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:
Lord God of hosts, concerned about the millions all over the earth yet concerned about each of us as though we were Your only child, be the constant Companion of these who legislate for the welfare of this State and its citizens. You know the clamor of voices in their ears, the constant tugging at their sleeves, the small voices of those without prestige or power, the conversations of pressure groups, even the timid whispers of timid voices. Amid all the den of these varied voices, give, O Lord, to these Your servants the willingness to take time to hear Your voice within their consciences knowing then that all people will be served fairly and in keeping with Your will for Your children.
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.
February 22, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1126)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on February 22, 1989 regulations concerning R. 61-79.124 through .270, Hazardous Waste Management Regulations: Amendments to Reduce Stringency from the S.C. Department of Health and Environmental Control.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3547 -- Reps. P. Harris, T. Rogers, Rudnick, Sharpe, G. Brown, Washington, Kay, Chamblee, Nesbitt, Foster, Fant, Glover, M.O. Alexander, Cooper, K. Bailey, Townsend, G. Bailey, Gordon, Carnell, McAbee, Felder, Tucker and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-113-60 SO AS TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL APPROPRIATE AN AMOUNT FOR HIGHER EDUCATION TUITION GRANTS NOT LESS THAN SIX PERCENT OF THE TOTAL AMOUNT APPROPRIATED FOR UNDERGRADUATE HIGHER EDUCATION IN A FISCAL YEAR, TO MAKE THE SIX PERCENT FUNDING FORMULA EFFECTIVE BEGINNING IN FISCAL YEAR 1992-93, AND TO PROVIDE A FOUR-YEAR PHASE-IN OF THE FORMULA BEGINNING WITH THE APPROPRIATION FOR HIGHER EDUCATION TUITION GRANTS IN FISCAL YEAR 1989-90.
Referred to Committee on Ways and Means.
H. 3548 -- Reps. Wright, Haskins, Wilkins, Hallman, Sharpe, Corning, McLeod, Neilson, Mattos, Jaskwhich, Cooper, Clyborne, Wilder, Fair, Vaughn, Gordon, Littlejohn, Mappus, Sturkie, Chamblee, McAbee, T.C. Alexander, G. Brown, Quinn, J. Bailey, T.M. Burriss, Klapman, Barber, Wells and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-442 SO AS TO PROVIDE THAT PUBLIC SCHOOL STUDENTS SHALL OBSERVE A ONE-MINUTE PERIOD OF SILENT CONTEMPLATION AT THE BEGINNING OF EACH SCHOOL DAY.
Referred to Committee on Education and Public Works.
H. 3549 -- Reps. Rhoad, Keegan, M.D. Burriss, McBride, Sharpe, G. Bailey, L. Martin, Nesbitt, Blackwell, Bennett, Baker, Gordon, Manly, Derrick, Kay, Foster, Cooper, M.O. Alexander, Davenport, Cole, Altman, Snow, K. Bailey, McAbee, Corbett, D. Martin, Waites, Cork, Hallman, Kirsh, Wright, McTeer, McGinnis, Taylor, G. Brown, Gregory, Wilder, J. Bailey, Carnell, Burch, T. Rogers, Fant, Rama, Waldrop, Elliott, Hayes, White, Mappus and Whipper: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AFFECTING AUTOMOBILE INSURANCE LEGISLATION, SO AS TO INCLUDE BUSES OWNED BY AMERICAN LEGION POSTS IN THE DEFINITION OF "SMALL COMMERCIAL RISK".
Referred to Committee on Labor, Commerce and Industry.
H. 3550 -- Reps. M.D. Burriss, T.M. Burriss and Hearn: A BILL TO AMEND SECTION 12-7-435, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO INCREASE THE MAXIMUM AMOUNT WHICH MAY BE DEDUCTED ANNUALLY BY FEDERAL CIVIL SERVICE AND UNITED STATES UNIFORMED SERVICES RETIREES OR THEIR SURVIVING SPOUSES FROM THREE THOUSAND DOLLARS TO SIX THOUSAND DOLLARS AND TO PROVIDE THAT UPON REACHING SIXTY-FIVE YEARS OF AGE A RETIREE OF A QUALIFIED PENSION PROGRAM OR SURVIVING SPOUSE MAY DEDUCT ALL INCOME FROM THE QUALIFIED PENSION PROGRAM.
Referred to Committee on Ways and Means.
H. 3551 -- Reps. Wilkins, Hallman, Wofford, H. Brown, M.D. Burriss, Littlejohn, Tucker, Corning, Cork, Haskins, Corbett, Cole, Wright, Rama, Bruce, L. Martin, Fair, Keegan, Wilder, Clyborne, Hayes, McElveen, Sharpe, Winstead, Limehouse, T.M. Burriss, Vaughn, Simpson, Huff, Hearn, Wells, Baker, Beasley and McCain: A BILL TO ENACT "THE DAYCARE SERVICES IMPROVEMENT ACT"; TO AMEND SECTION 33-31-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONPROFIT CORPORATIONS AND IMMUNITY FROM LIABILITY, SO AS TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR DIRECTORS, TRUSTEES, OR MEMBERS OF THE GOVERNING BODIES OF CERTAIN CHILD DAYCARE CENTERS AND GROUP DAYCARE HOMES; TO AMEND SECTION 33-55-210, AS AMENDED, RELATING TO RECOVERY AGAINST CHARITABLE ORGANIZATIONS, SO AS TO INCLUDE CERTAIN CHILD DAYCARE CENTERS AND GROUP DAYCARE HOMES IN THE DEFINITION OF "CHARITABLE ORGANIZATION"; TO PROVIDE FOR A DAYCARE JOINT UNDERWRITING ASSOCIATION; TO AMEND SECTION 20-7-2730, RELATING TO CHILD DAYCARE FACILITIES, THE ISSUANCE OF A LICENSE, AND PRIVATE CENTERS AND HOMES, SO AS TO PROVIDE THAT ANY PERSON WHO HAS BEEN CONVICTED OF CERTAIN ENUMERATED CRIMES WHO APPLIES FOR EMPLOYMENT WITH, OR IS EMPLOYED BY, A FACILITY IS GUILTY OF A MISDEMEANOR, AND TO PROVIDE A PENALTY; TO AMEND SECTION 20-7-2970, RELATING TO PENALTIES AGAINST CHURCH OR RELIGIOUS DAYCARE CENTERS, SO AS TO INCREASE THE MAXIMUM FINE FOR VIOLATING THE PROVISIONS OF SECTIONS 20-7-2910 THROUGH 20-7-2970, TO AMEND SECTION 20-7-3090, RELATING TO PENALTIES FOR VIOLATING CERTAIN PROVISIONS OF THE CHILDREN'S CODE, SO AS TO INCREASE THE MAXIMUM AMOUNT OF THE FINE PROVIDED FOR IN THE SECTION; TO AMEND THE 1976 CODE BY ADDING SECTION 20-7-3095 SO AS TO MAKE IT A SEPARATE CRIMINAL OFFENSE, AND A FELONY, FOR ANY PERSON TO UNLAWFULLY COMMIT ANY OF THE OFFENSES LISTED IN CHAPTER 3, TITLE 16, (OFFENSES AGAINST THE PERSON), ANY CRIME LISTED IN CHAPTER 15, TITLE 16, (OFFENSES AGAINST MORALITY AND DECENCY), OR THE CRIME OF CONTRIBUTING TO THE DELINQUENCY OF A MINOR CONTAINED IN SECTION 16-17-490 WHILE WITHIN A RADIUS OF ONE HUNDRED YARDS OF THE GROUNDS OF ANY PUBLIC OR PRIVATE CHILD DAYCARE FACILITY, AND TO PROVIDE A PENALTY; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 20-7-3095; TO AMEND THE 1976 CODE BY ADDING SECTION 12-7-1260 SO AS TO PROVIDE A CREDIT FOR ESTABLISHING A CHILDCARE PROGRAM FOR ONE'S EMPLOYEES, AND TO PROVIDE A CREDIT FOR THE SAME TAXPAYER IN AN AMOUNT NOT EXCEEDING FIFTY PERCENT OF THE CHILDCARE PAYMENTS MADE DIRECTLY TO LICENSED OR REGISTERED INDEPENDENT CHILDCARE FACILITIES IN THE NAME OF AND FOR THE BENEFIT OF AN EMPLOYEE OF THE TAXPAYER, WHICH EMPLOYEE'S CHILDREN ARE KEPT AT THE FACILITY DURING THE EMPLOYEE'S WORKING HOURS; TO AMEND SECTION 59-19-90, RELATING TO THE GENERAL POWERS AND DUTIES OF SCHOOL TRUSTEES, SO AS TO INCLUDE THE PROVIDING OF A SCHOOL-AGE CHILDCARE PROGRAM OR FACILITIES; AND TO AMEND THE 1976 CODE BY ADDING SECTION 59-19-125 SO AS TO AUTHORIZE EACH DISTRICT BOARD OF TRUSTEES TO LEASE ANY SCHOOL PROPERTY FOR A RENTAL WHICH THE BOARD CONSIDERS REASONABLE OR PERMIT THE FREE USE OF SCHOOL PROPERTY FOR A CIVIC OR PUBLIC PURPOSE OR THE OPERATION OF A SCHOOL-AGE CHILDCARE PROGRAM FOR CHILDREN AGED FIVE THROUGH FOURTEEN YEARS THAT OPERATES BEFORE OR AFTER THE SCHOOL DAY, OR BOTH, AND DURING PERIODS WHEN SCHOOL IS NOT IN SESSION, IF THE PROPERTY IS NOT NEEDED FOR SCHOOL PURPOSES.
Referred to Committee on Education and Public Works.
H. 3552 -- Reps. Huff, L. Martin, J. Rogers, Littlejohn, Cole, Elliott, Davenport, Moss, Blanding, Hodges, Wells, Wilkes, Bruce, McGinnis, Wilder, Snow, Wright and Quinn: A BILL TO AMEND SECTION 8-21-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEES PAID TO CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCE, SO AS TO INCREASE VARIOUS FEES AND DELETE OBSOLETE LANGUAGE; TO AMEND SECTION 12-49-250, RELATING TO THE FEE FOR RECORDING THE MORTGAGE NOTICE LIST, SO AS TO INCREASE THE FEE FOR EACH MORTGAGEE NOTICE; TO AMEND SECTION 15-49-30, RELATING TO THE APPLICABLE FEE FOR BRINGING AN ACTION FOR A CHANGE OF NAME, SO AS TO PROVIDE THAT THE APPLICABLE FILING FEE IS THE STANDARD FEE TO FILE CIVIL ACTIONS; TO AMEND SECTION 20-7-1510, RELATING TO THE DISPOSITION OF FINES AND FORFEITURES GENERATED BY THE CIRCUIT AND FAMILY COURT, SO AS TO PROVIDE SPECIFICALLY THAT FINES AND FORFEITURES FOR SHELLFISH VIOLATIONS ARE EXCLUDED FROM THE GENERAL DISTRIBUTION PROVISIONS; AND TO AMEND SECTION 44-53-580, RELATING TO THE DISPOSITION OF FINES GENERATED FROM NARCOTICS AND CONTROLLED SUBSTANCE OFFENSES, SO AS TO PROVIDE THAT ONE-FOURTH OF THE FINES MUST BE REMITTED TO THE COUNTY TREASURER OF THE COUNTY WHERE THE VIOLATION OCCURRED.
Referred to Committee on Judiciary.
H. 3553 -- Rep. Taylor: A BILL TO AMEND CHAPTER 29 OF TITLE 38, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LIFE AND ACCIDENT AND HEALTH INSURANCE GUARANTY ASSOCIATION BY ADDING SECTION 38-29-55 SO AS TO PROVIDE THAT HEALTH MAINTENANCE ORGANIZATIONS SHALL BECOME MEMBERS OF THE ASSOCIATION ON JULY 1, 1989, UNDER THOSE TERMS AND CONDITIONS AND WITH THOSE ASSESSMENTS AS THE CHIEF INSURANCE COMMISSIONER PRESCRIBES.
Referred to Committee on Labor, Commerce and Industry.
H. 3554 -- Reps. Kirsh, J. Rogers, Wilkins, Beasley, Boan, H. Brown, Bruce, Clyborne, Cole, Corbett, Hallman, Haskins, Hearn, Huff, Keegan, Littlejohn, McLellan, Quinn, Rama, Sharpe, Short, Sturkie, Vaughn, Wells, Wilkes, Wofford, Wright, Foster, Nesbitt, Hayes, McAbee, G. Bailey and J.W. Johnson: A BILL TO AMEND CHAPTER 11, TITLE 55, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AIRPORTS, BY ADDING ARTICLE 7 SO AS TO PROVIDE CERTAIN STATE FUNDING FOR AIRLINE HUB TERMINAL FACILITIES TO BE CONSTRUCTED IN THIS STATE; AND TO AMEND SECTION 12-37-220, AS AMENDED, RELATING TO PROPERTY TAX EXEMPTIONS, SO AS TO EXEMPT ALL PERSONAL PROPERTY OF AN AIRLINE COMPANY OPERATING AN AIRLINE HUB TERMINAL FACILITY IN THIS STATE.
Referred to Committee on Ways and Means.
H. 3555 -- Rep. Lockemy: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ARCHIE SINCLAIR, INC., IN DILLON COUNTY.
On motion of Rep. LOCKEMY, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3556 -- Reps. R. Brown, Harvin, D. Williams and K. Bailey: A BILL TO AMEND SECTIONS 50-9-1020, 50-13-1130, AND 50-13-1135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SYSTEM FOR ASSESSING POINTS FOR HUNTING AND FISHING VIOLATIONS, THE COMMERCIAL FISHING FOR CATFISH, AND THE NONGAME FISHING DEVICES WHICH MAY BE USED WITHOUT A COMMERCIAL FISHING LICENSE, SO AS TO PROVIDE THAT THE DISPOSAL IN COMMERCE OF A BLUE CATFISH WHICH EXCEEDS THIRTY-TWO INCHES IN LENGTH IS UNLAWFUL AND TO PROVIDE PENALTIES INCLUDING A FOURTEEN-POINT ASSESSMENT AND TO REDUCE FROM THREE TO ONE THE NUMBER OF TROTLINES WHICH MAY BE USED AND FROM ONE HUNDRED FIFTY TO FIFTY THE NUMBER OF HOOKS WHICH MAY BE USED ON A TROTLINE WITHOUT A COMMERCIAL FISHING LICENSE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 50-13-1129 SO AS TO PROHIBIT THE TAKING OF MORE THAN TWO BLUE CATFISH WHICH EXCEED THIRTY-TWO INCHES IN LENGTH IN ANY ONE DAY AND TO PROVIDE PENALTIES.
Referred to Committee on Agriculture and Natural Resources.
H. 3557 -- Reps. Phillips, Blackwell, Barfield and Lockemy: A BILL TO AMEND SECTION 23-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAWFUL AND UNLAWFUL SALE, STORAGE, TRANSPORTATION, AND USE OF CERTAIN FIREWORKS, SO AS TO REVISE THE FIREWORKS WHICH ARE PERMISSIBLE; TO AMEND SECTION 23-35-70, RELATING TO LICENSES FOR WHOLESALE DISTRIBUTORS, JOBBERS, AND RETAILERS OF FIREWORKS, SO AS TO INCREASE THE ANNUAL LICENSE FEE FOR EACH OF THESE CLASSIFICATIONS, TO FURTHER PROVIDE FOR THE ISSUANCE, CONDITIONS, AND RESPONSIBILITIES IN REGARD TO THE ISSUANCE OF THESE LICENSES INCLUDING PROVISIONS PERTAINING TO CERTAIN REQUIRED PURCHASES AND SALES OF FIREWORKS THROUGH APPROPRIATE LICENSEES, AND TO PROVIDE THAT THE MONIES COLLECTED ON THE ISSUANCE OF THESE LICENSES MUST BE DEPOSITED IN THE GENERAL FUND OF THE STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 23-35-75 SO AS TO PROVIDE THAT A FIREWORKS LICENSEE IS ALSO REQUIRED TO COMPLY WITH ALL STATE AND LOCAL BUILDING AND FIRE PROTECTION STANDARDS AND BUSINESS LICENSE REQUIREMENTS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-56-30 THROUGH 40-56-70 SO AS TO AUTHORIZE THE CONFISCATION OF ILLEGAL FIREWORKS AND THE PROCEDURES FOR THIS CONFISCATION.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3560 -- Reps. McGinnis, McAbee, Hayes, Lockemy and McKay: A JOINT RESOLUTION NAMING THE SOUTH CAROLINA NATIONAL GUARD COMPLEX ON BLUFF ROAD IN COLUMBIA THE "T. ESTON MARCHANT NATIONAL GUARD COMPLEX" IN HONOR OF SOUTH CAROLINA'S DISTINGUISHED ADJUTANT GENERAL, AND AUTHORIZING THE PLACING OF SIGNS OR MARKERS AND THE EXPENDITURE OF NECESSARY FUNDS FOR THE PURPOSE OF APPROPRIATELY IDENTIFYING THE COMPLEX.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
S. 93 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.
Referred to Committee on Judiciary.
S. 125 -- Senators Saleeby, Pope and McConnell: A BILL TO AMEND SECTION 56-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION TO THE CHIEF COMMISSIONER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BY PROVIDERS OF INSURANCE OR SECURITY, SO AS TO REQUIRE THAT NOTIFICATION OF A LAPSE OR TERMINATION MUST BE IN WRITING WHICH MAY BE ACCOMPANIED BY AN ELECTRONIC COMPUTER TAPE CONTAINING THE NOTIFICATION AND SECTION 56-10-240, AS AMENDED, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE INSURER WHO GAVE THE CANCELLATION OR REFUSAL TO RENEW NOTICE TO FILE EVIDENCE THAT A VEHICLE IS INSURED BEFORE THE DEPARTMENT REISSUES REGISTRATION CERTIFICATES AND LICENSE PLATES.
Referred to Committee on Labor, Commerce and Industry.
S. 237 -- Senators Lee, Horace C. Smith, Leventis, Thomas, Giese, Setzler, Wilson, Courson, Peeler, Shealy, Stilwell, Pope, Hayes, Saleeby, Patterson, Bryan, Matthews, Drummond, McConnell, Land, Leatherman, Lourie, McLeod and Fielding: A BILL TO AMEND SECTION 23-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE THAT THE CHIEF DEPUTY OR SECOND-IN-COMMAND OF THE SHERIFF'S OFFICE SHALL ACT AS SHERIFF, AND IS SUBJECT TO THE DUTIES AND LIABILITIES INCIDENT TO THE OFFICE OF SHERIFF, UNTIL THE VACANCY IS FILLED; AND TO REPEAL SECTIONS 23-11-50, 23-11-60, 23-11-70, 23-11-80, 23-11-90, AND 23-11-100 RELATING TO THE RESPONSIBILITIES OF THE COUNTY CORONER AND CLERK WHEN THERE IS A VACANCY IN THE OFFICE OF SHERIFF.
Referred to Committee on Judiciary.
H. 3558 -- Reps. Littlejohn, Bruce, McGinnis, Lanford, Wells, Ferguson, Cole and Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE PAULA BAKER, JOHN S. POOLE, PHILLIP R. CASE, AND ANNIE Y. GORDON WHO WERE RECENTLY HONORED AT THE UNIVERSITY'S ANNUAL FOUNDERS' DAY CEREMONIES FOR THEIR CONTRIBUTIONS TO THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG.
Whereas, each year the University of South Carolina at Spartanburg, on the anniversary of the founding of the institution, pauses to honor friends and supporters of the campus who have contributed in outstanding ways; and
Whereas, Paula Baker, John S. Poole, Phillip R. Case, and Annie Y. Gordon were recently recognized at Founders' Day as outstanding contributors to the mission for which the Spartanburg campus was founded; and
Whereas, these dedicated leaders have helped mold the Spartanburg campus in making it one of the premier institutions in the State; and
Whereas, these unselfish individuals have worked diligently to accomplish the original mission of the school which is responding to the needs of the Spartanburg community. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly wish to recognize Paula Baker, John S. Poole, Phillip R. Case, and Annie Y. Gordon who were recently honored at the University's annual Founders' Day ceremonies for their contributions to the University of South Carolina at Spartanburg.
Be it further resolved that a copy of this resolution be forwarded to each person honored.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
H. 3559 - Reps. Rama, J. Bailey, Barber, Hallman, Holt, Kohn, Mappus, D. Martin, Washington, Whipper and Winstead: A CONCURRENT RESOLUTION TO EXPRESS THE SENSE OF THE GENERAL ASSEMBLY THAT SOUTH CAROLINA CORRECTIONAL AND DETENTION FACILITY STANDARDS SHOULD BE CHANGED TO ALLOW MULTIPLE INMATE OCCUPANCY FOR EACH CELL FOR PRETRIAL DEFENDANTS.
The Concurrent Resolution was referred to the Committee on Invitations and Memorial Resolutions.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Farr Felder Ferguson Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Stoddard Taylor Townsend Tucker Vaughn Waites Washington Wells Whipper 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 23, 1989.
Ennis Fant Juanita White Grady Brown Dave C. Waldrop Roland S. Corning John J. Snow, Jr. C. Lenoir Sturkie T.M. Burriss Ken Bailey Larry Koon Steve Lanford
ORDERED ENROLLED FOR RATIFICATION
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. 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.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
H. 3186 -- Rep. Barfield: A BILL TO AMEND SECTION 50-13-1155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REQUIREMENTS AND FEES FOR TAGS AND PERMITS FOR CERTAIN NONGAME FISHING DEVICES AND GEAR, SO AS TO EXEMPT DEVICES AND GEAR USED IN THE LITTLE PEE DEE, GREAT PEE DEE, AND WACCAMAW RIVERS.
H. 3369 -- Rep. Mattos: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO DECREASE THE REQUIREMENT FROM FIFTY THOUSAND TO FIVE THOUSAND DOLLARS.
H. 3401 -- Reps. Cork, T.M. Burriss, Derrick and Taylor: A BILL TO AMEND SECTIONS 37-2-405 AND 37-3-402, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF THE CONSUMER TO REFINANCE BALLOON PAYMENTS DUE PURSUANT TO CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO EXEMPT FROM THE REQUIREMENTS OF THE SECTIONS ALL CREDIT TRANSACTIONS AND ALL CONSUMER LOANS RATHER THAN ONLY THOSE IN WHICH THE PRIMARY SECURITY IS A REAL ESTATE LIEN IF THE FORMULA FOR DETERMINING CHARGES OR CHANGES IN PAYMENTS UPON RENEGOTIATION IS INCLUDED IN THE AGREEMENT.
H. 3218 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTIONS 2-23-10 THROUGH 2-23-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTOMOBILE INSURANCE STUDY COMMITTEE, SO AS TO PROVIDE FOR A PERMANENT JOINT LEGISLATIVE COMMITTEE TO STUDY THE INSURANCE INDUSTRY AND RELATED LAWS INSTEAD OF LIMITING THE STUDY TO AUTOMOBILE INSURANCE AND TO PROVIDE FOR ITS MEMBERS, POWERS, DUTIES, STAFF, AND EXPENSES.
H. 3257 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER AN AWARD OR UNDER A JUDGMENT UPON AN APPEAL FROM AN AWARD BECOMES DUE, SO AS TO PROVIDE THAT THE FIRST INSTALLMENT OF THE COMPENSATION BECOMES DUE FOURTEEN, RATHER THAN SEVEN, DAYS FROM THE DATE OF THE AWARD OR FROM THE DATE OF THE JUDGMENT.
H. 3213 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HEARING BEFORE THE WORKERS' COMPENSATION COMMISSION ON PAYABLE COMPENSATION, SO AS TO PROVIDE THAT, FOR A COUNTY WITHOUT AN ADEQUATE HEARING SITE, A NATIONAL GUARD ARMORY IN THAT COUNTY MUST BE ESTABLISHED AND UTILIZED AS THE PERMANENT HEARING SITE, WITH REASONABLE RENT TO BE PAID BY THE COMMISSION.
H. 3516 -- Reps. Rama, Tucker, Keyserling, Waites, Limehouse, McElveen, J. Bailey, McCain, Baxley, Wilkes, Hallman, Corbett, T. Rogers, Lanford, G. Brown, Baker, Neilson, G. Bailey, R. Brown, Barber, Huff, Holt, Winstead, Moss, Blackwell, Kohn, Haskins, Kay, Hearn, Gordon, Davenport, Mappus, Wright, Taylor, Quinn, Cole, Burch, McLellan, Washington, J. Harris, J. Brown, J.W. Johnson, Lockemy, T.C. Alexander, Simpson, M.O. Alexander, D. Martin, Vaughn, Farr, Fant, Sharpe, Corning, Koon, Mattos, Glover, Beasley, McGinnis, Wells, J. Rogers, Faber, Sheheen, Nesbitt, Cork, Chamblee, Wilkins, Carnell, Fair, Cooper, J.C. Johnson, J. Williams, Phillips, Jaskwhich, Gentry, Keesley, McBride, Wilder, McLeod, H. Brown, Keegan, Rhoad, Elliott, Hayes, D. Williams, L. Martin, K. Bailey, Ferguson, Whipper, Harwell, Stoddard, Hendricks, Waldrop, Harvin, Wofford, Altman, Hodges, Felder, Klapman, Gregory, McTeer and Snow: A BILL TO REPEAL SECTION 59-63-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE PUPILS OF ONE RACE ATTENDING THE SCHOOLS PROVIDED BY THE BOARDS OF TRUSTEES FOR PERSONS OF ANOTHER RACE.
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.
The following Bill was taken up.
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 Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 1812U) which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 62-3-603 of the 1976 Code, as last amended by Act 659 of 1988, is further amended to read:
"Section 62-3-603. No Except as otherwise provided in this section, no bond is required of a personal representative who is named in a will and the will expressly waives the bond or when there is only a single beneficiary named in a will. Bond will be is required in the following cases:
(1) upon the appointment of a special administrator;
(2) upon the appointment of a personal representative of an intestate estate unless that personal representative is a banking corporation or trust company qualified under Section 34-15-10 unless the court has determined at the time of the appointment that there is only a single qualified surviving heir pursuant to the provisions of this Probate Code governing intestacy and that the heir is appointed as the personal representative;
(3) upon appointment of a nonresident personal representative unless bond is expressly is excused in the will;
(4) when a personal representative is appointed to administer an estate under a will which does not expressly waive the requirement of bond containing an express requirement of bond; or
(5) when bond is required under Section 62-3-605.
No bond is required of any a banking corporation or trust company qualified under Section 34-15-10 when it is appointed to act as a personal representative except under item (4) above."
SECTION 2. Upon approval by the Governor, Section 62-3-603 of the 1976 Code, as amended by this act, is effective with respect to wills probated after July 12, 1988./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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. WILKINS, with unanimous consent, it was ordered that H. 3268 be read the third time tomorrow.
Rep. WILKINS moved that when the House adjourns it adjourn to meet at 10:00 A.M. or 12:00 Noon tomorrow in Local Session, which was agreed to.
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.
Rep. HUFF explained the Bill.
Rep. FELDER objected to the Bill.
Rep. HUFF continued speaking.
Reps. FABER, McBRIDE, BLANDING and COLE objected to the Bill.
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.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, February 21, by the Committee on Agriculture and Natural Resources.
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. 3400 -- Reps. Cork, T.M. Burriss and Derrick: A BILL TO AMEND SECTION 37-1-109, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERIODIC ADJUSTMENT OF DOLLAR AMOUNTS IN THE SOUTH CAROLINA CONSUMER PROTECTION CODE BASED ON THE CONSUMER PRICE INDEX, SO AS TO INCLUDE MAXIMUM ASSUMPTION FEES AMONG THE AMOUNTS ADJUSTED; TO AMEND SECTIONS 37-2-202 AND 37-3-202, AS AMENDED, RELATING TO THE ADDITIONAL CHARGES A CREDITOR OR LENDER MAY CONTRACT FOR IN CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE LOAN BALANCE OR UNPAID DEBT BALANCE; AND TO AMEND SECTION 37-10-102, RELATING TO LOANS FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES SECURED BY A LIEN ON REAL ESTATE UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MAXIMUM ALLOWED ASSUMPTION FEE FROM THE LESSER OF TWO HUNDRED FIFTY DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE TO THE LESSER OF FOUR HUNDRED DOLLARS OR ONE PERCENT OF THE UNPAID LOAN BALANCE.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, February 22, by the Committee on Labor, Commerce and Industry.
Rep. CORK explained the amendment and moved to table the amendment, which was agreed to.
Rep. CORK proposed the following Amendment No. 2 (Doc. No. 2100U).
Amend the bill, as and if amended, by striking Sections 1 and 5 in their entirety.
Amend further, in Section 2, page 2, line 15, by striking /fifty/ and inserting /fifty/.
Amend further, in Section 3, page 2, line 35, by striking /fifty/ and inserting /fifty/.
Amend further, in Section 4, page 3, line 9, by striking /fifty/ and inserting /fifty/.
Amend totals and title to conform.
Rep. CORK explained the amendment and moved to adjourn debate upon the Bill until Tuesday, February 28, which was adopted.
The following Bill was taken up, read the second time, and ordered to a third reading:
H. 3215 -- Reps. J. Rogers and Baker: A BILL TO AMEND SECTION 33-55-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL REGISTRATION OF CHARITABLE ORGANIZATIONS WITH THE SECRETARY OF STATE, SO AS TO REDUCE THE ANNUAL REGISTRATION FEE.
The following Bill was taken up.
H. 3286 -- Rep. Hodges: A BILL TO AMEND CHAPTER 53, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14 SO AS TO PROVIDE FOR THE DEFINITION OF "ANABOLIC STEROID", TO PROVIDE WHAT CONSTITUTES UNPROFESSIONAL CONDUCT FOR A PRACTITIONER, TO PROVIDE WHAT CONSTITUTES A VIOLATION OF THIS ARTICLE, AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO ADD CERTAIN VIOLATIONS OF ARTICLE 14 TO THE LIST OF CRIMES CLASSIFIED AS FELONIES BY SECTION 16-1-10.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1974U), which was adopted.
Amend the bill, as and if amended, by striking Section 44-53-1520, as contained in SECTION I, page 2, and inserting:
/Section 44-53-1520. It is unprofessional conduct, and is not a valid medical purpose, for a practitioner or veterinarian to prescribe, dispense, or administer an anabolic steroid, or a pharmacist to dispense an anabolic steroid, for the purpose of the hormonal manipulation that is intended to increase muscle mass, strength, or weight without a medical necessity to do so, or for the intended purpose of improving performance in any form of exercise, sport, or game./
Amend further by striking Section 44-53-1530, as contained in SECTION 1, pages 2 and 3, and inserting:
/Section 44-53-1530. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally possess anabolic steroids as defined in this article unless the steroids were obtained directly from, or pursuant to a valid prescription or order of, a practitioner while acting in the course of his professional practice. Any person who violates this article with respect to:
(1) prescription, dispensation, delivery, or administration of an anabolic steroid, or delivery of an anabolic steroid to a person for human use without any purpose other than a valid medical purpose, or the sale or delivery of an anabolic steroid to a person for human use without a valid prescription, is guilty of a felony and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both;
(2) possession of ten or fewer dosage units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed six months or fined in an amount not to exceed one thousand dollars;
(b) for a second or subsequent offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;
(3) possession of more than ten but fewer than one hundred dosage units of anabolic steroids without a valid prescription is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed one year or fined in an amount not to exceed two thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed two years or fined in an amount not to exceed three thousand dollars, or both.
(4) possession of more than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a violation of item (1) and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both./
Amend the bill further by striking Section 44-53-1540, as contained in SECTION 1, pages 3 and 4.
Amend the bill further in SECTION 2, page 4, line 5, by striking /, trafficking,/ so that when amended SECTION 2 shall read:
/SECTION 2. The crimes added in Article 14 of Chapter 53, Title 44 of the 1976 Code, classified as felonies, as contained in Section 1 of this act, relating to unlawfully possessing or prescribing anabolic steroids, are added to the list of crimes classified as felonies in Section 16-1-10./
Renumber sections to conform.
Amend title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 2 (Doc. No. 2081U), which was adopted.
Amend the amendment introduced by Medical, Military, Public and Municipal Affairs Committee, dated February 16, 1989, Document No. 1974U, as and if amended, in Section 44-53-1530(4), page 5, lines 3 and 4, by striking /violation of item (1)/ and inserting /felony/ so that when amended Section 44-53-1530(4) shall read:
/(4) possession of more than one hundred dosage-units of anabolic steroids without a valid prescription is guilty of a felony and, upon conviction, must be punished as follows:
(a) for a first offense, imprisoned for a term not to exceed five years or fined in an amount not to exceed five thousand dollars, or both;
(b) for a second or subsequent offense, imprisoned for a term not to exceed ten years or fined in an amount not to exceed ten thousand dollars, or both./
Amend title to conform.
Rep. BAKER explained the Bill.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of the Bill, Rep. BAKER having the floor.
Rep. GREGORY moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3539 -- Reps. Glover, Fant, Blanding, White, McBride, D. Martin, Taylor, J. Brown, Washington and Gordon: A CONCURRENT RESOLUTION TO DECLARE SATURDAY, FEBRUARY 25, 1989, AS SOUTH CAROLINA TRIO DAY, A DAY ON WHICH ALL SOUTH CAROLINIANS ARE ASKED TO TURN THEIR ATTENTION TO THE NEEDS OF DISADVANTAGED YOUNG PEOPLE AND ADULTS ASPIRING TO IMPROVE THEIR LIVES BY BECOMING CONTRIBUTING CITIZENS OF THIS STATE.
H. 3558 -- Reps. Littlejohn, Bruce, McGinnis, Lanford, Wells, Ferguson, Cole and Davenport: A CONCURRENT RESOLUTION TO RECOGNIZE PAULA BAKER, JOHN S. POOLE, PHILLIP R. CASE, AND ANNIE Y. GORDON WHO WERE RECENTLY HONORED AT THE UNIVERSITY'S ANNUAL FOUNDERS' DAY CEREMONIES FOR THEIR CONTRIBUTIONS TO THE UNIVERSITY OF SOUTH CAROLINA AT SPARTANBURG.
At 10:45 A.M. the House in accordance with the motion of Rep. GREGORY adjourned to meet at 10:00 A.M. or 12:00 Noon tomorrow.
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