Indicates Matter Stricken
Indicates New Matter
The House assembled at 12:00 Noon.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark follows:
Our Father God, we come into Your presence sharing the sadness of Representative Jarvis R. Klapman in the death of his beloved wife. Our sympathy, deep and tender, goes out to him as we join our prayers that the everlasting arms may be felt and that God's sustaining strength may be present.
We give thanks for our colleague's faithfulness to duty here, so convincingly shown during these past weeks when he was walking the hard road. We are grateful for the beauty and inspiration that his helpmate provided in the difficult experiences they shared together.
So may Your sustaining love and compassion undergird our brother and all who are with him in the fraternity of sorrow, that their faith may be strengthened and their hope made bright and triumphant.
We pray to our God Who is the Source of pure love and compassion. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of Friday, the SPEAKER ordered it confirmed.
The following was received and referred to the Committee on Invitations and Memorial Resolutions.
February 13, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
This letter is to confirm our telephone conversation verifying that we are inviting the members of the House of Representatives to a Drop-In to be held March 28, 1989. The Drop-In will be held at the Radisson Hotel from 6:30 to 8:30 P.M.
We appreciate you scheduling this event and look forward to meeting with you then.
Sincerely,
David R. Jameson
Executive Director
The following were received.
February 15, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 988)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on February 15, 1989 regulations concerning Species and Sub-species of Non-Game Wildlife from the South Carolina Wildlife & Marine Resources Department.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
February 16, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1080)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on February 16, 1989 regulations concerning Revisions to Complete Chapter 101 from the South Carolina State Board of Physical Therapy Examiners.
They are hereby referred to the Committee on Medical, Military, Public and Municipal Affairs for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
Rep. WRIGHT moved that when the House adjourns it adjourn in memory of Miss Jean Taylor McCrea of Irmo, which was agreed to.
The following was received.
Columbia, S.C., February 16, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of S. 271:
S. 271 -- Senator Holland: A BILL TO DIRECT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO CLOSE AND REMOVE FROM THE STATE HIGHWAY SYSTEM PORTIONS OF ROADS S 28-52 FROM S 28-185 AND ALL OF ROAD S 28-731 IN KERSHAW COUNTY.
Very respectfully,
President
No. 007
On motion of Rep. BAXLEY, the Bill was ordered returned to the Senate.
The following was received.
Columbia, S.C., February 16, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R-18, H. 3152 by a vote of: ayes 46 and nays 0:
(R18) H. 3152 -- Rep. Elliott: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-915 SO AS TO CREATE THE PLAYCARD ENVIRONMENTAL EDUCATION CENTER WILDLIFE SANCTUARY IN HORRY COUNTY AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Very respectfully,
President
Received as information.
No. 014
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of CASE (Citizens Asking for a Safe Environment) for Mid-Morning Coffee Break, March 1, 1989, 9:00 A.M.-11:00 A.M. on the First Floor Lobby, State House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of Realtors for Mid-Day Reception, March 1, 1989 upon recess, at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Association of School Administrators for a reception, March 1, 1989, 6:00 P.M. - 8:00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Chapter of the National Association of Social Workers for a reception March 1, 1989, 8:00 P.M. - 10:00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Electric Cooperatives of South Carolina for dinner, March 7, 1989, 6:00 P.M. - 7 00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Department of Health and Environmental Control for a Cardiovascular Health Check, March 8, 1989, 9:00 A.M. - 4:00 P.M. in the Main lobby of the State House.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Petroleum Marketers Association for a reception, March 8, 1989, 6:00 P.M. - 8:00 P.M., at the Marriott.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Society of Professional Engineers for a reception, March 8, 1989, 8:00 P.M. - until, at the Marriott.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of County Directors & Supervisors Association of the S.C. Department of Social Services for a reception, March 14, 1989, 6:00 P.M. - 8:00 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitations of Association of Public Library Administrators of S.C. for a wine reception, 12:00 Noon - 12:30 P.M. and a luncheon, 12:30 P.M. - 2:00 P.M., March 15, 1989, at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Alzheimer's Disease Association (Columbia Chapter) for dinner, March 15, 1989, 6:00 P.M. - 8:00 P.M. at the William S. Hall Psychiatric Institute.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Women Involved in Farm Economics for breakfast, March 16, 1989, 8:00 A.M. - 10:00 A.M. at Beau's.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of the Municipal Association of S.C. for a reception, March 22, 1989, 6:30 P.M. - 8:00 P.M. at the State Museum.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Medical Association for a reception, March 22, 1989, 8:00 P.M. - 10:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Winthrop College for a reception, March 28, 1989, 8:00 P.M. - 9:30 P.M. at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Petroleum Council for a reception, March 29, 1989, 6:00 P.M. - 8:00 P.M. at the Capital City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Textile Manufacturers Association for the Annual Meeting, March 30 - April 1, 1989, at the Radisson Hotel in Myrtle Beach.
The invitation was accepted.
On motion of Rep. WILKINS, with unanimous consent, the following was taken up for immediate consideration:
H. 3526 -- Reps. Sheheen and Wilkins: A CONCURRENT RESOLUTION TO INVITE THE CHIEF JUSTICE OF THE SOUTH CAROLINA SUPREME COURT, THE HONORABLE GEORGE T. GREGORY, JR., TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION ON THE STATE OF THE JUDICIARY AT 12:00 O'CLOCK NOON ON WEDNESDAY, MARCH 8, 1989.
Be it resolved by the House of Representatives, the Senate concurring:
That the Chief Justice of the South Carolina Supreme Court, the Honorable George T. Gregory, Jr., is invited to address the General Assembly in Joint Session on the State of the Judiciary in the Hall of the House of Representatives at 12:00 o'clock noon on Wednesday, March 8, 1989.
Be it further resolved that a copy of this resolution be delivered to Chief Justice Gregory.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 389 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE LUCAS STUBBS PASCULLIS POWELL & PENNEY, LTD., OF CHARLESTON, AND NEAL, PRINCE & PARTNERS ARCHITECTS, INC., OF GREENVILLE FOR WINNING THE 1989 SOUTH CAROLINA ENERGY/DESIGN AWARD COMPETITION AND TO RECOGNIZE THE SOUTH CAROLINA CHAPTER OF THE AMERICAN INSTITUTE OF ARCHITECTS, THE SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, AND THE SOUTH CAROLINA ELECTRIC AND GAS COMPANY FOR ESTABLISHING THIS AWARDS PROGRAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 402 -- Senators Drummond, Fielding, Patterson, Courson, Giese and Matthews: A CONCURRENT RESOLUTION RECOGNIZING AND SALUTING MS. VALERIE T. MORSE, NATIVE OF GREENWOOD COUNTY, FOR HER OUTSTANDING PROFESSIONAL ACCOMPLISHMENTS, AND WISHING HER HAPPINESS AND SUCCESS IN ALL OF HER ENDEAVORS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3527 -- Rep. Lockemy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-31-60 AND 6-1-60 SO AS TO PROHIBIT AN ENTITY SUPPLYING WATER TO SUBSCRIBERS FROM BILLING THE OWNER OF THE PROPERTY FOR WATER SUPPLIED TO LESSEES OF THE PROPERTY WHO HAVE SUBSCRIBED FOR WATER AND WHO HAVE NOT PAID FOR THE WATER SUPPLIED.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3528 -- Reps. Sharpe, Hallman, Corbett, G. Brown, Koon, Rhoad, Sturkie, Bennett, Manly, Littlejohn, M.O. Alexander, K. Bailey, Waites, Snow, Bruce and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-65, SO AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO STEAL FISH IN WHICH ANY OTHER PERSON HAS PROPERTY RIGHTS AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
H. 3529 -- Reps. Kirsh, Nesbitt and Foster: A JOINT RESOLUTION TO AUTHORIZE A COUNTY TO EXHAUST ITS SUPPLY OF REASSESSMENT FORMS BEFORE USING THE FORMS REQUIRED UNDER THE PROVISIONS OF SECTION 12-43-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, WITH AN EXCEPTION THAT WOULD PROHIBIT THE COUNTY FROM USING THESE FORMS WHICH DO NOT COMPLY WITH THE PROVISIONS OF THAT CODE SECTION AFTER DECEMBER 31, 1990.
Referred to Committee on Ways and Means.
H. 3530 -- Reps. Kirsh and Nesbitt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-4105 SO AS TO REQUIRE A PERSON TRANSPORTING LIVE FOWL ON THE PUBLIC HIGHWAYS OF THIS STATE TO INSURE THAT FEATHERS FROM THESE FOWL DO NOT DROP OR ESCAPE FROM THE CONTAINERS IN WHICH THE FOWL ARE TRANSPORTED AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Referred to Committee on Agriculture and Natural Resources.
H. 3531 -- Reps. McAbee and McLellan: A BILL TO AMEND SECTION 11-15-460, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTEREST RATE ON REFUNDING BONDS, SO AS TO DELETE THE PROVISION WHICH REQUIRES THE REFUNDING BONDS TO BEAR RATES OF INTEREST LOWER THAN THOSE BORNE BY THE REFUNDED BONDS AND REQUIRE THAT PRIOR TO THE ISSUANCE OF ANY REFUNDING BONDS, THE GOVERNING BODY SHALL DETERMINE THAT A SAVINGS CAN BE EFFECTED THROUGH THE ISSUANCE OF THESE BONDS.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 6 -- Senators Land, Lourie, Moore, Fielding, Stilwell, Waddell, Helmly, Passailaigue, Patterson, McGill, Mullinax, Leatherman, O'Dell, Hayes, Matthews, Long, Hinds, Mitchell and Nell W. Smith: A BILL TO AMEND CHAPTER 5, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TRAFFIC REGULATIONS, BY ADDING ARTICLE 48 SO AS TO REQUIRE OCCUPANTS OF MOTOR VEHICLES TO WEAR A PROPERLY FASTENED SAFETY BELT, TO PROVIDE EXCEPTIONS, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO REQUIRE THE CHIEF INSURANCE COMMISSIONER TO ORDER A RATE REDUCTION BY EACH AUTOMOBILE INSURER OF NOT LESS THAN FIVE PERCENT UPON IMPLEMENTATION OF THIS ACT.
Referred to Committee on Education and Public Works.
S. 285 -- Senator Hinds: A BILL TO REPEAL ACT 110 OF 1967 AND ACT 416 OF 1971, RELATING TO THE GEORGETOWN COUNTY COMMISSION FOR HIGHER EDUCATION.
On motion of Rep. ALTMAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corbett Cork Corning Davenport Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Snow Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on February 21, 1989.
Paul Derrick James C. Johnson Joseph McElveen Robert Kohn Larry Gentry Durham Cole Larry Koon C. Lenoir Sturkie Gene Stoddard
LEAVE OF ABSENCE
The SPEAKER granted Rep. KLAPMAN a leave of absence for the day.
Announcement was made that Dr. Stan Baker of Greenwood is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 286 -- Senators Rose and Matthews: A BILL TO AMEND ACT 535 OF 1982, AS AMENDED, RELATING TO THE REQUIREMENT THAT MEMBERS OF THE BOARD OF TRUSTEES OF SUMMERVILLE SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY MUST BE ELECTED RATHER THAN APPOINTED AND TO PROVIDE THE MANNER IN WHICH THESE TRUSTEES MUST BE ELECTED, SO AS TO DELETE THE LIMITATION ON ANY TRUSTEE SERVING MORE THAN TWO SUCCESSIVE FOUR-YEAR TERMS.
Reps. G. BAILEY, LIMEHOUSE and WOFFORD proposed the following Amendment No. 1 (Doc. No. 1919U), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 2(b) of Act 535 of 1982, as last amended by Act 536 of 1986, is further amended to read:
"(b) Beginning January 1, 1983, the board of trustees of Summerville School District No. 2 shall consist of seven members who must be residents of the district they represent and who must be elected at large by the qualified electors of that district. Members of the board must be elected in a nonpartisan election conducted by the county election commission at the time of the 1982 general election. The seven candidates receiving the highest number of votes are elected. The four elected members of the board receiving the highest vote shall serve terms of four years and the three elected members receiving the next highest vote shall serve initial terms of two years each. Thereafter, their successors must be elected in nonpartisan elections held at the time of the general election every two years, as terms expire, for terms of four years but in no case may any trustee serve more than two successive four-year terms. All members of the board shall serve until their successors are elected and qualify. Vacancies on the board must be filled by appointment of the county legislative delegation until the next general election at which time a successor must be elected in the same manner provided herein in this act for the unexpired term or for a full term as the case may be. Any person who wishes to become a candidate for election to the board shall file written notice of candidacy a petition containing the signatures of at least two hundred fifty qualified electors residing in the district with the Dorchester County Election Commission at least sixty days before the date set for the election but not earlier than ninety days prior to the election. Except for the number of signatures required, the petition must meet the requirements of Article 1, Chapter 11, Title 7. This notice of candidacy must be sworn statement and must include the candidate's name, age, voting precinct, period of residence in the district, and other information the commission may require. When validated certified, the commission shall place the name of the candidate on the ballot without regard to party affiliation.
A separate, nonpartisan ballot must be used for the election of the board. It shall comply substantially with the provisions of Article 3 of Chapter 13 of Title 7 Article 3, Chapter 13, Title 7 of the 1976 Code, mutatis mutandi. The expenses of the election must be borne by the districts."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3040 -- Reps. Wilkins, Huff and Nettles: A BILL TO AMEND SECTIONS 17-24-10 AND 17-24-30, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFENSE OF INSANITY, SO AS TO PROVIDE THAT IT IS AN AFFIRMATIVE DEFENSE WHICH THE DEFENDANT HAS THE BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE; AND TO AMEND SECTION 17-24-20, AS AMENDED, RELATING TO A VERDICT OF GUILTY BUT MENTALLY ILL, SO AS TO FURTHER PROVIDE FOR THE BURDEN OF PROOF IN THESE CASES.
H. 3306 -- Rep. Mappus: A BILL TO AMEND SECTIONS 7-15-320 AND 7-15-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS WHO WILL BE SERVING AS JURORS IN A STATE OR FEDERAL COURT ON ELECTION DAY.
H. 3508 -- Rep. Felder: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CALVARY COMMUNITY ELEEMOSYNARY CORPORATION, LEXINGTON COUNTY.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. NEILSON having the floor.
H. 3265 -- Rep. Boan: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.
Rep. NEILSON continued speaking.
The Bill was read the second time and ordered to third reading.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, February 28, which was adopted.
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
The following Bill was taken up.
H. 3138 -- Rep. Limehouse: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-6-155 SO AS TO REQUIRE EACH LICENSED AUCTIONEER TO ESTABLISH A PERSONAL PROPERTY TRUST FUND IN WHICH ALL MONIES BELONGING TO ANOTHER WHICH COME INTO HIS POSSESSION THROUGH AN AUCTION SALE MUST BE DEPOSITED.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6690k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-6-155. Each licensed auctioneer shall establish a personal property trust fund account in which all monies belonging to another which come into his possession through an auction sale must be deposited. No restriction may be imposed on the amount of money which must be maintained in the accounts."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform
Rep. CORK explained the amendment.
The amendment was then adopted.
The Bill as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 3189 -- Reps. Kirsh, Foster, Hayes, Nesbitt and Klapman: A BILL TO AMEND SECTION 40-79-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSING OF BURGLAR ALARM SYSTEM BUSINESSES OF A NONRESIDENT WHO HOLDS A VALID LICENSE OF THE SAME TYPE FROM ANOTHER STATE, SO AS TO PROHIBIT THE ISSUANCE OF A LICENSE TO A NONRESIDENT UNLESS HIS STATE OF PRINCIPAL RESIDENCE ALSO PERMITS SIMILAR LICENSING OF RESIDENTS OF THIS STATE.
Rep. KIRSH explained the Bill.
H. 3264 -- Reps. McLellan and Kirsh: A BILL TO AMEND ACT 1377 OF 1968, RELATING TO STATE CAPITAL IMPROVEMENT BONDS, SECTION 57-11-350 OF THE 1976 CODE, RELATING TO STATE HIGHWAY BONDS, SECTION 59-71-500, RELATING TO STATE SCHOOL BONDS, AND SECTION 59-107-130, RELATING TO STATE INSTITUTIONAL BONDS, SO AS TO PROVIDE THAT THE STATE TREASURER AS WELL AS THE GOVERNOR MAY SIGN THESE OBLIGATIONS BY A FACSIMILE OF HIS SIGNATURE.
H. 3493 -- Rep. Limehouse: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BROOKFIELD SQUARE TOWNHOMES ASSOCIATED INC. IN DORCHESTER COUNTY.
S. 334 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION ON HIGHER EDUCATION, RELATING TO TEACHER LOAN PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 996, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3282 -- Reps. McGinnis, Hearn, Wells, Kay, P. Harris, McBride, Tucker, Phillips and Farr: A BILL TO AMEND SECTION 50-9-810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE HUNTING AND FISHING LICENSES FOR TOTALLY AND PERMANENTLY DISABLED RESIDENTS, SO AS TO PROVIDE THAT THEY MAY SECURE FREE BIG-GAME PERMITS.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, February 22, which was adopted.
H. 3472 -- Judiciary Committee: A BILL TO AMEND SECTION 16-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF GRAVES, SO AS TO PROVIDE FOR FURTHER DESIGNATION OF THE DESTRUCTION OF GRAVES AND TO, AMONG OTHER THINGS, MAKE THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS AN OFFENSE UNDER THIS SECTION AND DESIGNATE IT AS A FELONY AND REQUIRE MANDATORY IMPRISONMENT OF NOT LESS THAN ONE YEAR; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE OF DESTRUCTION OR DESECRATION OF HUMAN REMAINS; AND TO REPEAL SECTION 16-17-590, RELATING TO MUTILATION OF MONUMENT OR TOMBSTONE.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, February 23, which was adopted.
H. 3268 -- Rep. Gentry: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND REQUIREMENTS FOR PERSONAL REPRESENTATIVES IN THE PROBATION OF ESTATES, SO AS TO PROVIDE THAT NO BOND IS REQUIRED IN THE PROBATING OF AN ESTATE WHEN THERE IS A SINGLE BENEFICIARY, AND UNDER INTESTATION, WHEN THERE IS ONLY ONE SURVIVING HEIR.
The following Bill was taken up.
H. 3483 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTION 42-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE WORKERS' COMPENSATION COMMISSION, SO AS TO PROVIDE A PROCEDURE FOR DISMISSING A CLAIM WITHOUT PREJUDICE UPON THE OCCURRENCE OF CERTAIN CONDITIONS; TO AMEND SECTION 42-9-30, AS AMENDED, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION AND PERIOD OF DISABILITY FOR CERTAIN INJURIES, SO AS TO PROVIDE THAT PERMANENT DISFIGUREMENT OF THE FACE, HEAD, NECK, OR OTHER AREA NORMALLY EXPOSED IN EMPLOYMENT, RATHER THAN "SERIOUS PERMANENT DISFIGUREMENT" OF THESE PLACES, MUST BE VISIBLE FROM A DISTANCE OF SIX FEET; AND TO AMEND SECTION 42-17-50, RELATING TO REVIEW AND REHEARING BY THE WORKERS' COMPENSATION COMMISSION, SO AS TO CHANGE THE AMOUNT OF THE FEE WHICH MUST ACCOMPANY EACH APPLICATION FOR COMMISSION REVIEW IN ORDER TO DEFRAY THE COSTS OF THE REVIEW.
Rep. HEARN explained the Bill.
Rep. BAXLEY objected to the Bill.
Rep. WASHINGTON moved to adjourn debate upon the Bill until Wednesday, February 22, which was adopted.
The following Joint Resolution was taken up.
H. 3383 -- Reps. Keyserling, Sheheen, Wilkins, McEachin, J.W. Johnson, Huff and McLellan: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 9, ARTICLE III, OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO SESSIONS OF THE GENERAL ASSEMBLY, SO AS TO PROVIDE THAT THE ANNUAL SESSION OF THE GENERAL ASSEMBLY SHALL COMMENCE ON THE SECOND TUESDAY IN FEBRUARY INSTEAD OF THE SECOND TUESDAY IN JANUARY AND THAT THE SENATE SHALL HAVE ORGANIZATIONAL MEETINGS IN THE YEARS FOLLOWING THE ELECTION OF ITS MEMBERS AND TO DELETE OBSOLETE LANGUAGE RELATING TO EARLIER SESSIONS OF THE GENERAL ASSEMBLY.
Reps. CARNELL, McABEE, BRUCE, BLANDING and KIRSH objected to the Joint Resolution.
The following Bill was taken up.
H. 3158 -- Rep. Snow: A BILL TO AMEND SECTION 46-17-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMODITIES MARKETING ORDERS, SO AS TO PROVIDE THAT CHAPTER 17 OF TITLE 46 IS EXEMPT FROM THE REQUIREMENTS OF ARTICLE 1, CHAPTER 23 OF TITLE 1 (THE ADMINISTRATIVE PROCEDURES ACT).
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1831U), which was adopted.
Amend the bill, as and if amended, Section 46-17-150, as contained in SECTION 1, by striking the last sentence and inserting: /The provisions of this chapter that relate to assessments, grading, and quality standards are exempt from the requirements of Article 1, Chapter 23 of Title 1./ When amended Section 46-16-150 shall read:
/Section 46-17-150. If the Commission commission determines that the requisite assent has been is given it shall issue and put any an order or amendment or termination thereto to it into force, whereupon and every provision thereof shall have has the force of law and be is binding upon every affected producer and handler within the specified area. Issuance shall be is accomplished by publication for one day in a newspaper of general circulation in Columbia, Greenville, and Charleston and in the affected area of notice if different from these three cities, stating that the marketing order has been issued, amended, or terminated, and where copies of such the order, amendment, or termination may be obtained. If the Commission commission determines that the requisite assent has not been given, no further action shall must be taken by the Commission commission upon the proposal, and the order, amendment, or termination contained in the final order shall be is without force or effect. The Provisions of this chapter that relate to assessments, grading, and quality standards are exempt from the requirements of Article 1, Chapter 23 of Title 1."/
Amend title to conform.
Rep. HAYES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3154 -- Reps. Huff and Wilkins: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE DRIVER'S LICENSE, BY ADDING ARTICLE 11 SO AS TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO SUSPEND THE DRIVER'S LICENSE OF PERSONS CONVICTED OF VIOLATING THE PROVISIONS OF SECTION 61-9-50, AND TO AMEND THE 1976 CODE BY ADDING SECTION 61-13-837 SO AS TO REQUIRE CONVICTIONS OF THE ENUMERATED OFFENSES TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1736U).
Amend the bill, as and if amended, by striking subsection (A) of Section 56-1-1910, as contained in SECTION 1, and inserting:
/(A) The department shall suspend the driver's license of any person convicted of the offenses contained in Sections 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 as follows:
(1) for a conviction for a first offense, for a period of thirty days;
(2) for a conviction for a second offense, for a period of sixty days;
(3) for a conviction for a third or subsequent offense, for a period of ninety days./
Amend the bill further, as and if amended, by striking Section 61-13-837, as contained in SECTION 2, and inserting:
/Section 61-13-837. Convictions or adjudications of the Family Court of the offenses contained in Sections 61-9-50, 61-9-60, 61-13-287, 20-7-370, and 20-7-380 must be reported to the South Carolina Department of Highways and Public Transportation./
Amend title to conform.
Rep. HUFF explained the amendment.
Rep. T. ROGERS moved to adjourn debate upon the Bill until Wednesday, February 22, which was adopted.
Rep. McGINNIS moved to adjourn debate upon the following Bill until Wednesday, February 22, which was adopted.
H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-15-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS - ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
The following Bill was taken up.
H. 3051 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 3 OF TITLE 50 SO AS TO CREATE THE SOUTH CAROLINA WILDLIFE ENDOWMENT FUND TO BE FUNDED FROM THE PROCEEDS OF LIFETIME HUNTING AND FISHING LICENSES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-9-11 AND 50-9-16 SO AS TO PROVIDE FOR LIFETIME COMBINATION HUNTING AND FISHING LICENSES AND LIFETIME SPORTSMAN LICENSES.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0022R).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 3, Title 50 of the 1976 Code is amended by adding:
Section 50-3-710. There is created the South Carolina Wildlife Endowment Fund, the income and principal of which must be used only for the purpose of supporting wildlife conservation programs of the State.
Section 50-3-720. There is created the Board of Trustees of the Wildlife Endowment Fund of the Wildlife and Marine Resources Commission, with full authority over the administration of the fund, whose chairman and members are the chairman and members of the Wildlife and Marine Resources Commission. The State Treasurer is the custodian of the fund and shall invest its assets in accordance with the provisions of Title 11.
Section 50-3-730. The assets of the fund are derived from:
(1) the proceeds of any gifts, grants, and contributions to the State which are designated specifically for inclusion;
(2) the proceeds from the sale of lifetime combination licenses issued in accordance with Section 50-9-11;
(3) the proceeds from the sale of lifetime hunting and lifetime fishing licenses in accordance with Sections 50-9-120(3) and 50-9-455;
(4) any amount in excess of the statutory fee for a particular lifetime license which qualifies as a tax-exempt donation to the State;
(5) other sources specified by law.
Section 50-3-740. The fund constitutes a special trust derived from a contractual relationship between the State and the members of the public whose investments contribute to the fund. In recognition of the special trust, the following limitations and restrictions are placed on expenditures from the fund:
(1) Any limitations or restrictions specified by the donors on the uses of the income derived from the gifts, grants, and voluntary contributions are respected but are not binding.
(2) No expenditure or disbursement may be made from the principal of the fund except as otherwise provided by law.
(3) The income received and accruing from the investments of the fund must be spent only in furthering the conservation of wildlife resources and the efficient operation of the South Carolina Wildlife and Marine Resources Commission in accomplishing the purposes of the agency as set forth in this title.
Section 50-3-750. The board may accumulate the investment income of the fund and may direct expenditures from the income of the fund for the purposes set out in Section 50-3-740(3).
Section 50-3-760. Expenditure of the income derived from the fund must be made through the Board in accordance with the provisions of the general appropriations act. The fund is subject to the oversight of the State Auditor.
Section 50-3-770. The fund and income does not take the place of state appropriations or agency receipts placed in the fund but any portion of the income of the fund available for the purpose set out in Section 50-3-740(3) must be used to supplement other income of and appropriations to the Wildlife and Marine Resources Department.
Section 50-3-780. If the Wildlife and Marine Resources Commission is dissolved, the succeeding agency shall assume the trusteeship of the fund and is bound by all the limitations and restrictions placed by this article on expenditures from the fund. No repeal or modification of this article or title alters the fundamental purposes to which the fund is applied. No future dissolution of the Wildlife and Marine Resources Commission or substitute agency invalidates any lifetime license issued in accordance with Chapter 9 of this title.
Section 50-3-790. In the event the annual combination as provided in Section 50-9-10, annual hunt as provided in Section 50-9-120(1), or annual fish license as provided in Section 50-9-450 fee increases, the percentage of increase for each annual license shall be applied to the existing lifetime license fees and each lifetime license fee shall be increased accordingly, rounding the fee to the next highest dollar.
Section 50-3-800. A lifetime licensee shall not lose the privileges of such license by a subsequent transfer of residency.
SECTION 2. The 1976 Code is amended by adding:
Section 50-9-11. A resident of this State may obtain from the Columbia headquarters a lifetime combination license which grants him the same privileges as a statewide license as provided by Section 50-9-10 of the 1976 Code.
(1) Type A - available only to an individual under two years of age - three hundred dollars;
(2) Type B - available only to an individual under sixteen years of age - four hundred dollars;
(3) Type C - available only to an individual sixteen years of age or older - five hundred dollars;
(4) Type D - Available only to an individual sixty-four years of age or older - nine dollars.
SECTION 3. Section 50-9-120 of the 1976 Code is amended by adding at the end:
(3) For the privilege of hunting throughout the State by a resident of the State a lifetime statewide license may be issued from the Columbia headquarters for a fee of three hundred dollars.
SECTION 4. The 1976 Code is amended by adding:
Section 50-9-455. A resident of this State may obtain from the Columbia headquarters a lifetime fishing license granting him the same privileges as provided in Section 50-9-450 for a fee of three hundred dollars.
SECTION 5. Amend the 1976 Code as and if amended by striking Section 50-9-30 in its entirety and inserting:
Section 50-9-30. No person shall be issued a hunting or fishing license as a State resident unless he shall furnish proof to the issuing agent that he is a resident of this State. Such proof shall be either the holding of a valid State driver's license or such other form of identification that the Department may require which would furnish reasonable proof of such residency.
"Resident" means any person who is a citizen of the United States and who has been a domiciled resident of the State of South Carolina for a period of thirty consecutive days or more immediately prior to the date of his application for license or permit. Any person holding a State resident hunting or fishing license who cannot furnish proof of residency shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than fifty dollars nor more than one hundred dollars or be imprisoned for not less than ten days nor more than thirty days.
SECTION 6. This act takes effect July l, 1990.
Amend title to conform.
Rep. RHOAD explained the amendment.
Rep. WINSTEAD inquired whether or not the Bill had a Fiscal Impact Statement attached.
The SPEAKER stated that the Bill did not, but one would be obtained.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. RHOAD having the floor.
Rep. T. ROGERS moved that the House do now adjourn, which was adopted.
At 12:45 P.M. the House in accordance with the motion of Rep. WRIGHT adjourned in memory of Miss Jean Taylor McCrea of Irmo to meet at 10:00 A.M. tomorrow.
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