE NATIONAL CONFERENCE OF STATE LEGISLATURES, TO PROVIDE FOR SUBSISTENCE EXPENSE PAYMENTS TO THE MEMBERS OF THE GENERAL ASSEMBLY SERVING ON JOINT STUDY COMMITTEES AND TO AMEND SECTION 2-3-30, RELATING TO SUBSISTENCE EXPENSES FOR MEMBERS AND THE LIEUTENANT GOVERNOR, SO AS TO DETAIL THE CIRCUMSTANCES UNDER WHICH SUBSISTENCE IS ALLOWED, TO PROVIDE FOR INSTALLATION OF TELEPHONE SERVICE IN THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR THE PREPARATION OF EXPENSE AND COMPENSATION VOUCHERS OF GENERAL ASSEMBLY COMMITTEES AND FOR THE APPROVAL OF SENATE PAYROLL AND DISBURSEMENT VOUCHERS AND INTERDEPARTMENTAL TRANSFERS, TO PROVIDE FOR THE MANAGEMENT OF THE LEGISLATIVE INFORMATION SYSTEMS, TO PROVIDE THAT THE CLERK OF THE HOUSE OF REPRESENTATIVES IS REQUIRED TO SEND ONLY ONE COPY OF EACH ACT TO THE COUNTY CLERKS OF COURT, TO PROVIDE FOR APPOINTMENTS OF THE DIRECTORS OF RESEARCH FOR THE HOUSE OF REPRESENTATIVES AND THEIR TITLES, TO PROVIDE FOR THE PAYMENT OF THE SALARIES OF EMPLOYEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR PAYMENT OF TEMPORARY CLERICAL HELP FOR THE SENATE FINANCE AND JUDICIARY COMMITTEES, PRESIDENT OF THE SENATE, HOUSE OF REPRESENTATIVES WAYS AND MEANS AND JUDICIARY COMMITTEES, SPEAKER OF THE HOUSE, CLERKS OF THE SENATE AND HOUSE, AND LEGISLATIVE COUNCIL, TO PROVIDE THAT NO PER DIEM MAY BE PAID TO ANY LEGISLATIVE OFFICIAL OR EMPLOYEE FROM MORE THAN ONE SOURCE FOR ANY ONE DAY, TO PROVIDE FOR PICTURES TO BE MADE OF THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES, TO PROVIDE FOR AUDITING OF APPROVED ACCOUNTS OF THE SENATE, HOUSE OF REPRESENTATIVES, SPECIAL SERVICES FOR THE SENATE AND HOUSE, LEGISLATIVE COUNCIL, AND JOINT LEGISLATIVE COMMITTEES AND PROVIDE FOR THE FUNDING AND OPERATION OF THE COMMITTEES, TO PROVIDE FOR THE SENATE STANDING COMMITTEES TO CONTRACT FOR NECESSARY PROJECTS, PROGRAMS, AND SERVICES, TO PROVIDE FOR THE BENEFITS AND COMPENSATION FOR THE NURSES WHO PROVIDE SPECIAL SERVICES TO THE SENATE AND HOUSE OF REPRESENTATIVES, TO PROVIDE FOR EACH COMMITTEE OF THE SENATE AND HOUSE OF REPRESENTATIVES AND EACH JOINT LEGISLATIVE COMMITTEE TO PROVIDE A LIST TO THE GENERAL ASSEMBLY OF ALL EMPLOYEES WHO HOLD DUAL POSITIONS OF STATE EMPLOYMENT, TO REQUIRE AN AUDIT OF JOINT LEGISLATIVE COMMITTEE APPROPRIATIONS, TO PROVIDE FOR LEGISLATIVE COUNCIL RESEARCH EMPLOYEES TO BE AVAILABLE TO WORK WITH SENATE AND HOUSE OF REPRESENTATIVE COMMITTEES, TO PROVIDE FOR PAYROLL DEDUCTIONS FOR PARKING FEES, TO PROVIDE FOR THE DESIGNATION AND SALARIES OF LEGISLATIVE EMPLOYEES PROVIDED IN THE ANNUAL GENERAL APPROPRIATIONS ACT, TO PROVIDE FUNDS FOR THE OPERATION OF THE STATE RATING AND STATISTICAL DIVISION OF THE INSURANCE DEPARTMENT, TO PROVIDE THAT REVENUES FROM PRODUCTION BY TRAINEES AT VOCATIONAL REHABILITATION FACILITIES MAY BE USED BY THE STATE AGENCY OF VOCATIONAL REHABILITATION, TO REQUIRE CLEMSON UNIVERSITY, REGULATORY AND PUBLIC SERVICE DIVISION, TO REMIT REVENUES TO THE GENERAL FUND OF THE STATE, TO PROVIDE FOR USE OF THE GAME PROTECTION FUND, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM WHEN EXPENDING APPROPRIATIONS FOR A CANADIAN PROMOTION SHALL DESIGNATE ONE DAY OF THE PROMOTION AS "CANADIAN DAY" AND TO PROVIDE THAT ALL CANADIANS ARE ALLOWED ADMITTANCE TO STATE PARKS AND USE OF PARK CAMPING FACILITIES ON CANADIAN DAY FREE OF CHARGE, TO PROVIDE THAT FUNDING OF REGIONAL TOURISM PROMOTION COMMITTEES IS CONTINGENT UPON AT LEAST A TWENTY-FIVE PERCENT MATCH FROM LOCAL SOURCES, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO ESTABLISH A SCHOLARSHIP PROGRAM WITH CLEMSON UNIVERSITY TO ASSIST STUDENTS IN THE SCHOOL OF PARKS, RECREATION AND TOURISM MANAGEMENT, TO PROVIDE THAT ANY MONIES DERIVED FROM THE GIFT/SOUVENIR SHOP AT THE BOYLESTON HOUSE MUST BE USED FOR ITS CONTINUING OPERATION, TO PROVIDE THAT THE DEPARTMENT OF PARKS, RECREATION AND TOURISM IS AUTHORIZED TO CHARGE A FEE TO COMMERCIAL CONCERNS FOR THE COST OF VACATION GUIDES, RESEARCH REPORTS, AND MAILING LISTS AND TO PROVIDE FOR THE MANNER IN WHICH THESE FEES ARE DISTRIBUTED AND USED, TO PROVIDE FOR DISBURSEMENT OF EDUCATION FUNDS TO THE DEPARTMENT OF YOUTH SERVICES, TO FUND THE PALMETTO UNIFIED SCHOOL DISTRICT, TO PROVIDE THAT SPECIFIC APPROPRIATIONS MUST INCLUDE LOCAL FINANCIAL SUPPORT FOR EDUCATION, TO PROVIDE FOR THE USE OF DIRECT AID TO SCHOOL DISTRICTS' APPROPRIATIONS, TO PROVIDE FOR ADJUSTMENTS IN SCHOOL, DISTRICT ENTITLEMENTS FOR WEIGHTED PUPIL UNITS, TO PROVIDE FOR REDUCTION OF SCHOOL BUILDING AID DURING REVENUE SHORTFALLS, TO EXEMPT VOCATIONAL EDUCATION FACILITIES AND EQUIPMENT FROM PURCHASE OR CONSTRUCTION CONTRACTS, TO PROVIDE THAT SCHOOL BUILDING AID APPROPRIATIONS MUST BE HELD IN TRUST UNTIL USED AS PROVIDED BY SECTION 59-21-350, TO EXEMPT TEACHERS IN YOUTH SERVICES, CORRECTIONS, AND DEAF AND BLIND SCHOOLS FROM HUMAN RESOURCE MANAGEMENT CLASSIFICATION, TO REQUIRE MAINTENANCE OF TEACHER LOCAL SALARY SUPPLEMENTS, TO PROVIDE FOR UPKEEP OF USED TEXTBOOKS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE TUITION, ROOM AND BOARD, AND OTHER FEES TO STUDENTS ACCEPTED INTO THE ADULT VOCATIONAL PROGRAM, AND TO PROVIDE THAT THESE FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS, TO AUTHORIZE THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO CHARGE APPROPRIATE FEES FOR HOUSING OF HEARING IMPAIRED ADULTS WHO RECEIVE VOCATIONAL EDUCATION SERVICES BY THE VOCATIONAL REHABILITATION FACILITY ON THE SCHOOL'S CAMPUS, AND TO PROVIDE THAT FEES MUST BE DETERMINED BY THE SCHOOL'S BOARD OF COMMISSIONERS AND THAT SUCH REVENUE MUST BE RETAINED BY THE SCHOOL TO OFFSET CERTAIN ADDITIONAL OPERATING COSTS, TO AUTHORIZE SCHOOL BUSES OF THE SOUTH CAROLINA SCHOOL FOR THE DEAF AND THE BLIND TO TRAVEL AT SPEEDS UP TO FIFTY-FIVE MILES AN HOUR, NOT TO EXCEED THE POSTED LIMIT, AND TO PROVIDE THAT NO FUNDS APPROPRIATED FOR EQUIPMENT MAY BE USED FOR THE PURCHASE OF GOVERNORS FOR SCHOOL BUSES OF THE SCHOOL, TO REQUIRE THE WIL LOU GRAY OPPORTUNITY SCHOOL TO PROVIDE EDUCATION SERVICES FOR TRUANT STUDENTS, TO REQUIRE NOTICE OF FEE RAISES BY STATE-SUPPORTED COLLEGES AND UNIVERSITIES, TO REQUIRE APPROVAL OF DISPOSAL OF LOCAL HIGHER EDUCATION REAL PROPERTY, TO PROVIDE FOR GIFTS BY THE STATE MUSEUM COMMISSION TO EDUCATIONAL INSTITUTIONS, TO AUTHORIZE THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY TO SUPPLY ONE FREE COPY OF EACH NEW PUBLICATION TO CERTAIN LIBRARIES AND PERSONS, TO PROVIDE THAT THE FUNDS EARNED FROM THE UNITED STATES DEPARTMENT OF THE INTERIOR BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR ADMINISTERING THE NATIONAL HISTORIC PRESERVATION PROGRAM IN THIS STATE, WITH THE EXCEPTION OF CERTAIN MONIES, MUST BE DEPOSITED IN A SPECIAL ACCOUNT IN THE STATE TREASURY, TO BE USED BY THE SOUTH CAROLINA DEPARTMENT OF ARCHIVES AND HISTORY FOR A HISTORIC PRESERVATION GRANTS PROGRAM, AND TO PROVIDE FOR THE USE BY THE SOUTH CAROLINA ARTS COMMISSION OF REVENUES DERIVED FROM ARTS EVENTS AND BALANCES AT END OF THE FISCAL YEAR.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3492J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-3-30 of the 1976 Code is amended to read:
"Section 2-3-30. Except for legislative days which, by Senate or House action, are designated for consideration only of local and uncontested matters, members of the General Assembly, including the Lieutenant Governor, shall be paid fifty ($50.00) dollars subsistence expenses for each legislative day. Provided, such subsistence allowance shall be paid for each calendar day occurring within the same legislative day to members of that body in session on each calendar day.
(A) Members of the General Assembly and the Lieutenant Governor shall receive subsistence expense equal to the maximum allowable by regulation of the Internal Revenue Code, for the Columbia area for each legislative day that the respective body is in session and in any other instance in which a member is allowed subsistence expense. No member of the General Assembly except those present are eligible for subsistence on that day. 'Legislative day' is defined as those days beginning the regular annual convening day of the General Assembly and continuing through the day of adjournment sine die, excluding Friday, Saturday, Sunday, and Monday and excluding days designated for consideration only of local and uncontested matters.
(B) Standing committees of the Senate and House of Representatives are authorized to continue work during the interim of the General Assembly. When certified by the chairman, the members serving on the committees shall receive a subsistence as provided in subsection (A), mileage at the rate provided for by law, and the regular per diem provided for members of boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for the allowances provided in this subsection must be paid to the members of the Senate or House from the approved accounts of the respective body except as otherwise provided.
(C) Members of the Senate and the House of Representatives when traveling on official state business are allowed a subsistence as provided in subsection (A), transportation expenses as provided for by law, and the regular per diem provided for members of boards, commissions, and committees upon approval of the appropriate chairman. When traveling on official business of the Senate or the House not directly associated with a committee of the General Assembly, members must be paid the same allowance upon approval of the President Pro Tempore of the Senate or the Speaker of the House. The members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The funds for the allowances provided in this subsection must be paid from the approved accounts of the Senate or the House or from the appropriate account of the agency, board, commission, task force or committee upon which the member serves.
SECTION 2. Section 2-3-60 of the 1976 Code is amended to read:
"Section 2-3-60. The clerk Clerk of the House of Representatives, upon the request of the Speaker of the House of Representatives, shall furnish for his office such any supplies and equipment as are requested by the Speaker, and the clerk Clerk of the Senate, upon the request of the President of the Senate, shall furnish for his office such any supplies and equipment as are requested by the President.
Supplies for the Senate may be purchased only upon the authority of the Clerk of the Senate, and supplies for the House may be purchased only upon the authority of the Clerk of the House."
SECTION 3. Section 2-3-100 of the 1976 Code is amended to read:
"Section 2-3-100. The sergeant Sergeant at arms Arms of the Senate and the sergeant Sergeant at arms Arms of the House of Representatives shall take exclusive care and charge of the Senate chamber and, the hall of the House of Representatives, and the committee rooms, respectively, and be held are responsible for their keeping and the keeping and protection of the furniture and furnishings belonging to them, packing such as may need anything that needs packing and inspecting and caring for them during the recess of the General Assembly. The duties of the sergeants at arms and assistant sergeants at arms and directors of security of the Senate and House of Representatives, respectively, include those provided in the rules of the Senate and House and designated by the President Pro Tempore of the Senate or the Speaker of the House and the security of personnel and property of the Senate and House. The duties include meeting and escorting visitors in and about the respective bodies and, during the hours of duty, dressing in a distinctive manner so as to be easily identified as sergeants at arms and directors of security of the Senate and House. The sergeant sergeants at arms of both houses the Senate and House shall employ such laborers and any help as may be necessary to carry out the provisions of this section."
SECTION 4. Section 2-3-170 of the 1976 Code is amended to read:
"Section 2-3- 170. All persons elected or appointed under the provisions of this chapter shall receive such compensation as the General Assembly shall determine determines. The Speaker of the House of Representatives is authorized to reimburse travel and other expense incurred by employees of the House for official business in accord with current rules and regulations."
SECTION 5. Section 10-1-40 of the 1976 Code is amended to read:
"Section 10-1-40. There is hereby established a committee to be known as the 'State House Committee', consisting of five members of the Senate, appointed by the Lieutenant Governor, and five members of the House of Representatives, appointed by the Speaker, whose duties shall be are to review all proposals for alterations and/or, renovations, improvements, and additions to the State House. No alterations or renovations shall be undertaken without the approval of this committee.
Any alterations, renovations, improvements, and additions to the State House must be recommended or approved by the committee. Bidding, executing, and carrying out of contracts must be in accord with standing regulations and procedures for any other work of the same type applicable to agencies and institutions of state government."
SECTION 6. Section 51-1-75 of the 1976 Code is amended to read:
"Section 51-1-75. (A) The annual revenue derived from the provisions of Sections 12-21-2420 and 12-21-2710 of the 1976 Code which exceeds three million, five hundred thousand dollars, subsequent to after the allocation of revenue for use of the Commercial Fisheries Division, shall must be allocated to the Department of Parks, Recreation and Tourism.
B. The funds allocated to the Department of Parks, Recreation and Tourism (the department) from the revenues collected from admission tax fees, as provided in Section Sections 12-21-2420 and 12-21-2710 of the 1976 Code, shall must be used to advertise and promote the tourism industry of the State. The advertising and promotion activities shall must include paid media advertising and other promotional projects of the department as well as the establishment by the department of a matching funds program to assist local tourism promotion organizations in the State. Guidelines for such the programs shall must be formulated by the department and the Joint Committee on Tourism and Trade. The committee is responsible for coordinating the efforts and activities of state agencies in the development of international tourist or trade markets, or both."
SECTION 7. Section 59-20-50 of the 1976 Code is amended by adding at the end:
"No additional districts shall receive hold harmless funds due to decreases in student numbers or upward adjustments in the index of taxpaying ability."
SECTION 8. Section 59-63-720 of the 1976 Code is amended to read:
"Section 59-63-720. One School school lunch supervisors shall supervisor must be employed on a county basis, with one supervisor for each county of the State and appropriations for his salary must be provided annually. In the larger counties of the State, where the number of school children and the area involved warrant, the State Department of Education may divide such the counties into two districts and provide a supervisor for each district. In such cases, the counties shall pay one-half of the cost of the salaries and expenses of such the additional supervisors. No salary may be supplemented from funds provided for school lunch program aid. In the absence of a county board of education or with the approval of the county board of education in multidistrict counties, the salary of the supervisor for the county must be distributed proportionately among the districts of the county on the basis of the one hundred thirty-five-day average daily membership of the latest completed fiscal year. The appropriated funds must be used for the supervision of the school food service program only. The local supplement to salaries of county school lunch supervisors may not be reduced below the supplements paid in the previous year.
SECTION 9. Section 59-65-210 of the 1976 Code is amended to read:
"Section 59-65-210. (A) The amount appropriated in the annual general appropriations act for School Lunch Program Aid may be divided among the county boards of education of the State upon the basis of the number of schools participating in the school lunch program in each county. The travel expenses of the county school lunch supervisor must be paid from the appropriation at the prevailing rate of mileage allowed by the State. The funds may be used as an aid in improving the school lunch program. In the absence of a county board of education in multidistrict counties, the funds must be divided among the school districts of the county on the basis of the number of schools participating in the school lunch program in each district.
(B) For each county which has indicated a desire for the service of an attendance supervisor or supervisors there shall must be appropriated annually for the ensuing fiscal year a sum sufficient to pay the salaries and expenses of an one attendance supervisor or supervisors for each county, one such supervisor for each county, one such supervisor for each ten thousand children, or fraction thereof, enroller in each county as of the closing date of the school year immediately proceeding the commencing of each such fiscal year. This sum shall be is the State's state's portion of the attendance supervisor program. Nothing in this article shall limit limits the number of attendance supervisors that a county or a school district may employ at its own expense. In the absence of a county board of education or with the approval of the county board of education in multidistrict counties, the salary must be distributed proportionately among the districts of the county on the basis of the one hundred thirty-five-day average daily membership of the latest completed fiscal year. The funds must be used for supervision of the attendance program only. The local supplement to salaries of county school attendance supervisors may not be reduced below the supplements paid in the previous year."
SECTION 10. The 1976 Code is amended by adding:
"Section 2-1-190. The funds provided in the annual general appropriations act for the Council of State Governments and the National Conference of State Legislatures are appropriated to be paid as dues to the respective organizations, and these funds must not be transferred to any other program."
SECTION 11. The 1976 Code is amended by adding:
"Section 2-3-35. Joint study committees created by law are authorized to continue work during the interim of the General Assembly to secure information and complete investigations assigned to the respective committees. When certified by the chairman, the members appointed to the committees shall receive a subsistence as provided in Section 2-3-30, mileage at the rate provided for by law, and the regular per diem provided for members of boards, commissions, and committees while attending scheduled meetings. Members may elect to receive actual expenses incurred for lodging and meals in lieu of the allowable subsistence expense. The allowances specified in this section must be paid from funds appropriated to the respective committees for these purposes or from approved accounts of the respective body of the General Assembly if no funds have been appropriated to the committee for these purposes."
SECTION 12. The 1976 Code is amended by adding:
"Section 2-3-55. The clerks of the Senate and the House of Representatives, with the approval of the Senate Operations and Management Committee and the Speaker of the House, respectively, shall install telephone service appropriate for use of the membership and presiding officer of each legislative body."
SECTION 13. The 1976 Code is amended by adding:
"Section 2-3-73. All vouchers for the payment of the expenses or compensation, or both, of committees of the General Assembly must be prepared by the clerks of the Senate and House of Representatives. Payroll and disbursement vouchers and interdepartmental transfers of the Senate require only the approval of the Clerk of the Senate."
SECTION 14. The 1976 Code is amended by adding:
"Section 2-3-77. The Legislative Information Systems is under the direction and management of a council composed of the President of the Senate, Speaker of the House of Representatives, and the chairmen of the Senate Finance Committee, House Ways and Means Committee, Senate Judiciary Committee, and House Judiciary Committee."
SECTION 15. The 1976 Code is amended by adding:
"Section 2-3-85. The Clerk of the House of Representatives is required to send only one copy of each act to the county clerks of court."
SECTION 16. The 1976 Code is amended by adding:
"Section 2-3-135. The Speaker of the House of Representatives shall appoint the Executive Director of Research. The Speaker, with the advice and consent of the individual committee chairmen, shall appoint the director of research for each standing committee."
SECTION 17. The 1976 Code is amended by adding:
"Section 2-3-152. Necessary temporary or permanent research assistants for the House of Representatives must be paid from approved accounts of the House upon approval of the Speaker with the advice and consent of the chairmen of the standing committees. The Speaker may adjust salary levels of employees of the House to be paid from approved accounts of the House."
SECTION 18. The 1976 Code is amended by adding:
"Section 2-3-155. The clerks of the Senate and House and the Legislative Council are authorized to issue their warrants on approved accounts for necessary extra clerical or other services upon approval of the Speaker of the House or Lieutenant Governor, respectively. The employment of extra clerical personnel and the expenditure for other services must be reported to the House Ways and Means Committee and the Senate Finance Committee."
SECTION 19. The 1976 Code is amended by adding:
"Section 2-3-175. No per diem may be paid to any legislative official or employee from more than one source for any one day."
SECTION 20. The 1976 Code is amended by adding:
"Section 2-3-240. Pictures of all standing committees of the House of Representatives must be made once during each term, and copies of the pictures must be furnished to each member of the committee. The expenses incurred in making these pictures must be paid from the approved accounts of the House."
SECTION 21. The 1976 Code is amended by adding:
"Section 2-3-250. The State Auditor annually shall audit the approved accounts of the Senate, House of Representatives, Special Services for the Senate and House, and Legislative Council and make a report to the Senate and House.
The State Auditor annually shall audit, as a single entity, the appropriations for the joint legislative committees and make a report to the General Assembly of the audit. Only the joint legislative committees for which funding is provided in the annual general appropriations act are authorized to continue operating during the fiscal year under the same laws, resolutions, or regulations which provided for their operations during the previous fiscal year."
SECTION 22. The 1976 Code is amended by adding:
"Section 2-3-260. The standing committees of the Senate, upon approval of the President Pro Tempore, may contract with state agencies and other entities for any projects, programs, and services as may be necessary to the work of the respective committees. The projects, programs, or services must be paid from funds appropriated for contractual services."
SECTION 23. The 1976 Code is amended by adding:
"Section 2-3-280. The State shall provide to the nurses whose compensation is provided in the annual general appropriations act under the legislative department's special services the same leave time and basic health and accident insurance coverage as is provided other state employees pursuant to law. The appropriation provided for the nurses in the act must be utilized for the specified purpose."
SECTION 24. The 1976 Code is amended by adding:
"Section 2-3-290. Each committee of the Senate and House of Representatives and each joint legislative committee shall provide a list to the members of the General Assembly of all employees who hold dual positions of state employment."
SECTION 25. The 1976 Code is amended by adding:
"Section 2-7-63. The State Auditor shall audit annually as a single entity the appropriations made to the Legislative Department in the annual general appropriations for joint legislative committees."
SECTION 26. The 1976 Code is amended by adding:
"Section 2-11-100. Personnel employed by the Legislative Council for legislative research must be available upon request of the committee chairman to work with the standing or interim committees of the Senate and the House of Representatives."
SECTION 27. The 1976 Code is amended by adding:
"Section 38-73-725. The costs of operating the State Rating and Statistical Division must be borne by insurers of automobile insurance. Not later than sixty days after the beginning of each fiscal year, the Chief Insurance Commissioner shall assess each automobile insurer for its Just proportion of the amount appropriated by the General Assembly annually for the operation of the division. The amount must include appropriated salary adjustments and employer contributions allocable to the division. The assessments must be in the proportion that each insurer's preceding calendar year direct written premium for automobile insurance in this State bears to the total direct written premium for all insurers of automobile insurance in this State during the preceding calendar year. For purposes of this section, 'direct written premium' is as reflected in the latest annual statements of automobile insurers in this State filed with the commissioner. Funds appropriated by the General Assembly for the operation of the Rate Division must be advanced by the State until the assessments levied in this section are collected and deposited in the general fund of the State."
SECTION 28. The 1976 Code is amended by adding:
"Section 46-7-100. All revenues derived from the Regulatory and Public Service Division operations must be remitted to the general fund of the State."
SECTION 29. The 1976 Code is amended by adding:
"Section 59-20-90. Funds must be disbursed to the South Carolina Department of Youth Services by the Department of Education from the annual appropriation. The amount to be disbursed to the South Carolina Department of Youth Services must be sufficient to produce funds equal to the product of the number of students served by the Department of Youth Services weighted according to the criteria established by the South Carolina Department of Education under the provisions of Sections 59-20-50(3) and (4) and 59-20-60(1), (2), (3), and (4)b, c, d, e, and f and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months' operation. The South Carolina Department of Youth Services shall comply with the following provisions of this chapter. The Department of Education annually shall determine that these provisions are being met and include its findings in the report mandated in this chapter. If the accreditation standards as set forth in the Defined Minimum Program for the Department of Youth Services as approved by the State Board of Education are not met, funds provided under this section must be reduced the following fiscal year according to the provisions set forth in the chapter. The Department of Youth Services School District must be allocated funds for employer contributions in accordance with criteria established for all school districts.
The certified instructional personnel of the Department of Youth Services shall receive a percentage increase in their annual salary equal to the percentage allocated to the instructional personnel throughout the State."
SECTION 30. The 1976 Code is amended by adding:
"Section 59-20-100. The Palmetto Unified School District 1 of the South Carolina Department of Corrections shall submit appropriate student membership information to the State Department of Education and sufficient funds will be included in the South Carolina Department of Education's appropriation under the line item 'Education Finance Act' in each annual general appropriations act. The amount to be requested for the Palmetto Unified School District 1 must be sufficient to produce funds equal to the product of the number of students served by the school district weighted according to the criteria established by the South Carolina Department of Education under the provisions of this chapter and the state portion of the appropriated value statewide of the base student costs, adjusted for twelve months' operation. The Palmetto Unified School District 1 shall comply with the following provisions of Sections 59-20-50(3) and (4) and 59-20-60(1), (2), (3), (4) b, c, d, e, and f. The South Carolina Department of Education annually shall determine that these provisions are being met and include its finding in the report mandated in Section 59-20-60(5) (e). If the accreditation standards as set forth in the Defined Minimum Program for the Palmetto Unified School District 1 as approved by the State Board of Education are not met, funds provided under this section must be reduced the following fiscal year according to the provisions set forth in this chapter. The Palmetto Unified School District 1 must be allocated funds for employer contributions in accordance with criteria established for all school districts.
The certified instructional personnel of the Palmetto Unified School District 1 of the South Carolina Department of Corrections must receive a percentage increase in their annual salary equal to the percentage allocated to the instructional personnel throughout the State."
SECTION 31. The 1976 Code is amended by adding:
"Section 59-20-110. The amounts appropriated under 'Education Improvement Program', 'Academic Standards Increase', 'Basic Skills', 'Teaching Profession', 'Leadership, Management and Efficiency', 'Quality Control and Productivity', and 'School Building Aid', or any of them, must be considered to include any local financial support which otherwise is required under this chapter."
SECTION 32. The 1976 Code is amended by adding:
"Section 59-21-125. (A) The appropriation in each annual general appropriations act for Direct Aid to School Districts must be expended for employer contributions for public school employees. Any portion of the employer contribution expended by the school districts to provide group health, life, and accidental death, dismemberment, and disability insurance for active employees of public school districts of this State and their eligible dependents must be in accord with plans determined by the Budget and Control Board to be equitable and of maximum benefit to those covered.
(B) Appropriations for public school employee benefits may not be utilized to provide employer contributions for a portion of a school district employee's salary which is federally funded.
(C) The amounts appropriated under 'State Employer Contributions' for state retirement, group life insurance, social security, and health insurance for public school employees are the total amount provided for those purposes and must be the maximum paid to the aggregate of recipients.
(D) If the Department of Education is notified that an Educational Subdivision has failed to remit proper payments to cover employee fringe benefit obligations, it shall withhold the educational subdivision's state funds until the obligations are met."
SECTION 33. The 1976 Code is amended by adding:
"Section 59-21-415. Whenever the South Carolina Tax Commission certifies to the Comptroller General that there is a revenue shortfall, the amount appropriated for school building aid in the annual general appropriations act must be reduced in an amount equal to the revenue shortage. Any excess above appropriated amounts from the Education Improvement Fund and any unexpended budget amounts in the Education Improvement Act Fund in the current fiscal year shall be allocated to the school building aid program."
SECTION 34. The 1976 Code is amended by adding:
"Section 59-21-435. The provisions of law requiring school districts to execute purchase or construction contracts involving capital improvement bond authorizations within a specified period of time or by a specific date do not apply to vocational education facilities construction and expansion or to vocational education equipment."
SECTION 35. The 1976 Code is amended by adding:
"Section 59-21-445. The 'School Building Aid' annual appropriation, after being appropriately adjusted, must be transferred to a special trust fund established by the Comptroller General. The funds must remain available to the school districts of the State until approved for use in accordance with Section 59-21-350. "
SECTION 36. The 1976 Code is amended by adding:
"Section 59-25-70. Employees in teaching positions in schools operated by the Department of Youth Services, the Department of Corrections, and the South Carolina School for the Deaf and the Blind are exempt from classification by the Human Resource Management Division."
SECTION 37. The 1976 Code is amended by adding:
"Section 59-31-420. There may be expended from funds appropriated for textbooks in the annual general appropriations act an amount necessary for the repair, testing, redistribution, and preservation of used textbooks."
SECTION 38. The 1976 Code is amended by adding:
"Section 59-103-160. All state-supported colleges and universities must notify the Ways and Means Committee, the Senate Finance Committee, the State Budget and Control Board, and the Joint Appropriations Review Committee of a fee increase within ten days of the approval of the increase by the board of trustees of the college or university. The notification must provide:
(1) the current amount of fee for a student, the estimated, or if available, the actual amount of revenue to be generated by the current fee;
(2) the amount of fee increase approved, the new student fee, the effective date of the new fee, an estimate of the number of students to be assessed the fee, and the total estimated revenue to be generated by the fee."
SECTION 39. The 1976 Code is amended by adding:
"Section 59-103-170. Before a local area higher education commission may dispose of real property, the sale or transfer must be approved by the State Budget and Control Board."
SECTION 40. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
Reps. L. MARTIN and EDWARDS proposed the following Amendment No. 1 (Doc. No. 3540J), which was adopted.
Amend the bill, as and if amended, by adding after SECTION 1:
/SECTION 2. Section 58-23-330 of the 1976 Code is amended to read:
"Section 58-23-330. Effective March 1, 1984, notwithstanding any regulation or other provision of law, an An applicant applying for a certificate or applying to amend a certificate to operate as a motor vehicle common carrier may be approved upon a showing the applicant is fit, willing, and able to appropriately perform the proposed service; provided, however, if. If an intervenor shows or if the Commission commission determines that the public convenience and necessity is already being served already, the Commission commission may deny the application.
If an application is denied, another application may not be made until at least six months have elapsed since the date of the denial."/
Renumber sections to conform.
Amend title to conform.
Rep. L. MARTIN 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. 4189 -- Reps. Sheheen, J. Rogers, J. Bradley, Dangerfield and Beasley: A BILL TO AMEND SECTIONS 40-57-90 AND 40-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESIDENCY REQUIREMENTS FOR REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS, SO AS TO DELETE THE REQUIREMENT THAT IN ORDER TO OBTAIN A REAL ESTATE LICENSE A PERSON MUST BE A RESIDENT OF SOUTH CAROLINA, AND TO PROVIDE FOR THE LICENSING AND REGULATION OF NONRESIDENT REAL ESTATE SALESMEN, BROKERS, AND PROPERTY MANAGERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 3499J), which was adopted.
Amend the bill, as and if amended, by adding after SECTION 2.:
/SECTION 3. (A) A nonresident holding a license on the effective date of this act, is not required to meet the prelicense education and examination requirements of Section 40-57-100 and Section 40-57-110 of the 1976 Code in order to continue to hold a license after that date unless he allows the license to lapse or applies for a license that requires passing a different qualifying examination./
Renumber sections to conform.
Amend title to conform.
Rep. HEARN 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. 4135 -- Reps. Edwards, Baxley, Ferguson and Felder: A BILL TO AMEND SECTION 58-23-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPLICATIONS FOR CERTIFICATES TO OPERATE AS A MOTOR VEHICLE COMMON-CARRIER, SO AS TO PROVIDE THAT IF AN APPLICATION IS DENIED ANOTHER APPLICATION MAY NOT BE MADE UNTIL AT LEAST SIX MONTHS HAVE ELAPSED SINCE THE DATE OF DENIAL.
Rep. EDWARDS moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 1287 -- Senators Bryan, J. Verne Smith Thomas, Stilwell and Mitchell: A BILL TO AMEND SECTION 44-7-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS RELATING TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO DEFINE "INTENSIVE RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND YOUTH" AND ADD THOSE FACILITIES TO THE FACILITIES INCLUDED IN THE DEFINITION OF HEALTH CARE FACILITY AND HOSPITAL AND TO DEFINE "BEHAVIORALLY IMPAIRED CHILDREN".
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3408J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 44-7-130(4) of the 1976 Code, as amended by Act 184 of 1987, is further amended to read:
"(4) 'Hospital' includes public health centers and general, tuberculosis, mental, chronic disease, and other types of hospital and related facilities such as outpatient facilities, nursing homes, state health laboratories, nurses' training facilities, facilities for persons with developmental disabilities (formerly facilities for the mentally retarded), residential treatment facilities for children and adolescents, community mental health centers, including facilities for alcoholics and narcotic addicts, and residential care facilities providing care for nonambulatory persons."
SECTION 2. Section 44-7-130 of the 1976 Code, as amended by Act 184 of 1987, is further amended by adding appropriately numbered items to read:
"( ) 'Residential treatment facility for children and adolescents' means a facility operated for the assessment, diagnosis, treatment, and care by two or more persons of 'children and adolescents in need of mental health treatment' which provides:
(a) a special education program with a minimum program defined by the South Carolina Department of Education;
(b) recreational facilities with an organized youth development program; and
(c) residential treatment for a child or adolescent in need of mental health treatment.
( ) 'Children and adolescents in need of mental health treatment' in a residential treatment facility means a child or adolescent under age eighteen who manifests a substantial disorder of cognitive or emotional process, which lessens or impairs to a marked degree that child's capacity either to develop or to exercise age-appropriate or age-adequate behavior. The behavior includes, but is not limited to, marked disorders of mood or thought processes, severe difficulties with self-control and judgment including behavior dangerous to self or others, and serious disturbances in the ability to care for and relate to others."
SECTION 3. This act takes effect upon approval of the Governor./
Amend title to conform.
Rep. BLACKWELL 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. 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.
Debate was resumed on Amendment No. 5, which was proposed on Thursday, April 28, by Rep. HASKINS.
Rep. HASKINS explained the amendment.
Rep. J.C. JOHNSON raised the Point of Order that Amendment No. 5 was out of order as it was not germane to the Bill.
The SPEAKER stated that it dealt with the same Code Section, therefore the amendment was germane, and he overruled the Point of Order.
Rep. McGINNIS spoke against the amendment.
Rep. TAYLOR objected to the Bill.
Rep. McGINNIS moved to table the amendment, which was agreed to by a division vote of 45 to 36.
Rep. HASKINS objected to the Bill.
Rep. J. ROGERS, with unanimous consent, made a statement relative to Union Camp.
The following Bill was taken up.
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.
Rep. WINSTEAD moved to adjourn debate upon the Bill until Thursday, May 5.
Rep. L. MARTIN moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate until Thursday, May 5, which was agreed to.
The following Bill was taken up.
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.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, April 28, by the Committee on Education and Public Works.
The amendment was then adopted.
Rep. FAIR moved to adjourn debate upon the Bill until Thursday, May 5, which was adopted.
The following Bill was taken up.
H. 3677 -- Reps. Klapman, Sturkie, Sharpe and Derrick: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 20 SO AS TO CREATE THE MIDLANDS TECHNICAL COLLEGE COMMISSION, TO DEFINE THE FUNCTIONS, POWERS, AND DUTIES OF THE COMMISSION, TO PROVIDE FOR THE TRANSFER OF ASSETS AND LIABILITIES AND THE CONTINUED OPERATION OF MIDLANDS TECHNICAL COLLEGE, AND TO REPEAL ARTICLE 19, CHAPTER 53, TITLE 59 OF THE 1976 CODE, RELATING TO THE RICHLAND-LEXINGTON COUNTIES COMMISSION FOR TECHNICAL EDUCATION.
Reps. HEARN, J. BROWN, MICKEY BURRISS, T.M. BURRISS, CORNING, FABER, McBRIDE, T. ROGERS, TAYLOR and HUMPHRIES proposed the following Amendment No. 1 (Doc. No. 3310J).
Amend the bill, as and if amended, in Section 59-53-1710, as contained in SECTION 1, page 2, by striking /thirteen/ on line 29 and inserting /twelve/ and by striking /five/ on line 33 and inserting /four/.
Amend further, in SECTION 2, page 5, by striking beginning on line 29 /on the effective date of this act and one additional member from Lexington County/ and on line 37 by striking /These/ and inserting /This/ and on line 38 by striking /members/ and inserting /member/.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
Rep. KLAPMAN spoke against the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1.
Rep. WILKINS moved that the House do now adjourn.
Rep. HUFF demanded the yeas and nays, which were were not ordered.
The motion to adjourn was agreed to by a division vote of 52 to 21.
The Senate returned to the House with concurrence the following:
H. 4230 -- Reps. J. Bradley, Aydlette, Dangerfield, Foxworth, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO COMMEND COLONEL BILLY R. HENDERSON FOR HIS EXEMPLARY AND DISTINGUISHED MILITARY CAREER AS AN AIR FORCE OFFICER UPON HIS RETIREMENT.
H. 4231 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING MR. FRED BARNES, JR., OF CLARENDON COUNTY FOR HIS MANY YEARS OF OUTSTANDING AND DEDICATED SERVICE TO THE NATIONAL BANK OF SOUTH CAROLINA, AND WISHING HIM HAPPINESS FOLLOWING HIS RETIREMENT.
H. 4233 -- Charleston Delegation: A CONCURRENT RESOLUTION CONGRATULATING DR. GEORGE G. DURST, SR., OF CHARLESTON COUNTY UPON BEING NAMED THE FAMILY PHYSICIAN OF THE YEAR BY THE SOUTH CAROLINA ACADEMY OF FAMILY PHYSICIANS.
At 12:20 P.M. the House in accordance with the motion of Rep. HASKINS adjourned out of respect for all Mothers to meet at 10:00 A.M. tomorrow.
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