Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
O God, Ruler of people and nations, be near to bless all in keeping with Your infinite wisdom. Be especially near to those who are in strategic places of leadership - especially now do we pray for those at the Moscow Summit Conference. Guide by Your higher wisdom the President of the United States and his Russian counterpart, and all related to these negotiations. Give to them an openness of purpose, a directness of speech, and that love of justice which were trademarks of our Founding Fathers. Show them Your way through the thorny problems, light up dark areas, smooth the rough places, clarify ambiguous situations, attune their judgments in accord with Your will. Keep us all under the rule of the law of Mt. Sinai and the teachings of the Sermon on the Mount.
We pray in the Name of Him Who is the Prince of Peace.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
The following was received.
Columbia, S.C., May 30, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has continued:
H. 2368 -- Reps. Sheheen, Barfield, Boan, Elliott, Hayes, Huff, J.W. Johnson, Keyserling, Lewis, D. Martin, Pearce, J. Rogers, Sharpe, Shelton, Snow, Taylor, Toal, McLellan, Short, Gentry, Evatt, McGinnis, Hodges, M.O. Alexander, T. Rogers, O. Phillips, McEachin, H. Brown, J.W. McLeod, Gregory, Klapman, Nesbitt, Helmly, Baxley, McCain, Wilder and Felder: A BILL TO ENACT THE LOCAL GOVERNMENT FINANCE ACT AUTHORIZING COUNTIES TO LEVY, WITHIN LIMITS, LOCAL SALES AND USE TAXES; TO ALLOW COUNTIES AND MUNICIPALITIES TO LEVY, WITHIN LIMITS, LOCAL INCOME TAXES OR LOCAL OPTION OCCUPATIONAL TAXES, LOCAL MOTOR VEHICLE LICENSE TAXES, LOCAL ADMISSIONS TAXES; TO REQUIRE THAT AN ADVISORY REFERENDUM MUST BE CONDUCTED PRIOR TO THE IMPLEMENTATION BY THE COUNTY OF THE LOCAL OPTION SALES AND USE TAX; TO AMEND SECTION 12-21-2720, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSE CHARGES FOR COIN-OPERATED DEVICES, SO AS TO AUTHORIZE MUNICIPALITIES AND COUNTIES TO LEVY A LOCAL OPTION COIN-OPERATED DEVICE TAX; AND TO REPEAL SECTIONS 56-3-430 AND 56-3-440 RELATING TO PROHIBITING MUNICIPALITIES WITH POPULATIONS BETWEEN FIFTY-FIVE THOUSAND AND SEVENTY THOUSAND FROM CHARGING INSPECTION OR REGISTRATION FEES, AND THE AUTHORITY OF MUNICIPALITIES WITH POPULATIONS OF SEVENTY THOUSAND OR MORE TO REQUIRE REGISTRATION OF MOTOR VEHICLES.
Very respectfully,
President
No. 5
Received as information.
The following was received.
Columbia, S.C., May 30, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Conference on S. 1006, having been adopted by both Houses:
S. 1006 -- Senator Drummond: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 46
Received as information.
The following was received.
Columbia, S.C., May 30, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3371, and the Report having been adopted by both Houses:
H. 3371 -- Reps. Kirsh, McTeer, Elliott and McLellan: A BILL TO AMEND SECTION 12-35-1540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SHARING OF SALES AND USE TAX RETURNS AND RECORDS WITH OTHER STATES OF THE UNITED STATES, SO AS TO PERMIT RECIPROCAL AGREEMENTS WITH OTHER STATES TO OBTAIN RECORDS OF SALES OR PURCHASE OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-1545 SO AS TO REQUIRE REPORTING TO THE TAX COMMISSION OF SALES OF TANGIBLE PERSONAL PROPERTY OF FIVE HUNDRED DOLLARS OR MORE NOT SUBJECT TO SALES OR USE TAX IN THIS STATE.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 47
Received as information.
The following was received.
Columbia, S.C., May 30, 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. 867:
S. 867 -- Senators Lee, Russell and Horace C. Smith: A BILL TO PROVIDE FOR THE ELECTION OF MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR SPARTANBURG COUNTY, PROVIDE FOR THE TERMS OF OFFICE, STAGGERING OF TERMS, METHOD BY WHICH CANDIDATES' NAMES MAY BE PLACED ON THE BALLOT, AND FOR FILLING OF VACANCIES; AND TO AMEND ACT 612 OF 1984, AS AMENDED, RELATING TO THE METHOD OF CONDUCTING AN ELECTION FOR TRUSTEES OF THE SCHOOL DISTRICT OF SPARTANBURG COUNTY, SO AS TO AUTHORIZE THE COUNTY BOARD OF EDUCATION TO FILL VACANCIES IN THE BOARDS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 30, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 725:
S. 725 -- Senator Mitchell: A BILL TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.
Very respectfully,
President
No. 48
Received as information.
The following was received.
The General Assembly, Columbia, S.C., May 25, 1988
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 725 -- Senator Mitchell: A BILL TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill pass amended as follows:
Section 58-25-40(1), as contained in SECTION 2, page 0725-3, by striking the sentence beginning on line 35 and inserting:
/Unless the agreement approved by the qualified electors of a service area provides otherwise, the members of the governing board appointed by the delegation must be apportioned as determined by a majority of the delegation members including the resident Senator./
Amend title to conform.
/s/Thomas E. Smith, Jr. /s/R. Linwood Altman /s/Theo W. Mitchell /s/Ben E. Thrailkill, Jr. /s/Joe Wilson /s/Dewitt Williams On Part of the Senate. On Part of the House.
Rep. ALTMAN explained the Conference Report.
The report was adopted and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
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.
Reps. HENDRICKS, SIMPSON and L. MARTIN proposed the following Amendment No. 1 (Doc. No. 4386J), which was adopted.
Amend the bill, as and if amended, in Section 5 of Act 609 of 1984, as last amended by Act 286 of 1987, as contained in SECTION 1, page 2, lines 33 through 38, by striking /However, each member may only receive expense allowances for the number of meetings attended in proportion to the number of meetings the board held during that month. The secretary of the board shall be responsible for keeping the attendance records./ and inserting /The board shall adopt rules and guidelines regarding the distribution of the monthly allowance provided in this section./
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. WILKINS moved to recall the Message that the House non-concurred in the Senate Amendments to the following Joint Resolution, which was agreed to.
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
The Senate returned to the House with amendments the following:
H. 4314 -- Rep. T. Rogers: A CONCURRENT RESOLUTION TO SET 12:00 NOON, THURSDAY, JUNE 2, 1988, AS THE TIME OF A JOINT ASSEMBLY TO ELECT TWO MEMBERS OF THE CONSUMER AFFAIRS COMMISSION WHOSE TERMS HAVE EXPIRED AND TO FILL TWO VACANCIES CAUSED BY RESIGNATION.
Amend title to conform.
Be it resolved by the House of Representatives, the Senate concurring:
That the House of Representatives and the Senate meet in Joint assembly in the Hall of the House of Representatives on Wednesday, June 1, 1988 immediately following the election to be held for members of the Boards of Trustees of the College of Charleston, Francis Marion College, and Lander College, for elections to fill the seats on the Commission on Consumer Affairs of the Honorable Richard C. Moore, whose term expires in 1988, the Honorable Lonnie Randolph, Jr., whose term expired in 1982, and to fill the vacancy created by the resignation of the Honorable Wilbur Lee Jeffcoat, for a term expiring in 1991, and to fill the vacancy created by the resignation of the Honorable Bobby T. Jones, for a term expiring in 1989.
The Senate Amendments were concurred in and a message was ordered sent to the Senate accordingly.
The Senate Amendments to the following Bill were taken up for consideration.
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Rep. J. ROGERS moved to adjourn debate upon the Senate Amendments until 11:30 A.M., which was adopted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4322 -- Reps. Foxworth, Holt, Whipper, J. Bradley, Washington, Winstead, Aydlette, D. Martin, Dangerfield, Kohn and Mappus: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR HOUSE BILL 3960 INTRODUCED IN THE UNITED STATES CONGRESS BY CONGRESSMAN ARTHUR RAVENEL, JR., WHICH DIRECTS THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE TO ASSUME RESPONSIBILITY FOR AND PROTECT THE COUNTRY HOME OF CHARLES PINCKNEY, DISTINGUISHED SOUTH CAROLINA POLITICAL LEADER AND DIPLOMAT, LOCATED IN SNEE FARM IN CHARLESTON COUNTY.
On motion of Rep. FOSTER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4322 -- Reps. Foxworth, Holt, Whipper, J. Bradley, Washington, Winstead, Aydlette, D. Martin, Dangerfield, Kohn and Mappus: A CONCURRENT RESOLUTION TO EXPRESS THE SUPPORT OF THE GENERAL ASSEMBLY FOR HOUSE BILL 3960 INTRODUCED IN THE UNITED STATES CONGRESS BY CONGRESSMAN ARTHUR RAVENEL, JR., WHICH DIRECTS THE UNITED STATES DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE TO ASSUME RESPONSIBILITY FOR AND PROTECT THE COUNTRY HOME OF CHARLES PINCKNEY, DISTINGUISHED SOUTH CAROLINA POLITICAL LEADER AND DIPLOMAT, LOCATED IN SNEE FARM IN CHARLESTON COUNTY.
Whereas, Charles Pinckney is considered by historians to be a founding father, political leader, and distinguished diplomat of this country whose proposals for a new government called the Pinckney Plan were largely incorporated into the federal Constitution prepared in 1787; and
Whereas, as a South Carolina delegate to the Constitutional Convention at Philadelphia, he served as a member of the procedures committee and participated frequently in debates; and
Whereas, he is best remembered, however, for the detailed plan of government that he submitted to the convention. Although the original draft of the Pinckney Plan was not preserved, it is known to have contained thirty-one or thirty-two provisions that were incorporated into the new Constitution. Charles Pinckney probably had as large a share in determining the style, form, and content of the document as any one individual; and
Whereas, after returning home to South Carolina from the convention, he actively supported ratification and was instrumental in South Carolina's ratification of the Constitution on May 23, 1788; and
Whereas, Charles Pinckney's home in Snee Farm in Charleston County was built in the Jefferson tradition and is in need of protection by the National Park Service so that history may be preserved; and
Whereas, Charles Pinckney was a distinguished South Carolina political leader and diplomat who contributed greatly to the preparation and ratification of the United States Constitution. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their support for House Bill 3960 introduced in the United States Congress by Congressman Arthur Ravenel, Jr., which directs the United States Department of the Interior, National Park Service to assume responsibility for and protect the country home of Charles Pinckney, distinguished South Carolina political leader and diplomat, located in Snee Farm in Charleston County.
Be it further resolved that a copy of this resolution be forwarded to the members of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4330 -- Rep. Edwards: A CONCURRENT RESOLUTION COMMENDING BISHOP ROY C. CLARK OF THE UNITED METHODIST CHURCH FOR HIS OUTSTANDING MINISTRY AND DEDICATION AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4331 -- Rep. Harvin: A CONCURRENT RESOLUTION SALUTING BAPTIST COLLEGE OF CHARLESTON, WHICH WILL MARK THE TWENTY-FIFTH ANNIVERSARY OF ITS FOUNDING IN SEPTEMBER, 1989, AND COMMENDING THIS OUTSTANDING INSTITUTION FOR ITS EXCELLENT RECORD OF ACCOMPLISHMENTS IN HIGHER EDUCATION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4332 -- Rep. J. Bradley: A CONCURRENT RESOLUTION TO REQUEST THE UNITED STATES COAST GUARD TO DONATE TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY THE SHIP INGHAM WHICH IS BEING DECOMMISSIONED AFTER FIFTY-TWO YEARS OF DISTINGUISHED SERVICE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4333 -- Charleston Delegation: A CONCURRENT RESOLUTION RECOGNIZING, COMMENDING, AND THANKING MR. ROBERT ROSEN OF CHARLESTON COUNTY FOR HIS DEDICATED SERVICE AS CHAIRMAN OF THE CHARLESTON COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES CONSTITUTION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4334 -- Rep. J. Bradley: A CONCURRENT RESOLUTION COMMENDING MRS. JUDY HUGHES OF CHARLESTON COUNTY FOR HER OUTSTANDING SERVICE AS A KINDERGARTEN AND SPECIAL EDUCATION TEACHER AT CHARLESTON'S FIRST BAPTIST CHURCH SCHOOL FOR NINETEEN YEARS AND WISHING HER SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1542 -- Senators Martschink, Applegate, Branton, Bryan, Courson, Dennis, Doar, Drummond, Fielding, Garrison, Giese, Hayes, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Patterson, Peeler, Pope, Powell, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Thomas E. Smith, Jr., Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS, THE SECRETARY OF THE INTERIOR, AND THE DEPARTMENT OF THE INTERIOR, NATIONAL PARK SERVICE TO TAKE APPROPRIATE ACTION TO INCLUDE SNEE FARM IN CHARLESTON COUNTY, SOUTH CAROLINA--THE HOME OF CHARLES PINCKNEY, ONE OF AMERICA'S GREATEST PATRIOTS AND STATESMEN--IN THE NATIONAL PARKS SYSTEM OF THE NATIONAL PARK SERVICE.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 1544 -- Senators Setzler, Shealy and Wilson: A CONCURRENT RESOLUTION TO RECOGNIZE MR. REID WAITES OF LEXINGTON COUNTY FOR HIS ACCOMPLISHMENTS AND HIS ATHLETIC ABILITIES IN THE WATER SPORT OF KNEEBOARDING AND TO WISH HIM WELL AS HE PARTICIPATES IN THE 1988 AMERICAN KNEEBOARD ASSOCIATION'S NATIONAL CHAMPIONSHIP IN ZACKERY, LOUISIANA, IN AUGUST, 1988.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was received from the Senate.
Columbia, S.C., May 30, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 2715:
H. 2715 -- Rep. Hodges: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 3 OF ARTICLE XVII OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO DIVORCES, SO AS TO ADD CONTINUOUS SEPARATION BECAUSE OF INCURABLE INSANITY FOR A PERIOD OF THREE YEARS AS A GROUND FOR DIVORCE.
and asks for a Committee of Conference and has appointed Senators Bryan, Pope and Stilwell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 58
Whereupon, the Chair appointed Reps. HODGES, McELVEEN and HUFF to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
S. 1541 -- Senator Long: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE TIME OF THE 1988 GENERAL ELECTION FOR THE REGISTERED ELECTORS OF HORRY COUNTY ON THE QUESTION CONCERNING WHETHER OR NOT THE ELECTORS WISH TO CHANGE THE METHOD OF ELECTION OF THE MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY FROM ELECTION AT LARGE TO ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS.
On motion of Rep. BARFIELD, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
On motion of Rep. BARFIELD, with unanimous consent, it was ordered that S. 1541 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 Arthur Aydlette Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Brown, R. Burriss, J.H. Burriss, M.D. Burriss, T.W. Carnell Chamblee Clyborne Cole Cooper Cork Corning Dangerfield Day Edwards Faber Fair Ferguson Foster Foxworth Gilbert Gordon Gregory Harris, P. Harvin Haskins Hayes Hearn Helmly Hendricks Hodges Holt Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Kohn Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod, E.B. McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Stoddard Taylor Thrailkill Townsend Tucker Waldrop Washington Wells Whipper White Wilder Wilkins Williams Winstead
I came in after the roll call and was present for the Session on May 31, 1988.
Ralph Davenport Larry Blanding Paul M. Burch John J. Snow, Jr. Larry E. Gentry C. Lenoir Sturkie Jean Harris Ken Bailey Dick Elliott Paul Derrick Larry Koon John G. Felder Stephen Lanford Joseph McElveen
STATEMENT OF ATTENDANCE
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Monday, May 30, 1988.
Announcement was made that Dr. Marshall Meadors of Anderson is the Doctor of the Day for the General Assembly.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. J. BRADLEY having the floor.
H. 4304 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR JAMES ISLAND PUBLIC SERVICE DISTRICT, AND TO PROVIDE FOR THE OPERATING BUDGET OF JAMES ISLAND PUBLIC SERVICE DISTRICT FOR FISCAL YEAR 1988-89.
Rep. J. BRADLEY continued speaking.
Further proceedings were interrupted by expiration of time in the local uncontested period, the pending question being consideration of the Bill, Rep. J. BRADLEY having the floor.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
S. 1175 -- Senators Garrison, Horace C. Smith and Waddell: A BILL TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY", TO ESTABLISH A SCHEDULE OF REPORTING INFORMATION NECESSARY TO CALCULATE THE INDEX, TO REQUIRE A TWENTY PERCENT REDUCTION IN FUNDS APPROPRIATED FOR AID TO SUBDIVISIONS FOR A COUNTY IF ITS OFFICIALS FAIL TO REPORT NECESSARY DATA TO THE TAX COMMISSION IN A TIMELY FASHION, TO PROVIDE THAT THE TAX COMMISSION SHALL PROVIDE PRELIMINARY DATA IN THE INDEX TO APPROPRIATE OFFICIALS NOT LATER THAN MARCH FIRST AND A FINAL INDEX NOT LATER THAN MAY FIRST WHICH MAY NOT BE CHANGED DURING THE APPLICABLE SCHOOL YEAR, AND TO AMEND SECTION 12-43-305, RELATING TO PAYMENT OF PROPERTY TAXES WHEN VALUATION IS ON APPEAL, SO AS TO PROVIDE THAT IN THE CASE OF OVERPAYMENTS, THE ASSESSED VALUE FOR THE CURRENT YEAR MUST BE REDUCED BY THE CUMULATIVE AMOUNT OF THE EXCESS ASSESSMENT.
S. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
Rep. RUDNICK moved that the House recur to the morning hour, which was agreed to.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 2947--Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
On motion of Rep. McLELLAN, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
The Ways and Means Committee proposed the following Amendment No. 2 to the Senate Amendments (Doc. No. 4389J), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. This act is enacted to promote the general health and welfare of all South Carolinians and as an incentive to foster economic growth.
SECTION 2. Title 11 of the 1976 Code is amended by adding:
Section 11-37-10. This chapter may be cited as the South Carolina Resources Authority Act.
Section 11-37-20. As used in this chapter, unless a different meaning clearly appears from the context:
(1) 'Authority' means the South Carolina Resources Authority.
(2) 'Bonds' means any bonds, notes, debentures, interim certificates, bond, grant or revenue anticipation notes, or any other evidence of indebtedness of the Authority.
(3) 'Capital reserve fund' means any reserve fund created and established by the Authority pursuant to this chapter.
(4) 'Cost' as applied to any project financed under the provisions of this chapter means the total of all costs incurred by the local government in carrying out all works and undertakings necessary or incidental to the accomplishment of any project. It includes, without limitation, all necessary developmental, planning and feasibility studies, surveys, plans and specifications, architectural, engineering, financial, legal or other special services, the cost of acquisition of land and any buildings and improvements on the land, including the discharge of any obligations of the sellers of the land, buildings or improvements, site preparation and development, including demolition or removal of existing structures, construction and reconstruction, labor, materials, machinery and equipment, the reasonable costs of financing incurred by the local government in the course of the development of the project, carrying charges incurred before placing the project in service, interest on local obligations issued to finance the project to a date subsequent to the estimated date the project is to be placed in service, necessary expenses incurred in connection with placing the project in service, the funding of accounts and reserves which the Authority may require, and the cost of other items which the Authority determines to be reasonable and necessary.
(5) 'Local government' means any county, municipality, special purpose or special service district, or Commission of Public Works of the State and any private eleemosynary water companies, private eleemosynary sewer companies, and private eleemosynary companies which provide both water and sewer services.
(6) 'Local obligations' means any bonds, notes, debentures, interim certificates, bond, grant, or revenue anticipation notes, or any other evidences of a of indebtedness of a local government.
(7) 'Project' means any water supply, sewer system, sewage, wastewater treatment facility or any other project hereafter committed to the Authority by subsequent enactment of the General Assembly.
(8) 'Reserve Fund Requirement' means, as of any particular date of computation, the amount of money designated as the minimum capital reserve fund requirement as established by the resolution of the Authority authorizing the issuance of or by the trust indenture securing, any issue of bonds.
Section 11-37-30. There is created a body politic and corporate known as the South Carolina Resources Authority. The Authority is declared to be a public instrumentality of the state and the exercise by it of any power conferred in this chapter is the performance of an essential public function. The Authority consists of the members, from time to time, of the State Budget and Control Board, ex officio.
Section 11-37-45. The Authority may receive funds from whatever source to use for the operation of the authority, but it may not receive funds appropriated specifically for the Authority after July 1, 1989. Nothing in this section prohibits the transfer of personnel to the Authority from other state agencies.
Section 11-37-50. The Authority shall:
(1) have perpetual succession as a public body corporate and as a political subdivision of the State;
(2) adopt, amend, and repeal bylaws, and regulations not inconsistent with this chapter for the administration of its affairs and the implementation of its functions in accordance with the provisions of Chapter 23 of Title 1;
(3) sue and be sued in its own name;
(4) have an official seal and alter it at will although the failure to affix the seal does not affect the validity of any instrument executed on behalf of the Authority;
(5) make and execute contracts and all other instruments and agreements necessary or convenient for the performance of its duties and the exercise of its powers and functions;
(6) sell, convey, mortgage, pledge, lease, exchange, transfer, and otherwise dispose of all or any part of its properties and assets;
(7) employ agents, advisers, consultants and other employees, including attorneys, financial advisers, engineers, and other technical advisers and public accountants and determine their duties and compensation;
(8) procure insurance against any loss in connection with its property, assets, or activities, including insurance against liability for its acts or the acts of its employees or agents;
(9) procure insurance, guarantees, letters of credit, and other forms of collateral or security from any public or private entitles, including any department, agency, or instrumentality of the United States or the State of South Carolina, for the payment of any bonds issued by it, including the power to pay premiums or fees on any insurance, guarantees, letters of credit, and other forms of collateral or security;
(10) receive and accept from any source aid, grants, and contributions of money, property, labor, or other things of value to be used to carry out the purposes of this chapter subject to the conditions upon which the aid, grants, or contributions are made;
(11) enter into agreements with any department, agency, or instrumentality of the United States or this State for the purpose of planning, regulations, and providing for the financing of any projects;
(12) collect, or authorize the trustee under any trust indenture securing any bonds to collect, amounts due under any local obligations owned by it, including taking the action required to obtain payment of any sums in default;
(13) enter into contracts or agreements for the servicing and processing of local obligations owned by it;
(14) invest or reinvest its funds as provided in Section 11-37-230 or as permitted by applicable law;
(15) unless restricted under any agreement with holders of bonds, consent to any modification with respect to the rate of interest, time, and payment of any installment of principal or interest, or any other term of any local obligations owned by it;
(16) establish and revise, amend and repeal, and collect fees and charges in connection with any activities or services rendered by the authority; and
(17) perform any act necessary or convenient to the exercise of the powers granted or reasonably implied by this chapter.
Section 11-37-60. The Authority may borrow money and issue its bonds in amounts it determines to be necessary or convenient to provide funds to carry out its purposes and powers and to pay all costs and expenses incurred in connection with the issuance of bonds. The total principal amount of bonds outstanding at any one time may not exceed the sum of two hundred million dollars and its provisions may not constitute an obligation of any contract made in the issuance of bonds of the Authority.
Section 11-37-70. The Authority may:
(1) issue bonds to renew or pay bonds, including the interest;
(2) whenever it considers refunding expedient, refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured; and
(3) issue bonds partly to refund bonds then outstanding and partly for its own purposes. The refunding bonds may be exchanged for the bonds to be refunded or they may be sold and the proceeds applied to the purchase, redemption, or payment of the bonds to be refunded. The amount of the refunding bonds issued by it may not be included in the total of outstanding bonds for purposes of the limitation on the amount of bonds which may be issued by the Authority.
Section 11-37-80. The Authority may pledge any of its revenue or funds to the payment of its bonds, subject only to any prior agreements with the holders of particular bonds which may have pledged specific money or revenue. Bonds may be secured by a pledge of any local obligation owned by the Authority, any grant, contribution, or guaranty from the United States, the State or any corporation, association, institution, or person, any other property or assets of the Authority, or a pledge of any money, income, or revenue of the Authority from any source.
Section 11-37-90. Bonds issued by the Authority do not constitute a debt or a pledge of the faith and credit of the State of South Carolina, or any of its political subdivisions other than the Authority, but are payable solely from the revenue, money or property of the Authority as provided for in this chapter. The bonds issued do not constitute an indebtedness of the State within the meaning of any state constitutional or statutory limitation. No member of the Authority or any person executing bonds of the Authority is liable personally on the bonds by reason of their issuance or execution. Each bond issued under this chapter must contain on its face a statement to the effect that:
(1) neither the State, nor any of its political subdivisions, nor the Authority is obligated to pay the principal of, or interest on the bond or other costs incident to the bond except from the revenue, money, or property of the Authority pledged;
(2) neither the faith and credit nor the taxing power of the State, or any of its political subdivisions, is pledged to the payment of the principal of, or interest on the bond.
Section 11-37-100. The bonds of the Authority must be authorized by a resolution of the Authority. The bonds must bear the date and mature at the time which the resolution provides, except that no bond may mature more than thirty years from its date of issue. The bonds may be in the denominations, be executed in the manner, be payable in the medium of payment, be payable at the place and at the time, and be subject to redemption or repurchase and contain other provisions determined by the Authority prior to their issuance. The bonds may bear interest payable at a time and at a rate as determined by the Authority pursuant to the provisions of Section 11-9-350, including the determination by agents designated by the Authority under guidelines established by it. Bonds may be sold by the Authority at public or private sale at the price it determines and approves.
The State Treasurer shall issue the bonds of the Authority not later than sixty days upon the resolution of the Authority authorizing the issuance of the bonds. The Authority must only issue bonds for those projects recommended to the Authority by the Water Resources Coordinating Council, as established in Section 11-37-200.
Section 11-37-105. In addition to the amount of bonds authorized by the Authority, the State Treasurer shall include in the bond issue any fees and cost incurred by the Jobs Economic Development Authority to receive, research, investigate and process any applications for projects not to exceed one hundred thousand dollars in any one fiscal year. Jobs Economic Development Authority shall submit quarterly requests for reimbursement by the Authority for costs incurred.
Section 11-37-110. (A)Bonds may be secured by a trust indenture between the Authority and a corporate trustee, which may be the State Treasurer or any bank having trust powers or any trust company, designated by the State Treasurer doing business in South Carolina. A trust indenture may contain provisions for protecting and enforcing the rights and remedies of the bondholders which are reasonable and proper, including covenants setting forth the duties of the Authority in relation to the exercise of its powers and the custody, safekeeping, and application of its money. The Authority may provide by the trust indenture for the payment of the proceeds of the bonds and all or any part of the revenues of the Authority to the trustee under the trust indenture or to some other depository, and for the method of its disbursement with safeguards and restrictions prescribed by it. All expenses incurred in performing the obligations of the Authority under the trust indenture may be treated as part of its operating expenses.
(B) Any resolution or trust indenture pursuant to which bonds are issued may contain provisions which are part of the contract with the holders of the bonds as to:
(1) pledging all or any part of the revenue of the Authority to secure the payment of the bonds;
(2) pledging all or any part of the assets of the Authority including local obligations owned by it, to secure the payment of the bonds;
(3) the use and disposition of the gross income from, and payment of the principal of, and interest on local obligations owned by the Authority;
(4) the establishment of reserves, sinking funds, and other funds and accounts, and their regulation and disposition;
(5) limitations on the purposes to which the proceeds from the same of the bonds may be applied, and limitations pledging the proceeds to secure the payment of the bonds;
(6) limitations on the issuance of additional bonds, the terms upon which additional bonds may be issued and secured, and the refunding of outstanding or other bonds;
(7) the procedure, if any, by which the terms of any contract with bondholders may be amended or abrogated, the amount of bonds, if any, the holders of which must consent to, and the manner in which any consent may be given;
(8) limitations on the amount of money to be expended by the Authority for its operating expenses;
(9) vesting in a trustee property, rights, powers, and duties as the Authority may determine, limiting or abrogating the right of bondholders to appoint a trustee, and limiting the rights, powers, and duties of the trustee;
(10) defining the acts or omissions which constitute a default, the obligations or duties of the Authority to the holders of the bonds, and the rights and remedies of the holders of the bonds in the event of default, including as a matter or right the appointment of a receiver, and all other rights generally available to creditors;
(11) requiring the Authority or the trustee under the trust indenture to take any and all other action to obtain payment of all sums required to eliminate any default as to any principal of, and interest on local obligations owned by the Authority or held by a trustee, which may be authorized by the laws of this State; and
(12) any other matter, relating to the terms of the bonds or the security or protection of the holders of the bonds which may be considered appropriate.
Section 11-37-120. Any pledge made by the Authority is valid and binding from the time the pledge is made. The revenue, money, or property pledged and thereafter received by the Authority is immediately subject to the lien of the pledge without any physical delivery or further act. The lien of any pledge is valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the Authority, irrespective of whether the parties have notice of the pledge. No recording or filing of the resolution authorizing the issuance of bonds, the trust indenture securing bonds or any other instrument, including filings under the Uniform Commercial Code is necessary to create or perfect any pledge or security interest granted by the Authority to secure any bonds, but the record of the proceedings relative to the issuance of any bonds must be filed as prescribed by Section 11-15-20.
Section 11-37-130. The Authority, subject to agreements with bondholders as may then exist, may purchase outstanding bonds of the Authority with any available funds, at any reasonable price. If the bonds are then redeemable, the price shall not exceed the redemption price then applicable plus accrued interest to the next interest payment date.
Section 11-37-140. Bonds of the Authority must be in a form and must be executed in a manner prescribed by the Authority.
Section 11-37-150. In the event that any of the members or officers of the Authority cease to be members before the delivery of any bonds signed by them, their signatures or authorized facsimile signatures are nevertheless valid and sufficient for all purposes as if they had remained in office until the delivery of the bonds.
Section 11-37-160. Subsequent amendments to this chapter may not limit the rights vested in the Authority with respect to any agreements made with, or remedies available to, the holders of bonds issued under this chapter before the enactment of the amendments until the bonds, with all premium and interest on them, and all costs and expenses in connection with any proceeding by or on behalf of the holders, are fully met and discharged.
Section 11-37-170. (A)(1) The Authority may create and establish one or more capital reserve funds and may pay into each capital reserve fund any:
(a) monies appropriated and made available by the State for the purpose of such a fund;
(b) proceeds of the sale of bonds of the Authority to the extent provided in the resolution authorizing the issuance of, or the trust indenture securing, the bonds; and
(c) other monies which may be made available to the Authority for the purpose of such a fund from any other source. All monies held in any capital reserve fund, except as provided in this chapter must be used solely for the payment, when due, of the principal of, and interest on the bonds secured in whole or in part by such a fund. If monies in any such fund is less than the Reserve Fund Requirement established upon the issuance of any bonds for the fund, the Authority may not use the monies for any optional purchase or redemption of bonds until the Reserve Fund Requirement is fully restored. Any income or interest earned on, or increment to, any capital reserve fund due to its investment may be transferred by the Authority to its other funds or accounts if it does not reduce the amount in the capital reserve fund below the Reserve Fund requirement.
(2) The Authority may not at any time issue bonds secured in whole or in part by any capital reserve fund, if upon the issuance, the amount in the capital reserve fund is less than the Reserve Fund Requirement unless it, at the time of issuance of the bonds, deposits in the fund an amount which, together with the amount then in the fund, is not less than the fund's Reserve Fund Requirement.
(B) The Authority may create and establish other funds as necessary or desirable for its corporate purposes.
(C) Nothing in this section may be construed as limiting the power of the Authority to issue bonds not secured by a capital reserve fund.
Section 11-37-180. The Authority, with any funds of the Authority available for such a purpose, may purchase and acquire, on terms and in a form determined by the Authority, local obligations to finance or refinance the cost of any project. Prior to entering into any agreement with the Authority, the local government must demonstrate to the satisfaction of the Authority that traditional financing sources are not available for the project. Two letters of declination, from financial institutions normally engaged in this financing, satisfy this requirement. The Authority may pledge to the payment of any bonds all or any portion of the local obligations purchased. The Authority, subject to any pledge, may also sell any local obligations so purchased, and apply the proceeds of the sale to the purchase of other local obligations for financing or refinancing the cost of any project or for any other of its corporate purposes.
The Authority may require, as a condition to the purchase of any local obligation, the local government issuing an obligation to perform any of the following:
(1) establish and collect rents, rates, fees, and charges to produce revenue sufficient to pay all or a specified portion of:
(a) the costs of operation, maintenance, replacement, renewal, and repairs of the project;
(b) any outstanding indebtedness incurred for the purposes of the project, including the principal of and interest on the local obligations issued by the local government to the Authority; and
(c) any amounts necessary to create and maintain any required reserve, including any rate stabilization fund considered necessary or appropriate by the Authority to offset the need, in whole or part, for future increases in rents, rates, fees, or charges.
(2) create and maintain a special fund for the payment of the principal of and interest on any local obligations and any other amounts becoming due under any agreement entered into in connection with the local obligation, or for the operation, maintenance, repair, or replacement of the project or any portions of it or other property of the local government, and deposit into any fund amounts sufficient to make any payments as they become due and payable;
(3) create and maintain other special funds as required by the Authority; and
(4) perform other acts, including the conveyance of real and personal property together with all right, title, and interest in the property to the Authority, or take other actions considered necessary or desirable by the Authority to secure payment of the principal of, and interest on the local obligations and to provide for the remedies for the Authority or other holder of the local obligations in the event of any default by the local government in the payment, including, without limitation, any of the following:
(a) the procurement of insurance, guarantees, letters of credit and other forms of collateral, security, liquidity arrangements or credit supports for local obligations from any source, public or private, and the payment of premiums, fees, or other charges;
(b) the payment of the allocable shares of local governments, as determined by the Authority, of any costs, fees, charges, or expenses attributable to insurance, guarantees, letters of credit, and other forms of collateral, security, liquidity arrangements or credit supports incurred in connection with the issuance of bonds by the Authority to acquire local obligations of one or more local governments. The determination of the allocable shares may be made by the Authority on any reasonable basis;
(c) the combination of one or more projects, or the combination of one or more projects with one or more other undertakings, facilities, utilities, or systems, for the purpose of operations and financing, and the pledging of the revenues from the combined projects, undertakings, facilities, utilities, and systems to secure local obligations issued in connection with the combination or any part of it;
(d) the payment of the allocable shares of the local governments, as determined by the Authority on any reasonable basis, of rate stabilization funds established or required by the Authority in connection with the issuance of bonds by the Authority to acquire local obligations of two or more local governments.
All local governments issuing and selling local obligations to the Authority may perform any acts, take any action, adopt any proceedings and make and carry out any contracts with the Authority which are contemplated by this chapter. The contracts need not be identical among all participants in financings of the Authority, but may be structured as determined by the Authority according to the needs of the contracting local governments and the Authority.
All Statutes permitting local governments to borrow money and issue bonds (including both general obligation and revenue bonds) may be utilized by any local government borrowing money from the Authority to the full extent permitted by the Constitution and the Statutes.
Section 11-37-190. The State may make, but is not required to make, grants of money or property to the Authority for the purpose of enabling it to carry out its corporate purposes and for the exercise of its powers, including deposits to capital reserve funds. This section may not be construed to limit any other power to make grants to the Authority.
Section 11-37-200. (A) There is established by this section the Water Resources Coordinating Council which shall establish the priorities for all sewer, wastewater treatment, and water supply facility projects addressed in this chapter, except as otherwise established by Section 48-6-40. The council shall consist of the Commissioner of the Department of Health and Environmental Control, the Executive Director of the Water Resources Commission, the Director of the Division of Local Government of the Budget and Control Board, the Chairman of the Coordinating Council on Economic Development, the Chairman of Jobs-Economic Development Authority, the Chairman of the House Ways and Means Committee, and the Chairman of the Senate Finance Committee. These representatives may designate a person to serve in their place on the council, and the Governor shall appoint the chairman from among the membership of the council for a one-year term. The council shall establish criteria for the review of applications for projects. Applications must be reviewed by the council prior to the first day of March in each year. Following the first day of March, the council shall determine priorities for recommending projects during that year for the timely applications. The council after evaluating applications shall notify the Authority of the recommended projects. The South Carolina Jobs Economic Development Authority shall provide the staff to receive, research, investigate, and process applications for projects made to the Coordinating Council and assist in the formulating of priorities. Upon notification by the council, the Authority shall proceed under the provision of this chapter. The Authority may consider applications for projects based upon the existence of a documented emergency consistent with regulations that may be promulgated by the Authority. In determining which local governments are to receive grants, the local governments shall provide not less than a fifty percent match for any project. The Authority may provide financing for the local matching funds on terms and conditions determined by the Authority.
(B) The duties of the Water Resources Coordinating Council are:
(1) establish procedures for receipt of applications;
(2) in cooperation with the Authority, establish criteria for funding priorities. These priorities, in compliance with the provisions of Chapter 23 of Title 1, must include, but are not limited to, the following factors:
(a) regional development - the need for multi-jurisdictional projects and the cooperation and coordination for regional economic development projects;
(b) development potential - the degree to which economic development activity can be stimulated in any given area and infrastructure used as a proactive economic development tool;
(c) economic impact - the degree to which jobs and income can be generated if the infrastructure improvements were made;
(d) local commitment and initiative - the availability of the local fifty percent match and local recognition of complimentary infrastructure needs including, but not limited to, such needs as transportation;
(e) infrastructure need - the degree to which specific infrastructure problems can be addressed and solved;
(f) area economic need - the degree of local 'distress' and need for economic assistance, particularly in less-developed or rural areas of the State;
(g) creditworthiness - the financial soundness of the infrastructure project, including the availability or lack of it of other funds to finance the infrastructure project;
(h) public health and welfare - to meet public health and welfare requirements within the local area;
(3) The Council must provide to the Authority, on an as-needed basis, technical assistance from their respective agencies for purposes of screening funding applications;
(4) The Council shall establish the funding priorities. The Authority may not deviate from the priorities established by the council except for emergency projects as previously described.
Section 11-37-210. The Authority in performing an essential governmental function in the exercise of the powers conferred upon it, is not required to pay any taxes or assessments upon any project or any property or upon any of its operations or the income from them, or any taxes or assessments upon any project or any property or local obligation acquired or used by the Authority or upon the income from them. Any bonds issued by the Authority, the transfer of bonds and the income from them, is free from taxation and assessment of every kind by the State and by the local governments and other political subdivisions of the State.
Section 11-37-220. The bonds issued by the Authority are legal investments in which all public officers or public bodies of the State, its political subdivisions, all municipalities and political subdivisions, all insurance companies and associations and other persons carrying on insurance business, all banks, bankers, banking associations, trust companies, savings banks, savings associations, including savings and loan association investment companies, and other persons carrying on a banking business, all administrators, guardians, executors, trustees, and other fiduciaries, and all other persons who are now or may be authorized in the future to invest in bonds or other obligations of the State, may invest funds, in their control or belonging to them. The bonds of the Authority are also securities which may be deposited with and received by all public officers and bodies of the State or any agency or political subdivision of the State and all municipalities and public corporations for any purpose for which the deposit of bonds or other obligations of the State is now or may later be required by law.
Section 11-37-230. All money of the Authority, except as otherwise authorized by law or provided in this chapter, must be deposited with and invested by the State Treasurer. Funds of the Authority not needed for immediate use or disbursement, including any funds held in any capital reserve fund, may be invested by the State Treasurer in obligations or securities which are declared to be legal obligations by the provisions of Chapter 5 of Title 6, Section 11-9-660, and Section 11-9-661.
Section 11-37-240. The Authority shall submit, following the close of each fiscal year, an annual report of its activities for the preceding year to the Governor and to the members of the General Assembly. Each report shall set forth a complete operating and financial statement of the Authority during the fiscal year it covers. The State Auditor, or upon his approval, an independent certified public accountant shall perform an audit of the books and accounts of the Authority at least once in each fiscal year.
Section 11-37-250. The provisions of this chapter must be liberally construed to the end that its beneficial purposes may be effectuated. No proceedings, notice, or approval is required for the issuance of any bonds of the Authority or any instruments or the security thereof, except as provided in this chapter. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter are controlling.
Section 11-37-260. If at any time any local government fails to effect the punctual payment of the principal of or interest on its local obligations, the State Treasurer shall withhold from the local government sufficient monies from any state appropriation to the local government and apply so much as is necessary to the payment of the principal of and interest on the local obligation of the government. All appropriations of local governments of the State are subject to the provisions of this section. If the local government does not receive state aid in an amount necessary to repay the obligation, the Comptroller General may levy and require the applicable county treasurer to collect and remit to the Authority an ad valorem tax sufficient to meet the obligation only after prior approval of the governing body that levies taxes for that local government."
SECTION 3. Chapter 6, Title 48 of the 1976 Code, as added by Section 31, Part II, Act 170 of 1987, is amended to read:
Section 48-6-10. As used in this chapter:
(1) 'Department' means the South Carolina Department of Health and Environmental Control.
(2) 'Board Authority' means the South Carolina Budget and Control Board.
(3) 'Agency' means the United States Environmental Protection Agency.
(4) 'Council' means the Water Resources Coordinating Council established by Executive Order Number 87-12 pursuant to Section 41-44-190.
(5) 'Project sponsor' means any county, municipality, intermunicipal, interstate, state agency, or other eleemosynary entity created pursuant to the laws of this State which is empowered to enter into a debt obligation special purpose district as defined in the Federal Clean Water Act and associated regulations.
(6) 'Fund' means the money initially derived from capitalization grants pursuant to the Federal Clean Water Act and associated state match money, as well as repayments of all principal and interest on loans made from the 'fund' and any other money as may be committed to the fund.
(7) 'Loan agreement' means the agreement made between a project sponsor and the board Authority which provides for state assistance to the project sponsor and for the repayment thereof by the project sponsor.
(8) 'Priority system' means the priority ranking system utilized by the department to rank proposed wastewater projects pursuant to the Federal Clean Water Act.
(9) 'Project' means any undertaking for the treatment and disposal of wastewater, or other project as defined under the Clean Water Act and approved in the department's annual work plan and approved by the agency.
(10) 'State grants' means money to be made available to local units for the purpose of defraying costs incidental to any eligible project.
(11) 'Special tax' means the ad valorem tax to be imposed upon all taxable property of the project sponsor by reason of the requirements of any loan agreement.
Section 48-6-20. (A) There is created a revolving fund program. The board Authority shall manage funds and administer loans from the fund. Funds must be used only:
(1) to make loans to project sponsors in accordance with specifications of this act;
(2) to buy or refinance the debt obligation of a project sponsor at or below market rates, where a debt obligation was incurred after March 7, 1985;
(3) to guarantee, or purchase insurance for, local obligations where such action would improve credit market access or reduce interest rates;
(4) as a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued if the proceeds of the sale of the bonds will be deposited in the fund;
(5) to provide loan guarantees for similar revolving funds established by the project sponsor;
(6) to earn interest on fund accounts; and
(7) for the reasonable costs of the board Authority and the department for administering the fund and conducting activities under this act.
(B) (1) The department shall deposit in the fund federal money allocated for the purpose of establishing a State Revolving Fund pursuant to the Federal Clean Water Act.
(2) The board Authority shall deposit in the fund state money appropriated to carry out the provisions of this chapter in a manner consistent with and to the extent necessary to match those federal funds allocated to the State under the provisions of the Federal Clean Water Act for the purpose of making loans to project sponsors.
(3) The board Authority shall annually deposit in the fund all receipts from the repayment of loans made pursuant to this chapter.
Section 48-6-30. Earnings on balances in the fund must be credited to the fund. Money remaining in the fund at the end of any fiscal year accrues only to the credit of the fund. Fund balances must be awarded in perpetuity.
Section 48-6-40. The department is empowered:
(1) to promulgate regulations, with board Authority input, to effectuate the provisions of this chapter. Initial regulations must be promulgated within twelve months of the effective date of this chapter;
(2) to develop a priority system as specified in Title II of the Federal Clean Water Act and to rank projects for which loan applications priority questionnaires have been received. This priority system shall at a minimum ensure consistency with the Federal Clean Water Act.
(3) to coordinate with the council on setting funding priorities for those state and federal funds not specified by the Clean Water Act.
(4) to prepare an annual plan for agency approval in accordance with the Federal Clean Water Act after providing for input from the board Authority and public comment and review;
(5) to enter into binding agreements as necessary with the agency to effect the implementation of this chapter.
Section 48-6-50. The board Authority is empowered:
(1) to manage the fund;
(2) to ensure that state money which constitutes the twenty percent match of agency funds is deposited to the fund upon or prior to the receipt of agency funds;
(3) to enter into loan agreements with project sponsors and ensure that the loan agreements are properly executed;
(4) to assist project sponsors in developing capital financing plans;
(5) to establish fiscal controls and accounting procedures to ensure proper accounting of funds;
(6) to collect fees from project sponsors;
(7) to deposit in the fund all receipts from the repayment of loans made pursuant to this act;
(8) to disperse monies from the fund to the department and the <board> Authority for fund and program management;
(9) to prepare an annual report with input from the department for the Governor and General Assembly, and make an annual report to the agency in accordance with the requirements of the Federal Clean Water Act.;
(10) to coordinate with the department to enter jointly into binding agreements with the agency to effect implementation of this chapter.
Section 48-6-60. All project sponsors are empowered:
(1) to undertake projects;
(2) to make application for and to receive assistance;
(3) to comply with regulations relating to the receipt and disposition of money of the fund;
(4) to apply for and receive state grants;
(5) to enter into loan agreements;
(6) to comply with all terms and conditions of any loan agreement.
Section 48-6-70. (A) Criteria for loans under this chapter must be developed by the department in concert with the board Authority and shall include relevant provisions of federal and state law and regulations.
(B) The loan agreement must be written by the project sponsor such that, upon any failure of the project sponsor to make payment to the board Authority in accordance with the time schedule fixed by the repayment schedule of the amount prescribed by the schedule, the board Authority may without further action require the State Treasurer and the Comptroller General to pay to the board Authority the amount of other state aid as the project sponsor unit may become entitled to until all delinquent payments under the repayment schedule, plus interest from the date of each delinquency at the rate of six percent a year, have been paid. In the event the project sponsor is a special purpose district and receives no other state aid, the agreement must prescribe that the Comptroller General may levy and require the applicable county treasurer to collect and remit to the board Authority, a special tax required by the loan agreement.
The claim of the State against other state aid of a defaulting project sponsor is a first lien."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. J. BRADLEY having the floor.
H. 4304 -- Charleston Delegation: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1988-89 FOR JAMES ISLAND PUBLIC SERVICE DISTRICT, AND TO PROVIDE FOR THE OPERATING BUDGET OF JAMES ISLAND PUBLIC SERVICE DISTRICT FOR FISCAL YEAR 1988-89.
Rep. WHITE moved to continue the Bill, which was agreed to.
The following Joint Resolution was taken up.
H. 4305 -- Rep. Barfield: A JOINT RESOLUTION TO PROVIDE FOR AN ADVISORY REFERENDUM TO BE HELD AT THE TIME OF THE 1988 GENERAL ELECTION FOR THE REGISTERED ELECTORS OF HORRY COUNTY ON THE QUESTION CONCERNING WHETHER OR NOT THE ELECTORS WISH TO CHANGE THE METHOD OF ELECTION OF THE MEMBERS OF THE COUNTY BOARD OF EDUCATION FOR HORRY COUNTY FROM ELECTION AT LARGE TO ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS.
Rep. BARFIELD moved to table the Joint Resolution, which was agreed to.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 4311 -- Reps. E.B. McLeod, Blanding, McElveen, G. Brown and Baxley: A BILL TO AMEND ACT 470 OF 1971, AS AMENDED, RELATING TO THE VOCATIONAL EDUCATION SCHOOL FOR SUMTER COUNTY, SO AS TO PROVIDE THAT TWO MEMBERS OF THE CAREER CENTER BOARD OF TRUSTEES MUST BE APPOINTED BY THE SUMTER COUNTY LEGISLATIVE DELEGATION, TO REQUIRE THE IMMEDIATE APPOINTMENT OF A SUCCESSOR TO A MEMBER OF THE CAREER CENTER BOARD UPON THE EXPIRATION OF HIS TERM, TO DELETE REFERENCES TO NONEXISTENT BOARDS AND COMMISSIONS AND TO REPLACE THEM WITH THEIR PRESENT COUNTERPARTS, TO PROVIDE FOR A DIRECTOR OF THE CAREER CENTER TO ACT AS SUPERVISOR AND FISCAL AGENT FOR THE SCHOOL, TO PROVIDE FOR EQUAL EQUITY IN SCHOOL PROPERTY BY SCHOOL DISTRICTS 2 AND 17 OF SUMTER COUNTY, AND TO DELETE REQUIREMENTS FOR APPROVAL OF TAX LEVIES MADE FOR THE SCHOOL BY THE COUNTY GOVERNING BODY.
S. 1507 -- Senator Williams: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA MAGISTRATES' ASSOCIATION, INC. IN LEXINGTON COUNTY.
S. 1526 -- Senators Nell W. Smith and Stilwell: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF C & J TEXTILE MACHINERY AND SUPPLIES, INC., IN GREENVILLE COUNTY.
S. 1535 -- Senator Dennis: A BILL TO REPEAL ACT 579 OF 1980 RELATING TO THE MAGISTRATE FOR HILTON'S CROSS ROADS IN BERKELEY COUNTY.
H. 4259 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, RELATING TO LICENSURE, FEES, SUPERVISORS, QUALIFYING EXAMINATIONS, AND CODE OF ETHICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 912, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
On motion of Rep. BLANDING, with unanimous consent, it was ordered that H. 4311 be read the third time tomorrow.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, June 1, which was adopted.
S. 1430 -- Senator Hayes: A BILL TO AMEND ACT 176 OF 1987, RELATING TO THE ESTABLISHMENT OF THE LAKE WYLIE MARINE COMMISSION, SO AS TO MAKE TECHNICAL CHANGES.
The following Joint Resolution was taken up.
S. 1528 -- Senators Moore and Shealy: A JOINT RESOLUTION TO AUTHORIZE THE AIKEN COUNTY BOARD OF EDUCATION TO LEVY EIGHTY-FOUR MILLS FOR FISCAL YEAR 1988-89 WHICH ONLY MAY BE USED FOR THE OPERATIONS OF THE SCHOOL DISTRICT.
Reps. RUDNICK, HUFF, SHARPE, JONES, GENTRY and PETTIGREW proposed the following Amendment No. 1 (Doc. No. 4419J), which was adopted.
Amend the resolution, as and if amended, in SECTION 1, page 1, line 20, by striking /The/ and inserting /Beginning with the 1988-89 fiscal year and each year thereafter, the/ and on lines 21 and 22 by striking /for fiscal year 1988-89/.
Amend title to conform.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
S. 1420 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-73-455, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO REVISE ONE OF THE CONDITIONS WHICH ALLOWS AN INSURER TO WRITE AN APPLICANT AT THE OBJECTIVE STANDARDS RATE RATHER THAN THE BASE RATE, AND TO PROVIDE THAT THIS SECTION DOES NOT APPLY TO SMALL COMMERCIAL RISKS.
Reps. J. BRADLEY and MAPPUS proposed the following Amendment No. 14 (Doc. No. 4179J), which was adopted.
Amend the Report of the Committee on Labor, Commerce and Industry, as and if amended, in Section 38-73-735 of the 1976 Code by inserting immediately after /insurance/ as contained on line 30 of page [1420-6] the following:
/or unless the credit or discount is given solely for use of vehicle anti-theft or safety devices/.
Amend the bill further, as and if amended, by striking the unnumbered section which amends Section 38-73-735 of the 1976 Code which section was added to the bill by the amendment of Representative Mappus dated May 18, 1988 (Document No. 4069J).
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Reps. McABEE and RUDNICK proposed the following Amendment No. 15, which was ruled out of order.
Amend as and if amended, that the Insurance Commissioner of S.C. shall be elected for a four (4) year term.
Rep. RUDNICK explained the amendment.
Rep. T.M. BURRISS raised the Point of Order that Amendment No. 15 was out of order as it was not germane to the Bill.
The SPEAKER sustained the Point of Order.
Rep. J. BRADLEY proposed the following Amendment No. 16 (Doc. No. 4292J), which was adopted.
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _____. Section 38-77-590(f) of the 1976 Code is amended to read:
"(f) The designation of a producer by the Commissioner or the governing board is transferable to a spouse, child, parent, brother, or sister of the producer upon the designated producer's retirement, incapacity, or death. The duties of a designated producer may be performed by one or more qualified employees of the producer or the producer's corporate agency. A producer may at any time sell his designation to another person with the pre-approval of the governing board."/
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted.
Rep. AYDLETTE proposed the following Amendment No. 17, which was tabled.
Amend as and if amended, by putting in the appropriate place, the following: "All PIP coverages are subject to co-ordination of benefits with group hospitalization policies. Further, PIP coverages are only available to the named insured and family members living in his or her household."
Rep. AYDLETTE explained the amendment.
The SPEAKER granted Rep. BLANDING a temporary leave of absence.
Rep. AYDLETTE continued speaking.
Rep. J. BRADLEY spoke against the amendment.
Rep. GREGORY moved to table the amendment, which was agreed to by a division vote of 55 to 19.
Rep. GREGORY moved immediate cloture on the entire matter.
Rep. MAPPUS demanded the yeas and nays, which were not ordered.
The motion to invoke immediate cloture was agreed to by a division vote of 49 to 22.
Rep. J. BRADLEY proposed the following Amendment No. 18 (Doc. No. 3816J), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _____. There shall be no discrimination in this State by any means or in any manner whatsoever, against any licensed health care provider licensed by the State with respect to diagnosis and treatment of condition nor shall referral of any type be a condition precedent for care by a licensed health care provider./
Renumber sections to conform.
Amend title to conform.
Rep. J. BRADLEY explained the amendment.
The amendment was then adopted by a division vote of 38 to 13.
Reps. KOON, HEARN, CORNING, T.M. BURRISS, FOXWORTH, J.H. BURRISS and L. MARTIN objected to the Bill.
The following Bill was taken up.
S. 1240 -- Senator Waddell: A BILL TO AMEND SECTION 12-37-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO PROVIDE THAT ALL NEW CORPORATE HEADQUARTERS, CORPORATE OFFICE FACILITIES, DISTRIBUTION ESTABLISHMENTS, AND ALL ADDITIONS TO EXISTING HEADQUARTERS, OFFICE FACILITIES, OR DISTRIBUTION ESTABLISHMENTS IN SOUTH CAROLINA, IF THE COST IS FIFTY THOUSAND DOLLARS OR MORE AND SEVENTY-FIVE OR MORE NEW FULL-TIME JOBS ARE CREATED IN SOUTH CAROLINA, QUALIFY FOR THE FIVE YEAR ABATEMENT FROM ORDINARY COUNTY PROPERTY TAXES OF NEW MANUFACTURING ESTABLISHMENTS; TO ESTABLISH WITHIN THE OFFICE OF THE GOVERNOR AN ECONOMIC DEVELOPMENT INCENTIVE FUND FROM WHICH PAYMENTS OF UP TO FIVE HUNDRED THOUSAND DOLLARS MAY BE MADE DIRECTLY TO QUALIFIED CORPORATIONS OR COMPANIES TO OFFSET THE COSTS ASSOCIATED WITH ESTABLISHING THE CORPORATIONS' OR COMPANIES' HEADQUARTERS IN THIS STATE; AND TO PROVIDE THAT QUALIFYING CORPORATIONS ESTABLISHING A HEADQUARTERS OR ADMINISTRATIVE OPERATION IN THIS STATE, OR ADDING TO AN EXISTING HEADQUARTERS OR OPERATION, ARE ALLOWED A CORPORATE INCOME TAX CREDIT EQUAL TO TWENTY PERCENT OF CERTAIN DEVELOPMENT OR CONSTRUCTION COSTS.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 3615J), which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE 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. EDWARDS, with unanimous consent, it was ordered that S. 1240 be read the third time tomorrow.
The following Joint Resolution was taken up.
H. 4256 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO SEA TURTLE PROTECTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 969, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. PEARCE moved to table the Joint Resolution, which was agreed to.
The following Joint Resolution was taken up.
H. 4258 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF SOCIAL WORK EXAMINERS, RELATING TO CONTINUING EDUCATION AND FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 959, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. WHITE explained the Joint Resolution.
Rep. KLAPMAN moved to commit the Joint Resolution to the Committee on Ways and Means.
Rep. FOSTER moved to table the motion, which was agreed to by a division vote of 35 to 5.
The question then recurred to the passage of the Joint Resolution on second reading, which was agreed to.
The following Bill was taken up.
S. 47 -- Senator Fielding: A BILL TO REPEAL SECTION 16-3-658, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT, UNDER THE PROVISIONS OF SECTIONS 16-3-651 THROUGH 16-3-659.1, IF A VICTIM IS HIS LEGAL SPOUSE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3750J).
Amend the bill, as and if amended, in Section 16-3-658 of the 1976 Code, as contained in SECTION 1, page 1, line 36, by striking /sixty/ and inserting /fifteen/ so that when amended Section 16-3-658 shall read:
/Section 16-3-658. A person cannot be guilty of criminal sexual conduct under Sections 16-3-651 to 16-3-659.1 if the victim is his legal spouse, unless the couple are living apart, by reason of court order, and the actor's conduct constitutes criminal sexual conduct in the first degree or second degree as defined by Sections 16-3-652 and 16-3-653.
The actor's conduct must be reported to appropriate law enforcement authorities within fifteen days and a charge made in order for a person to be prosecuted for these offenses./
Amend further in Section 16-3-615 of the 1976 Code, as contained in SECTION 2, page 1, lines 44 and 45, by striking /coercion, as defined in Section 16-3-651(b)/ and inserting /force, defined as the use of physical force or physical violence of a high and aggravated nature to overcome the victim,/; and on page 2, line 7, by striking /sixty/ and inserting /fifteen/ so that when amended Section 16-3-615 shall read:
/Section 16-3-615. Sexual battery, as defined in Section 16-3-651(h), when accomplished through use of aggravated force, defined as the use of physical force or physical violence of a high and aggravated nature to overcome the victim, by one spouse against the other spouse if they are living together, constitutes the crime of spousal sexual battery and, upon conviction, is punishable according to the discretion of the court.
The offending spouse's conduct must be reported to appropriate law enforcement authorities within fifteen days and a charge made in order for that spouse to be prosecuted for this offense."/
Amend title to conform.
Rep. NETTLES explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. NETTLES having the floor.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4335 -- Reps. Sheheen, J. Rogers, Carnell, Dangerfield, Foster, P. Harris, Huff, McLellan, Pearce, L. Phillips, Washington, White, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, J.H. Burriss, M.D. Burriss, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Faber, Fair, Felder, Ferguson, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pettigrew, Petty, O. Phillips, Rhoad, Rice, T. Rogers, Rudnick, Sharpe, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Wells, Whipper, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO J. MAC HOLLADAY, WHO RECENTLY RESIGNED AS DIRECTOR OF THE STATE DEVELOPMENT BOARD, FOR HIS SUPERB ACCOMPLISHMENTS ON BEHALF OF SOUTH CAROLINA IN ECONOMIC DEVELOPMENT AND TO WISH HIM CONTINUED EXCEPTIONAL SUCCESS IN HIS FUTURE ENDEAVORS.
Whereas, the members of the General Assembly recently learned, with extreme regret, of the resignation of a dedicated and highly effective public servant, J. Mac Holladay, Director of the State Development Board; and
Whereas, Mac Holladay began his exceptional career in economic development as staff vice-president of his hometown Memphis, Tennessee, Chamber of Commerce, moving to Columbus, Indiana, as president of its chamber, then arriving in this State as head of the Charleston Trident Chamber where after six years of impressive service he was appointed Director of the State Development Board by then Governor Richard W. Riley who recognized his superlative ability; and
Whereas, under his tenure of splendid leadership, numerous development projects materialized and were finalized including numerous large companies such as Mack Trucks and Dayco as well as many smaller but prosperous firms; and
Whereas, in recognition of the superb achievement in economic development by Mac Holladay and the staff he led, the State Development Board was honored by prestigious SITE SELECTION magazine as being among the ten best development agencies in the nation; and
Whereas, the corporation for Enterprise Development has given South Carolina a glowing report for economic attainments, and under the Mac Holladay regime investment in South Carolina has soared to an all-time record high; and
Whereas, the Holladay success will be extremely difficult to equal but, due to his masterful planning and the proficient organization he has established, the economic development of South Carolina should be abundantly fruitful. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of the State of South Carolina express their sincere appreciation to J. Mac Holladay, who recently resigned as Director of the State Development Board, for his superb accomplishments on behalf of South Carolina in economic development and wish him continued exceptional success in his future endeavors.
Be it further resolved that a copy of this resolution be forwarded to Mr. Holladay.
Rep. SHEHEEN explained the Concurrent Resolution.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Debate was resumed on the following Bill, the pending question being consideration of Amendment No. 1, Rep. NETTLES having the floor.
S. 47 -- Senator Fielding: A BILL TO REPEAL SECTION 16-3-658, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION THAT A PERSON CANNOT BE GUILTY OF CRIMINAL SEXUAL CONDUCT, UNDER THE PROVISIONS OF SECTIONS 16-3-651 THROUGH 16-3-659.1, IF A VICTIM IS HIS LEGAL SPOUSE.
Debate was resumed on Amendment No. 1, which was proposed by the Committee on Judiciary.
Rep. NETTLES continued speaking.
Reps. P. BRADLEY, SHARPE, DAVENPORT and HASKINS objected to the Bill.
Rep. L. MARTIN moved to reconsider the vote whereby Amendment No. 18 on S. 1420 was adopted and the motion was noted.
The following Bill was taken up.
S. 1286 -- Education Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 135 IN TITLE 59, RELATING TO EDUCATION, SO AS TO ENACT THE SCHOOL-BASED ENTERPRISE ACT AND TO ESTABLISH THE SCHOOL-BASED ENTERPRISE INTERAGENCY BOARD AND THE SCHOOL-BASED ENTERPRISE ADVISORY COUNCIL TO IMPLEMENT THE PROVISIONS OF THIS CHAPTER.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 3775J).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Title 59 of the 1976 Code is amended by adding:
Section 59-137-10. This chapter may be cited as the School-Based Enterprise Act.
Section 59-137-20. 'School-based enterprises' means businesses which are sponsored by public schools, public or private colleges and universities, or private businesses and which are planned, initiated, operated, owned, and managed by students under the supervision of teachers and with the advice and assistance of local and state agencies, local and state business and financial leaders, educators, schools and colleges, and business assistance providers. 'School-based enterprises' address unmet social or economic needs of the community in which the business is located and are supported by classroom instruction and training which directly relate to the school-based enterprise.
Section 59-137-30. There is established the School-Based Enterprise Interagency Board composed of one member elected from each congressional district by a majority of the members of the legislative delegations representing that district and a chairman appointed by the chairman of the State Development Board. Members shall serve for terms of four years and until their successors are elected or appointed and qualify. Vacancies must be filled in the manner of original election or appointment for the unexpired portion of the term.
If the boundaries of congressional districts are changed, elected members serving on the School-Based Enterprise Interagency Board shall continue to serve until the expiration of their terms but successors to elected members whose terms expire must be elected from the newly defined congressional district. If a congressional district is added, the board must be enlarged to include representation from that district.
Board members shall receive the mileage, subsistence, and per diem allowed by law for members of state boards, committees, and commissions. Mileage, subsistence, and per diem for board members and the expenses of the board in the performance of its duties must be provided by the State Development Board.
Section 59-137-40. The School-Based Enterprise Interagency Board shall:
(1) establish policy governing the development, funding, operation, and dissolution of school-based enterprises;
(2) encourage businesses, schools, teachers, students, and state and local agencies to become involved in and support school-based enterprises;
(3) assist local educational institutions in the planning and implementation of school-based enterprises;
(4) promote and encourage the establishment of local councils, which shall advise districts, schools, colleges, students, and businesses in the development and operation of a school-based enterprise in their community;
(5) assist in the research, development, or adaptation of appropriate curriculum guides and materials designed to support the academic component of school-based enterprises;
(6) serve as a clearinghouse for information related to school-based enterprises and as a channel for networking individual school-based enterprise projects;
(7) identify funding sources, solicit funds, and promote the creation of a foundation to provide a rotating loan fund to support development of new school-based enterprises;
(8) assist in securing and, when funds are available, make loans and investments to provide the initial equity and financial assistance for school-based enterprises;
(9) monitor state and local initiatives for school-based enterprises; and
(10) report annually to the General Assembly on the implementation and effectiveness of school-based enterprise programs.
Section 59-137-50. There is established the School-Based Enterprise Program Advisory Council composed Or eleven members as follows:
(1) the chairman of the School-Based Interagency Board, ex officio, who also shall serve as chairman of the advisory council;
(2) the State Superintendent of Education, or his designee, ex officio;
(3) the President of the University of South Carolina, or his designee, ex officio;
(4) the President of Clemson University, or his designee, ex officio;
(5) the executive director of the State Board for Technical and Comprehensive Education, or his designee, ex officio;
(6) one representative of local school districts;
(7) one representative of public or private colleges and universities;
(8) two representatives of regional or local planning and development commissions; and
(9) two representatives of business or business assistance programs.
The members provided in items (6), (7), (8), and (9) must be appointed by the Governor with the advice and consent of the Senate for terms of four years and until their successors are appointed and qualify. Vacancies must be filled in the manner of original appointment for the unexpired portion of the term.
Section 59-137-60. The School-Based Enterprise Program Advisory Council shall:
(1) make recommendations to the School-Based Enterprise Interagency Board to assist the board in formulating policy governing school-based enterprises;
(2) assist in and facilitate the establishment of local councils, which shall advise districts, schools, colleges, students, and businesses in the development and operation of a school-based enterprise in their community;
(3) provide advice and assistance to local advisory councils, school-based enterprises, students, schools, colleges, and teachers in the planning, development, and establishment of school-based enterprises;
(4) evaluate school-based enterprises in cooperation with other agencies and local community resources;
(5) advise the School-Based Enterprise Interagency Board on the development and adaptation of curriculum guides and materials to support the academic component of the school-based enterprise process;
(6) disseminate information related to school-based enterprises;
(7) assist the School-Based Enterprise Interagency Board in the development of an annual report to the General Assembly on the implementation and effectiveness of school-based enterprise programs;
(8) assist in the coordination of support for school-based enterprises from businesses, schools, colleges, business assistance providers, and local agencies; and
(9) research the effectiveness of school-based enterprises in terms of variables including, but not limited to:
(a) prevention of drop outs;
(b) completion of high school;
(c) attainment of basic skills;
(d) impact on the local economy;
(e) attitudes and values of students, parents, business community, educators, and other agencies."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Further proceedings were interrupted by time for consideration of H. 4025, the pending question being consideration of Amendment No. 1, Rep. TOWNSEND having the floor.
The SPEAKER granted Rep. M.D. BURRISS a temporary leave of absence.
The Senate Amendments to the following Bill were taken up for consideration.
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Reps. HOLT, J. BRADLEY, MAPPUS, DANGERFIELD, WHIPPER, WASHINGTON, FOXWORTH, AYDLETTE and WINSTEAD proposed the following Amendment No. 1A (Doc. No. 4400J), which was tabled.
Amend the bill, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, by adding an appropriately numbered subitem to read:
/____. North Charleston Coliseum 2,500,000
Total, North Charleston Coliseum 2,500,000
The funds authorized in this subitem for the North Charleston Coliseum must be matched on a four-to-one value basis as provided by the governing body of the city of North Charleston./
Renumber subitems to conform.
Amend totals and title to conform.
Rep. HOLT explained the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. McCAIN moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Baker Baxley Beasley Boan Burch Burriss, J.H. Burriss, T.M. Chamblee Cole Cooper Corning Davenport Edwards Fair Foster Gentry Harris, J. Harris, P. Hayes Hearn Hendricks Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Kirsh Klapman Koon Lewis Lockemy McAbee McCain McEachin McGinnis McLellan McTeer Moss Neilson Nesbitt Pettigrew Petty Rogers, J. Rogers, T. Rudnick Sheheen Short Sturkie Thrailkill Townsend Tucker Waldrop Wells Wilder
Those who voted in the negative are:
Altman Aydlette Bailey, G. Bailey, K. Barfield Bennett Bradley, J. Brown, G. Brown, H. Brown, J. Cork Dangerfield Day Faber Ferguson Foxworth Gilbert Gregory Harvin Haskins Helmly Holt Jones Limehouse Mappus Martin, D. Martin, L. McBride McElveen McLeod, E.B. McLeod, J.W. Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Simpson Snow Taylor Washington Whipper White Williams Winstead
So, the amendment was tabled.
Rep. HUFF moved immediate cloture on the entire matter, which was rejected.
Reps. WASHINGTON, WHITE, WHIPPER, T. ROGERS, FABER, D. MARTIN and J. BROWN proposed the following Amendment No. 2A (Doc. No. 4427J).
Amend the bill, as and if amended, subitem 28, as contained in SECTION 1, page 8, by adding the following proviso after line 17:
/Provided, however, that no funds authorized in this act for beach restoration may be used for a restoration project unless the project has at least one public access point for every one-half mile of beach./
Amend title to conform.
Rep. WASHINGTON explained the amendment.
Reps. WHITE, J. BRADLEY and GREGORY spoke in favor of the amendment.
Rep. McLELLAN spoke against the amendment.
Rep. McLELLAN moved to adjourn debate upon Amendment No. 2A.
Rep. McEACHIN raised the Point of Order that Section 28, Page 8, of the Bill was out of order as it violated Article X, Section 11 of the South Carolina Constitution, as it appropriated state revenue for use on private property.
The SPEAKER PRO TEMPORE overruled the Point of Order.
The question then recurred to the motion to adjourn debate on Amendment No. 2A, which was agreed to.
Reps. WASHINGTON, WHITE, WHIPPER, McEACHIN, T. ROGERS, FABER, D. MARTIN and J. BROWN proposed the following Amendment No. 3A (Doc. No. 4426J), which was adopted.
Amend the bill, as and if amended, subitem 28, as contained in SECTION 1, page 8, by adding the following proviso after line 17:
/Provided, however, that no funds authorized in this act for beach restoration may be used for any restoration project unless there is reasonable public access, as determined by the South Carolina Coastal Council, to that project./
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. McLELLAN moved to reconsider the vote whereby debate was adjourned on Amendment No. 2A, which was agreed to.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Reps. McLELLAN, J. ROGERS and BOAN proposed the following Amendment No. 4A (Doc. No. 4432J), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. Article 1, Chapter 9, of Title 11 of the 1976 Code is amended by adding:
"Section 11-9-130. Funds authorized by the General Assembly for capital improvement projects not located on state-owned property may be expended only if the projects are owned or operated by a governmental entity including, but not limited to, municipalities or counties or a combination of governmental entities or by a separate authority whose membership is controlled by a governmental entity."/
Renumber sections to conform.
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 5A, which was adopted.
Amend as and if amended, by striking on page 10, lines 34-42.
Rep. KIRSH explained the amendment.
Rep. CORK spoke against the amendment and moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Aydlette Barfield Blackwell Bradley, P. Burriss, J.H. Burriss, T.M. Cork Dangerfield Derrick Elliott Foxworth Harvin Haskins Hearn Holt Humphries Limehouse Martin, L. Mattos Pearce Thrailkill Washington Winstead
Those who voted in the negative are:
Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Baxley Bennett Bradley, J. Brown, J. Burch Chamblee Cole Cooper Corning Davenport Faber Fair Ferguson Foster Harris, J. Harris, P. Hayes Hendricks Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Koon Lockemy Mappus McBride McCain McEachin McGinnis McKay McLellan McLeod, J.W. Moss Neilson Nesbitt Nettles Pettigrew Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sheheen Simpson Snow Sturkie Townsend Tucker Waldrop Wells Whipper White Wilder
So, the House refused to table the amendment.
Reps. LOCKEMY and CORK spoke against the amendment.
Rep. KIRSH spoke in favor of the amendment.
The amendment was then adopted.
Rep. MOSS moved to reconsider the vote whereby Amendment No. 1A was tabled, which was rejected.
The following was received.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:45 P.M. today for the purpose of Ratifying Acts. Very respectfully,
President
On motion of Rep. P. BRADLEY the invitation was accepted.
Reps. CORNING and McCAIN proposed the following Amendment No. 6A.
Amend as and if amended, Page 4025-9 to delete lines 6-17.
Rep. CORNING explained the amendment.
Rep. J. ROGERS spoke against the amendment.
Reps. T. ROGERS, SIMPSON and HASKINS spoke in favor of the amendment.
Rep. STURKIE was recognized.
Rep. GREGORY, moved that upon conclusion of the Ratification of Acts, the House stand in recess until 2:30, which was adopted by a division vote of 49 to 46.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 6-A, Rep. STURKIE having been recognized.
At 12:45 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R674) S. 1281 -- Senators Long, Doar, Peeler, Waddell and Garrison: AN ACT 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; AND TO AMEND TITLE 50 OF THE 1976 CODE BY ADDING CHAPTER 18 SO AS TO PERMIT AND REGULATE THE PRODUCTION AND SALE OF RECIPROCAL HYBRID TO QUALIFIED AQUACULTURE OPERATIONS.
(R675) S. 1006 -- Senator Drummond: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-1-625 SO AS TO DESIGNATE THE LOGGERHEAD TURTLE (CARETTA CARETTA) AS THE OFFICIAL REPTILE OF THE STATE.
(R676) S. 1335 -- Senator McLeod: AN ACT TO AMEND SECTION 7-5-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTRATION OF ELECTORS BY ANY PERSON WHO HAS NOT ATTAINED THE AGE OF EIGHTEEN BEFORE THE CLOSING OF THE BOOKS OF REGISTRATION BEFORE ANY ELECTION, SO AS TO EXTEND FROM SIXTY TO ONE HUNDRED TWENTY DAYS THE TIME WITHIN WHICH A PERSON MAY REGISTER TO VOTE.
(R677) S. 1159 -- Senators Fielding and McConnell: AN ACT 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 AUTHORIZE THEM TO INCLUDE IN THEIR ZONING ORDINANCES PROVISIONS FOR LANDSCAPING, PROTECTION, AND REGULATION OF TREES IN CONSIDERATION OF THEIR VALUE FROM AN ENVIRONMENTAL, AGRICULTURAL, AESTHETIC, SCENIC, OR PRESERVATION STANDPOINT, TO EXCLUDE FROM THIS AUTHORITY THE REGULATION OF COMMERCIAL TIMBER OPERATIONS, AND TO PROVIDE THAT THESE PROVISIONS MAY NOT RESTRICT THE ABILITY OF PUBLIC UTILITIES AND ELECTRIC SUPPLIERS FROM MAINTAINING SAFE CLEARANCES AROUND UTILITY LINES, AND TO AUTHORIZE THE SOUTH CAROLINA FORESTRY COMMISSION, THROUGH ITS URBAN FORESTRY ASSISTANCE PROGRAM, TO PROVIDE RECOMMENDATIONS AND ASSISTANCE TO MUNICIPALITIES AND COUNTIES FOR EVALUATION, CARE, AND PRESERVATION OF TREES COVERED BY REGULATIONS ADOPTED UNDER THE PROVISIONS OF CHAPTER 7 OF TITLE 6 AS PART OF THE COMPREHENSIVE PLAN FOR THE JURISDICTION.
(R678) S. 1295 -- General Committee: AN ACT 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.
(R679) S. 172 -- Senator Powell: AN ACT TO AMEND SECTIONS 1-20-10, 1-20-20, 1-20-40, 1-20-50, AS AMENDED, AND 1-20-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PERIODIC REVIEW, SCHEDULED TERMINATION, AND REAUTHORIZATION OF STATE AGENCIES, SO AS TO PROVIDE THAT THE PERIODIC REVIEW, SCHEDULED TERMINATION, AND REAUTHORIZATION SHALL INCLUDE REGULATIONS PROMULGATED BY THE AGENCIES.
(R680) S. 457 -- Senators Giese, Thomas, Macaulay and McConnell: AN ACT TO AMEND SECTION 59-20-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF ALLOCATIONS UNDER THE EDUCATION FINANCE ACT, SO AS TO PROVIDE FOR ALLOCATION FOR STUDENTS IN HOME SCHOOLING; AND TO AMEND SECTION 59-65-40, RELATING TO INSTRUCTION OF STUDENTS AT HOME, SO AS TO ALLOW A PARENT OR GUARDIAN TO EDUCATE HIS CHILD AT HOME UPON THE APPROVAL OF THE HOME INSTRUCTION BY THE SCHOOL DISTRICT BOARD OF TRUSTEES OF THE DISTRICT IN WHICH THE CHILD RESIDES, TO PROVIDE THE REQUIREMENTS THAT MUST BE MET FOR APPROVAL OF A PLAN OF HOME INSTRUCTION, TO PROVIDE FOR THE APPLICATION PROCESS AND ADEQUATE NOTICE, TO PROVIDE FOR READINESS TESTING OF FIRST GRADE STUDENTS IN HOME INSTRUCTION, TO PROVIDE FOR PROCEDURES WHEN STUDENTS ENROLLED IN HOME INSTRUCTION FALL BELOW PROMOTION STANDARDS, AND TO PROVIDE FOR AN APPLICATION APPROVAL APPEALS PROCEDURE.
(R681) S. 1254 -- Senators Martschink, Fielding and McConnell: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 IN CHAPTER 23 OF TITLE 57 RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 174 SOUTH OF THE DAWHOO BRIDGE IN CHARLESTON COUNTY A SCENIC HIGHWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE HIGHWAY ADVERTISING CONTROL ACT.
(R682) S. 1504 -- Senator Bryan: AN ACT TO PROVIDE FOR THE ELECTION OF THE MEMBERS OF THE BOARDS OF TRUSTEES OF LAURENS COUNTY SCHOOL DISTRICTS 55 AND 56, ESTABLISH SINGLE-MEMBER ELECTION DISTRICTS FOR MEMBERS OF THE BOARD, PROVIDE THAT THESE ELECTIONS MUST BE NONPARTISAN, PROVIDE THE MANNER IN WHICH THE MEMBERS OF THESE BOARDS ARE ELECTED, PROVIDE FOR THE MANNER IN WHICH THESE NONPARTISAN ELECTIONS MUST BE CONDUCTED, ABOLISH THE LAURENS COUNTY BOARD OF EDUCATION AND DEVOLVE ITS DUTIES, POWERS, AND RESPONSIBILITIES UPON THE SCHOOL DISTRICTS IN THE COUNTY, EXCEPT THOSE FUNCTIONS REGARDING THE ELECTION PROCESS OF THE TRUSTEES OF THE DISTRICTS; AND REPEAL ACTS 276 AND 277 OF 1987 RELATING TO THE ELECTION FROM DEFINED SINGLE-MEMBER DISTRICTS OF MEMBERS OF BOARDS OF TRUSTEES OF SCHOOL DISTRICTS 55 AND 56 IN LAURENS COUNTY.
(R683) S. 1445 -- Agriculture and Natural Resources Committee: AN ACT TO AMEND SECTIONS 46-25-20, AS AMENDED, 46-25-30, 46-25-60, 46-25-210, 46-25-510, 46-25-820, AND 46-25-1010, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FERTILIZERS, SO AS TO CHANCE THE DEFINITION OF "BOARD", CHANGE PROVISIONS RELATING TO GUARANTEED ANALYSES OF PLANT NUTRIENTS, CHANGE BULK SALES REGULATIONS, CHANGE LICENSING REQUIREMENTS, REGULATE THE SALE OR DISTRIBUTION OF SUPERPHOSPHATE, INCREASE THE ANNUAL REGISTRATION FEE AND INSPECTION TAX FROM TEN DOLLARS TO THIRTY DOLLARS, CHANGE REPORTING REQUIREMENTS, AND TO ELIMINATE SOME OF THE PENALTY PROVISIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-25-1160 AND 46-25-1170 SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 46-25-550, 46-25-560, AND 46-25-1070 RELATING TO STANDARDS FOR USE OF NITROGEN IN COTTONSEED MEAL AND PENALTY PROVISIONS.
(R684) S. 1458 -- General 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.
(R685) S. 1497 -- Senator Pope: AN ACT TO AUTHORIZE THE NEWBERRY COUNTY BOARD OF EDUCATION, THE GOVERNING BODY OF THE SCHOOL DISTRICT OF NEWBERRY COUNTY, TO ISSUE AND SELL GENERAL OBLIGATION BONDS OF THE SCHOOL DISTRICT IN AN AMOUNT NOT TO EXCEED THREE HUNDRED THOUSAND DOLLARS, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSE FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO PROVIDE FOR THE PAYMENT OF THE BONDS.
(R686) S. 1316 -- Senators Dennis and Nell W. Smith: AN ACT 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.
(R687) S. 1344 -- Senator Hayes: AN ACT 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 MERCER 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.
(R688) S. 1355 -- Senator Doar: AN ACT 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 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.
(R689) H. 3732 -- Reps. Felder, G. Brown, T. Rogers, Limehouse, Fair, P. Bradley, G. Bailey, Dangerfield, Edwards, L. Phillips, Short, Simpson, Gregory, Klapman, J. Rogers, Wilkins, Carnell, Hendricks, Huff, McAbee, Foster, Tucker and Baxley: AN ACT TO AMEND SECTION 61-9-625, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPORTATION OF WINE INTO THIS STATE BEING LIMITED TO THE REGISTERED PRODUCER THEREOF AND THE REGISTRATION OF A PARTICULAR BRAND BEING AVAILABLE ONLY TO THE PRODUCER OR PRIMARY SOURCE OF SUPPLY, SO AS TO MAKE THE ABOVE PROVISIONS ALSO APPLICABLE TO BEER, ALE, PORTER, AND MALT BEVERAGES.
(R690) H. 4257 -- Reps. Short, O. Phillips and Lewis: AN ACT TO AMEND ACT 1779 OF 1972, RELATING TO THE CREATION OF THE CHESTER FIRE DISTRICT IN CHESTER COUNTY, SO AS TO INCREASE THE SIZE OF THE DISTRICT.
(R691) H. 4284 -- Orangeburg Delegation: AN ACT TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE FOR BUDGETS AND TAX LEVIES FOR THE COUNTY'S SCHOOL DISTRICTS AND THAT NO SCHOOL DISTRICT MAY RAISE ITS MILLAGE BY MORE THAN FIVE MILLS IN ANY YEAR WITHOUT A REFERENDUM.
(R692) H. 3461 -- Rep. Petty: AN ACT TO AMEND SECTION 40-6-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS PERTAINING TO AUCTIONEERS, SO AS TO DEFINE "ESTATE" AUCTION; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-6-156 SO AS TO PROHIBIT THE SALE AT AUCTION OF ANY PROPERTY OTHER THAN THE PROPERTY OF A SPECIFIED DECEASED PERSON OR THE PROPERTY OF A SPECIFIED LIVING PERSON'S ESTATE AT ANY AUCTION CONDUCTED OR ADVERTISED AS AN ESTATE SALE UNLESS OTHER ITEMS TO BE SOLD ARE SPECIFICALLY DESCRIBED AND ADVERTISED THAT THEY ARE NOT ESTATE PROPERTY.
(R693) H. 4184 -- Rep. K. Bailey: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF ORANGEBURG SCHOOL DISTRICT 2 TO ISSUE NOT MORE THAN ONE MILLION, SIX HUNDRED THOUSAND DOLLARS OF GENERAL OBLIGATION BONDS OF THE DISTRICT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THEIR PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
(R694) H. 4042 -- Rep. Koon: AN ACT 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.
(R695) H. 4201 -- Rep. Cork: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF GREENWOOD FOREST HOMEOWNERS' ASSOCIATION, OF BEAUFORT COUNTY.
(R696) H. 4081 -- Rep. Foxworth: AN ACT TO AMEND SECTIONS 50-17-55 AND 50-17-1620, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SHRIMP, SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT SHALL ISSUE TAGS AND PERMITS TO TAKE SHRIMP OVER BAIT AND TO PROVIDE THAT THE DEPARTMENT MAY ADOPT BY REGULATION ALL FISHING REGULATIONS PROMULGATED UNDER THE FEDERAL FISHERY CONSERVATION AND MANAGEMENT ACT.
(R697) H. 3772 -- Reps. Winstead, Aydlette, Felder, J. Bradley and Derrick: AN ACT TO AMEND SECTION 61-3-1000, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRUCTURAL AND OTHER REQUIREMENTS FOR RETAIL LIQUOR STORES, SO AS TO PROVIDE THAT ONE ADDITIONAL DOOR, NOT AT THE FRONT OF THE STORE, IS ALLOWED SOLELY FOR RECEIPT OF COMMERCIAL DELIVERIES AND AS AN EMERGENCY EXIT, AND TO PROVIDE THAT THIS DOOR MUST REMAIN CLOSED AND SECURED AT ALL TIMES EXCEPT WHEN BEING USED FOR THE ABOVE PURPOSES.
(R698) H. 4013 -- Rep. J.C. Johnson: AN ACT TO AMEND SECTION 31-17-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAVEL TRAILER DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT TRAVEL TRAILERS TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS; TO AMEND SECTION 56-15-10, RELATING TO DEFINITIONS IN REGARD TO THE REGULATION OF MOTOR VEHICLE DEALERS, SO AS TO DEFINE THE TERM "MOTOR HOME"; AND TO AMEND SECTION 56-15-310, RELATING TO MOTOR VEHICLE DEALERS' LICENSES AND THE SCOPE OF THESE LICENSES, SO AS TO PERMIT MOTOR HOMES TO BE SOLD AT PLACES OTHER THAN THE PLACE OF BUSINESS OF THE LICENSED DEALER UNDER CERTAIN CONDITIONS.
(R699) H. 2866 -- Rep. T.M. Burriss: AN ACT TO AMEND SECTION 39-57-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BUSINESS OPPORTUNITY SALES ACT, SO AS TO REVISE THE DEFINITION OF "BUSINESS OPPORTUNITY" AND TO FURTHER PROVIDE FOR EXCEPTIONS TO THIS DEFINITION, AND TO AMEND SECTION 39-57-50, RELATING TO REGISTRATION AND FILING OF INFORMATION WITH THE SECRETARY OF STATE UNDER THE BUSINESS OPPORTUNITY SALES ACT, SO AS TO AUTHORIZE THE SECRETARY OF STATE TO CHARGE A NONREFUNDABLE FILING FEE OF FIFTY DOLLARS FOR PROCESSING INFORMATION FILED BY THE SELLER.
(R700) H. 4277 -- Reps. Hayes, Kirsh, Nesbitt, Short and Foster: AN ACT TO AMEND ACT 825 OF 1978, RELATING TO CLOVER SCHOOL DISTRICT 2 IN YORK COUNTY, SO AS TO PROVIDE THAT THE BOARD OF TRUSTEES MAY NOT LEVY TAXES WHICH WOULD INCREASE BY MORE THAN FOUR MILLS IN ANY YEAR THAT MILLAGE LEVIED FOR THE PRECEDING YEAR WITHOUT THE APPROVAL OF THE QUALIFIED ELECTORS OF THE DISTRICT VOTING IN A REFERENDUM, AND TO PROVIDE WHEN A REFERENDUM MUST BE CONDUCTED IF AN INCREASE IN EXCESS OF THE FOUR MILL LIMITATION IMPOSED BY LAW IS REQUESTED.
(R701) H. 4253 -- Rep. J. Bradley: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-3025 SO AS TO ESTABLISH A BIRD SANCTUARY IN A CERTAIN PORTION OF CHARLESTON COUNTY WITHIN THE CITY OF CHARLESTON, AND TO PROVIDE PENALTIES FOR VIOLATIONS.
(R702) H. 2591 -- Rep. Davenport: AN ACT TO AMEND SECTIONS 1-23-110, 1-23-120, AND 1-23-125, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATIVE PROCEDURES ACT, SO AS TO REQUIRE A PRELIMINARY IMPACT STATEMENT WHEN A REGULATION IS PROPOSED, TO LIMIT THE TIME FOR SUBMITTING A REGULATION AFTER PUBLISHING THE DRAFTING NOTICE TO ONE YEAR OR LESS, TO PROVIDE THAT THE INTRODUCTION OF THE FIRST JOINT RESOLUTION DISAPPROVING A REGULATION TOLLS THE RUNNING OF THE ONE-HUNDRED-TWENTY-DAY PERIOD AFTER WHICH AUTOMATIC APPROVAL OCCURS, TO REQUIRE THE SUBCOMMITTEE TO TAKE ACTION ON A REGULATION WITHIN SIXTY DAYS OR IT MUST BE CONSIDERED BY THE FULL COMMITTEE AT ITS NEXT MEETING, AND TO PROVIDE THAT A REGULATION WITHDRAWN MUST BE RESUBMITTED WITHIN THIRTY DAYS OR IT IS PERMANENTLY WITHDRAWN, 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.
(R703) H. 2908 -- Ethics Committee: AN ACT TO AMEND SECTION 8-13-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO REDEFINE "BUSINESS WITH WHICH HE IS ASSOCIATED" AS ONE WHO HOLDS STOCK CONSTITUTING FIVE PERCENT OR MORE OF THE TOTAL OUTSTANDING STOCK OF ANY CLASS OR AS ONE WHO HOLDS STOCK WORTH TEN THOUSAND DOLLARS OR MORE AT FAIR MARKET VALUE.
(R704) H. 3816 -- Rep. Wilkins: AN ACT TO AMEND SECTION 23-4-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN REGARD TO CRIMINAL JUSTICE COMMITTEES AND PROGRAMS, SO AS TO REVISE CERTAIN DEFINITIONS; TO AMEND SECTION 23-4-110, RELATING TO THE GOVERNOR'S COMMITTEE ON CRIMINAL JUSTICE, CRIME AND DELINQUENCY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE AND THE APPOINTMENT PROCESS TO AND SUPPORT STAFF OF THE COMMITTEE; TO AMEND SECTION 23-4-120, RELATING TO THE DUTIES OF THIS COMMITTEE, SO AS TO REVISE THESE DUTIES; TO AMEND SECTION 23-4-130, RELATING TO THE REPORTS OF THIS COMMITTEE, SO AS TO REVISE ITS REPORTING REQUIREMENTS; AND TO AMEND SECTION 23-4-140, RELATING TO MEETINGS, QUORUMS, AND PROXIES OF THE COMMITTEE, SO AS TO REVISE HOW MEMBERS MAY BE REPRESENTED BY PROXY AT MEETINGS OF THE COMMITTEE.
(R705) H. 3863 -- Reps. Blanding and E.B. McLeod: AN ACT 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 EFFECTIVE JANUARY 1, 1989.
(R706) H. 4189 -- Reps. Sheheen, J. Rogers, J. Bradley, Dangerfield and Beasley: AN ACT 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; AND TO PROVIDE FOR A LICENSED NONRESIDENT'S PRELICENSE EDUCATION AND EXAMINATION REQUIREMENTS ON THE EFFECTIVE DATE OF THIS ACT.
(R707) H. 3988 -- Reps. Clyborne, Haskins and Lanford: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-7-175 SO AS TO AUTHORIZE THE ISSUANCE OF A SUBPOENA DUCES TECUM BY A CORONER IN DEATH INVESTIGATIONS OR IN THE ALTERNATIVE REQUIRE THE INDIVIDUAL SUBPOENAED TO APPEAR AT THE INQUEST OR PROCEEDING IN ORDER TO PRODUCE THE DOCUMENTS OR MATERIALS SUBPOENAED, AND TO PROVIDE CONTEMPT PENALTIES FOR VIOLATION.
(R708) H. 4154 -- Rep. Harvin: AN ACT TO AUTHORIZE THE BOARD OF TRUSTEES OF SCHOOL DISTRICT 1 OF CLARENDON COUNTY TO ISSUE GENERAL OBLIGATION BONDS AT ONE TIME OR FROM TIME TO TIME IN AN AMOUNT NOT EXCEEDING THREE HUNDRED THIRTY-SEVEN THOUSAND DOLLARS TO FUND AN OPERATING DEFICIT, TO PRESCRIBE THE CONDITIONS UNDER WHICH THE BONDS MAY BE ISSUED AND THE PURPOSES FOR WHICH THE PROCEEDS MAY BE EXPENDED, AND TO MAKE PROVISION FOR THE PAYMENT OF THE BONDS.
(R709) H. 2725 -- Reps. J.W. McLeod, Ogburn and R. Brown: AN ACT TO-AMEND SECTION 40-21-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENGINEERS AND LAND SURVEYORS, SO AS TO DEFINE RESIDENT REGISTERED ENGINEER, RESIDENT REGISTERED LAND SURVEYOR, BRANCH OFFICE, AND REGISTERED; AND TO AMEND THE 1976 CODE BY ADDING SECTION 40-21-405 SO AS TO PERMIT A REGISTERED ENGINEER AND REGISTERED LAND SURVEYOR TO MAINTAIN A PRINCIPAL PLACE OF BUSINESS AND BRANCH OFFICES AND TO PROVIDE REQUIREMENTS FOR THESE PLACES OF BUSINESS.
(R710) H. 3747 -- Rep. Carnell: AN ACT TO AMEND SECTIONS 56-1-770 AND 56-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REDUCTION OF POINTS ASSIGNED TO DRIVERS FOR VARIOUS TRAFFIC VIOLATIONS FOR COMPLETION OF A DEFENSIVE DRIVING COURSE AND MINIMUM STANDARDS AND CONDITIONS OF OPERATION FOR DRIVER TRAINING SCHOOLS, SO AS TO REQUIRE THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO ESTABLISH PROCEDURES FOR THE APPROVAL OF DEFENSIVE DRIVING COURSES OFFERED BY DRIVER TRAINING SCHOOLS WHICH WILL QUALIFY THOSE SUCCESSFULLY COMPLETING THE COURSE FOR A REDUCTION OF POINTS, TO REQUIRE THE DEPARTMENT TO APPROVE COURSES WHICH MEET CERTAIN STANDARDS, AND INCLUDE AMONG THE MINIMUM STANDARDS A REQUIREMENT THAT DRIVER TRAINING SCHOOLS HAVE OR HAVE ACCESS TO SUFFICIENT FACILITIES AND EQUIPMENT TO CONDUCT A DEFENSIVE DRIVING COURSE OF EIGHT HOURS DURATION AND FOR A MINIMUM OF TEN STUDENTS.
(R711) H. 4255 -- Reps. Lockemy and J.W. McLeod: A JOINT RESOLUTION TO PROVIDE FOR THE LEVY OF TAXES FOR SCHOOL PURPOSES IN DILLON COUNTY FOR FISCAL YEAR BEGINNING JULY 1, 1988, AND ENDING JUNE 30, 1989.
(R712) H. 3789 -- Reps. Lanford, Davenport, Fair, Cole, McEachin, Wells, Shelton, Lockemy, Barfield, Humphries, McGinnis, Nesbitt and Haskins: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-60 SO AS TO REQUIRE NOTICES REQUIRED BY LAW TO BE MAILED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, EXCEPT BY REGISTERED OR CERTIFIED MAIL, TO HAVE PRINTED ON THE ENVELOPE "PLEASE FORWARD".
(R713) H. 4020 -- Reps. J.W. McLeod and McEachin: AN ACT TO AMEND SECTIONS 37-3-109 AND 37-3-202, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAXIMUM CHARGES UNDER THE CONSUMER PROTECTION CODE, SO AS TO EXCLUDE FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS FROM THE DEFINITION OF "LOAN FINANCE CHARGE" AND TO ALLOW AS AN ADDITIONAL CHARGE IN CONNECTION WITH A CONSUMER LOAN FEES AND CHARGES PAID TO PERSONS REGISTERED AS MORTGAGE LOAN BROKERS.
(R714) H. 4126 -- Rep. Wilkins: AN ACT 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 WHEN THE OFFENSE IS ONE IN WHICH A MAGISTRATE, MUNICIPAL, OR CIRCUIT COURT JUDGE MAY IMPOSE A FINE WHEN COMMITMENT IS SUSPENDED, BUT NOT IN ADDITION TO COMMITMENT.
(R715) H. 3018 -- Rep. L. Phillips: AN ACT TO AMEND SECTION 56-1-370, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF CERTAIN DRIVERS' LICENSE CANCELLATIONS, SUSPENSIONS, OR REVOCATIONS BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SECTION 56-1-820, RELATING TO THE REVIEW OF SUSPENSIONS BY THE DEPARTMENT, AND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO A CHEMICAL TEST TO DETERMINE THE ALCOHOLIC CONTENT OF BLOOD AND THE PROCEDURES RELATED THERETO INCLUDING AN APPELLATE HEARING BY THE DEPARTMENT, SO AS TO REVISE THESE HEARING OR REVIEW PROCEDURES AND REQUIRE THAT THESE HEARINGS OR REVIEWS BE CONDUCTED IN ACCORDANCE WITH THE STATE ADMINISTRATIVE PROCEDURES ACT; AND TO AMEND SECTION 56-5-5360, RELATING TO MOTOR VEHICLE INSPECTIONS, SO AS TO REVISE THE HEARING OFFICIAL DESIGNATED TO HEAR APPEALS OF GARAGES OR STATIONS DENIED THE RIGHT TO ISSUE CERTIFICATES OF INSPECTION.
(R716) H. 4128 -- Reps. J. Bradley, Dangerfield and Whipper: AN ACT TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 9 SO AS TO DESIGNATE A CERTAIN PORTION OF LONG POINT ROAD IN CHARLESTON COUNTY AS A SCENIC HIGHWAY; BY ADDING ARTICLE 11 SO AS TO DESIGNATE A CERTAIN PORTION OF MATHIS FERRY ROAD IN CHARLESTON COUNTY AS A SCENIC HIGHWAY; BY ADDING ARTICLE 13 SO AS TO DESIGNATE RIVERLAND DRIVE IN CHARLESTON COUNTY AS A SCENIC HIGHWAY; AND BY ADDING ARTICLE 15 SO AS TO DESIGNATE FT. JOHNSON ROAD IN CHARLESTON COUNTY AS A SCENIC HIGHWAY, TO PROHIBIT THE REMOVAL OF CERTAIN TREES LOCATED WITHIN THE HIGHWAY RIGHTS-OF-WAY OF THESE SCENIC HIGHWAYS, AND TO PROHIBIT ALL NEW OFF-PREMISES OUTDOOR ADVERTISING ON THE SCENIC HIGHWAYS.
(R717) H. 3838 -- Rep. Rhoad: AN ACT TO AMEND SECTION 46-47-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE FAMILY FARM DEVELOPMENT AUTHORITY, SO AS TO DELETE THE POWER TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-3-145 SO AS TO EMPOWER THE DEPARTMENT OF AGRICULTURE TO PARTICIPATE IN PROGRAMS WITH FEDERAL, STATE, AND NONPROFIT ENTITIES WHICH MAY MAKE LOANS TO FARMERS OF THE BENEFICIARY CLASS.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Reps. COOPER, P. HARRIS and TUCKER a leave of absence for the remainder of the day.
Debate was resumed on the Senate Amendments to the following Bill, the pending question being the consideration of Amendment No. 6A, Rep. STURKIE having been recognized.
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Debate was resumed on Amendment No. 6A, by Reps. CORNING and McCAIN.
Rep. STURKIE spoke in favor of the amendment.
Rep. J. ROGERS moved immediate cloture on the entire matter.
Rep. KLAPMAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Arthur Aydlette Bailey, K. Barfield Baxley Bennett Blackwell Boan Brown, J. Burch Carnell Chamblee Clyborne Cole Cork Day Edwards Faber Ferguson Foster Gentry Gilbert Harris, J. Haskins Hayes Helmly Kay Kirsh Lewis Lockemy Martin, L. Mattos McAbee McBride McKay McLellan Moss Neilson Nettles Pearce Petty Phillips, O. Rice Rogers, J. Rudnick Sheheen Shelton Snow Townsend Waldrop Washington Whipper White Wilder Wilkins
Those who voted in the negative are:
Baker Bradley, J. Bradley, P. Brown, H. Burriss, T.M. Corning Derrick Elliott Foxworth Hearn Hodges Holt Johnson, J.C. Johnson, J.W. Jones Keyserling Klapman Lanford Mappus Martin, D. McCain McEachin McLeod, E.B. Nesbitt Pettigrew Sharpe Simpson Sturkie Taylor Thrailkill Wells Winstead
So, immediate cloture was ordered.
Rep. McEACHIN raised the Point of Order that some of the sand to be placed on the beaches would be placed from the high water mark landward, which would be placing sand on private property in violation of Article X, Section 11 of the Constitution.
Rep. AYDLETTE, speaking on the Point of Order, stated that the Coastal Council would decide where the sand would be placed and since they are a state agency, the sand would be placed on state property.
The SPEAKER stated that the authorization for a beach renourishment program, under a bonding provision, does not actually appropriate funds, therefore he could not conclusively rule on whether the funds were being authorized to a private claim, and he overruled Rep. McEachin's Point of Order.
Rep. McEACHIN further inquired whether or not the General Assembly would review any guidelines, if enacted by the Budget and Control Board.
The SPEAKER stated that the Budget and Control Board is subject to Act No. 176 and the amendments thereto of 1977.
Rep. McEACHIN further raised the Point of Order that there were no guidelines to establish the spending of the funds.
The SPEAKER stated that there were no funds to be appropriated until the bonds are authorized by the Budget and Control Board and sold.
Rep. T. ROGERS further inquired that if the requirement to authorize funds and the prohibition against appropriating money to private claims are in effect, then there must clearly be an appropriation to a public entity and if that is open to question, then, by definition, is that not in violation of the Constitutional provision.
The SPEAKER stated that he does not have the authority, under a Point of Order, to strike the provision and therefore, he overruled Rep. McEachin's Point of Order.
Rep. McABEE moved to table the amendment.
Rep. CORNING demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Aydlette Barfield Bennett Blackwell Boan Burch Carnell Cork Edwards Elliott Foxworth Harris, J. Lewis Mattos McAbee McKay McLellan Moss Neilson Pearce Petty Phillips, O. Rice Rogers, J. Sheheen Snow Thrailkill Waldrop Washington Wilder
Those who voted in the negative are:
Alexander, T.C. Arthur Baker Baxley Bradley, J. Bradley, P. Brown, N. Brown, J. Burriss, T.M. Chamblee Clyborne Cole Corning Dangerfield Davenport Day Derrick Faber Fair Felder Foster Gentry Gilbert Haskins Hearn Helmly Hodges Holt Huff Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Klapman Limehouse Lockemy Mappus Martin, D. Martin, L. McBride McCain McEachin McElveen McGinnis McLeod, E.B. Nesbitt Pettigrew Rogers, T. Rudnick Sharpe Simpson Sturkie Taylor Townsend Wells Whipper White Winstead
So, the House refused to table the amendment.
Rep. McLELLAN was recognized.
Rep. J. BRADLEY raised the Point of Order that the member had already spoken twice on Amendment No. 6A.
The SPEAKER stated that the member had not spoken on the amendment and he overruled the Point of Order.
Reps. McLELLAN and J. ROGERS spoke against the amendment.
The SPEAKER granted Rep. DAY a leave of absence for the remainder of the day.
Rep. McCAIN spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. McCAIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Aydlette Baxley Bradley, J. Brown, H. Brown, J. Burriss, T.M. Chamblee Corning Dangerfield Davenport Derrick Faber Felder Foster Foxworth Gentry Gilbert Haskins Hayes Hearn Hodges Holt Johnson, J.C. Johnson, J.W. Kay Kirsh Lanford Lockemy Mappus Martin, D. McBride McCain McEachin McElveen McGinnis McLeod, E.B. Nesbitt Pettigrew Rogers, T. Sharpe Simpson Sturkie Taylor Thrailkill Townsend Wells Whipper
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Bailey, K. Baker Barfield Bennett Blackwell Blanding Boan Bradley, P. Brown, G. Burch Carnell Clyborne Cole Cork Edwards Elliott Ferguson Gregory Harris, J. Huff Jones Keyserling Klapman Lewis Limehouse Martin, L. Mattos McAbee McKay McLellan McTeer Moss Neilson Nettles Pearce Petty Phillips, O. Rhoad Rice Rogers, J. Rudnick Sheheen Snow Waldrop Washington White Wilder Wilkins Winstead
So, the amendment was rejected.
Reps. CORNING and McCAIN proposed the following Amendment No. 7A, which was rejected.
Amend as and if amended Page 4025-11 to delete lines 10-20.
Rep. PETTIGREW inquired whether if the House amends the Bill, can the Senate then accept or reject the Bill.
The SPEAKER stated that the member was correct.
Rep. McCAIN explained the amendment.
Rep. PEARCE spoke against the amendment and moved to table the amendment.
Rep. McCAIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, K. Barfield Blackwell Boan Bradley, J. Bradley, P. Brown, J. Burch Carnell Dangerfield Elliott Faber Foster Foxworth Gilbert Gregory Harris, J. Helmly Holt Lewis Lockemy Mappus Mattos McAbee McBride McKay McLellan McTeer Nettles Pearce Petty Phillips, O. Rhoad Rogers, J. Rogers, T. Snow Whipper Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Baker Baxley Brown, H. Burriss, T.M. Chamblee Clyborne Cole Corning Davenport Derrick Felder Ferguson Gentry Haskins Hayes Hearn Hodges Huff Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Koon Lanford Limehouse Martin, L. McCain McEachin McElveen McGinnis McLeod, E.B. Moss Neilson Nesbitt Pettigrew Rudnick Sharpe Sheheen Simpson Sturkie Taylor Townsend Waldrop Wells Wilder
So, the House refused to table the amendment.
Rep. BOAN spoke against the amendment.
Rep. CORNING spoke in favor of the amendment.
The question then recurred to the adoption of the amendment.
Rep. PEARCE demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Baxley Brown, H. Burriss, T.M. Chamblee Cole Corning Davenport Derrick Foster Foxworth Gentry Gregory Hayes Hearn Hodges Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lanford Martin, L. McCain McEachin McElveen McGinnis McLeod, E.B. Moss Nesbitt Pettigrew Sheheen Simpson Sturkie Townsend Wells
Those who voted in the negative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, K. Baker Barfield Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, J. Burch Carnell Clyborne Dangerfield Elliott Faber Gilbert Harris, J. Helmly Holt Huff Jones Lewis Lockemy Mappus Martin, D. Mattos McAbee McBride McKay McLellan McTeer Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Shelton Taylor Waldrop Washington Whipper Wilder Wilkins Winstead
So, the amendment was rejected.
Reps. CORNING and McCAIN proposed the following Amendment No. 8A, which was tabled.
Amend as and if amended Page 4025-9 to delete line 24.
Rep. McCAIN explained the amendment.
Rep. J. HARRIS spoke against the amendment.
Rep. CORNING spoke in favor of the amendment.
Rep. J. HARRIS raised the Point of Order that Amendment No. 8A was out of order as there was no name on the amendment.
The SPEAKER stated that there was a name on the amendment at the desk and therefore, he overruled the Point of Order.
Rep. CORNING continued speaking.
Rep. J. HARRIS moved to table the amendment.
Rep. McCAIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, J. Burch Carnell Clyborne Dangerfield Derrick Elliott Faber Felder Gilbert Harris, J. Helmly Jones Keyserling Lockemy Martin, L. Mattos McAbee McBride McKay McLellan McTeer Moss Neilson Nettles Pearce Phillips, L. Phillips, O. Rice Rogers, J. Rudnick Short Stoddard Waldrop Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Aydlette Brown, H. Burriss, T.M. Chamblee Cole Cork Corning Davenport Fair Foster Foxworth Gentry Gregory Hayes Hearn Holt Humphries Johnson, J.C. Johnson, J.W. Kirsh Klapman Koon Lanford Lewis Limehouse Mappus Martin, D. McCain McEachin McElveen McGinnis McLeod, E.B. Nesbitt Pettigrew Petty Shelton Simpson Sturkie Thrailkill Wells
So, the amendment was tabled.
Reps. CORNING and McCAIN proposed the following Amendment No. 9A, which was ruled out of order.
Amend as and if amended Page 4025-11 to delete lines 34-42.
Rep. McLELLAN raised the Point of Order that Amendment No. 9A was out of order as it was identical to a previous amendment.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Reps. CORNING and McCAIN proposed the following Amendment No. 1OA, which was tabled.
Amend as and if amended Page 4025-11 to delete lines 22-33.
Rep. CORNING explained the amendment.
Reps. NETTLES and McKAY spoke against the amendment.
Rep. NETTLES moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Bailey, K. Baker Barfield Baxley Beasley Blackwell Boan Bradley, P. Brown, J. Burch Carnell Clyborne Dangerfield Derrick Edwards Elliott Faber Felder Foster Gilbert Gregory Harris, J. Haskins Helmly Holt Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McKay McLellan McTeer Neilson Nettles Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Shelton Snow Stoddard Taylor Waldrop Washington Whipper Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Brown, G. Brown, R. Chamblee Cole Cork Corning Foxworth Hayes Hearn Huff Humphries Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lanford McCain McEachin McElveen McGinnis McLeod, E.B. Moss Nesbitt Pettigrew Sheheen Short Simpson Sturkie Townsend Wells White
So, the amendment was tabled.
Reps. CORNING and McCAIN proposed the following Amendment No. 12A, which was tabled.
Amend as and if amended Page 4025-10 to delete lines 21-33.
Rep. McCAIN explained the amendment.
Rep. WILKINS moved to table the amendment.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, K. Baker Barfield Bennett Blackwell Boan Bradley, P. Brown, G. Brown, J. Burch Carnell Clyborne Dangerfield Derrick Edwards Elliott Faber Fair Felder Harris, J. Haskins Helmly Holt Klapman Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McKay McLellan McTeer Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Shelton Simpson Snow Waldrop Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Baxley Cole Cork Corning Foster Foxworth Gregory Hayes Hearn Humphries Johnson, J.C. Johnson, J.W. Kay Kirsh Koon Lanford McCain McEachin McElveen McGinnis McLeod, E.B. Moss Neilson Nesbitt Pettigrew Sheheen Short Townsend
So, the amendment was tabled.
Rep. McEACHIN proposed the following Amendment No. 13A, which was tabled.
Amend the bill, as and if amended, by striking Sections 32, 33, 34, 35 and 36 in their entirety.
Amend title and totals to conform.
Rep. McEACHIN explained the amendment.
Rep. P. BRADLEY raised the Point of Order that Amendment No. 13A was out of order as it was identical to a previous amendment.
The SPEAKER overruled the Point of Order.
Rep. BOAN moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Aydlette Bailey, K. Baker Barfield Beasley Bennett Blackwell Boan Bradley, J. Bradley, P. Brown, G. Brown, J. Burch Carnell Clyborne Dangerfield Edwards Elliott Faber Felder Foster Gilbert Harris, J. Haskins Helmly Holt Jones Lewis Mappus Martin, D. Martin, L. Mattos McAbee McBride McKay McLellan McTeer Neilson Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Shelton Simpson Snow Stoddard Taylor Waldrop Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Baxley Brown, H. Burriss, T.M. Chamblee Cole Cork Corning Davenport Derrick Fair Foxworth Gregory Hayes Hearn Huff Humphries Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lanford Lockemy McCain McEachin McElveen McGinnis Moss Nesbitt Pettigrew Sheheen Short Thrailkill Townsend Wells
So, the amendment was tabled.
Rep. T. ROGERS proposed the following Amendment No. 14A (Doc. No. 4443J), which was tabled.
Amend the bill, as and if amended, in Section 1 by deleting item 36. which begins on line 34 of page 10 in its entirety.
Renumber items to conform.
Amend totals and title to conform.
Rep. T. ROGERS moved to table the amendment, which was agreed to.
Rep. T. ROGERS proposed the following Amendment No. 15A (Doc. No. 4446J), which was tabled.
Amend the bill, as and if amended, in Section 1 by deleting item 28, which begins on line 6 of page 8 in its entirety.
Renumber items to conform.
Amend totals and title to conform.
Rep. T. ROGERS moved to table the amendment, which was agreed to.
Reps. HOLT and J. BRADLEY proposed the following Amendment No. 16A (Doc. No. 4400J), which was tabled.
Amend the bill, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, by adding an appropriately numbered subitem to read:
/_____. North Charleston Coliseum 2,000,000
Total, North Charleston Coliseum 2,000,000
The funds authorized in this subitem for the North Charleston Coliseum must be matched on a four-to-one value basis as provided by the governing body of the city of North Charleston./
Renumber subitems to conform.
Amend totals and title to conform.
Rep. J. BRADLEY explained the amendment.
Rep. BOAN moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Arthur Baxley Beasley Boan Burch Burriss, T.M. Cole Cork Corning Davenport Derrick Edwards Fair Ferguson Foster Gregory Harris, J. Hayes Hearn Huff Humphries Keyserling Kirsh Koon Lanford Lockemy Martin, L. McAbee McCain McGinnis McKay McLellan McTeer Neilson Nesbitt Nettles Pettigrew Petty Rogers, J. Rogers, T. Rudnick Sheheen Short Sturkie Thrailkill Townsend Wells
Those who voted in the negative are:
Alexander, M.O. Aydlette Bailey, K. Baker Barfield Bennett Blackwell Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Clyborne Dangerfield Elliott Faber Felder Foxworth Haskins Helmly Holt Johnson, J.C. Johnson, J.W. Jones Kay Lewis Limehouse Mappus Martin, D. Mattos McBride McElveen Moss Pearce Phillips, L. Phillips, O. Rhoad Rice Shelton Simpson Snow Stoddard Taylor Washington Whipper White Wilkins Winstead
So, the amendment was tabled.
Rep. CORNING moved to reconsider the vote whereby the amendment was tabled.
Rep. PETTIGREW moved to table the motion to reconsider.
Rep. J. BRADLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Arthur Beasley Boan Burch Burriss, T.M. Cole Cork Corning Edwards Fair Foster Gilbert Gregory Harris, J. Hayes Hearn Huff Humphries Johnson, J.C. Kay Keyserling Kirsh Koon Lanford Martin, L. McAbee McCain McEachin McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Rogers, J. Rudnick Sharpe Sheheen Short Sturkie Townsend Waldrop Wells Wilder
Those who voted in the negative are:
Alexander, M.O. Altman Aydlette Bailey, K. Baker Barfield Bennett Blackwell Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Clyborne Dangerfield Davenport Derrick Elliott Faber Felder Ferguson Foxworth Haskins Helmly Holt Johnson, J.W. Jones Lewis Limehouse Lockemy Mappus Martin, D. Mattos McBride McElveen Pearce Petty Phillips, L. Phillips, O. Rice Simpson Snow Stoddard Taylor Washington Whipper White Wilkins Winstead
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider the vote whereby the amendment was tabled.
Rep. GREGORY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Aydlette Bailey, G. Bailey, K. Baker Barfield Bennett Bradley, J. Bradley, P. Brown, G. Brown, H. Brown, J. Clyborne Dangerfield Derrick Elliott Faber Felder Foxworth Haskins Helmly Holt Johnson, J.W. Jones Klapman Lewis Limehouse Lockemy Mappus Martin, D. Mattos McBride McElveen Pearce Phillips, L. Phillips, O. Rice Sharpe Simpson Snow Stoddard Washington Whipper White Winstead
Those who voted in the negative are:
Alexander, T.C. Arthur Baxley Beasley Boan Brown, R. Burch Burriss, M.D. Burriss, T.M. Cole Cork Corning Edwards Fair Ferguson Foster Gilbert Gregory Harris, J. Hayes Hearn Huff Humphries Johnson, J.C. Kirsh Koon Lanford Martin, L. McAbee McCain McEachin McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pettigrew Petty Rogers, J. Rudnick Sheheen Short Sturkie Thrailkill Townsend Waldrop Wells Wilder
So, the motion to reconsider was rejected.
Rep. DAVENPORT proposed the following Amendment No. 17A (Doc. No. 4400J), which was tabled.
Amend the bill, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, by adding an appropriately numbered subitem to read:
/___. Mt. View Areas and
Neighborhoods in the area
(Water) (Northern Part of
Spartanburg County) $350,000.00
Total, Water Projects (Northern
Part of Spartanburg County) $350,000.00
Renumber subitems to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
Rep. J. ROGERS moved to table the amendment.
Rep. DAVENPORT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 50 to 31.
Rep. McABEE proposed the following Amendment No. 18A (Doc. No. 4264J), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _____. The General Assembly may authorize state capital improvement bonds only for use by state agencies, departments, authorities, boards, or commissions with independent governing bodies./ The provisions of this section in no way affect any previously authorized bonds or any item in the 1988 Bond Bill.
Renumber sections to conform.
Amend title to conform.
Rep. McABEE explained the amendment.
Rep. SHEHEEN spoke against the amendment and moved to table the amendment.
Rep. McABEE demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 15.
Rep. FOXWORTH proposed the following Amendment No. 19A, which was tabled.
Amend as and if amended, Section 1, Paragraph 32, lines 21-24: delete $6,000,000 and replace with $5,250,000.
Section 1, Paragraph 34: delete "$5,000,000" and replace with "$4,375,000" at lines 10-12;
Section 1, Paragraph 35, lines 22-24: delete "$5,000,000" and replace with "$4,375,000".
Add to Section 1, Paragraph 37: "North Charleston Civic Center $2,000,000."
Rep. FOXWORTH moved to table the amendment, which was agreed to.
Rep. TOWNSEND proposed the following Amendment No. 20A (Doc. No. 4452J), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _____. The plans for the construction of a roof for a new building or the repair of a roof of an existing building which is funded by monies derived from bonds authorized in this act must be submitted for cost comparisons to the Joint Bond Review Committee and the State Budget and Control Board. The plans must provide for the roofs to have a minimum of one and twelve pitch./
Renumber sections to conform.
Amend title to conform.
Rep. TOWNSEND explained the amendment.
Rep. GREGORY raised the Point of Order that Amendment No. 20A was out of order as it was not germane to the Bill.
The SPEAKER Pro Tempore overruled the Point of Order.
Rep. McLELLAN moved to table the amendment.
Rep. TOWNSEND demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 34 to 27.
Reps. CORK, MAPPUS, FOXWORTH, HOLT and WINSTEAD proposed the following Amendment No. 21A, which was ruled out of order.
Amend as and if amended, all accommodations tax revenues collected by ocean front or coastal counties will remain in that county and that amount which is sent to other inland counties will be used for beach erosion renourishment funds.
Rep. KIRSH raised the Point of Order that Amendment No. 21A was out of order as it was not germane to the Bill.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the amendment out of order.
Rep. LIMEHOUSE proposed the following Amendment No. 22A (Doc. No. 4462J), which was tabled.
Amend the bill, as and if amended, in subitem 5 of Section 1, by striking /6,186,000/ on line 18 of page 2 and inserting /6,086,000/.
Amend the bill further, as and if amended, in subitem 7. of Section 1 by striking /1,500,000/ on line 33 of page 2 and inserting /1,400,000/.
Amend the bill further, as and if amended, in subitem 28. of Section 1 by striking /10,000,000/ on line 7 of page 8 and inserting /9,750,000/.
Amend the bill further, as and if amended, in subitem 33. of Section 1 by striking /9,500,000/ on line 35 of page 9 and inserting /9,250,000/.
Amend the bill further, as and if amended, by adding a new subitem to Section 1 to be appropriately numbered which shall read:
/_____. North Charleston Coliseum 700,000
Total, North Charleston Coliseum 700,000
Renumber items to conform.
Amend totals and title to conform.
Rep. LIMEHOUSE explained the amendment.
Rep. McLELLAN spoke against the amendment and moved to table the amendment.
Rep. HOLT demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 55 to 12.
Rep. GREGORY moved to reconsider the vote whereby Amendment No. 6A was rejected and the motion was noted.
Rep. LOCKEMY proposed the following Amendment No. 23A (Doc. No. 4457J), which was ruled out of order.
Amend the bill, as and if amended, page 5, by adding beginning on line 19:
/The Educational Television Commission shall reassess coverage of public radio to insure that every county receives primary coverage./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LOCKEMY explained the amendment.
Rep. WINSTEAD raised the Point of Order that Amendment No. 23A was out of order as it was not germane to the Bill.
The SPEAKER Pro Tempore sustained the Point of Order and ruled the amendment out of order.
Rep. PETTIGREW proposed the following Amendment No. 24A (Doc. No. 4466J), which was tabled.
Amend the bill, as and if amended, in Section 1, by striking the following numbered subitems added in Item (f) of Section 3 of Act 1377 of 1968: (1) through (14), sub-subitems (c) and (d) of Section 15, Sections 16 through 22, Sections 24 through 30, and Sections 32 through 36.
Amend further by adding an appropriately numbered section to read:
/SECTION _____. Section 2-7-105 of the 1976 Code is amended to read:
"Section 2-7-105. State capital improvements bonds may not be authorized by the General Assembly except in even odd-numbered years beginning in 1989."/
Renumber sections to conform.
Amend title to conform.
Rep. PETTIGREW explained the amendment.
Rep. WINSTEAD raised the Point of Order that Amendment No. 24A was out of order as Sections 32-36 had been voted in the negative twice and therefore, closed.
Rep. PETTIGREW argued contra the Point.
The SPEAKER Pro Tempore overruled the Point of Order.
Rep. PETTIGREW continued speaking.
Rep. PEARCE moved to table the amendment.
Rep. McEACHIN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Arthur Aydlette Bailey, K. Baker Barfield Bennett Blackwell Boan Bradley, J. Bradley, P. Burch Carnell Clyborne Cork Dangerfield Edwards Elliott Ferguson Foster Gilbert Harris, J. Harvin Haskins Helmly Holt Huff Jones Keyserling Mappus Martin, D. Martin, L. Mattos McAbee McKay McLellan McTeer Neilson Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Shelton Short Waldrop Washington Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Bailey, G. Baxley Beasley Brown, H. Brown, J. Chamblee Cole Corning Davenport Derrick Faber Fair Gentry Gregory Hayes Hearn Hodges Humphries Johnson, J.C. Johnson, J.W. Kay Kirsh Klapman Koon Lanford Lewis Limehouse Lockemy McBride McCain McEachin McElveen McGinnis Moss Nesbitt Pettigrew Sheheen Simpson Taylor Thrailkill Townsend Wells
So, the amendment was tabled.
The motion of Rep. GREGORY to reconsider the vote whereby Amendment No. 6A was rejected was taken up.
Rep. McLELLAN moved to table the motion to reconsider.
Rep. SIMPSON demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Altman Arthur Barfield Beasley Bennett Blackwell Boan Bradley, P. Burch Carnell Cork Edwards Elliott Gilbert Harris, J. Harvin Hearn Helmly Keyserling Martin, D. Martin, L. Mattos McAbee McKay McLellan McTeer Moss Pearce Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rudnick Shelton Snow Stoddard Waldrop Wilder Wilkins Winstead
Those who voted in the negative are:
Alexander, T.C. Aydlette Bailey, G. Baker Baxley Bradley, J. Brown, H. Brown, J. Burriss, T.M. Chamblee Cole Corning Davenport Derrick Faber Fair Felder Ferguson Foster Foxworth Gentry Gregory Haskins Hayes Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Kirsh Koon Lanford Lewis Limehouse Lockemy Mappus McBride McCain McEachin McGinnis McLeod, E.B. Nesbitt Pettigrew Petty Rogers, T. Sharpe Short Simpson Sturkie Taylor Thrailkill Townsend Wells Whipper
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider the vote whereby the amendment was rejected.
Rep. McTEER moved to adjourn debate upon the motion to reconsider.
Rep. GREGORY moved to table the motion to adjourn debate, which was agreed to.
The question then recurred to the motion to reconsider, which was agreed to.
The question then recurred to the adoption of the amendment.
Rep. AYDLETTE demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 60 to 36.
Rep. PETTIGREW moved to reconsider the vote whereby Amendment No. 6A was adopted.
Rep. McEACHIN moved to table the motion to reconsider.
Rep. McABEE moved to adjourn debate upon the motion to table, which was rejected.
The question then recurred to the motion to table the motion to reconsider, which was agreed to.
Rep. HASKINS proposed the following Amendment No. 25A, which was tabled.
Amend as and if amended, Page 4025-10 by deleting in its entirety beginning on line 45 after the word /construction/ through page 4025-11, line 8.
Amend totals and title to conform.
Rep. HASKINS explained the amendment.
Reps. WASHINGTON and McLELLAN spoke against the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. WASHINGTON moved to table the amendment.
Rep. P. BRADLEY demanded the yeas and nays, which were not ordered.
The amendment was then tabled by a division vote of 58 to 32.
Rep. MAPPUS proposed the following Amendment No. 26A, which was tabled.
Amend as and if amended, H. 4025 - No funds from Item 28 - line 7 & 8 page 4025 - 9 shall be expended until a beach management plan approved by the Coastal Council, has been placed in effect by S.C. or the Local Gov't. where beach is being restored.
Rep. MAPPUS moved to table the amendment, which was agreed to.
Rep. J.C. JOHNSON proposed the following Amendment No. 27A (Doc. No. 4455J), which was tabled.
Amend the bill, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, page 1, lines 39, 40, and 41, by striking subitem 3.
Renumber subitems to conform.
Amend totals and title to conform.
Rep. J.C. JOHNSON explained the amendment.
Rep. J. ROGERS spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 60 to 18.
Rep. J.C. JOHNSON proposed the following Amendment No. 28A (Doc. No. 4456J), which was ruled out of order.
Amend the bill, as and if amended, in Item (f) of Section 3 of Act 1377 of 1968, as last amended by Act 538 of 1986, as contained in SECTION 1, page 9, lines 21 through 33, by striking subitem 32.
Renumber subitems to conform.
Amend totals and title to conform.
Rep. WILKINS raised the Point of Order that Amendment No. 28A was out of order as it was identical to a previous amendment.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
Rep. McTEER proposed the following Amendment No. 11A (Doc. No. 4444J), which was rejected.
Amend the bill, as and if amended, page 4, by striking lines 19 and 20 and inserting:
/(g) Beaufort: Allied Health Building 1,775,000/.
Renumber sections to conform.
Amend totals and title to conform.
Rep. McTEER explained the amendment.
The amendment was then rejected by a division vote of 30 to 35.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The following was introduced:
H. 4336 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 411, RELATING TO ANNEXATION, FOR THIRD READING OR OTHER CONSIDERATION IMMEDIATELY FOLLOWING THE ADOPTION OF THIS RESOLUTION AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S. 411 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That S. 411 be set by special order for third reading or other consideration immediately following the adoption of this resolution and continuing each legislative day thereafter immediately following the call of the uncontested calendar until S. 411 is given third reading or it is otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
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. 411 -- Senators Bryan, Lourie, Leventis, Thomas, Fielding, Waddell, Wilson, Powell, Lindsay, Pope, Patterson, Mitchell, Nell W. Smith, Long, Hayes, Horace C. Smith, Setzler, Saleeby, Land, Drummond, Dennis, McLeod, Martin and Giese: A BILL TO AMEND CHAPTER 3 OF TITLE 5, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE METHODS OF ANNEXATION AUTHORIZED FOR MUNICIPALITIES, BY ADDING SECTION 5-3-300 SO AS TO AUTHORIZE AN ADDITIONAL METHOD OF ANNEXATION WHICH MAY BE INITIATED BY A PETITION OF TWENTY-FIVE PERCENT OR MORE OF THE RESIDENT FREEHOLDERS IN AN AREA CALLING FOR AN ELECTION IN A PROPOSED AREA AND IF APPROVED BY A MAJORITY OF THE QUALIFIED ELECTORS THE MUNICIPAL COUNCIL SHALL GIVE PUBLIC NOTICE THAT IT INTENDS TO ANNEX THE AREA, PROVIDE THAT NOTICE OF THE ELECTION MUST BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION IN THE MUNICIPALITY, PROVIDE THAT IF A PETITION IS NOT SUBMITTED WITHIN THIRTY DAYS AFTER NOTICE IS GIVEN AN ELECTION MUST BE HELD WITHIN A MUNICIPALITY TO APPROVE THE ANNEXATION, PROVIDE THAT THE ANNEXATION IS NOT EFFECTIVE UNLESS APPROVED BY THE ELECTORS IN THE MUNICIPALITY, AND PROVIDE THAT ANY FREEHOLDER WHO OWNS TWENTY-FIVE PERCENT OR MORE OF THE ASSESSED VALUE OF REAL PROPERTY IN THE AREA TO BE ANNEXED SHALL RECEIVE WRITTEN NOTICE OF THE ANNEXATION AND IF HE FILES WRITTEN OBJECTION TO THE INCLUSION OF HIS PROPERTY IN THE AREA TO BE ANNEXED HIS PROPERTY MUST BE EXCLUDED FROM THE ANNEXATION.
Rep. WILKINS explained the Bill.
The following was introduced:
H. 4337 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1194, RELATING TO PROBATE COURTS, UNTIL IT IS GIVEN SECOND AND THIRD READING OR OTHERWISE DISPOSED OF.
Be it resolved by the House of Representatives:
That S. 1194 be set by special order for second reading or other disposition immediately following third reading or other disposition of S. 411 and that S. 1194 beset by special order for third reading or other disposition on the next legislative day after the call of the uncontested calendar until S. 1194 is given third reading or is otherwise disposed of.
The Resolution was adopted.
The following Bill was taken up.
S. 1194 -- Senators Thomas E. Smith, Jr., Bryan, Hayes and Fielding: A BILL TO AMEND SECTION 62-1-108, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTS BY A HOLDER OF A GENERAL POWER OF APPOINTMENT, SO AS TO DEFINE THE TERM "PRESENTLY EXERCISABLE GENERAL POWER OF APPOINTMENT"; TO AMEND SECTION 62-1-302, AS AMENDED, RELATING TO THE SUBJECT MATTER OF JURISDICTION OF THE PROBATE COURTS, SO AS TO REVISE CERTAIN ASPECTS OF THIS JURISDICTION; TO AMEND SECTION 62-1-306, RELATING TO JURY TRIALS IN THE PROBATE COURT, SO AS TO FURTHER PROVIDE FOR THE SITUATIONS WHEN JURY TRIALS MAY BE DEMANDED AND THE MANNER IN WHICH THESE TRIALS MAY BE WAIVED; TO AMEND SECTION 62-3-1201, AS AMENDED, RELATING TO THE COLLECTION OF PERSONAL PROPERTY BY AFFIDAVIT, SO AS TO PERMIT CERTAIN ESTATES UNDER TEN THOUSAND DOLLARS NOT TO BE ADMINISTERED; TO AMEND SECTION 62-5-102, RELATING TO JURISDICTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY, SO AS TO CLARIFY THAT THE PROBATE COURT HAS JURISDICTION OF CERTAIN PROTECTIVE PROCEEDINGS AND GUARDIANSHIP PROCEEDINGS; TO AMEND SECTION 62-5-402, RELATING TO PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THE JURISDICTION OF THE PROBATE COURT AND OTHER COURTS WITH REGARD TO CERTAIN CLAIMS AND ISSUES IN THESE PROCEEDINGS; TO AMEND SECTION 62-5-411, RELATING TO BONDS IN PROTECTIVE PROCEEDINGS, SO AS TO FURTHER PROVIDE FOR THESE BONDING REQUIREMENTS; TO AMEND SECTION 62-5-424, RELATING TO POWERS OF A CONSERVATOR, SO AS TO REVISE HIS AUTHORITY TO PAY, CONTEST, OR SETTLE CERTAIN CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-5-433 SO AS TO PROVIDE THAT THE CIRCUIT COURT HAS EXCLUSIVE JURISDICTION TO APPROVE THE SETTLEMENT OF CLAIMS IN EXCESS OF TEN THOUSAND DOLLARS FOR OR AGAINST ANY MINOR OR INCAPACITATED PERSON FOR THE PAYMENT OF MONEY OR THE POSSESSION OF PERSONAL PROPERTY, TO PROVIDE THAT THE PROBATE COURT HAS CONCURRENT JURISDICTION WITH THE CIRCUIT COURT WHERE THESE CLAIMS DO NOT EXCEED TEN THOUSAND DOLLARS, AND TO PROVIDE THE PROCEDURES TO BE FOLLOWED IN SETTLING THESE CLAIMS; TO AMEND THE 1976 CODE BY ADDING SECTION 62-7-211 SO AS TO ALLOW THE COURT TO CONSOLIDATE OR DIVIDE TRUSTS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 62-7-302, RELATING TO A TRUSTEE'S STANDARD OF CARE, SO AS TO FURTHER PROVIDE FOR THIS STANDARD OF CARE; TO AMEND SECTION 62-7-418, RELATING TO CHARGES WHICH MUST BE MADE AGAINST PRINCIPAL, SO AS TO FURTHER PROVIDE FOR THESE CHARGES; TO AMEND THE 1976 CODE BY ADDING SECTION 15-72-lo SO AS TO CONFORM THE JURISDICTION OF THE CIRCUIT COURT TO THE PROVISIONS OF SECTION 62-5-433; AND TO REPEAL SECTION 62-3-1202, RELATING TO THE EFFECT OF AFFIDAVITS WITH RESPECT TO PERSONAL PROPERTY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 3967J), which was adopted.
Amend the bill, as and if amended, by striking Section 62-5-433 of the 1976 Code as contained in SECTION 9 and inserting:
/Section 62-5-433. (A)(1) For purposes of this section and for any claim exceeding ten thousand dollars in favor of or against any minor or incapacitated person, 'court' means the circuit court of the county in which the minor or incapacitated person resides. For purposes of this section and for any claim not exceeding the sum of ten thousand dollars in favor of or against any minor or incapacitated person, 'court' means either the circuit court or the probate court of the county in which the minor or incapacitated person resides;
(2) 'Settlement' means the net or actual amount accruing to the minor or incapacitated person; and
(3) 'Petitioner' means either a conservator appointed by the probate court for the minor or incapacitated person or the guardian or guardian ad litem of the minor or incapacitated person if a conservator has not been appointed.
(B) The settlement of any claim over the sum of two thousand, five hundred dollars in favor of or against any minor incapacitated person for the payment of money or the possession of personal property must be effected on his behalf in the following manner:
(1) The petitioner shall file with the court a verified petition setting forth all of the pertinent facts concerning the claim, payment, attorney fees, and expenses, if any, and the reasons why, in the opinion of the petitioner, the proposed settlement should be approved. For all claims that exceed ten thousand dollars, the verified petition must include a statement by the petitioner that, in his opinion, the proposed settlement is in the best interests of the minor or incapacitated person.
(2) If, upon consideration of the petition and after hearing the testimony as it may require concerning the matter, the court concludes that the proposed settlement is proper and in the best interests of the minor or incapacitated person, the court shall issue its order approving the settlement and authorizing the petitioner to consummate it and, if the settlement requires the payment of money or the delivery of property for the benefit of the minor or incapacitated person, to receive the money or property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person.
(3) The order authorizing the settlement must require that payment or delivery of the money or property be made through the conservator. If a conservator has not been appointed, the petitioner shall, upon receiving the money or property, pay and deliver it to the court pending the appointment and qualification of a duly appointed conservator. If a party subject to the court order fails or refuses to pay the money or deliver the property as required by the order, he is liable and punishable as for contempt of court, but failure or refusal does not affect the validity or conclusiveness of the settlement.
(C) The settlement of any claim that does not exceed two thousand, five hundred dollars in favor of or against a minor or incapacitated person for the payment of money or the possession of personal property may be effected in any of the following manners:
(1) if a conservator has been appointed, he may settle the claim as provided in Section 62-5-424 or he may petition the court for approval as provided in subsection (B) above. The payment or delivery of money or personal property to a minor or incapacitated person must be made in accordance with Section 62-5-103.
(2) if a conservator has not been appointed, the guardian must petition the court for approval of the settlement as provided in subsection (B) above. The payment or delivery of money or personal property to a minor or incapacitated person must be made in accordance with Section 62-5-103.
(D) The settlement of any claim that does not exceed one thousand dollars in favor of or against any minor or incapacitated person for the payment of money or the possession of personal property may be effected by the parent or guardian of the minor or incapacitated person without court approval of the settlement and without the appointment of a conservator. The payment or delivery of money or personal property to a minor or incapacitated person must be made in accordance with Section 62-5-103. "/
Amend the bill further, as and if amended, by striking SECTION 20 and inserting:
/SECTION 20. Section 62-5-103 of the 1976 Code is amended to read:
"Section 62-5-103. Any person under a duty to pay or deliver money or personal property to a minor or incapacitated person may perform this duty in amounts not exceeding ten thousand dollars per annum, by paying or delivering the money or property to (1) the minor or incapacitated person if he is married; (2) any person having the care and custody of the minor or incapacitated person with whom the minor or incapacitated person resides; (3) a guardian of the minor or incapacitated person; or (4) a financial institution incident to a deposit in a federally insured savings account in the sole name of the minor or incapacitated person and giving notice of the deposit to the minor or incapacitated person. This section does not apply if the person making payment or delivery has actual knowledge that a conservator has been appointed or proceedings for appointment of a conservator of the estate of the minor or incapacitated person are pending. The persons, other than the minor or incapacitated person or any financial institution under (4) above, receiving money or property for a minor or incapacitated person, are obligated to apply the money to the support and education of the minor or incapacitated person, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the minor's or incapacitated person's support. Any excess sums shall must be preserved for future support of the minor or incapacitated person and any balance not so used and any property received for the minor or incapacitated person must be turned over to the minor when he attains majority or to the incapacitated person when he is no longer incapacitated. Persons who pay or deliver in accordance with provisions of this section are not responsible for the proper application thereof."/
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. HUFF proposed the following Amendment No. 2 (Doc. No. 4132J), which was adopted.
Amend the bill, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION _____. (A) Provisions of the South Carolina Probate Code which became effective July 1, 1987, superseded the minor settlement provisions of former Sections 15-71-10 through 15-71-30 of the 1976 Code which had required court approval of the settlement. On September 24, 1987, the South Carolina Supreme Court issued an administrative order reinstituting a court approval procedure for the settlement of minor claims. It is the intent of the General Assembly that the settlement of any claim involving a minor completed between July 1, 1987, and September 24, 1987, is presumed facially valid, and the General Assembly has therefore determined to enact the provisions of Section 62-5-434 herein. Neither the court which may have approved a settlement nor a person who completed the settlement of a minor's claim but did not seek court approval during this time period is liable for their good faith exercise of discretion in approving or completing the settlement.
(B) The 1976 Code is amended by adding:
"Section 62-5-434. The settlement of any claim involving a minor completed between July 1, 1987, and September 24, 1987, is presumed facially valid whether effectuated with or without court approval."/
Renumber sections to conform.
Amend title to conform.
Rep. HUFF explained the amendment.
The amendment was then adopted.
Reps. HAYES and WILKINS proposed the following Amendment No. 3 (Doc. No. 4226J), which was adopted.
Amend the report of the Committee on Judiciary, as and if amended, by striking item (2), subsection (A) of Section 62-5-433 of the 1976 Code which begins on line 42 of page [1194-1] and inserting:
/(2) "Claim" means the net or actual amount accruing to or paid by the minor or incapacitated person as a result of the settlement;/.
Amend the report further, as and if amended, in Section 62-5-433 by inserting immediately after /above./ on line 16 of page [1194-3] the following:
/If the settlement requires the payment of money or the delivery of property for the benefit of the minor or incapacitated person, the conservator shall receive the money or property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person./
Amend the report further, as and if amended, in Section 62-5-433 by inserting immediately after /conservator./ on line 34 of page [1194-3] the following:
/If the settlement requires the payment of money or the delivery of property for the benefit of the minor or incapacitated person, the parent or guardian shall receive the money or property and execute a proper receipt and release or covenant not to sue therefor, which is binding upon the minor or incapacitated person./
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
Rep. HAYES explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. McCAIN moved that the House do now adjourn.
Rep. McLELLAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bradley, J. Burriss, M.D. Burriss, T.M. Corning Gregory Hearn Klapman Lanford Limehouse McCain Nesbitt Simpson Stoddard Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Brown, J. Burch Chamblee Clyborne Cole Cork Dangerfield Davenport Derrick Edwards Faber Felder Ferguson Foster Gentry Gilbert Harris, J. Harvin Haskins Hayes Helmly Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McBride McEachin McElveen McGinnis McLellan McLeod, E.B. Moss Neilson Pearce Petty Phillips, L. Phillips, O. Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Snow Sturkie Thrailkill Townsend Waldrop Whipper White Wilder
So, the House refused to adjourn.
The following was introduced:
H. 4338 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S. 1519, RELATING TO CORPORATIONS, UNTIL S. 1519 IS GIVEN SECOND AND THIRD READING OR OTHERWISE DISPOSED OF.
Be it resolved by the House of Representatives:
That S. 1519 be set by special order for second reading or other disposition immediately following second reading or other disposition of S. 1194 and that S. 1519 be set by special order for third reading or other disposition immediately following third reading or other disposition of S. 1194 and that consideration of S. 1519 continue each legislative day until S. 1519 is given third reading or is otherwise disposed of.
Rep. HUFF explained the Resolution.
The Resolution was adopted.
Reps. McLELLAN and BOAN made a statement relative to the Conference Committee Status on major issues to the General Appropriations Bill, H. 3880.
Rep. McLELLAN moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Brown, G. Brown, H. Brown, J. Burch Burriss, T.M. Carnell Chamblee Clyborne Cole Cork Dangerfield Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Gilbert Gregory Harris, J. Harvin Haskins Hayes Hearn Helmly Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Klapman Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Townsend Waldrop Washington Wells Whipper White Wilder Wilkins Winstead
Those who voted in the negative are:
Corning Davenport McEachin Pettigrew Thrailkill
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. McLELLAN, BOAN and J. ROGERS to the Committee of Free Conference and a message was sent to the Senate accordingly.
I wish to be recorded as voting in favor of granting Free Conference Powers on H. 3880.
Rep. Day.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to by a division vote of 85 to 5.
The following was received.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Lindsay and Moore of the Committee of Free Conference on the part of the Senate on H. 3880.
Very respectfully,
President
No. 75
Received as information.
The following was received.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Conference on S. 725, having been adopted by both Houses:
S. 725 - Senator Mitchell: A BILL TO AMEND SECTION 58-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REGIONAL TRANSPORTATION AUTHORITY LAW, SO AS TO DEFINE FINANCIAL CONTRIBUTION; AND TO AMEND SECTION 58-25-40, AS AMENDED, RELATING TO THE AUTHORITY'S BOARD MEMBERS AND EMPLOYEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE THREE ADDITIONAL MEMBERS OF THE BOARD BY THE LEGISLATIVE DELEGATIONS OF THE MEMBER COUNTIES AND METHODS OF APPORTIONMENT OF THE BOARD MEMBERS.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
No. 49
Received as information.
The following was received.
Columbia, S.C., May 31, 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. 711 -- Judiciary Committee: A BILL TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO INCREASE FEES FOR RECORDING DOCUMENTS AFFECTING TITLE TO REAL AND PERSONAL PROPERTY FROM FOUR DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES TO SIX DOLLARS AND ONE DOLLAR FOR EACH ADDITIONAL PAGE OVER FOUR PAGES, TO ELIMINATE THE FEE FOR RECORDING A SATISFACTION OF A MORTGAGE, AND TO INCREASE THE FEE FOR FILING FIRST COMPLAINT OR PETITION IN CIVIL ACTIONS FROM TWENTY-FIVE TO THIRTY DOLLARS, EXCEPT THAT IF A CASE IS STRUCK FROM THE DOCKET AND LATER RESTORED THE REFILING FEE IS TEN DOLLARS AND THE FILING FEE FOR A CONDEMNATION PROCEEDING IS TEN DOLLARS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 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. 1175 -- Senators Garrison, Horace C. Smith and Waddell: A BILL TO AMEND SECTION 59-20-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE EDUCATION FINANCE ACT, SO AS TO REVISE THE DEFINITION OF "INDEX OF TAXPAYING ABILITY", TO ESTABLISH A SCHEDULE OF REPORTING INFORMATION NECESSARY TO CALCULATE THE INDEX, TO REQUIRE A TWENTY PERCENT REDUCTION IN FUNDS APPROPRIATED FOR AID TO SUBDIVISIONS FOR A COUNTY IF ITS OFFICIALS FAIL TO REPORT NECESSARY DATA TO THE TAX COMMISSION IN A TIMELY FASHION, TO PROVIDE THAT THE TAX COMMISSION SHALL PROVIDE PRELIMINARY DATA IN THE INDEX TO APPROPRIATE OFFICIALS NOT LATER THAN MARCH FIRST AND A FINAL INDEX NOT LATER THAN MAY FIRST WHICH MAY NOT BE CHANGED DURING THE APPLICABLE SCHOOL YEAR, AND TO AMEND SECTION 12-43-305, RELATING TO PAYMENT OF PROPERTY TAXES WHEN VALUATION IS ON APPEAL, SO AS TO PROVIDE THAT IN THE CASE OF OVERPAYMENTS, THE ASSESSED VALUE FOR THE CURRENT YEAR MUST BE REDUCED BY THE CUMULATIVE AMOUNT OF THE EXCESS ASSESSMENT.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 3735:
H. 3735 -- Reps. Hodges, Mappus and Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-43-245 SO AS TO MAKE IT UNLAWFUL FOR A LICENSED INSURANCE AGENT KNOWINGLY TO PRESENT OR AID IN THE PREPARATION OF AN INSURANCE APPLICATION CONTAINING FALSE OR MISLEADING INFORMATION MATERIAL TO THE UNDERWRITING OR WHICH OMITS MATERIAL INFORMATION 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 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to H. 4238:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received from the Senate.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 1:
S. 1 -- Senator Thomas E. Smith, Jr.: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 22 SO AS TO PROVIDE A UNIFORM MINIMUM COMPENSATION PLAN FOR MAGISTRATES AND THE FUNDING OF MAGISTRATES' COURTS; TO AMEND SECTION 22-3-10, RELATING TO THE CIVIL JURISDICTION OF MAGISTRATES, SO AS TO REVISE THE JURISDICTION; TO REPEAL SECTION 22-2-180 RELATING TO COMPENSATION OF MAGISTRATES; TO AMEND CHAPTER 11 OF TITLE 14, RELATING TO MASTERS AND REFEREES, BY ADDING SECTION 14-11-200 SO AS TO REQUIRE TESTIMONY IN ALL CASES INVOLVING TITLE TO REAL ESTATE TO BE TAKEN AND TRANSCRIBED AND IN ALL OTHER CASES TO BE TRANSCRIBED UPON REQUEST OF A PARTY OR IN THE DISCRETION OF THE MASTER-IN-EQUITY; TO AMEND SECTION 14-11-10, RELATING TO THE ESTABLISHMENT OF MASTER-IN-EQUITY COURTS IN THE COUNTIES OF THIS STATE, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF THE COURTS IN EACH COUNTY HAVING A POPULATION OF AT LEAST ONE HUNDRED TWENTY-FIVE THOUSAND AND FOR THE APPOINTMENT OF MASTERS-IN-EQUITY, TO DELETE AN OBSOLETE REFERENCE TO A DATE, AND TO PROVIDE FOR PART-TIME MASTERS-IN-EQUITY; TO AMEND SECTION 14-11-20, RELATING TO THE APPOINTMENT OF TERMS OF MASTERS-IN-EQUITY, SO AS TO PROVIDE FOR THE APPOINTMENT BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE INSTEAD OF THE GENERAL ASSEMBLY FOR A TERM OF SIX INSTEAD OF FOUR YEARS, TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO DESIGNATE PART-TIME AND FULL-TIME MASTERS-IN-EQUITY, TO ESTABLISH QUALIFICATIONS, TO PROVIDE THAT A MASTER-IN-EQUITY IS SUBJECT TO ASSIGNMENT AS NEEDED BY THE CHIEF JUSTICE OF THE SUPREME COURT, TO PROHIBIT A FULL-TIME MASTER-IN-EQUITY FROM ENGAGING IN THE PRACTICE OF LAW AND STANDING MASTERS-IN-EQUITY FROM SERVING AS PROBATE JUDGES, AND TO PROVIDE CONDITIONS UNDER WHICH A PART-TIME MASTER-IN-EQUITY MAY PRACTICE LAW; TO AMEND SECTION 14-11-30, RELATING TO THE COMPENSATION OF MASTERS-IN-EQUITY, SO AS TO REVISE THE COMPENSATION, TO PROVIDE FOR THE OTHER EXPENSES OF THE MASTER-IN-EQUITY'S OFFICE, AND TO PROVIDE FOR THE APPOINTMENT OF EITHER A PART-TIME OR FULL-TIME MASTER-IN-EQUITY BASED UPON THE POPULATION OF THE COUNTY OR THE AREA SERVED; TO AMEND SECTION 14-11-60, RELATING TO THE FILLING OF A VACANCY, DISQUALIFICATION, OR DISABILITY IN THE OFFICE OF MASTER-IN-EQUITY, SO AS TO PROVIDE THAT A PRESIDING CIRCUIT COURT JUDGE, AFTER GOOD CAUSE BEING SHOWN AND UPON AGREEMENT OF THE PARTIES, MAY APPOINT A SPECIAL REFEREE WITH ALL THE POWERS OF A MASTER-IN-EQUITY WHO MUST BE COMPENSATED BY THE PARTIES INVOLVED IN THE ACTION; TO AMEND SECTION 14-11-90, RELATING TO THE POWERS OF A MASTER-IN-EQUITY, SO AS TO REVISE THE POWERS OF A MASTER-IN-EQUITY, PROVIDE THAT A MASTER-IN-EQUITY HAS THE SAME POWER AND AUTHORITY AS A CIRCUIT COURT JUDGE SITTING WITHOUT A JURY, PROVIDE THAT THE EQUITY COURT IS CONSIDERED A DIVISION OF THE CIRCUIT COURT AND THE MASTER-IN-EQUITY IS ENTITLED TO ALL BENEFITS AND ALL REQUIREMENTS IN THE SAME RESPECT AS CIRCUIT AND FAMILY COURT JUDGES, PROVIDE FOR THE MANNER IN WHICH A MASTER-IN-EQUITY MAY DECIDE ISSUES RAISED BY THE PLEADINGS AND PROOF, AND PROVIDE THAT APPEALS FROM FINAL JUDGMENTS ENTERED BY A MASTER-IN-EQUITY MUST BE TO THE CIRCUIT COURT UNLESS OTHERWISE DIRECTED BY ORDER OF THE CIRCUIT COURT OR BY CONSENT OF THE PARTIES; TO AMEND SECTION 14-11-140, RELATING TO THE POWERS OF MASTERS-IN-EQUITY INVOLVING THE PARTITION OF REAL OR PERSONAL PROPERTY, SO AS TO DELETE THE REFERENCES TO THE ADMEASUREMENT OF DOWER; TO AMEND SECTION 14-11-310, RELATING TO FEES COLLECTED BY MASTERS-IN-EQUITY, SO AS TO REVISE THE FEE SCHEDULE FOR ACTIONS HEARD BEFORE THE MASTER-IN-EQUITY; TO AMEND SECTION 14-27-20, RELATING TO THE COMPOSITION OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-30, RELATING TO THE AUTHORITY OF THE CHIEF JUSTICE OF THE SUPREME COURT TO APPOINT THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE INFERIOR COURTS OF THE STATE ON THE COUNCIL; TO AMEND SECTION 14-27-40, RELATING TO THE TERMS OF THE MEMBERS OF THE JUDICIAL COUNCIL, SO AS TO AUTHORIZE THE CHIEF JUSTICE OF THE SUPREME COURT TO DESIGNATE SOME OTHER MEMBER OF THE COURT TO SERVE ON THE COUNCIL DURING HIS TERM OF OFFICE, AND TO ADD TWO MASTERS-IN-EQUITY AND INCREASE FROM ONE TO TWO REPRESENTATIVES OF THE PROBATE COURTS AND TO PROVIDE FOR THE TERMS; TO REPEAL SECTION 14-11-320 RELATING TO COMPENSATION OF REFEREES; TO AMEND ARTICLE 7 OF CHAPTER 21 OF TITLE 8, RELATING TO PROBATE FEES AND COSTS, BY ADDING SECTIONS 8-21-765, 8-21-766, AND 8-21-795 SO AS TO ESTABLISH A SALARY SCHEDULE FOR PROBATE JUDGES BASED ON THE POPULATION OF THE COUNTY IN WHICH THEY SERVE WHICH MUST BE FUNDED BY THE GENERAL ASSEMBLY, PROVIDE THAT ALL PROBATE JUDGES WHO, ON JULY 1, 1988, ARE MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM AND SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM REMAIN MEMBERS OF THESE SYSTEMS, AND PROVIDE THAT ALL FEES, AFTER JUNE 30, 1988, TO WHICH THE PROBATE COURT IS ENTITLED PURSUANT TO SECTION 8-21-790 MUST BE TRANSFERRED TO THE STATE TREASURER AND DEPOSITED IN THE GENERAL FUND; TO AMEND SECTION 8-21-760, RELATING TO THE SALARIES OF PROBATE JUDGES, SO AS TO REQUIRE THE GOVERNING BODY OF EACH COUNTY TO FUND THE OPERATIONS OF THE PROBATE COURT IN THAT COUNTY EXCEPT FOR THE SALARIES OF JUDGES; AND TO AMEND SECTION 9-8-120, RELATING TO THE PROVISIONS GOVERNING A BENEFICIARY OF THE STATE RETIREMENT SYSTEM RETURNING TO THE SERVICE OF THE STATE, SO AS TO AUTHORIZE A RETIRED JUSTICE OR JUDGE TO BE CALLED UPON AND APPOINTED BY THE CHIEF JUSTICE OF THE SUPREME COURT TO PERFORM JUDICIAL DUTIES IN PROBATE COURTS.
Very respectfully,
President
On motion of Rep. WILKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WILKINS, HAYES and HODGES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3572:
H. 3572 -- Reps. T.C. Alexander, M.O. Alexander, Neilson, Petty and G. Bailey: A BILL TO AMEND SECTION 56-10-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO INCREASE FROM TWENTY-FIVE TO ONE HUNDRED DOLLARS THE REINSTATEMENT FEE FOR VEHICLE REGISTRATION AFTER THE REGISTRATION OF A VEHICLE IS SUSPENDED FOR FAILURE TO MAINTAIN INSURANCE ON THE VEHICLE.
and asks for a Committee of Conference and has appointed Senators Saleeby, Fielding and Wilson of the Committee of Conference on the part of the Senate.
Very respectfully,
President
No. 59
Whereupon, the Chair appointed Reps. T.C. ALEXANDER, J. BRADLEY and AYDLETTE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2752:
H. 2752 -- Judiciary Committee: A BILL TO AMEND SECTION 22-3-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAGISTRATES' CIVIL JURISDICTION, SO AS TO INCREASE THE LIMIT FROM ONE THOUSAND DOLLARS TO TWO THOUSAND FIVE HUNDRED DOLLARS.
Very respectfully,
President
On motion of Rep. WILKINS, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. WILKINS, HAYES and HODGES to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 2947:
H. 2947 -- Reps. McAbee and Sharpe: A BILL TO AMEND TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO ENACT THE SOUTH CAROLINA RESOURCES AUTHORITY ACT.
Very respectfully,
President
On motion of Rep. McABEE, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. McABEE, SHARPE and KIRSH to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 1392:
S. 1392 -- Senators Giese, Nell W. Smith and Hayes: A CONCURRENT RESOLUTION EXPRESSING THE INTENT OF THE GENERAL ASSEMBLY THAT NOTWITHSTANDING THE PROVISION OF S. 546, THE COMPREHENSIVE HEALTH EDUCATION ACT, THE BEGINNING DATE FOR INSTRUCTIONAL PROGRAMS IN REPRODUCTIVE HEALTH, FAMILY LIFE EDUCATION, AND PREGNANCY PREVENTION IN THE PUBLIC SCHOOLS OF THIS STATE IS JANUARY 1, 1989.
Very respectfully,
President
On motion of Rep. L. MARTIN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. TOWNSEND, HASKINS and FAIR to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., May 31, 1988
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to H. 4025:
H. 4025 -- Reps. Carnell, McLellan, McAbee, Blanding and Edwards: A BILL TO AMEND ACT 1377 OF 1968, AS AMENDED, RELATING TO THE ISSUANCE OF CAPITAL IMPROVEMENT BONDS, SO AS TO AUTHORIZE THE ISSUANCE OF ADDITIONAL BONDS.
Very respectfully,
President
The House insisted upon its amendments.
Whereupon, the Chair appointed Reps. McLELLAN, BOAN and J. ROGERS to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 4339 -- Reps. Koon, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, J. Bradley, G. Brown, H. Brown, J. Brown, Burch, J.H. Burriss, M.D. Burriss, Chamblee, Clyborne, Cole, Cork, Corning, Dangerfield, Derrick, Faber, Fair, Ferguson, Foster, Foxworth, Gentry, Gregory, P. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Holt, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Kirsh, Klapman, Lewis, Limehouse, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, E.B. McLeod, Moss, Neilson, Nesbitt, Nettles, Pearce, Pettigrew, Petty, L. Phillips, Rhoad, Rice, J. Rogers, T. Rogers, Rudnick, Sharpe, Shelton, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Washington, Wells, Wilder, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE SINCERE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MRS. LOIS T. SHEALY WHO HAS SERVED THIS STATE AS WELL AS THE HOUSE OF REPRESENTATIVES FOR OVER THREE DECADES AND TO EXTEND BEST WISHES FOR A PEACEFUL, REWARDING, AND PRODUCTIVE LIFE.
Whereas, Mrs. Lois T. Shealy of Gilbert in Lexington County announced Thursday, May 19, 1988, that she is resigning June 29, 1988, after working with the House of Representatives since 1952; and
Whereas, from 1952 to 1967 between sessions of the General Assembly, Mrs. Shealy was secretary to the Clerk of the House and served as Journal Clerk from 1953-1955 and General Desk Clerk from 1956-1966. Mrs. Shealy was Assistant Clerk of the House from 1967-1978 and elected Clerk of the House on January 12, 1978, serving continuously since; and
Whereas, Mrs. Shealy graduated from Gilbert High School and Draughon's Business College. She is a member of Grace Lutheran Church and serves on the Board of Visitors of Lander College. Mrs. Shealy is married to Gillis Shealy and has three children, Cynthia Ann, Susan, and Michael; and
Whereas, this graceful lady has served the House of Representatives graciously and always will be remembered by all who knew her as profoundly knowledgeable and eager to provide advice or answer any question; and
Whereas, the House Clerk has been an invaluable asset and contributed immeasurably to the effective and expeditious operation of her office as she directed the daily flow of legislation; and
Whereas, Mrs. Shealy made her announcement "with mixed emotions," and her friends and colleagues accept her decision with those same emotions as she will be missed as well as her expertise in her work; and
Whereas, it is the sincere hope of all who know Mrs. Shealy that she will find abundant happiness and satisfaction in her family and her favorite hobbies. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly express their sincere appreciation to Mrs. Lois T. Shealy who has served this State as well as the House of Representatives for over three decades and extend best wishes for a peaceful, rewarding, and productive life.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Shealy.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4340 -- Reps. Moss and O. Phillips: A CONCURRENT RESOLUTION CONGRATULATING MR. FRANCIS (FRANK) R. SARRATT, PRINCIPAL OF MARY BRAMLETT ELEMENTARY SCHOOL, CHEROKEE COUNTY, FOR BEING SELECTED AS THE "NATIONAL DISTINGUISHED PRINCIPAL OF THE YEAR".
The Concurrent Resolution was agreed to and ordered sent to the Senate.
Rep. McCAIN moved that the House do now adjourn.
Rep. McEACHIN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Aydlette Bailey, K. Bennett Bradley, J. Burriss, M.D. Burriss, T.M. Corning Hearn Klapman Limehouse McCain Pearce Pettigrew Thrailkill
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Baker Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, H. Brown, J. Burch Carnell Chamblee Clyborne Cole Cork Dangerfield Davenport Derrick Edwards Elliott Faber Felder Foster Gregory Harris, J. Harvin Haskins Hayes Helmly Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lanford Lewis Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Petty Phillips, L. Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Shelton Short Simpson Snow Stoddard Sturkie Townsend Waldrop Washington Wells Whipper White Wilder Winstead
So, the House refused to adjourn.
Rep. WHITE insisted upon the Special Orders of the day.
The following Bill was taken up.
S. 1519 -- Judiciary Committee: A BILL TO AMEND SECTIONS 33-14-200, 33-14-210, 33-14-220, AND 33-14-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE DISSOLUTION OF CORPORATIONS UNDER THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO FURTHER PROVIDE FOR THIS ADMINISTRATIVE DISSOLUTION; TO AMEND SECTIONS 33-15-300, 33-15-310, AND 33-15-320, RELATING TO REVOCATION OF A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION; TO AMEND SECTION 33-1-280, RELATING TO THE SECRETARY OF STATE FURNISHING CERTIFICATES OF EXISTENCE FOR CORPORATIONS, SO AS TO REVISE THE CONTENTS OF THE CERTIFICATE OF EXISTENCE AS IT RELATES TO A CORPORATION'S DISSOLUTION OR REVOCATION OF AUTHORITY TO DO BUSINESS; TO AMEND SECTION 12-7-1675, RELATING TO ADMINISTRATIVE DISSOLUTION OF A DOMESTIC CORPORATION OR REVOCATION OF THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS FOR FAILURE TO FILE CERTAIN TAX RETURNS, SO AS TO FURTHER PROVIDE FOR THIS DISSOLUTION OR REVOCATION; AND TO REPEAL CHAPTER 29 OF TITLE 33, RELATING TO FEES AND TAXES PAYABLE BY CORPORATIONS.
Reps. LEWIS, HUFF, FELDER, L. MARTIN and LOCKEMY proposed the following Amendment No. 1 (Doc. No. 4387J), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION _____. Section 33-49-440 of the 1976 Code is amended to read:
"Section 33-49-440. Each member shall be is entitled to one vote on each matter submitted to a vote at a meeting. Voting shall must be in person but, if the bylaws so provide, may also may be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail they shall also must prescribe the conditions under which proxy or mail voting shall may be exercised. In any event no No person shall may vote as proxy for more than three members at any a meeting of the members."
SECTION ____. Section 33-49-610 of the 1976 Code is amended to read:
"Section 33-49-610. (A) The business and affairs of a cooperative shall must be managed by a board of not less than five trustees, each of whom shall must be a member of the cooperative or of another cooperative which shall be is a member thereof of the cooperative. The bylaws shall must prescribe the number of trustees, their qualifications, other than those provided for in this chapter, and the manner of holding meetings of the board or trustees, and of the election of successors to trustees who shall resign, die or otherwise be incapable of acting the filling of vacancies on the board.
(B) The bylaws may also may provide for the removal of trustees from office and for the election of their successors as follows:
(1) (a) A temporary suspension of a trustee for cause may occur upon the affirmative vote of at least two-thirds of the members of the board until the next annual or special meeting. At that meeting the membership may remove the suspended trustee for cause from the board by an affirmative vote of a majority of the members present and voting. In the event the membership refuses to vote to remove the trustee, he must be reinstated immediately with all the powers of his office and continue to serve for the remainder of his elected term.
(b) 'Cause' for removal of a trustee under this section means fraudulent or dishonest acts, or gross abuse of authority in the discharge of duties to the cooperative, and must be established after written notice of specific charges and opportunity to meet and refute charges.
(2) A successor may be elected as provided by the bylaws of the cooperative.
This subsection does not apply to a cooperative when a majority of its members are other cooperatives. cooperatives which are excluded from the removal provisions of this subsection may provide any terms and conditions for removal of trustees as may be authorized in their bylaws.
(C) If a husband and wife hold a joint membership in a cooperative, either one, but not both, may be elected a trustee.
(D) The board of trustees may exercise all of the powers of a cooperative except such as are those powers conferred upon the members by this chapter or, its articles of incorporation, or bylaws."
SECTION _____. Section 33-49-1030 of the 1976 Code is amended to read:
"Section 33-49-1030. The majority of the members of the board of trustees shall first recommend first that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall must be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall must set forth such the proposition. At the meeting The the proposed voluntary dissolution shall be deemed to be is approved upon the affirmative vote of not less than two-thirds a majority of those the members of the cooperative voting thereon at such meeting.
Notwithstanding any other provision in this chapter, a member whose principal residence is outside a county in which the cooperative does business may vote by mail on the proposal for voluntary dissolution."/
Renumber sections to conform.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The SPEAKER granted Rep. J. ROGERS a leave of absence for the remainder of the day.
Rep. T.M. BURRISS: "I raise the Point of Order that the amendment is out of order as Senate 1519 relates primarily and specifically to South Carolina Business Corporations, not to rural electric cooperatives. The Bill and the amendment relate to different sections of the Code, and the only section of the amendment which is vaguely similar to the Bill deals with the voluntary dissolution and not administrative dissolution for failure to file tax returns. I would urge you to rule this amendment out of order as not germane to Senate 1519, and is violative of House Rule 9.3 as well as Article III, Section 17-18 of the South Carolina Constitution."
Speaker SHEHEEN: "Mr. Burriss, let me explain to you, under the Constitution, I think that is, as I have ruled on one or two occasions before, unless it's a procedural requirement which binds us and keeps us from doing something as a matter of substance, the provision in the Constitution which requires each bill to relate but to one subject and that subject to be reflected in the title, is not something which is enforceable by the Chair, in striking an amendment which comes before the body, because I am certain the amendment itself says at the end to amend title to conform. So that, if it deals with two or three aspects of one subject matter and the title is amended by the amendment, the House is free to adopt it as far as the Constitution goes. So, I overrule your Point of Order in reference to Article III of the Constitution. I am troubled, however, by 9.3, which requires that any motion or proposition or amendment which is offered, be of the same subject matter and relate to the intent of the motion or the proposition under discussion."
Rep. L. MARTIN: "Yes, Mr. Speaker, I'd be very brief in just saying that obviously the amendment does deal with dissolution, corporate dissolution, the Bill deals with the overall corporate code, as regards dissolution, and obviously, a few other things about propositions and removal of trustees in the amendment, but, be that as it is, the amendment does deal with the thrust of what is in the body and the essence of the Bill."
Speaker SHEHEEN: "I don't want you to think that I'm looking at this first blush. I've had several conferences with each of the proponents of each side since last Wednesday. I've tried to let everybody have open access, sort of open season on the Speaker at this point. I am troubled by the fact that The Business Corporations Act, of course, really doesn't govern cooperatives. The Business Corporations Act, really, electric cooperatives are covered by a separate chapter and title in the Code, and the Business Corporations Act does not affect them. It is true, however, so that the normal rules would govern business corporations do not govern electric cooperatives. It is true, they are treated the same under some of the taxing statutes, but that is the only place I find them treated the same. I went back and looked at the Business Corporations Act which we passed this year, it has not been printed yet, it's been passed and it's been ratified, the only references which you find in the Business Corporations Act to electric cooperatives are the exemptions from the Business Corporations Act for electric cooperatives. Mr. Lewis, you want to speak to that Point?"
Rep. LEWIS: "Yes, sir. In Section 33-21-03 of the Business Corporations Act, this language appears, 'The application of this act to non-profit corporations. This act applies to every domestic non-profit corporation and to every foreign non-profit corporation which is authorized or transacts business in this State, except as otherwise provided in this act, or by the law regulating the organization, qualification or governance of the corporation'."
Speaker SHEHEEN: "Wait a minute. Is that section, say I concede to you that that section affects electric cooperatives, is that section amended in S.1519?"
Rep. LEWIS: "No, sir, but S.1519 amends that Bill and provides for the administrative dissolution for cooperatives."
Speaker SHEHEEN: "Well, I understand, but if accept your premise that anything that's contained in that which is R.382 or R.418, whatever it is, if accept that anything contained in there is subject to amendment in S.1519, it seems to me that I have then opened the door for amendments to this entire 953 pages, and I don't think the rules allow us to do that."
Rep. LEWIS: "I think there's no question that that is a corporate business corporation act, it applies to all corporations in South Carolina, and this amendment that is proposed by the Senate and the amendment that we have proposed certainly is germane to that Bill."
Speaker SHEHEEN: "If this Bill were up for consideration, anything in S.1519 could amend this Bill. But, if S.1519 only amends five sections of this Bill, I don't think thereby that any amendment to S.1519 is allowed for all 125 sections of this Bill, it would have to be germane to those five."
Rep. LEWIS: "I understand the point, and that's not necessary to make this proposed amendment germane to S.1519. S.1519 specifically authorizes the administrative dissolution of cooperatives."
Speaker SHEHEEN: "What section?"
Rep. LEWIS: "Section 9 provides that the Secretary of State shall administratively dissolve a corporation if the corporation fails to comply with provisions of Article VII and XIX, and XIX deals specifically with cooperatives, which would permit then the Secretary of State to dissolve a corporation if it did not file the return required under Article XIX. If the Speaker would refer to the new Bill amended by the Senate, I think it's the one you have there, if you would look at Section 19..."
Speaker SHEHEEN: "Why then does the same rule not apply, if you agree with me that S.1519 only amends five sections of this, and in addition to that, the Senate has added an amendment which deals with a sixth section of Title 12, so that if an amendment offered here today affects either the five sections of this Bill, or the section in Title 12, then it would be germane, but you're taking me one step further, that it is derivatively germane because the sixth section might also refer to another whole chapter of the Code, and you're saying that anything which is germane to that chapter of the Code is germane to the Bill."
Rep. LEWIS: "I don't think just simply because the title is the same necessarily makes it germane, but I think we're dealing with dissolution in both cases, and we're dealing with cooperatives in both cases."
Rep. FELDER: "Mr. Speaker, I reference you to a Point of Order that was done in 1983, the presiding officer then was Mr. Anderson, and he ruled that an amendment was germane, because of the fact, even though this was dealing with income tax and the Bill dealt with taxes, and the amendment encompassed income tax as the other taxes were in the Bill. Representative Toal argued the point, along with Representative McLellan, that it dealt generally with the topic of taxation, and that it did not have to deal specifically with designated code sections in view of the fact that the amendment contained the clause, amend title to conform. Speaker Anderson then said that it was proper for this to be germane since the intent of the Bill dealt with creation of revenue through taxation, all of which comply with the intent, even though it didn't deal with the specifics. So I raise that Point of Order, that there is ample precedent for this amendment to be germane."
Speaker SHEHEEN: "But, the problem that you've got, that I still see, is that the amendment deals with several different sections, one of them deals with proxy voting, one of them deals with board of trustees and the removal of trustees and the cause and the successor, and one deals with dissolution. The amendment itself is not designed to speak solely to the question of dissolution. If I let you take the amendment and tie it to a section on voluntary dissolution as being derivatively charged to involuntary dissolution in the reference to Chapter 19, then I've let you piggyback these other things onto the dissolution, and the substantial effect is to allow something that it doesn't seem to me is germane to the Bill to come into discussion today."
Rep. FELDER: "Mr. Speaker, I hate to even refer to Speaker Pro Tempore Anderson's rulings, but his ruling says that very thing, the Bill dealt with other kinds of taxes, but other things in the amendment were different, but he allowed it germaneness because you could amend the title to conform. I understand, if this were a fresh thing, I could understand that, I don't like to stand on that particular ruling, but still, it is a precedent of the House, and as weak as it is, it is there."
Rep. LEWIS: "This Bill amends a number of different sections of the Code under Title 33. All of these provisions deal with corporate items under Title 33. They are different sections that are involved in it, much of it deals with Chapter 21, which is the dissolution provision of business corporations."
Speaker SHEHEEN: "You aren't saved by the reference to Title 33, Mr. Bradley and I have had that continuing argument."
Rep. L. MARTIN: "One last thing, Mr. Speaker, obviously proxy is a big part of this Bill, one of the big disputes when we debated the original time."
Speaker SHEHEEN: "No, it's a big part of the amendment, but it's not a big part of this Bill."
Rep. L. MARTIN: "But, obviously, that is inherent in the dissolution effort. Also, the matter of the trustees, the majority of the trustees have to recommend that dissolution occur, and obviously, if you've got a trustee that is subject to some question, that needs to be dealt with as regards to dissolution. So I think the two subjects are tied to dissolution."
Speaker SHEHEEN: "You then went to the next level of discussion I need to have with somebody. Do you have the amendment right there? Let's look at the first section. If you offered that section as an amendment to this bill, do you think it would be germane?"
Rep. L. MARTIN: "No, sir. I don't think it would stand on its own."
Speaker SHEHEEN: "Let's then look at Section 33-49-610, which deals with trustees and their powers, nothing about dissolution, but calls for the removal of trustees. Do you think that section would stand on its own?"
Rep. L. MARTIN: "No, sir."
Speaker SHEHEEN: "Then we get to Section 33-49-1030, which deals with voluntary dissolution. Do you think that section would stand on its own?"
Rep. L. MARTIN: "Yes, I do."
Speaker SHEHEEN: "And, because that section might stand on its own, the whole amendment is germane, even though it addresses two non-germane subjects."
Rep. L. MARTIN: "I think they are very much tied to the dissolution, the last part of the amendment."
Rep. LEWIS: "Mr. Speaker, I would submit that Mr. Martin and my position are not mutually exclusive. The point that I am making is that we are dealing with corporations that this act which is being amended clearly states it covers non-profit and for profit corporations. I don't know how you can be any broader than that and that's the nexus and these amendments all relate to those corporations. Now, I understand the chair's concern and I would hope that the chair would turn your looking glass around and look at this from the other end, because I believe the perspective which the chair is using is too narrow. That if, the chair would use the precedent as proposed here by Speaker Pro Tempore Anderson, I believe the chair would rule that this matter dealing with corporations, the make-up, the organization and the operation of corporations, would be binding."
Speaker SHEHEEN: "Well, Mr. Lewis, the thing that bothers me about that is what this ruling will mean next year and the following year, and what we'll do in abiding by that ruling in opening the door for many amendments later on. That is a real problem for us."
Rep. LIMEHOUSE moved that the House do now adjourn.
Rep. HUFF raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. BEASLEY demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Arthur Bailey, K. Bennett Bradley, J. Burriss, M.D. Burriss, T.M. Carnell Corning Dangerfield Gilbert Haskins Hearn Klapman Limehouse Mappus Martin, D. McAbee McBride McCain McElveen Pettigrew Sheheen Shelton Stoddard Sturkie Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Baker Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, H. Brown, J. Burch Chamblee Clyborne Cole Cooper Cork Davenport Derrick Edwards Elliott Faber Fair Felder Ferguson Foster Gregory Harris, J. Harvin Hayes Helmly Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Jones Kay Keyserling Kirsh Koon Lanford Lewis Lockemy Martin, L. Mattos McEachin McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Short Simpson Snow Thrailkill Waldrop Wells Whipper White
So, the House refused to adjourn.
Rep. McTEER: "I was a little surprised by your questioning of Mr. Martin, we have never required that every little piece of an amendment be germane, it's just a matter that something in the amendment you can draw germaneness to. Any amendment you can strip out a sentence or two and show that it, standing alone, would not be germane, but that's too strict of a test, and one we've never required."
Speaker SHEHEEN: "I didn't suggest that that was the litmus test in this case, I only wanted to find out where we agreed and where we disagreed. He and I agreed that if this amendment is germane, it's got to be in Section 3."
Rep. LEWIS: "One further point, that under rule 9.3, that in determining whether or not an amendment is germane the Speaker shall be guided by precedents of the House to the extent available. This is the only precedent that I have on the subject and it may be the Speaker has others."
Speaker SHEHEEN: "You understand that a ruling by Speaker Anderson in 1983, that taxing statutes are germane if the amendments are germane if they relate to taxes, doesn't have anything to do with the corporate code."
Speaker SHEHEEN: "I sustain the Point of Order. The amendment is not germane."
Rep. HASKINS moved that the House recede until 8:30 P.M., which was rejected.
Reps. LEWIS, HUFF, L. MARTIN, LOCKEMY and FELDER proposed the following Amendment No. 3 (Doc. No. 4467J), which was ruled out of order.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION _____. The 1976 Code is amended by adding:
"Section 33-21-240. Each member of an electric cooperative is entitled to one vote on each matter submitted to a vote at a meeting. Voting must be in person but, if the bylaws so provide, also may be by proxy. If the bylaws provide for voting by proxy they also must prescribe the conditions under which proxy voting may be exercised. No person may vote as proxy for more than three members at a meeting of the members."
SECTION _____. The 1976 Code is amended by adding:
"Section 33-21-250. (A) The business and affairs of an electric cooperative must be managed by a board of not less than five trustees, each of whom must be a member of the cooperative or of another cooperative which is a member of the cooperative. The bylaws must prescribe the number of trustees, their qualifications, other than those provided for in this chapter, the manner of holding meetings of the board, and the filling of vacancies on the board.
(B) The bylaws also may provide for the removal of trustees from office and for the election of their successors as follows:
(1) (a) A temporary suspension of a trustee for cause may occur upon the affirmative vote of at least two-thirds of the members of the board until the next annual or special meeting. At that meeting the membership may remove the suspended trustee for cause from the board by an affirmative vote of a majority of the members present and voting. In the event the membership refuses to vote to remove the trustee, he must be reinstated immediately with all the powers of his office and continue to serve for the remainder of his elected term.
(b) 'Cause' for removal of a trustee under this section means fraudulent or dishonest acts, or gross abuse of authority in the discharge of duties to the cooperative, and must be established after written notice of specific charges and opportunity to meet and refute charges.
(2) A successor may be elected as provided by the bylaws of the cooperative.
This subsection does not apply to a cooperative when a majority of its members are other cooperatives. Cooperatives which are excluded from the removal provisions of this subsection may provide any terms and conditions for removal of trustees as may be authorized in their bylaws.
(C) If a husband and wife hold a joint membership in a cooperative, one, but not both, may be elected a trustee.
(D) The board of trustees may exercise all of the powers of a cooperative except those powers conferred upon the members by this chapter, its articles of incorporation, or bylaws."
SECTION _____. Section 33-49-1030 of the 1976 Code is amended to read:
"Section 33-49-1030. The majority of the members of the board of trustees shall first recommend first that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall must be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall must set forth such the proposition. At the meeting The the proposed voluntary dissolution shall be deemed to be is approved upon the affirmative vote of not less than two-thirds a majority of those the members of the cooperative voting thereon at such meeting.
Notwithstanding any other provision in this chapter, a member whose principal residence is outside a county in which the cooperative does business may vote by mail on the proposal for voluntary dissolution."/
Amend further by striking Section 10 and inserting:
/SECTION 10. Chapter 29 of Title 33 and Sections 33-49-440 and 33-49-610 of the 1976 Code are repealed./
Renumber sections to conform.
Amend title to conform.
Rep. LEWIS explained the amendment.
Rep HEARN raised the Point of Order that Amendment No. 3 was out of order as it was not germane to the Bill.
Rep. J. BRADLEY argued contra the Point.
The SPEAKER sustained the Point of Order and ruled the amendment out of order.
The question then recurred to the passage of the Bill on second reading, which was agreed to.
Rep. WILKINS asked unanimous consent that S. 1519 be read a third time tomorrow.
Rep. KLAPMAN objected.
The motion of Rep. SHEHEEN to reconsider the vote whereby the House non-concurred in the Senate Amendments to the following Joint Resolution was taken up and agreed to:
H. 3882 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1987-88.
Rep. CORNING moved to reconsider the vote whereby the following Bill was given a second reading.
S. 1519 -- Judiciary Committee: A BILL TO AMEND SECTIONS 33-14-200, 33-14-210, 33-14-220, AND 33-14-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE DISSOLUTION OF CORPORATIONS UNDER THE SOUTH CAROLINA BUSINESS CORPORATION ACT OF 1988, SO AS TO FURTHER PROVIDE FOR THIS ADMINISTRATIVE DISSOLUTION; TO AMEND SECTIONS 33-15-300, 33-15-310, AND 33-15-320, RELATING TO REVOCATION OF A FOREIGN CORPORATION'S CERTIFICATE OF AUTHORITY TO TRANSACT BUSINESS, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION; TO AMEND SECTION 33-1-280, RELATING TO THE SECRETARY OF STATE FURNISHING CERTIFICATES OF EXISTENCE FOR CORPORATIONS, SO AS TO REVISE THE CONTENTS OF THE CERTIFICATE OF EXISTENCE AS IT RELATES TO A CORPORATION'S DISSOLUTION OR REVOCATION OF AUTHORITY TO DO BUSINESS; TO AMEND SECTION 12-7-1675, RELATING TO ADMINISTRATIVE DISSOLUTION OF A DOMESTIC CORPORATION OR REVOCATION OF THE CERTIFICATE OF AUTHORITY OF A FOREIGN CORPORATION TO TRANSACT BUSINESS FOR FAILURE TO FILE CERTAIN TAX RETURNS, SO AS TO FURTHER PROVIDE FOR THIS DISSOLUTION OR REVOCATION; AND TO REPEAL CHAPTER 29 OF TITLE 33, RELATING TO FEES AND TAXES PAYABLE BY CORPORATIONS.
Rep. BEASLEY moved to adjourn debate upon the motion to reconsider.
Rep. T.M. BURRISS moved to table the motion to adjourn debate.
Rep. LEWIS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, M.D. Burriss, T.M. Corning Dangerfield Faber Hearn McCain Taylor
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Arthur Bailey, G. Bailey, K. Baker Barfield Baxley Beasley Bennett Blackwell Boan Bradley, J. Brown, G. Brown, H. Burch Carnell Chamblee Clyborne Cole Cooper Cork Davenport Derrick Edwards Elliott Fair Felder Ferguson Foster Gilbert Gregory Harris, J. Harvin Haskins Hayes Helmly Hodges Huff Humphries Johnson, J.C. Johnson, J.W. Kay Keyserling Kirsh Klapman Koon Lanford Lewis Limehouse Lockemy Mappus Martin, D. Martin, L. Mattos McAbee McEachin McElveen McGinnis McKay McLellan McLeod, J.W. McTeer Moss Neilson Nesbitt Nettles Pearce Pettigrew Petty Phillips, O. Rhoad Rice Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Stoddard Sturkie Townsend Waldrop Washington Whipper White Wilkins Winstead
So, the House refused to table the motion.
The question then recurred to the motion to adjourn debate on the motion to reconsider, which was agreed to.
Rep. KLAPMAN moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4266 -- Rep. Tucker: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO INVESTIGATE THE SAFETY OF THE ROAD LOCATED ON U.S. HIGHWAY 76 BETWEEN INTERSTATE 85 AND S.C. HIGHWAY 78 IN ANDERSON COUNTY.
H. 4326 -- Rep. Taylor: A CONCURRENT RESOLUTION RECOGNIZING, PROMOTING, AND SUPPORTING "PROFESSIONAL GROWTH AND DEVELOPMENT WEEK FOR BLACK WOMEN", JUNE 12-18, 1988.
H. 4330 -- Rep. Edwards: A CONCURRENT RESOLUTION COMMENDING BISHOP ROY C. CLARK OF THE UNITED METHODIST CHURCH FOR HIS OUTSTANDING MINISTRY AND DEDICATION AND WISHING HIM HAPPINESS IN HIS RETIREMENT.
H. 4333 -- Charleston Delegation: A CONCURRENT RESOLUTION RECOGNIZING, COMMENDING, AND THANKING MR. ROBERT ROSEN OF CHARLESTON COUNTY FOR HIS DEDICATED SERVICE AS CHAIRMAN OF THE CHARLESTON COMMISSION ON THE BICENTENNIAL OF THE UNITED STATES CONSTITUTION.
H. 4334 -- Rep. J. Bradley: A CONCURRENT RESOLUTION COMMENDING MRS. JUDY HUGHES OF CHARLESTON COUNTY FOR HER OUTSTANDING SERVICE AS A KINDERGARTEN AND SPECIAL EDUCATION TEACHER AT CHARLESTON'S FIRST BAPTIST CHURCH SCHOOL FOR NINETEEN YEARS AND WISHING HER SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
H. 4335 -- Reps. Sheheen, J. Rogers, Carnell, Dangerfield, Foster, P. Harris, Huff, McLellan, Pearce, L. Phillips, Washington, White, M.O. Alexander, T.C. Alexander, Altman, Arthur, Aydlette, G. Bailey, K. Bailey, Baker, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, J. Bradley, P. Bradley, G. Brown, H. Brown, J. Brown, R. Brown, Burch, J.H. Burriss, M.D. Burriss, T.M. Burriss, Chamblee, Clyborne, Cole, Cooper, Cork, Corning, Davenport, Day, Derrick, Edwards, Elliott, Faber, Fair, Felder, Ferguson, Foxworth, Gentry, Gilbert, Gordon, Gregory, J. Harris, Harvin, Haskins, Hayes, Hearn, Helmly, Hendricks, Hodges, Holt, Humphries, J.C. Johnson, J.W. Johnson, Jones, Kay, Keyserling, Kirsh, Klapman, Kohn, Koon, Lanford, Lewis, Limehouse, Lockemy, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, E.B. McLeod, J.W. McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Pettigrew, Petty, O. Phillips, Rhoad, Rice, T. Rogers, Rudnick, Sharpe, Shelton, Short, Simpson, Snow, Stoddard, Sturkie, Taylor, Thrailkill, Townsend, Tucker, Waldrop, Wells, Whipper, Wilder, Wilkins, Williams and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE APPRECIATION OF THE GENERAL ASSEMBLY TO J. MAC HOLLADAY, WHO RECENTLY RESIGNED AS DIRECTOR OF THE STATE DEVELOPMENT BOARD, FOR HIS SUPERB ACCOMPLISHMENTS ON BEHALF OF SOUTH CAROLINA IN ECONOMIC DEVELOPMENT AND TO WISH HIM CONTINUED EXCEPTIONAL SUCCESS IN HIS FUTURE ENDEAVORS.
At 6:30 P.M. the House in accordance with the motion of Rep. KLAPMAN adjourned to meet at 10:00 A.M. tomorrow.
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