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 as follows:
You know, Lord, the many choices we must daily make. In these choices, let us not ask: "Will it work?", but rather: "Is it right?". Take us by the hand and enable us to see things from Your viewpoint. Enable us today to embark on no undertaking that is not in line with Your will for us here, for our great State or for its people. Illumine our minds and direct our thinking that our deliberations and actions may merit Your blessings and may receive Your divine approval: "Well done, good and faithful servant".
God bless us all and help us to be right and to do right. 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 were received and referred to the Committee on Invitations and Memorial Resolutions.
February 14, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On behalf of the South Carolina Chapter of The American Institute of Architects, I would like to extend an invitation to members and staff of the House of Representatives for a reception March 21, 1989, 6:00 until 8:00 P.M. The reception will be held at our State Headquarters on Richland Street in Columbia.
Thank you for your kind attention to this matter and we look forward to meeting with the members of the South Carolina Legislature.
Very truly yours,
Katherine W. Smith
Executive Director
February 21, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
On behalf of the South Carolina Legislative Black Caucus, I would like to extend an invitation to the members of the South Carolina House of Representatives to join us for breakfast on Thursday, March 23, 1989 at 8:00 A.M., at the Faculty House.
The Legislative Black Caucus in conjunction with the University of South Carolina/College of Social Work will host this event. The breakfast will kick off the "Third Annual Black Family Summit". The Honorable Jim Hightower, Commissioner of the Department of Agriculture will be our guest speaker for this occasion.
We look forward to your participation on this auspicious occasion.
Yours sincerely,
Kay Patterson
February 22, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
This letter is to invite members of the House of Representatives and their staff to a reception hosted by South Carolina State College and the Orangeburg Legislative Delegation. After consulting with the Honorable Senator Marshall B. Williams, Chairman of the Orangeburg County Legislative Delegation, we have agreed to schedule the reception for March 29, 1989 at the Radisson Hotel located on Assembly Street in Columbia, South Carolina. The affair is to begin at 8:00 P.M. and end at 10:00 P.M.
I have discussed this date and time with Ms. Catherine G. Jeter of your office.
Thank you for all you do for South Carolina State College.
Sincerely,
James H. Salley
Director of Institutional Advancement
The following were received.
February 23, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1090)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on February 23, 1989 regulations concerning R.61-99, Hazardous Waste Management Planning 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
February 23, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1091)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on February 23, 1989 regulations concerning R.61-100, Non-Hazardous Solid Waste Management Planning 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 was received.
February 22, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 997)
House of Representatives
Dear Mrs. McKinney:
The Department of Agriculture is hereby withdrawing and simultaneously resubmitting Regulations 5-600 through 5-605, Milk and Milk Products. These regulations have been referred to Agriculture and Natural Resources.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., February 23, 1989
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. 286:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 3403 -- Rep. Kay: A BILL TO AMEND SECTION 7-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF VOTING PRECINCTS IN ABBEVILLE COUNTY, SO AS TO DELETE THE DESIGNATION OF THE POLLING PLACE FOR KEOWEE PRECINCT, AND TO ESTABLISH THE POLLING PLACES FOR ALL OF THE VOTING PRECINCTS IN THE COUNTY, INCLUDING KEOWEE.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Federation for Older Americans for a luncheon, March 8, 1989, 12:30 P.M. at the Capstone Conference Center of the U.S.C. campus.
The invitation was accepted.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3404 -- Reps. Fair and Tucker: A BILL TO AMEND SECTION 59-117-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE BOARD OF TRUSTEES OF THE UNIVERSITY OF SOUTH CAROLINA, SO AS TO INCREASE FROM FIVE TO SIX THE MEMBERS OF THE EXECUTIVE COMMITTEE APPOINTED BY THE BOARD.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3160 -- Reps. Gregory, Fair and Short: A BILL TO AMEND SECTION 56-1-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTICES BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, SO AS TO PROVIDE THAT A NOTICE CONCERNING A PERSON'S DRIVER'S LICENSE MUST BE MAILED TO THE PERSON'S ADDRESS CONTAINED IN THE DRIVER'S LICENSE RECORDS OF THE DEPARTMENT.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3217 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO GIVE NOTICE OF THE CANCELLATION OR SUSPENSION OF A VEHICLES' REGISTRATION TO THE OWNER BY FIRST CLASS MAIL INSTEAD OF CERTIFIED MAIL.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 3390 -- Rep. Blackwell: A BILL TO AMEND SECTION 56-1-135, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A SPECIAL DRIVER'S LICENSE ENDORSEMENT FOR A DESIGNATED DRIVER FOR FIRE EXTINGUISHMENT AND TO SAFETY OFFICERS, SO AS TO PROVIDE FOR THE SECTION TO APPLY TO A PAID OR VOLUNTEER FIREFIGHTER AND A FIREFIGHTING VEHICLE, PROVIDE FOR THE PURPOSE OF THE ENDORSEMENT, AND PROVIDE FOR THE APPOINTMENT OF A SAFETY OFFICER BY A POLITICAL SUBDIVISION AND AN UNINCORPORATED COMMUNITY OPERATING A FIRE DEPARTMENT.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 335 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO PRINCIPAL EVALUATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1097, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 336 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO TEACHER INCENTIVE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1062, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3010 -- Reps. Hayes and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 50-21-112 THROUGH 50-21-116 SO AS TO ESTABLISH THE OFFENSE OF BOATING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE A SCHEDULE OF BLOOD ALCOHOL CONTENT THAT GIVES RISE TO PRESUMPTIONS AND INFERENCES OF OPERATING A WATERCRAFT UNDER THE INFLUENCE, TO PROVIDE IMPLIED CONSENT BY OPERATORS OF WATERCRAFT TO TESTING OF BODILY FLUIDS FOR ALCOHOL AND DRUGS, AND TO PROVIDE FOR THE TESTING PROCEDURE AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-110, RELATING TO RECKLESS OPERATION OF WATERCRAFT, SO AS TO DELETE PROVISIONS RELATING TO OPERATING WATERCRAFT WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS AND PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 50-21-150, RELATING TO THE PUNISHMENT FOR OPERATING WATERCRAFT RECKLESSLY OR UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO DELETE THE PROVISION WHICH PROVIDES A PENALTY FOR VIOLATING SECTION 50-21-110.
Ordered for consideration tomorrow.
The following was introduced:
H. 3561 -- Reps. Mattos, M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Manly, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE AMERICAN FEDERAL BANK, BASED IN GREENVILLE, FOR BEING RANKED IN THE TOP 100 COMPANIES IN THE UNITED STATES, FOR THE THIRD CONSECUTIVE YEAR, IN RAISING FUNDS FOR THE ANNUAL MARCH OF DIMES TEAMWALK.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 418 -- Senators Wilson, Shealy and Setzler: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE JEAN TAYLOR MCCREA OF IRMO IN LEXINGTON COUNTY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 419 -- Senator McConnell: A CONCURRENT RESOLUTION TO RECOGNIZE AND COMMEND DR. JOHN E. STEVENS AND THE NORTHSIDE BAPTIST CHURCH IN NORTH CHARLESTON FOR THEIR EFFORTS IN HELPING TO SUPPORT THE AMERICA CARES CAMPAIGN AND THE MILITARY MAIL PROJECT TO UNITED STATES ARMED SERVICES PERSONNEL STATIONED OUTSIDE THE UNITED STATES.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 421 -- Senators Waddell, Mullinax, O'Dell, Macaulay and Passailaigue: A CONCURRENT RESOLUTION TO CONGRATULATE THE CITADEL BULLDOG BASKETBALL TEAM UPON ITS THRILLING 88-87 UPSET VICTORY OVER THE UNIVERSITY OF SOUTH CAROLINA GAMECOCKS ON WEDNESDAY, FEBRUARY 22, 1989.
The Concurrent Resolution was ordered referred to Committee on Education and Public Works.
The Senate sent to the House the following:
S. 422 -- Senators Mitchell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION DIRECTING THE DIVISION OF GENERAL SERVICES TO PLACE, WHERE THE DIVISION CONSIDERS APPROPRIATE, ONE OR MORE PUBLIC WATER FOUNTAINS ON THE STATE HOUSE AND CAPITOL COMPLEX GROUNDS.
The Concurrent Resolution was ordered referred to Committee on Medical, Military, Public and Municipal Affairs.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 3562 -- Reps. Littlejohn, Wells, Cole, Ferguson, Davenport, Bruce, McGinnis and Lanford: A BILL TO AMEND ACT 857 OF 1952, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY BOARD OF EDUCATION, SO AS TO DELETE PROVISIONS WHICH STATE WHEN OFFICERS OF THE BOARD ARE ELECTED.
Referred to Spartanburg Delegation.
H. 3563 -- Reps. Littlejohn, Davenport, Cole, Wells, McGinnis, Ferguson, Lanford and Bruce: A BILL TO AUTHORIZE THE SPARTANBURG COUNTY BOARD OF EDUCATION TO SET SEPARATE TAX LEVIES TO FUND SCHOOL-AGE EDUCATIONAL PROGRAMS WHERE MULTI-DISTRICT AGREEMENTS ARE APPROVED BY LOCAL SCHOOL DISTRICTS.
Referred to Spartanburg Delegation.
H. 3564 -- Reps. Short, Burch and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-5-175 SO AS TO PROVIDE THAT ANY PERSON OR ORGANIZATION AUTHORIZED TO SERVE BEER, WINE, OR ALCOHOLIC LIQUOR FROM BOTTLES LARGER THAN TWO OUNCES, TO GUESTS OR INVITEES WITHOUT THE NECESSITY OF OBTAINING A LICENSE OR PERMIT FROM THE ALCOHOLIC BEVERAGE CONTROL COMMISSION IS IMMUNE FROM LIABILITY RESULTING FROM A GUEST OR INVITEE BECOMING INTOXICATED ABSENT RECKLESSNESS, AND TO PROVIDE THAT THE PERSON OR ORGANIZATION IS CONSIDERED NOT TO HAVE ACTED IN A RECKLESS MANNER IF BARTENDERS EMPLOYED OR ENGAGED BY IT TO SERVE INVITEES OR GUESTS ARE INSTRUCTED NOT TO SERVE INTOXICATED INDIVIDUALS OR PERSONS UNDER THE LEGAL DRINKING AGE.
Referred to Committee on Judiciary.
H. 3565 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 34-29-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LICENSES FOR CONSUMER FINANCE COMPANIES; AND TO AMEND SECTION 37-3-503, RELATING TO SUPERVISED LOAN LICENSES FOR LENDERS UNDER THE PROVISIONS OF THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO RAISE THE MINIMUM STANDARD OF FINANCIAL RESPONSIBILITY FOR APPLICANTS FROM TWENTY-FIVE THOUSAND DOLLARS IN ASSETS TO SEVENTY-FIVE THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry.
H. 3566 -- Reps. Beasley, Hayes and Gregory: A BILL TO AMEND SUBARTICLE 1, ARTICLE 13, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD WELFARE AGENCIES, SO AS TO REVISE THE PROVISIONS REGULATING THESE AGENCIES BY PROVIDING FOR DEFINITIONS, EXCEPTIONS, LICENSING, INSPECTIONS, ADMINISTRATION OF THE PROVISIONS, DUTIES OF THE DEPARTMENT OF SOCIAL SERVICES, THE CHILD WELFARE AGENCY STANDARDS ADVISORY COMMITTEE, ADMINISTRATIVE SANCTIONS, CIVIL ACTIONS, CRIMINAL PROCEEDINGS, CONFIDENTIAL INFORMATION, AND PENALTIES; TO AMEND SECTION 44-1-140, RELATING TO REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, SO AS TO PROVIDE FOR THE ESTABLISHMENT OF HEALTH AND SAFETY STANDARDS FOR FACILITIES OR AGENCIES PROVIDING RESIDENTIAL SERVICES TO CHILDREN; AND TO PROVIDE FOR CAUSES OF ACTION PENDING ON THIS ACT'S EFFECTIVE DATE, FOR THE EFFECT OF REGULATIONS, AND FOR FUNDING.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3567 -- Reps. Boan, McLellan, McElveen, Taylor and Kohn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 31 TO TITLE 56 SO AS TO PROVIDE FOR THE REGULATION OF THE RENTAL OF PRIVATE PASSENGER AUTOMOBILES BY SETTING FORTH PURPOSES, DEFINITIONS, THE CONTENT OF RENTAL AGREEMENTS, THE LIMITATIONS ON THE ADVERTISING, QUOTING, AND CHARGING OF RENTAL RATES, AND PENALTIES.
Referred to Committee on Labor, Commerce and Industry.
H. 3570 -- Rep. Bennett: A BILL TO AMEND SECTION 50-17-366, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SIZE LIMITS ON HARD CLAMS, SO AS TO PROVIDE THAT A CLAM HATCHERY OR MARICULTURE OPERATION MAY POSSESS, PURCHASE, SELL, OR TRANSPLANT SUBLEGAL SIZED CLAMS, WITHOUT LIMITATION, UPON OBTAINING A PERMIT FROM THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Referred to Committee on Agriculture and Natural Resources.
H. 3571 -- Rep. Keyserling: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COFFIN POINT PLANTATION HOMEOWNERS ASSOCIATION, INC., IN BEAUFORT COUNTY.
On motion of Rep. KEYSERLING, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was introduced:
H. 3568 -- Reps. K. Bailey, Bennett, McCain and Felder: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF OLIVER C. DAWSON, A SOUTH CAROLINA COACHING LEGEND, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3569 -- Reps. K. Bailey, Bennett, McCain and Felder: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THADDEUS KINLOCH ("T.K.") BLYTHEWOOD OF ORANGEBURG COUNTY, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
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 Barfield Baxley Beasley Bennett Blackwell Blanding Brown, H. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Cork Davenport Derrick Faber Fair Fant Farr Felder Ferguson Glover Gordon Harris, J. Harris, P. Harvin Harwell Haskins Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Simpson Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Wells Whipper White Wilder Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on February 28, 1989.
Joe E. Brown Robert Hayes, Jr. John B. Williams Roland S. Corning Robert Barber Samuel R. Foster James E. Lockemy Paul Short Dave C. Waldrop Grady Brown Paul M. Burch Larry Gentry Dick Elliott Jack Gregory McKinley Washington, Jr.
LEAVES OF ABSENCE
The SPEAKER granted Reps. SHARPE, MANLY, CORBETT, WAITES, WILKES and HALLMAN a leave of absence for the day.
Announcement was made that Dr. Woodrow Long of Greenville is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
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.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. BAKER having the floor.
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.
Rep. BAKER relinquished the floor.
Rep. HODGES proposed the following Amendment No. 3 (Doc. No. 2157U), which was adopted.
Amend the bill, as and if amended, by striking Section 44-53-1530, as contained in SECTION 1, page 3286-1 on lines 42 through 45, on page 3286-2 on lines 1 through 45, and on page 3286-3 on lines 1 through 15, 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. It is unlawful for any person who is not a practitioner, pharmacist, or veterinarian to knowingly or intentionally prescribe, dispense, deliver, or administer anabolic steroids to a person. 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, or the prescription, dispensation, delivery, or administration of an anabolic steroid to a person by any person who is not a practitioner, pharmacist, or veterinarian, 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 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. HODGES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HAYES moved to adjourn debate upon the following Bill until Wednesday, March 1, which was adopted.
H. 3122 -- Reps. Hayes, Farr, 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. 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. 2, which was proposed on Thursday, February 23, by Rep. CORK.
Rep. CORK explained the amendment.
Reps. FERGUSON, BRUCE, FANT, BLANDING, LITTLEJOHN and KLAPMAN objected to the Bill.
The following Bill was taken up.
H. 3008 -- Rep. Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-230 SO AS TO REQUIRE INSURERS TO NOTIFY IN WRITING ALL HEALTH AND MEDICAL INSURANCE POLICYHOLDERS AND ALL GROUP MEMBERS COVERED BY A GROUP POLICY OF INSURANCE BY THE INSURER OF CHANGES IN COVERAGE BEFORE THE EFFECTIVE DATE OF THE CHANGES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6697k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-230. Insurers writing individual and group policies of medical and health insurance shall notify all policyholders and group members in writing of changes in coverage before the effective date of the changes. This notification is required for changes effective during the contract and for changes which occur at the time of renewal."
SECTION 2. This act takes effect July 1, 1989.
Amend title to conform.
Rep. NEILSON explained the amendment.
The amendment was then adopted.
Reps. CLYBORNE and McLEOD proposed the following Amendment No. 2 (Doc. No. 2063U), which was adopted.
Amend the report of the Committee on Labor, Commerce and Industry, as and if amended, by adding at the end of Section 38-71-230 of the 1976 Code, as contained in SECTION 1, the following:
/An employer whose employees are covered under a group policy of medical or health insurance, the cost of which or a portion of the cost of which is paid or provided by the employer, must notify covered employees in the manner the employer deems appropriate of changes in the coverage before the effective date of the changes. This notification is required for changes effective during the contract and for changes which occur at the time of renewal./
Amend title to conform.
Rep. CLYBORNE explained the amendment.
The an 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. 3041 -- Reps. Wilkins, T.M. Burriss, Wright, Barfield, Short, Taylor, Beasley, McBride, Sharpe, J. Brown, Bruce, Davenport, Tucker, Derrick, Stoddard, Snow, Kohn, J. Rogers, McAbee, J. Harris, Mattos, P. Harris, J.W. Johnson, Winstead, Washington, Klapman, Gregory, Moss, Boan, Carnell, G. Bailey, Koon, McLeod, Barber, White, McKay, McEachin, J.C. Johnson, Huff, Limehouse, Harwell, Waldrop, Waites, Mappus, Wofford and Rama: A BILL TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MUST BE TRAINED BY THE DEPARTMENT; TO REVISE CERTAIN MEMBERSHIP OF THE COUNCIL; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1989, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; AND TO AUTHORIZE THE COUNCIL TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 1984U).
Amend the bill, as and if amended, page 2, subsection (B) of Section 23-23-10, by inserting immediately before /may/ on line 15 of the subsection /, unless specifically stated,/. When amended subsection (B) shall read:
/(B) It is the intent of this article to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this article, and such these minimum standards shall in no way may be deemed considered sufficient or adequate in those cases where higher standards have been adopted or proposed. Nothing herein shall may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the council Council, hereinafter created, nor shall, unless specifically stated, may anything herein be construed to affect any sheriff, constable, or other law enforcement officer elected under the provisions of the Constitution of the this State of South Carolina./
Amend further, page 4, by deleting Section 23-23-30 in its entirety.
Amend further, in Section 23-23-40, by inserting /; and provided, further, that within three working days of employment the Council must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the Council must be provided to the newly hired personnel. If the firearms qualification program approved by the council is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to form any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest/ immediately after /Council/ on line 10 of page 6. When amended Section 23-23-40 shall read:
/Section 23-23-40. No law enforcement officer employed or appointed on or after January 1, 1972 July 1, 1989, by any public law enforcement agency in this State shall be is empowered or authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has, within one year after his date of appointment, successfully completed the minimum basic training requirements established pursuant to this article been certified as qualified by the Council, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the Council; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the Council; and provided, further, that within three working day of employment the Council must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the Council must be provided to the newly hired personnel. If the firearms qualification program approved by the Council is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to successfully complete such basic training requirements secure certification within one year from his date of employment, he shall may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has successfully completed such basic training requirements been certified. He shall is not be eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor shall is he be eligible for any compensation by any law enforcement agency for services performed as an officer; provided, however, that after a lapse of two years following the date of the failure to achieve certification, the head of a local law enforcement agency may petition the council for reinstatement of temporary or probationary employment of such individual, such reinstatement to rest solely with the discretion of the council. The provisions of this article shall not apply to any law enforcement officer appointed prior to January 1, 1972, but the council shall encourage present law enforcement officers throughout the State to qualify themselves for certification by the council. Exceptions to the one-year rule may be granted by the council Council in these cases:
(a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time, or
(b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period, or
(c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Law Enforcement Training Council./
Amend further, page 11, item (h) of Section 23-23-60, by inserting immediately after /officers/ on line 3 of the item /, this training to be completed within each of the various counties which request this training on a regional basis/. When amended, item (h) shall read:
/(h) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties which request this training on a regional basis./
Amend further, Section 23-23-70, page 12, by striking items (a) through (d) and inserting:
(a) Fines or forfeitures up to and including
$200.00 $99.00 $ 6.00
(b) Fines or forfeitures from $201.00 above $99.00 up
to but not and including $500.00 $200.00 10.00 $25.00
(c) Fines or forfeitures from $500.00 above $200.00 up
to but not and including $1,000.00 $500.00 12.00 $50.00
(d) Fines or forfeitures from $1,000.00 or more above
$500.00 up to and including $1,000.00 15.00 $100.00
(e) Fines or forfeitures above $1,000.00 $200.00/;
and by striking /(d)/ on line 22 of page 12 and inserting /(d) (e)/. When amended, Section 23-23-70 shall read:
/Section 23-23-70. Every fine levied on a criminal or traffic violation in this State shall must have sums added to it which must be set apart and used for the council's Council's program of training in the fields of law enforcement and criminal justice, and every bond for violations must have added the same amounts which shall must be set apart on forfeiture for the council's Council's program of training, as follows:
(a) Fines or forfeitures up to and including
$200.00 $99.00 $ 6.00
(b) Fines or forfeitures from $201.00 above $99.00 up
to but not and including $500.00 $200.00 10.00 $25.00
(c) Fines or forfeitures from $500.00 above $200.00 up
to but not and including $1,000.00 $500.00 12.00 $50.00
(d) Fines or forfeitures from $1,000.00 or more above
$500.00 up to and including $1,000.00 15.00 $100.00
(e) Fines or forfeitures above $1,000.00 $200.00/;
In addition to the apportioned amounts set forth in items (a) through (d) (e), twenty-five cents must be added to each fine or forfeiture and be paid over to the South Carolina Law Enforcement Training Council which shall in turn transfer all funds so collected to the South Carolina Law Enforcement Hall of Fame Committee to defray the cost of erecting and maintaining the Hall of Fame. At any time when funds collected pursuant to this paragraph exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the committee, the council Council may retain the surplus for use in its law enforcement training programs.
The additional portion of fines added by this section for training programs and the South Carolina Law Enforcement Hall of Fame Committee must be assessed and collected by the respective courts or law enforcement officers, who are authorized by law to accept bond, and clearly identified as such on the judgment or bond.
Each and every Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making such the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer or county treasurer shall make a computation on the basis of the scales of fines and forfeitures set out heretofore in this article, and this computed sum shall must be forwarded to the State Treasurer on or before the twentieth day of that month. Any incorporated municipality in this State may enter into a mutual agreement with the county in which it is located, to provide for joint collections, computations, and transmittals under such the terms and conditions as the respective bodies may agree; in such these cases, receipts and transmittals required by this article shall must reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all such these monies from the named sources. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and city treasurers, and shall deposit such monies in the account and to the credit of the Law Enforcement Building and Maintenance Fund, advising the Law Enforcement Training Council of such the receipts and deposits for fiscal and administrative purposes.
The amount the above scale provides to be set apart and used for the council's Council's program of training in the fields of law enforcement and criminal justice and for the South Carolina Law Enforcement Hall of Fame shall must be added to and be levied above the fine or forfeiture imposed./
Amend further, subsection (A) of Section 23-23-75, page 14, by striking beginning on the next to last line of the subsection /in Richland County/ and inserting /of the county where the public law enforcement agency is located/. When amended, Section 23-23-75(A) shall read:
/(A) Whenever the Council finds that any public law enforcement agency is in violation of any provisions of this chapter, it may issue an order requiring the public law enforcement agency to comply with the provision, it may bring a civil action for injunctive relief in the appropriate court, or it may bring civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The Council may also invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the Council may appeal the decision to the Court of Common Pleas of the county where the public law enforcement agency is located./
Amend further, subsection (B) of Section 23-23-75, page 14, by adding at the end of the subsection: /When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty./ When amended subsection (B) shall read:
/(B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the Council is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty./
Renumber sections to conform.
Amend title to conform.
Rep. J. BROWN explained the amendment and moved to adjourn debate upon the Bill until Thursday, March 2, which was adopted.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 3062 -- Reps. Kirsh and Mappus: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 53 SO AS TO REQUIRE ALL VEHICLES WHICH TRANSPORT LITTER TO PROVIDE A MEANS OF COVERING THE VEHICLE TO PREVENT LITTER FROM DROPPING, SIFTING, LEAKING, OR OTHERWISE ESCAPING FROM THE VEHICLE AND TO PROVIDE A PENALTY FOR VIOLATION.
H. 3455 -- Rep. Hayes: A BILL TO AMEND SECTION 38-77-730, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUEST FOR ARBITRATION AND THE PROCESS BY WHICH ARBITRATION IS INITIATED UNDER THE PROVISIONS OF ARTICLE 7, CHAPTER 77, TITLE 38, SO AS TO PROVIDE THAT A DEFENDANT RECEIVING A SUMMONS UNDER THE PROVISIONS OF THIS SECTION MAY REFUSE TO ARBITRATE AND PROVIDE THAT IF THE DEFENDANT REFUSES TO ARBITRATE THE PLAINTIFF SHALL BRING THE ACTION IN THE COURT OF COMMON PLEAS, OR ANY INFERIOR COURT HAVING CONCURRENT JURISDICTION; AND TO AMEND SECTION 38-77-770, RELATING TO THE RIGHT TO APPEAL AN ARBITRATION DECISION, SO AS TO DELETE THE REQUIREMENT THAT AN APPEAL MUST BE A TRIAL DE NOVO AND REQUIRE THE APPEAL TO BE TO THE CIRCUIT COURT AND CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF RULES 74 AND 75 OF THE SOUTH CAROLINA RULES OF CIVIL PROCEDURE.
The following Bill was taken up.
H. 3275 -- Reps. Hearn, McBride, T.M. Burriss, T.Rogers, Wells, Cork, Wright, Faber, Waites, J. Bailey and Quinn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-65 SO AS TO PERMIT THE USE IN THIS STATE OF CERTAIN AUTOMATIC FUELING CLIPS ON SELF-SERVICE GASOLINE DISPENSERS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6710k), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 9, Title 23 of the 1976 Code is amended by adding:
"Section 23-9-65. Automatic fueling clips on self-service gasoline dispensers that are allowed to be used under the National Fire Protective Act permitted in the National Fire Protection Association Pamphlet 30A, 1987 Edition, are permitted to be used in this State. The State Fire Marshal shall promulgate regulations necessary to implement the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. HEARN explained the amendment and moved to table the amendment, which was agreed to.
Reps. M.O. ALEXANDER and HEARN proposed the following Amendment No. 2 (Doc. No. 6733k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Chapter 9, Title 23 of the 1976 Code is amended by adding:
"Section 23-9-65. Automatic fueling clips on self-service gasoline dispensers that are allowed to be used under the National Fire Protective Act permitted in the National Fire Protection Association Pamphlet 30A, 1987 Edition, are permitted to be used in this State. The State Fire Marshal Commission shall promulgate regulations necessary to implement the provisions of this section."
SECTION 2. This act takes effect upon approval by the Governor.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. CARNELL moved to adjourn debate upon the following Bill until Wednesday, March 1, which was adopted.
H. 3241 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-15-320, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE WHOLESALERS OR DEALERS, SO AS TO INCREASE THE PENAL AMOUNT OF SURETY BONDS REQUIRED OF THEM FROM FIFTEEN THOUSAND TO FIFTY THOUSAND DOLLARS.
The following Bill was taken up.
H. 3461 -- Reps. Baker and Clyborne: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 22-3-25 SO AS TO EXTEND TO MAGISTRATES JURISDICTION TO CONDUCT SUPPLEMENTAL PROCEEDINGS TO ENFORCE JUDGMENTS OBTAINED IN MAGISTRATES' COURTS.
Rep. HAYES explained the Bill.
Reps. TAYLOR, FANT, KLAPMAN and J. BROWN objected to the Bill.
Rep. HAYES moved to adjourn debate upon the following Bill until Wednesday, March 1, which was adopted.
H. 3036 -- Reps. McElveen, Huff and Wilkins: A BILL TO AMEND SECTIONS 20-1-510 AND 20-1-540, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION TO DETERMINE THE VALIDITY OF MARRIAGE AND ADJUDICATION OF PRESUMED DEATH OF A SPOUSE, SO AS TO PROVIDE THAT THE FAMILY COURT HAS EXCLUSIVE JURISDICTION, INSTEAD OF THE COURT OF COMMON PLEAS, TO HEAR AND DETERMINE ANY ISSUE AFFECTING THE VALIDITY OF A CONTRACT OF MARRIAGE AND IN ACTIONS TO DETERMINE A SPOUSE'S PRESUMED DEATH AFTER AN ABSENCE OF SEVEN YEARS.
On motion of Rep. LITTLEJOHN, with unanimous consent, the following Bills were ordered recalled from the Spartanburg Delegation.
H. 3562 -- Reps. Littlejohn, Wells, Cole, Ferguson, Davenport, Bruce, McGinnis and Lanford: A BILL TO AMEND ACT 857 OF 1952, AS AMENDED, RELATING TO THE SPARTANBURG COUNTY BOARD OF EDUCATION, SO AS TO DELETE PROVISIONS WHICH STATE WHEN OFFICERS OF THE BOARD ARE ELECTED.
H. 3563 -- Reps. Littlejohn, Davenport, Cole, Wells, McGinnis, Ferguson, Lanford and Bruce: A BILL TO AUTHORIZE THE SPARTANBURG COUNTY BOARD OF EDUCATION TO SET SEPARATE TAX LEVIES TO FUND SCHOOL-AGE EDUCATIONAL PROGRAMS WHERE MULTI-DISTRICT AGREEMENTS ARE APPROVED BY LOCAL SCHOOL DISTRICTS.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3085 -- Rep. Townsend: A BILL TO AMEND SECTION 16-11-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF MALICIOUS INJURY TO TELEGRAPH, TELEPHONE, OR ELECTRIC UTILITY SYSTEMS, SO AS TO INCLUDE INJURY TO CABLE TELEVISION SYSTEMS IN THE OFFENSE AND TO PROVIDE A SPECIFIC PENALTY FOR THE OFFENSE.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Concurrent Resolution was taken up.
H. 3477 -- Reps. Blackwell, Farr, Fant, Baker, M.O. Alexander, Mattos, Wilkins, Vaughn and Jaskwhich: A CONCURRENT RESOLUTION MEMORIALIZING CONGRESS AND THE NATIONAL WEATHER SERVICE TO KEEP OPEN THE SERVICE'S OFFICE AT GREENVILLE-SPARTANBURG AIRPORT.
Whereas, there have been strong indications recently that the National Weather Service is going to close its office at the Greenville-Spartanburg Airport; and
Whereas, the Service's office at Greenville-Spartanburg Airport is a crucial office and provides forecasts and severe weather warnings to ten counties in the Upstate of South Carolina; and
Whereas, the service provided by this particular office is vital for emergency planning; and
Whereas, the General Assembly firmly believes that closing the office at Greenville-Spartanburg Airport would be a mistake and would have lasting detrimental effects on the citizens of a very large area of South Carolina. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution memorializes Congress and the National Weather Service to keep open the Service's office at Greenville-Spartanburg Airport.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate; the Speaker of the United States House of Representatives; each member Or this State's congressional delegation; the executive director of the National Weather Service; and to Union County Emergency Preparedness Agency, P.O. Drawer R, Union, South Carolina, 29379.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion Or Rep. KLAPMAN.
Rep. BLACKWELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3561 -- Reps. Mattos, M.O. Alexander, Baker, Blackwell, Clyborne, Fair, Fant, Haskins, Jaskwhich, Manly, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO CONGRATULATE THE AMERICAN FEDERAL BANK, BASED IN GREENVILLE, FOR BEING RANKED IN THE TOP 100 COMPANIES IN THE UNITED STATES, FOR THE THIRD CONSECUTIVE YEAR, IN RAISING FUNDS FOR THE ANNUAL MARCH OF DIMES TEAMWALK.
H. 3568 -- Reps. K. Bailey, Bennett, McCain and Felder: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE GENERAL ASSEMBLY AT THE DEATH OF OLIVER C. DAWSON, A SOUTH CAROLINA COACHING LEGEND, AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
H. 3569 -- Reps. K. Bailey, Bennett, McCain and Felder: A CONCURRENT RESOLUTION EXPRESSING THE SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF THADDEUS KINLOCH ("T.K.") BLYTHEWOOD OF ORANGEBURG COUNTY AND EXTENDING SYMPATHY TO HIS FAMILY AND MANY FRIENDS.
At 12:45 P.M. the House in accordance with the motion of Rep. BLACKWELL adjourned to meet at 10:00 A.M. tomorrow.
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