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:
Eternal God, above us yet seeking to dwell within each of us, take the dimness of our visions away that we may begin this day aware of Your presence in all that we think and say or do. Enable us to hear above all the resolutions, debates and roll calls Your voice speaking within our consciences. Give us clear minds, sound judgments, physical stamina, peaceful hearts and an enduring trust in God. Strengthen our faith, mellow our judgment, deepen our insight, and grant us a portion in the fulfillment of Your mighty plans and purposes.
And to You, O Lord, we give our praise and thanksgiving. 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 were received.
March 28, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1092)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 28, 1989 regulations concerning Water Quality Certification from the South Carolina Department of Health and Environmental Control.
They are hereby referred to the Committee on Agriculture and Natural Resources for consideration.
Sincerely,
Robert J. Sheheen
March 28, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1054)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on March 28, 1989 regulations concerning Classified Waters - Lynches River from the South Carolina 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.
March 28, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1039
House of Representatives
Dear Mrs. McKinney:
The South Carolina Department of Health and Environmental Control is hereby withdrawing and resubmitting regulation 61-68, Water Classifications and Standards which was referred to the Agriculture and Natural Resources Committee.
Sincerely,
Robert J. Sheheen
Received as information.
The following were taken up for immediate consideration and adopted.
March 22, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The Board of Trustees of the Columbia Museum of Art and the SCANA Corporation invite the House to the opening reception for the exhibition, Master Watercolors and Drawings from the Norton Gallery of Art. The date is Tuesday, April 18, 1989 at 8:00 P.M., Columbia Museum of Art, Corner of Senate and Bull Streets.
Heavy hors d'oeuvres will be served by Mr. Jack Brantley. Individual invitations have been prepared and mailed to all members of the General Assembly.
Sincerely,
John A. Warren
March 23, 1989
The Honorable Samuel R. Foster
Chairman, House Invitations Committee
518 Blatt Building
Columbia, S.C. 29211
Dear Rep. Foster:
The South Carolina Association for Counseling and Development extends a cordial invitation to all Representatives and their staff to attend a Legislative Reception to be held at the Radisson Hotel Columbia on April 5, 1989 from 6:00 P.M. until 9:00 P.M. The reception is sponsored jointly by the S.C. Association for Counseling and Development and the S.C. Association for Marital and Family Therapy. If you need any additional information please call me at either 737-7101 (W) or 787-8803 (H).
We look forward to seeing you there.
Sincerely,
Robert S. Allen, Ph.D.
The following was received.
Columbia, S.C., March 28, 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. 531:
S. 531 -- Senator Lindsay: A BILL TO AMEND SECTION 59-53-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CHESTERFIELD-MARLBORO AREA TECHNICAL EDUCATION COMMISSION, SO AS TO CHANGE THE NAME TO THE CHESTERFIELD-MARLBORO TECHNICAL COLLEGE AREA COMMISSION AND PROVIDE THAT THE SUPERINTENDENTS OF THE SCHOOL DISTRICTS OF DILLON COUNTY SHALL SERVE IN ROTATING TERMS AS EX OFFICIO MEMBERS OF THE COMMISSION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 504 -- Fish, Game and Forestry Committee: A BILL TO AMEND CHAPTER 16, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO IMPORTATION OF WILDLIFE, SO AS TO SPECIFY THE SPECIES OR GROUPS OF SPECIES OF NONDOMESTIC ANIMALS WHOSE IMPORTATION IS REGULATED AND WHICH ANIMALS ARE EXEMPT FROM REGULATION.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3084 -- Rep. Sturkie: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 40 SO AS TO ESTABLISH THE BEACH MANAGEMENT TRUST FUND; AND TO AMEND THE 1976 CODE BY ADDING SECTION 12-35-715 SO AS TO PROVIDE AN ADDITIONAL ACCOMMODATIONS TAX IN BEAUFORT, CHARLESTON, COLLETON, GEORGETOWN, AND HORRY COUNTIES AND PROVIDE FOR THE USE OF ITS PROCEEDS.
Rep. KLAPMAN raised the Point of Order that H. 3084 was out of order as it was not in compliance with Rule 4.4.
The SPEAKER, citing Rule 4.4, stated that the original version of the Bill increased the accommodations tax in the last Section. He further stated that the Committee Amendment strikes that section from the Bill and even if the Bill as originally drafted were introduced, it only imposes the taxes and does not appropriate the money and he overruled the Point of Order.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3305 -- Reps. L. Martin, Hendricks and Simpson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-703 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 1 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3417 -- Reps. M.D. Burriss and McCain: A BILL TO AMEND SECTION 50-21-860, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO DELETE THE RESTRICTION ON THE USE OF AIRBOATS ON THE DESIGNATED PORTION OF LAKE MARION AND SANTEE SWAMP DURING THE SEASON FOR HUNTING WATERFOWL.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3499 -- Rep. Snow: A BILL TO AMEND SECTION 48-9-1220, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOMINATION AND ELECTION OF SOIL AND WATER CONSERVATION DISTRICT COMMISSIONERS, SO AS TO REVISE THE DATE WHEN THE NUMBER OF QUALIFIED ELECTORS IN THE DISTRICT IS ASCERTAINED FOR PURPOSES OF DETERMINING WHETHER OR NOT A NOMINATION PETITION CONTAINS A SUFFICIENT NUMBER OF SIGNATURES.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
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.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3532 -- Reps. Sharpe and McCain: A BILL TO AMEND SECTIONS 48-43-10 AND 48-43-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OIL AND GAS EXPLORATION, DRILLING, TRANSPORTATION, AND PRODUCTION, SO AS TO DEFINE "SANITARY LANDFILL" AND TO REGULATE ACTIVITIES RELATING TO WASTE AND ANTIPOLLUTION ACTIVITIES INVOLVING OIL AND GAS AND TO REGULATE ACTIVITIES RELATING TO METHANE GAS IN AND RELATED TO LANDFILLS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 505 -- Fish, Game and Forestry Committee: 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 POSSES, PURCHASE, SELL, OR TRANSPLANT SUBLEGAL SIZED CLAMS, WITHOUT LIMITATION, UPON OBTAINING A PERMIT FROM THE WILDLIFE AND MARINE RESOURCES DEPARTMENT.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 537 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF AGRICULTURE, RELATING TO MILK AND MILK PRODUCTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 997, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3289 -- Reps. Barfield, Corbett and Keegan: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS OF THE UNITED STATES TO TAKE NECESSARY ACTION TO INSURE THAT THE FEDERAL MIGRATORY WATERFOWL REGULATIONS FOR 1989 ALLOW DUCKS AND GEESE TO BE HUNTED THIRTY MINUTES BEFORE SUNRISE DURING OPEN SEASON INSTEAD OF AT SUNRISE AS THE 1988 REGULATIONS PROVIDED.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3471 -- Reps. Keyserling, J. Harris and T. Rogers: A BILL TO AMEND TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING CHAPTER 6 SO AS TO CREATE THE ART IN STATE BUILDINGS PROGRAM WHICH PROVIDES FOR THE ACQUISITION OF WORKS OF ART FOR THE NEWLY CONSTRUCTED OR RENOVATED STATE-OWNED OR LEASED FACILITIES, TO PROVIDE FOR THE EXPENDITURE OF ONE-HALF OF ONE PERCENT OF THE AMOUNT APPROPRIATED FOR ANY STATE PUBLIC CONSTRUCTION OR RENOVATION PROJECT, WITH EXCEPTIONS, TO ALLOCATE FUNDS FOR THE PROGRAM, TO ESTABLISH A PROCEDURE FOR CHOOSING THE WORKS OF ART, PROVIDE FOR EXPENDITURES IN THE PROGRAM, AND ESTABLISH ARTISTS' RIGHTS IN CONNECTION WITH THE PROGRAM.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3510 -- Rep. McLellan: A BILL TO DECLARE THE LEGISLATIVE INTENT WITH RESPECT TO THE IMPLEMENTATION OF ACT 682 OF 1988 ESTABLISHING THE SOUTH CAROLINA RESOURCES AUTHORITY AND AUTHORIZING IT TO ISSUE BONDS WHOSE PROCEEDS WILL BE USED TO MAKE LOANS AND GRANTS AVAILABLE TO LOCAL GOVERNMENTS FOR PROJECTS APPROVED BY THE AUTHORITY; AND TO REAFFIRM ACT 682 OF 1988.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3761 -- Rep. T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-11-48 SO AS TO PROVIDE THAT AN EMPLOYER WHO MAINTAINS A LOCAL RETIREMENT SYSTEM FOR FIREFIGHTERS BEFORE THE DATE OF ADMISSION TO THE POLICE OFFICERS' RETIREMENT SYSTEM MAY REQUIRE ALL ACTIVE MEMBERS AND RETIREES OR THEIR BENEFICIARIES OF THAT LOCAL SYSTEM TO BECOME MEMBERS OR BENEFICIARIES OF THE POLICE OFFICERS RETIREMENT SYSTEM ON THE DATE OF ADMISSION, TO PROVIDE THE REQUIREMENTS WHICH MUST BE FOLLOWED IF THIS OPTION IS EXERCISED, INCLUDING THE PAYMENT OF BENEFITS TO RETIREES AND BENEFICIARIES TRANSFERRED AND TO EXEMPT RETIREES EMPLOYED IN COVERED EMPLOYMENT FROM THE EARNINGS LIMITATIONS WHILE IN THE SAME COVERED EMPLOYMENT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 202 -- Finance Committee: A BILL TO AMEND CHAPTER 54, TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT AND COLLECTION OF TAXES, BY ADDING ARTICLE 5, THE SOUTH CAROLINA TAXPAYERS' BILL OF RIGHTS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 219 -- Finance Committee: A BILL TO AMEND SECTION 12-15-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FILING REQUIREMENTS FOR SOUTH CAROLINA ESTATE TAX RETURNS, SO AS TO INCREASE THE GROSS ESTATE AMOUNT ABOVE WHICH RETURNS MUST BE FILED IN COORDINATION WITH PHASED-IN INCREASES IN THE SPECIFIC EXEMPTIONS FOR ESTATES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3657 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-9-290, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE FOR A MINIMUM WEEKLY PAYMENT OF NOT LESS THAN SEVENTY-FIVE DOLLARS A WEEK, RATHER THAN NOT LESS THAN TWENTY-FIVE DOLLARS A WEEK.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3541 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY, SO AS TO PROVIDE FOR ALL EXISTING INFORMATION TO BE MADE AVAILABLE WITHIN FOURTEEN DAYS AFTER WRITTEN REQUEST, AND TO PROVIDE FOR THE COSTS FOR RECEIVING THE INFORMATION.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 283 -- Senators Peeler and Lee: A BILL TO AMEND SECTION 56-3 660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR CARRIERS, SO AS TO PROVIDE THAT UPON EVIDENCE OF RELIABILITY IN THE PAYMENT OF ITS OBLIGATIONS THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY ACCEPT THE CHECK OF A MOTOR CARRIER COMPANY IN PAYMENT OF APPLICABLE FEES AND ASSESSMENTS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3077 -- Reps. Kirsh and McLellan: A BILL TO REPEAL SECTIONS 12-27-430 AND 12-27-431, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX AND TAX CREDITS ON FUEL ETHANOL BLENDS.
Ordered for consideration tomorrow.
The following was introduced:
H. 3763 -- Rep. McGinnis: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JERRY RICHARDSON OF SPARTANBURG IN SPARTANBURG COUNTY ON BEING AWARDED THE SPARTANBURG AREA CHAMBER OF COMMERCE'S 1989 NEVILLE HOLCOMBE DISTINGUISHED CITIZENSHIP AWARD.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3764 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL'S LADY JACKETS BASKETBALL TEAM UPON WINNING THE 1989 CLASS AAAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 577 -- Senators Waddell, 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, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Williams and Wilson: A CONCURRENT RESOLUTION COMMENDING SYLVIA KENNEY AND VIRGINIA ROBBINS FOR THE OUTSTANDING CARE THEY RENDER TO THE STATE HOUSE GROUNDS AND PARTICULARLY FOR THE BEAUTIFUL FLOWERS THEY HAVE GROWN.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3765 -- Reps. P. Harris, Mattos, J. Harris and Carnell: A BILL TO AMEND SECTION 43-33-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC., SO AS TO PROVIDE THAT FOUR ADDITIONAL MEMBERS MAY BE ELECTED BY THE BOARD.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3766 -- Reps. Nesbitt, Hayes, Kirsh and McGinnis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO PROVIDE ADDITIONAL PENALTIES FOR A STUDENT CONVICTED OF A CRIME WHICH OCCURRED ON SCHOOL GROUNDS DURING WHICH A SCHOOL OFFICER, TEACHER, OR EMPLOYEE WAS INJURED.
Referred to Committee on Judiciary.
H. 3767 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JUBILATION HOUSE, INC., IN HORRY COUNTY.
On motion of Rep. KEEGAN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3768 - Reps. Altman, Keegan and Snow: A BILL TO AMEND ARTICLES 1 AND 3, CHAPTER 25, TITLE 57, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OUTDOOR ADVERTISING, SO AS TO REVISE THE REQUIREMENTS OF THE HIGHWAY ADVERTISING CONTROL ACT BY PROVIDING FOR DEFINITIONS, AUTHORIZED SIGNS, THE ISSUANCE OF PERMITS, ILLEGAL ADVERTISING DEVICES, SIGNS ON RIGHTS-OF-WAY, REMOVAL OF AND COMPENSATION FOR SIGNS, REGULATION BY OTHER AUTHORITIES, EXPENDITURES FOR REMOVAL, VIOLATIONS, AND PENALTIES.
Referred to Committee on Education and Public Works.
H. 3769 -- Reps. Holt, Washington, J. Bailey, Whipper and Barber: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX EXEMPTIONS, SO AS TO EXEMPT THE GROSS PROCEEDS OF THE SALE OF ANY ONE ITEM OF TANGIBLE PERSONAL PROPERTY IN EXCESS OF ONE HUNDRED DOLLARS TO THE STATE, COUNTIES, MUNICIPALITIES, SCHOOL DISTRICTS, AND SPECIAL PURPOSE OR PUBLIC SERVICE DISTRICTS.
Referred to Committee on Ways and Means.
H. 3770 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 12-27-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ETHANOL MOTOR FUEL TAX INCENTIVE, SO AS TO ADD CORN AND ITS BY-PRODUCTS TO THE LIST OF FEED STOCKS IN THE DEFINITION OF FUEL ETHANOL, PROVIDE THAT TO QUALIFY FOR THE INCENTIVE THE PRINCIPAL FEED STOCK FROM WHICH FUEL ETHANOL IS DISTILLED MUST BE GROWN IN THIS STATE, AND TO DELETE THE RECIPROCITY PROVISION WHICH GIVES INCENTIVES TO PRODUCERS OF FUEL ETHANOL PRODUCED OUTSIDE OF THIS STATE.
Without reference.
H. 3771 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 40-65-120, 40-65-130, 40-65-170, AND 40-65-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SOIL CLASSIFIERS, SO AS TO CHANGE QUALIFICATIONS FOR CERTIFICATION, PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION SHALL SIGN EACH CERTIFICATE OF REGISTRATION, AND EXEMPT FROM REGULATION BY THE SOUTH CAROLINA LAND RESOURCES CONSERVATION COMMISSION A PERSON WHO CLASSIFIES SOIL ON THE REAL ESTATE OF HIS EMPLOYER.
Without reference.
H. 3772 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS, ROCKY RIVER, DESIGNATED AS REGULATION DOCUMENT NUMBER 1052, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS; AND TO AMEND TITLE 12, RELATING TO TAXATION BY ADDING CHAPTER 40, SO AS TO PROVIDE FOR A UNIFORM CLASSIFICATION SYSTEM FOR THE COMPENSATION OF COUNTY AUDITORS AND TREASURERS, AND FOR OTHER MATTERS RELATING TO THEIR DUTIES, COMPENSATION, AND BENEFITS.
Referred to Committee on Ways and Means.
H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.
Referred to Committee on Judiciary.
H. 3777 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE INSURANCE DEPARTMENT, RELATING TO LONG-TERM CARE INSURANCE, DESIGNATED AS REGULATION DOCUMENT NUMBER 1071, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3778 -- Reps. Keegan, Elliott and Barfield: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BURGESS ORGANIZATION FOR THE ADVANCEMENT OF YOUNG PEOPLE, INC., IN HORRY COUNTY.
On motion of Rep. ELLIOTT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3779 -- Rep. Farr: A BILL TO AMEND ACT 865 OF 1973, RELATING TO THE BUFFALO WATER AND SEWER DISTRICT, SO AS TO CHANGE THE METHOD OF ELECTING MEMBERS AND TO PROVIDE FOR THE ISSUING OF CERTIFICATES.
On motion of Rep. FARR, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 3780 -- Reps. Corbett, Elliott, Hearn, Manly, Felder, Keegan, McBride, Ferguson, Littlejohn, Baxley, M.O. Alexander, Haskins, Davenport, Wells, McKay, Neilson, Phillips, McGinnis, Baker, Moss, J. Brown, G. Bailey, Wright, Lanford, Huff, R. Brown, Waites, Wofford, Vaughn, J.C. Johnson, J. Rogers and Farr: A BILL TO AMEND SECTION 56-1-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL USE OF AND FRAUDULENT APPLICATIONS FOR A MOTOR VEHICLE DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD, SO AS TO MAKE IT UNLAWFUL FOR A PERSON KNOWINGLY TO ALLOW HIS PERSONAL IDENTIFICATION DOCUMENTS TO BE USED BY ANOTHER FOR THE PURPOSE OF FRAUDULENTLY OBTAINING A DRIVER'S LICENSE OR PERSONAL IDENTIFICATION CARD; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-512, SO AS TO REQUIRE THE DRIVER'S LICENSE OF A PERSON CONVICTED OF VIOLATING SECTION 56-1-510 TO BE SUSPENDED FOR SIX MONTHS AND TO REQUIRE CONVICTIONS TO BE REPORTED TO THE SOUTH CAROLINA DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION.
Referred to Committee on Education and Public Works.
H. 3781 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 40-28-10, 40-28-40, 40-28-80, 40-28-100, 40-28-110, 40-28-120, 40-28-140, 40-28-160, 40-28-170, 40-28-180, 40-28-190, AND 40-28-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO CHANGE THE DEFINITION OF "LANDSCAPE ARCHITECT" AND "LANDSCAPE ARCHITECTURE", TO REQUIRE MEMBERS OF THE COUNCIL APPOINTED BY THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS TO BE REGISTERED LANDSCAPE ARCHITECTS, TO CHANGE REFERENCES TO CERTIFICATES TO CERTIFICATES OR LICENSES, TO CHANGE QUALIFICATION AND EXAMINATION REQUIREMENTS FOR LICENSURE, TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY A PARTNERSHIP OR CORPORATION, TO CHANGE FEES, AND TO CHANGE PENALTY PROVISIONS.
Without reference.
H. 3782 -- Rep. Keyserling: A JOINT RESOLUTION TO PROVIDE FOR THE OBSERVANCE OF THE QUINCENTENNIAL OF COLUMBUS' DISCOVERY OF THE NEW WORLD AND SUBSEQUENT EUROPEAN EXPLORATION AND SETTLEMENT OF SOUTH CAROLINA AND TO ESTABLISH THE COLUMBIAN QUINCENTENNIAL COMMISSION OF SOUTH CAROLINA.
Referred to Committee on Education and Public Works.
The following was introduced:
H. 3775 -- Rep. Kay: A HOUSE RESOLUTION TO COMMEND THE EUPHEMIAN LITERARY SOCIETY OF DUE WEST IN ABBEVILLE COUNTY FOR ONE HUNDRED FIFTY YEARS OF SERVICE.
The Resolution was adopted.
The following was introduced:
H. 3776 -- Rep. Chamblee: A CONCURRENT RESOLUTION TO CONGRATULATE THE WESTSIDE HIGH SCHOOL GIRLS BASKETBALL TEAM OF ANDERSON FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3783 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO GENERAL THOMAS H. ALEXANDER OF BISHOPVILLE IN LEE COUNTY FOR HIS YEARS OF SPLENDID SERVICE IN THE SOUTH CAROLINA ARMY NATIONAL GUARD UPON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM GOOD HEALTH AND SUCCESS IN HIS FUTURE ENDEAVORS.
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 Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Brown, J. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 29, 1989.
B.J. Gordon Tom Limehouse J. McElveen C.L. Sturkie Grady Brown Larry Gentry R.S. Corning James Lockemy Larry Koon Larry Blanding Robert Brown Alex Harvin
STATEMENT OF ATTENDANCE
Reps. TOWNSEND and BAKER signed a statement with the Clerk that they came in after the roll call and were present for the Session on Tuesday, March 28, 1989.
The SPEAKER granted Rep. MOSS a leave of absence for today and tomorrow to attend a Health Care Symposium.
The SPEAKER granted Rep. T.M. BURRISS a leave of absence for the day due to illness.
Announcement was made that Dr. Larry Winn of Easley is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
H. 3167 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.
Reps. WELLS, TOWNSEND, and TUCKER objected to the Bill.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3414 -- Reps. Beasley, Hayes, Fair, P. Harris, J. Harris, Carnell and Mattos: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 7, TITLE 20, SO AS TO PROVIDE FOR THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN BY SETTING FORTH ITS PURPOSES AND PROVIDING FOR COMMISSION MEMBERS, MEETINGS, AN ADVISORY COUNCIL, THE CHILDREN TO BE SERVED, DUTIES AND FUNCTIONS, DIRECTOR AND STAFF EMPLOYMENT, REPORTS TO THE GOVERNOR AND GENERAL ASSEMBLY, AND ADMINISTRATIVE SUPPORT; TO PROVIDE FOR THE INITIAL TERMS OF THE COMMISSION AND ADVISORY COUNCIL; TO REPEAL CHAPTER 83, TITLE 44, RELATING TO THE CONTINUUM OF CARE FOR EMOTIONALLY DISTURBED CHILDREN.
The following Bill was taken up.
H. 3699 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER, OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.
Rep. L. MARTIN explained the Bill.
Rep. HUFF moved to commit the Bill to the Committee on Judiciary, which was agreed to.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 270 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 TO TITLE 16 SO AS TO PROVIDE FOR THE OFFENSES PROMOTING CIVIL DISORDER BY DEFINING TERMS, DETAILING THE OFFENSES, PROVIDING PENALTIES, AND PROVIDING EXCEPTIONS AND TO ADD THE OFFENSES TO THE LIST OF FELONIES IN SECTION 16-1-10.
Rep. NETTLES explained the Bill.
H. 3726 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS, RELATING TO SCOPE OF POWERS GRANTED TO TIER B LAND SURVEYORS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1037, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 71 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA REAL ESTATE COMMISSION FOR SIX YEARS.
H. 3707 -- Rep. Nettles: A BILL TO AMEND SECTION 38-77-590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE AND DESIGNATED PRODUCERS, SO AS TO PROVIDE THAT AN APPLICANT MAINTAINING MULTIPLE OFFICES ON JUNE 4, 1987, IS ENTITLED TO MAINTAIN MULTIPLE LOCATIONS AS A DESIGNATED AGENT FOR EACH LOCATION HE OWNED AND OPERATED AT THAT TIME AND THROUGH WHICH PREMIUMS OF A CERTAIN AMOUNT WERE WRITTEN.
Rep. NETTLES explained the Bill.
S. 67 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS FOR SIX YEARS.
The following Bill was taken up.
H. 3332 -- Reps. Wofford, Haskins, Rama, M.D. Burriss, Mappus, Manly, Quinn, G. Bailey, Moss, Vaughn, Hearn, Wright, Wells, Neilson, Keegan, Bruce, Davenport, Phillips, Corbett, Fair, Littlejohn, Barfield, J. Harris, McGinnis, Winstead and Limehouse: A BILL TO AMEND SECTION 16-1-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIME", SO AS TO INCLUDE ADDITIONAL CRIMES.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2285U), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 16-1-60 of the 1976 Code is amended to read:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder, criminal sexual conduct in the first and second degree, assault and battery with intent to kill, kidnapping, voluntary manslaughter, strong armed robbery, armed robbery, drug trafficking as defined in Section 44-53-370(e), arson in the first degree, burglary in the first degree, and burglary in the second degree under Section 16-11-312(B)."
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.
The following Bill was taken up.
H. 3349 -- Reps. Rudnick and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-295 SO AS TO PROVIDE THAT ANY PERSON DURING THE COMMISSION OF A FELONY WHO IMPERSONATES A LAW ENFORCEMENT OFFICER OR WHO USES EQUIPMENT THAT GIVES THE IMPRESSION THAT HE IS A LAW ENFORCEMENT OFFICER IS GUILTY OF AN ADDITIONAL FELONY AND, UPON CONVICTION, MUST BE SENTENCED TO IMPRISONMENT FOR FIVE YEARS, NO PART OF WHICH IS SUSPENDED AND FOR WHICH PAROLE MUST NOT BE GRANTED FOR ANY PORTION, AND TO PROVIDE THAT THIS SENTENCE MUST NOT BE SERVED CONCURRENTLY WITH ANY OTHER SENTENCE GIVEN THE OFFENDER.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2349U), 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 16-17-721. Notwithstanding the provisions of Section 16-13-290 or 16-17-720, any person during the commission of a felony who impersonates a law enforcement officer or who uses equipment or paraphernalia that gives the impression that he is a law enforcement officer is guilty of a felony and, upon conviction, must be punished in the discretion of the court."
SECTION 2. The felony established in Section 16-17-721 of the 1976 Code is added to the crimes which are classified as felonies pursuant to Section 16-1-10 of the 1976 Code.
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. NETTLES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 255 -- Senator Williams: A BILL TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF BOND FOR PERSONAL REPRESENTATIVES FOR PURPOSES OF THE SOUTH CAROLINA PROBATE CODE, SO AS TO ELIMINATE THE REQUIREMENT THAT A WILL EXPRESSLY WAIVE THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE NAMED IN THE WILL FOR THERE TO BE NO BOND REQUIRED, TO ELIMINATE REDUNDANT LANGUAGE RELATING TO THE BOND REQUIREMENT FOR THE PERSONAL REPRESENTATIVE OF AN INTESTATE ESTATE, TO WAIVE THE REQUIREMENT FOR BOND FOR A RESIDENT PERSONAL REPRESENTATIVE APPOINTED UNDER A WILL UNLESS THE WILL CONTAINS AN EXPRESS REQUIREMENT OF BOND, AND TO GIVE THESE CHANGES RETROACTIVE APPLICATION TO WILLS PROBATED AFTER JULY 12, 1988.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2890U), 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 amended by Section 17 of Act 659 of 1988, is further amended to read:
"Section 62-3-603. Except as otherwise provided in this section, no 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 who is also appointed as the personal representative. 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 containing an express requirement of bond which does not expressly waive the 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. HAYES explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. ROGERS moved to reconsider the vote whereby the following Bill, as amended, was given a second reading, which was agreed to by a division vote of 37 to 22.
H. 3349 -- Reps. Rudnick and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-295 SO AS TO PROVIDE THAT ANY PERSON DURING THE COMMISSION OF A FELONY WHO IMPERSONATES A LAW ENFORCEMENT OFFICER OR WHO USES EQUIPMENT THAT GIVES THE IMPRESSION THAT HE IS A LAW ENFORCEMENT OFFICER IS GUILTY OF AN ADDITIONAL FELONY AND, UPON CONVICTION, MUST BE SENTENCED TO IMPRISONMENT FOR FIVE YEARS, NO PART OF WHICH IS SUSPENDED AND FOR WHICH PAROLE MUST NOT BE GRANTED FOR ANY PORTION, AND TO PROVIDE THAT THIS SENTENCE MUST NOT BE SERVED CONCURRENTLY WITH ANY OTHER SENTENCE GIVEN THE OFFENDER.
Rep. NETTLES explained the Bill.
The Bill was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3722 -- Education and Public Works Committee: A BILL TO AMEND SECTION 56-5-4070, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORIZED LENGTH OF VEHICLES AND TO LIMITATIONS ON VEHICLE COMBINATIONS OPERATED ON INTERSTATE HIGHWAYS, FEDERAL AID HIGHWAYS, AND CERTAIN OTHER HIGHWAYS, SO AS TO REVISE THE PERMISSIBLE LENGTH OF CERTAIN VEHICLES OPERATING IN TWO UNIT COMBINATIONS.
Reps. RUDNICK and SIMPSON objected to the Bill.
Rep. RUDNICK spoke against the Bill.
Reps. B.L. HENDRICKS and MANLY objected to the Bill.
Rep. CORK moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted.
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.
Rep. KLAPMAN moved to adjourn debate upon the following Bill until Tuesday, April 4, which was adopted.
H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
The following Bill was taken up.
S. 400 -- Finance Committee: A BILL TO AMEND SECTION 40-58-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY REQUIREMENTS FOR MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE REQUIRED AMOUNT FOR SECURITY AND BOND REQUIREMENTS FROM FIFTY THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2721U).
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Section 38-45-20 of the 1976 Code, as last amended by Act 314 of 1988, is further amended to read:
"Section 38-45-20. A resident may be licensed as an insurance broker by the commissioner upon if the following requirements being are met:
(1) the resident has been a licensed insurance agent for the same lines of insurance for which he proposes to apply as a broker of this State for at least two years;
(2) the payment of an annual license fee of one hundred dollars which is fully earned when received, not refundable;
(3) the filing of a bond with the commissioner in form approved by the Attorney General in favor of the State of South Carolina in the sum of fifty thousand dollars which has been executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. Until May 1, 1990, the bond may be executed in the amount of ten thousand dollars. The bond must be conditioned to pay any a person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with any insurance law or regulation of this State;
(b) the broker's failure to transmit properly any a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) any an act of fraud committed by the broker in connection with an insurance transaction. In lieu of a bond, the broker may file with the commissioner certificates of deposit in the sum of fifty thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. Until May 1, 1990, these substitute securities may be deposited in the amount of ten thousand dollars. An aggrieved person may institute an action in the county of his residence against the broker or his surety or both to recover on the bond or against the broker to recover from the certificates of deposit and a copy of the summons and complaint in the action must be served on the commissioner, who is not required to be made a party to the action;
(4) the payment to the commissioner, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year, of a broker's premium tax of four percent upon the premiums approved for policies of insurers not licensed in this State. Credit may be given for tax on policies canceled flat within forty-five days of the date of approval as long as the broker certifies to the commissioner that the business was placed in good faith and the policy was canceled at the request of the insured."/
Amend the bill further by adding an appropriately numbered section to read:
/SECTION ____. Section 38-45-30 of the 1976 Code, as last amended by Act 314 of 1988, is further amended to read:
"Section 38-45-30. A nonresident may be licensed as an insurance broker by the commissioner upon if the following requirements being are met:
(1) filing an application on a form prescribed by the commissioner
(2) filing an affidavit stating that he will not during the period of the license place, directly or indirectly, insurance on a risk located in this State except through licensed agents of insurers licensed to do business in this State;
(3) filing an affidavit stating that he is a licensed broker in another state;
(4) the payment of an annual license fee of one hundred dollars which is fully earned when received, not refundable;
(5) the filing of a bond with the commissioner in form approved by the Attorney General in favor of the State of South Carolina in the sum of fifty thousand dollars which has been executed by a corporate surety licensed to transact surety insurance in this State and personally countersigned by a licensed resident agent of the surety. Until May 1, 1990, the bond may be executed in the amount of ten thousand dollars. The bond must be conditioned to pay any person insured or seeking insurance through the broker who sustains loss as a result of:
(a) the broker's violation of or failure to comply with any insurance law or regulation of this State;
(b) the broker's failure to transmit properly any a payment received by him, cash or credit, for transmission to an insurer or an insured; or
(c) any an act of fraud committed by the broker in connection with an insurance transaction.
In lieu of a bond, the broker may file with the commissioner certificates of deposit in the sum of fifty thousand dollars of building and loan associations or federal savings and loan associations located within the State in which deposits are guaranteed by the Federal Savings and Loan Insurance Corporation, not to exceed the amount of insurance, or of banks located within the State in which deposits are guaranteed by the Federal Deposit Insurance Corporation, not to exceed the amount of insurance. Until May 1, 1990, these substitute securities may be deposited in the amount of ten thousand dollars. An aggrieved person may institute an action in the county of his residence against the broker or his surety or both to recover on the bond or against the broker to recover from the certificates of deposit and a copy of the summons and complaint in the action must be served on the commissioner, who is not required to be made a party to the action;
(6) the payment to the commissioner, within thirty days after March thirty-first, June thirtieth, September thirtieth, and December thirty-first of each year, of a broker's premium tax of four percent upon the premiums approved for policies of insurers not licensed in this State. Credit may be given for tax on policies canceled flat within forty-rive days of the date of approval as long as the broker certifies to the commissioner that the business was placed in good faith and the policy was canceled at the request of the insured."/
Renumber sections to conform.
Amend title to conform.
Rep. CORK explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1, Rep. CORK having the floor.
The following Bill was taken up.
H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork, Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS; TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 2816U).
Amend the Bill, as and if amended, in Section 33-49-1030 of the 1976 Code, as contained in SECTION 3, by striking the period at the end of item 13) on line 29 of page 4 and inserting: /, (4) is on vacation and who by virtue of vacation plans will be absent from his county of residence on the scheduled meeting day./; by striking /which/ on line 32 of page 4 and inserting: /not earlier than thirty days prior to nor later than noon three days before the election. The absentee ballot/; by striking /5:00 P.M. of the fourth day/ which begins on line 1 of page 5 and inserting: /noon of the third day/; and by inserting immediately after item (3) on page 6 the following:
/ (4) I am self-employed or retired and by virtue of vacation plans will be absent from my county of residence on the scheduled meeting day.
(5) By virtue of vacation plans will be absent from my county of residence on the scheduled meeting day. This vacation leave has been confirmed by my employer below.
______________________________________
Employer/.
When amended, Section 33-49-1030 of the 1976 Code shall read:
/Section 33-49-1030. The board of trustees shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than two thirds of those members voting thereon at such meetings. Notwithstanding the provisions of Section 33-49-450, two-thirds of the membership of the board of trustees shall first recommend to the membership that the cooperative be dissolved. The proposition that the cooperative be dissolved must be submitted to the membership of the cooperative for a vote at a special meeting of the membership called only for this purpose. The notice for the meeting at which a proposal to dissolve the cooperative is considered shall set forth in its entirety the proposition to be voted upon by the members. The special meeting must be called to order by the president or such other person so designated by the board of trustees at the place set forth in the notice of the meeting. No quorum is required to conduct the business of the special meeting and the presiding officer shall promptly order the balloting on the proposition. A vote by the membership for voluntary dissolution of the cooperative must be by written or machine ballot only. The ballot must state the proposition to be voted upon by the members and must contain two boxes. one marked FOR DISSOLUTION, the other marked AGAINST DISSOLUTION. The ballot must direct that the member place an 'X' in the box indicating his vote on the proposition. Each member is entitled to one vote on the proposition to dissolve the cooperative. Voting on this proposition must be in person only, except that a member who qualifies to vote an absentee ballot under the categories as designated below may vote by absentee ballot. A member may cast an absentee ballot on the proposition of voluntary dissolution of the cooperative if the member:
(1) is serving with the Armed Forces, Merchant Marine, or employed by an organization attached to the Armed Forces and is prevented by his work relating to this service from attendance at the meeting,
(2) is physically disabled so as to prevent his attendance at the meeting,
(3) has his principal residence outside any county in which the cooperative does business.
(4) is on vacation and who by virtue of vacation plans will be absent from his county of residence on the scheduled meeting day.
A member seeking the privilege of voting an absentee ballot must apply to the cooperative in writing for an absente allot not earlier than thirty days prior to nor later than noon three days before the election. The absentee ballot must be promptly forwarded to the member by depositing it in the U.S. Mail to the last know address of the member, together with a form to be completed and signed by the member setting forth and certifying as to his qualification for voting an absentee ballot. The absentee ballot must be sealed in a blank envelope and together with the executed certification of qualification form, inserted into a second envelope bearing the name and account number of the member. The ballot and certification of qualification form, so ensealed. must be returned to the cooperative by mail or otherwise. no later than noon of the third day prior to the date of the special meeting of members. A member receiving an absentee ballot is entitled to cast a vote at the special meeting. However, after delivering an absentee ballot to the cooperative, if the member registers at the meeting or request in writing the withdrawal of his absentee ballot prior to the close of registration on the meeting date, the absentee ballot must be voided and destroyed. At the conclusion of the membership balloting, each absentee ballot, meeting the requirements of this section, or which has not been revoked by registration or written member request must be removed from the envelope containing the member's identification, mixed with the other unmarked envelopes so as to prevent identification of the person casting the vote and added to the count of votes cast at the meeting. The meeting must begin at 7:00 A.M. and adjourn at 7:00 P.M. of the day set for special meeting except that any member who has not cast his ballot and is in the process of voting or is waiting to vote must be allowed to vote. The proposed voluntary dissolution is approved upon affirmative vote of not less than two-thirds of the members of the cooperative. The certificate of qualification for voting an absentee ballot must be in the following form:
I hereby apply for an absentee ballot to vote on the proposition of the voluntary dissolution of the cooperative at the special meeting to be held on the ______________ day of , .
I certify that:
_____ (1) I am serving with the Armed Forces, Merchant Marine, or employed by an organization attached to the Armed Forces and am prevented by my work relating to this service from attending the meeting.
_____ (2) I am physically disabled and am prevented from attending the meeting.
_____ (3) My principal residence is outside any county in which the cooperative does business.
_____ (4) I am self-employed or retired and by virtue of vacation plans will be absent from my county of residence on the scheduled meeting day.
_____ (5) By virtue of vacation plans will be absent from my county of residence on the scheduled meeting day. This vacation leave has been confirmed by my employer below.
______________________________________
Employer/.
The address of my Principal residence is
___________________________________________________________.
My cooperative member account number is
______________________________________
Signature
Unless otherwise provided for in its Articles of Incorporation, Bylaws, or by this chapter, the board shall not less than ten days prior to any election, and policies and procedures for the conduct of the election./
Amend title to conform.
Rep. LIMEHOUSE explained the amendment and moved to table the amendment.
Rep. WINSTEAD inquired whether or not it would be proper to adjourn debate until a certain time until all of the amendments could be combined.
The SPEAKER stated that you cannot adjourn debate on Special Orders.
Rep. LIMEHOUSE withdrew the motion to table the amendment.
Rep. R. BROWN moved that the House recede for fifteen minutes, which was rejected by a division vote of 14 to 83.
Rep. L. MARTIN moved to adjourn debate upon the amendment, which was adopted.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 2 (Doc. No. 2903U).
Amend the bill, as and if amended, by striking Section 33-49-440 of the 1976 Code, as contained in SECTION 1, page 1, lines 1 through 11, and inserting:
/Section 33-49-440. Each member shall be is entitled to one vote on each matter submitted to a vote at a meeting. Voting shall must be in person but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail they shall also The bylaws shall must prescribe reasonable conditions under which proxy or mail voting shall may be exercises. In any event no person shall vote as proxy for more than three members at any meeting of the members./
Amend further by striking Section 33-49-1030 of the 1976 Code, as contained in SECTION 3, pages 3, 4, 5, and 6, and inserting:
/Section 33-49-1030. The board of trustees shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than two thirds of these members voting thereon at such meeting. Notwithstanding the provisions of Section 33-49-450, two-thirds of the membership of the board of trustees first shall recommend to the membership that the cooperative be dissolved. The proposition that the cooperative be dissolved must be submitted to the membership of the cooperative for a vote at a special meeting of the membership called only for this purpose. The notice for the meeting at which a proposal to dissolve the cooperative is considered must set forth in its entirety the proposition to be voted upon by the members. The special meeting must be called to order by the president or such other person so designated by the board of trustees at the place set forth in the notice of the meeting. No quorum is required to conduct the business of the special meeting and the presiding officer shall promptly order the balloting on the proposition. A vote by the membership for voluntary dissolution of the cooperative must be by written or machine ballot only. The ballot must state the proposition to be voted upon by members and must contain two boxes. one marked FOR DISSOLUTION, the other marked AGAINST DISSOLUTION. The ballot must direct that the member place an "X" in the box indicating his vote on the proposition. Each member is entitled to one vote on the proposition to dissolve the cooperative. Voting on this proposition must be in person or by mail as provided in Section 33-49-440. The meeting must begin at 7:00 a.m. and adjourn at 7:00 p.m. of the day set for the special meeting except that any member who has not cast his ballot and is in the process of voting or is waiting to vote must be allowed to vote. The proposed voluntary dissolution is approved upon affirmative vote of not less than two-thirds of the members of the cooperative.
Unless otherwise provided for in its Articles of Incorporation, bylaws, or by this chapter, the board shall, not less than ten days prior to any election, adopt policies and procedures for the conduct of the election./
Amend title to conform.
Rep. L. MARTIN moved to adjourn debate upon the amendment.
Rep. LIMEHOUSE moved to table the motion, which was not agreed to by a division vote of 6 to 70.
The question then recurred to the motion to adjourn debate, which was agreed to.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 3 (Doc. No. 2906U).
Amend the bill, as and if amended, by striking Section 33-49-1030 of the 1976 Code, as contained in SECTION 3, pages 3, 4, 5, and 6, and inserting:
/Section 33-49-1030. The board of trustees shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperation be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than two thirds of these members voting thereon at such meeting. Two-thirds of the membership of the board of trustees first shall recommend to the membership that the cooperative be dissolved. The proposition that the cooperative be dissolved must be submitted to the membership of the cooperative for a vote at a special meeting of the membership called only for this purpose. The notice for the meeting at which a proposal to dissolve the cooperative is considered must set forth in its entirety the proposition to be voted upon by the members. The special meeting must be called to order by the president or such other person so designated by the board of trustees at the place set forth in the notice of the meeting. No quorum is required to conduct the business of the special meeting and the presiding officer shall promptly order the balloting on the proposition. A vote by the membership for voluntary dissolution of the cooperative must be by written or machine ballot only. The ballot must state the proposition to be voted upon by members and must contain two boxes, one marked FOR DISSOLUTION, the other marked AGAINST DISSOLUTION. The ballot must direct that the member place an "X" in the box indicating his vote on the proposition. Each member is entitled to one vote on the proposition to dissolve the cooperative. Voting on this proposition must be in person or by mail as provided in Section 33-49-440. The meeting must begin at 7:00 a.m. and adjourn at 7:00 p.m. of the day set for the special meeting except that any member who has not cast his ballot and is in the process of voting or is waiting to vote must be allowed to vote. The proposed voluntary dissolution is approved upon affirmative vote of not less than two-thirds of the members of the cooperative.
Unless otherwise provided for in its Articles of Incorporation, bylaws, or by this chapter, the board shall, not less than ten days prior to any election, adopt policies and procedures for the conduct of the election./
Amend title to conform.
Rep. L. MARTIN moved to adjourn debate upon the amendment, which was adopted.
Rep. J. ROGERS proposed the following Amendment No. 5 (Doc. No. 3010U).
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 33-49-440 of the 1976 Code is amended to read:
"Section 33-49-440. Each member shall be is entitled to one vote on each matter submitted to a vote at a meeting. Voting shall must be in person but, if the bylaws so provide, may also may be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail they shall also must prescribe the conditions under which proxy or mail voting shall may be exercised. In any event no A person shall may not vote as proxy unless he is a member of the cooperative and may not vote as proxy for more than three members at any a meeting of the members."
SECTION 2. Section 33-49-610 of the 1976 Code is amended to read:
"Section 33-49-610. (A) The business and affairs of a cooperative shall must be managed by a board of not less than five trustees, each of whom shall must be a member of the cooperative or of another cooperative which shall be is a member thereof of the cooperative. The bylaws shall must prescribe the number of trustees, their qualifications, other than those provided for in this chapter, and the manner of holding meetings of the board or trustees, and of the election of successors to trustees who shall resign, die or otherwise be incapable of acting the filling of vacancies on the board.
(B) The bylaws may also may provide for the removal of trustees from office and for the election of their successors as follows:
(1) (a) A temporary suspension of a trustee for cause may occur upon the affirmative vote of at least two-thirds of the members of the board until the next annual or special meeting. At that meeting the membership may remove the suspended trustee for cause from the board by an affirmative vote of a majority of the members present and voting. In the event the membership refuses to vote to remove the trustee, he must be reinstated immediately with all the powers of his office and continue to serve for the remainder of his elected term.
(b) 'Cause' for removal of a trustee under this section means fraudulent or dishonest acts, or gross abuse of authority in the discharge of duties to the cooperative, and must be established after written notice of specific charges and opportunity to meet and refute charges.
(2) A successor may be elected as provided by the bylaws of the cooperative.
This subsection does not apply to a cooperative when a majority of its members are other cooperatives. Cooperatives which are excluded from the removal provisions of this subsection may provide any terms and conditions for removal of trustees as may be authorized in their bylaws.
(C) If a husband and wife hold a joint membership in a cooperative, either one, but not both, may be elected a trustee.
(D) The board of trustees may exercise all of the powers of a cooperative except such as are those powers conferred upon the members by this chapter or, its articles of incorporation, or bylaws."
SECTION 3. Section 33-49-1030 of the 1976 Code is amended to read:
"Section 33-49-1030. The board of trustees shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than two thirds of those members voting thereon at such meeting. Notwithstanding the provisions of Section 33-49-450, two-thirds of the membership of the board of trustees shall first recommend to the membership that the cooperative be dissolved. The proposition that the cooperative be dissolved must be submitted to the membership of the cooperative for a vote at a special meeting of the membership called only for this purpose and held on Saturday. Locations for the special meeting must be set up in every county in which the cooperative provides service. The notice for the meeting at which a proposal to dissolve the cooperative is considered shall set forth:
(1) a detailed proposition for dissolution:
(2) the Plan for sale and distribution of assets:
(3) the plan for the continuance of service: and
(4) the locations of the meeting.
The special meeting must be called to order by the president or his designee at each of the locations set forth the notice. No quorum is required to conduct the business of the special meeting and the presiding officer shall promptly order the balloting on the proposition. A vote by the membership for voluntary dissolution of the cooperative must be by written or machine ballot only. The ballot must state the proposition to be voted upon by the members and must contain two boxes, one marked FOR DISSOLUTION, and the other marked AGAINST DISSOLUTION. The ballot must direct that the member place an 'X' in the box indicating his vote on the proposition. Each member is entitled to one vote on the Proposition to dissolve the cooperative. Voting on this proposition must be in person only, except that a member who qualifies to vote an absentee ballot under the categories as designated below may vote by absentee ballot. A member may cast an absentee ballot on the proposition of voluntary dissolution of the cooperative if the member:
(1) is serving with the Armed Forces, Merchant Marine of the United States, or is a spouse or dependent, residing with that person;
(2) is serving in the Red Cross or with the United Service Organizations, who are attached to and serving with the Armed Forces of the United States, or is a spouse or a dependent residing with that Person;
(3) is physically disabled so as to prevent his attendance at the meeting;
(4) has his principal residence outside any county in which the cooperative does business;
(5) is attending sick or physically disabled persons;
(6) is self-employed or unemployed and by virtue of vacation plans will be absent from his county of residence on the scheduled meeting day; or
(7) by virtue of vacation plans, will be absent from his county of residence on the scheduled meeting day and the vacation leave having been confirmed by his employer below.
A member seeking the privilege of voting an absentee ballot must apply to the cooperative in writing for an absentee ballot within thirty days of the date for submission of the absentee ballot as provided herein. The absentee ballot must be promptly forwarded to the member by depositing it in the United States mail to the last known address of the member, together with a form to be completed and signed by the member setting forth and certifying as to his qualification for voting an absentee ballot. The absentee ballot must be sealed in a blank envelope and together with the executed certification of qualification form, inserted into a second envelope bearing the name and account number of the member. The ballot and certification of qualification form, so ensealed, must be returned to the cooperative by mail or otherwise, no later than twelve noon of the day prior to the date of the special meeting of members. A member receiving an absentee ballot is entitled to cast a vote at the special meeting. However, after delivering an absentee ballot to the cooperative, if the member registers at the meeting or requests in writing the withdrawal of his absentee ballot prior the close of registration on the meeting date, the absentee ballot must be voided and destroyed. At the conclusion of the membership balloting, each absentee ballot meeting the requirements of this section or which has not been revoked by registration or written member request must be removed from the envelope containing the member's identification, mixed with the other unmarked envelopes so as to prevent identification of the person casting the vote and added to the count of votes cast at the meeting. The meeting must begin at seven a.m. and adjourn at seven p.m. of the day set for special meeting except that any member who has not cast his ballot and is in the process of voting or is waiting to vote must be allowed to vote. The proposed voluntary dissolution is approved upon affirmative vote of not less than two-thirds of the members of the cooperative. The certificate of qualification for voting an absentee ballot must be in the following form:
I hereby apply for an absentee ballot to vote on the proposition of the voluntary dissolution of the cooperative at the special meeting to be held on the ____________________ day of , .
I certifY that:
_____ (1) I am serving with the Armed Forces, Merchant Marine of the United States, and am prevented by my work relating to this service from attending the meeting, or I am a spouse or dependent, who resides with a person so serving.
_____ (2) I am serving with the Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, or I am a spouse or dependent who resides with a person so serving.
_____ (3) I am physically disabled and am prevented from attending the meeting.
_____ (4) My principal residence is outside any county in which the cooperative does business.
The address of my principal residence is
___________________________________________________________.
_____ (5) I am attending a sick or physically disabled person.
_____ (6) I am self-employed or unemployed and by virtue of vacation plans will be absent from my county of residence on the scheduled meeting day.
_____ (7) By virtue of vacation plans I will be absent from my county of residence on the scheduled meeting day. This vacation leave has been confirmed by my employer below.
______________________________________
Employer
My cooperative member account number is
______________________________________
Signature
Unless otherwise provided for in its Articles of Incorporation, Bylaws, or by this chapter, the board shall, not less than ten days prior to any election, adopt policies and procedures for the conduct of the election."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. J. ROGERS explained the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. FELDER spoke in favor of the amendment.
Rep. FELDER continued speaking.
Rep. FELDER continued speaking.
Rep. McCAIN moved that the House recede for fifteen minutes, which was rejected by a division vote of 7 to 83.
Rep. McCAIN spoke against the amendment.
Rep. LIMEHOUSE moved that upon the completion of the Joint Assembly, that the House recede for one hour, which was rejected by a division vote of 17 to 51.
Rep. HASKINS moved that upon the completion of the Joint Assembly, that the House recede for one and a half hours, which was adopted.
Rep. McCAIN continued speaking.
Rep. L. MARTIN moved that the House stand at ease until the Joint Assembly, which was adopted.
Further proceedings were interrupted by the House standing at ease until the Joint Assembly, the pending question being consideration of Amendment No. 5.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the House read the following Concurrent Resolution:
H. 3291 -- Invitations and Memorial Resolutions Committee: A CONCURRENT RESOLUTION INVITING THE HONORABLE H.F. (SPARKY) GIERKE OF NORTH DAKOTA, NATIONAL COMMANDER OF THE AMERICAN LEGION, TO ADDRESS THE GENERAL ASSEMBLY IN JOINT SESSION AT 12:00 NOON ON WEDNESDAY, MARCH 29, 1989.
Mr. H.F. (Sparky) Gierke, National Commander of the American Legion, and distinguished party were escorted to the rostrum by Senators Patterson, Hinson and Wilson and Reps. NESBITT, KEEGAN and G. BROWN.
Reps. M.J. COOPER, JAMES E. LOCKEMY and SAMUEL R. FOSTER presented the South Carolina Medal of Honor Recipients as follows:
Major General George Mabry
Colonel Charles Murray
Chief Warrant Officer Donald Truesdell
The following South Carolina Medal of Honor Recipients could not be here today:
Michael J. Thornton
Thomas Atkins
Francis Currey
Harold Wilson
J. Elliott Williams
Webster Anderson
Lt. Governor Theodore introduced our distinguished guest as follows:
"At this time, it gives me a great deal of pleasure to introduce to you the National Commander of the American Legion, H.F. 'Sparky' Gierke, III. 'Sparky' is a familiar name here in South Carolina recently, Mr. Commander. We're delighted to have you in our midst of this Joint Session of the General Assembly. Last week we recognized the Chief Justice of our Supreme Court and of course, each year we ask and are honored to have the National Commander of the American Legion to speak to us. At this particular session today, we have one individual that represents both of those outstanding Bodies, the National Commander of the American Legion and a member of the North Dakota Supreme Court. 'Sparky' Gierke is the first Vietnam veteran to serve as the head of our nation's largest veterans' organization. He's an individual who served four years in the U.S. Army's Judge Advocate Corp and also served as a Military Trial Judge in Vietnam. Upon completion of his military service, 'Sparky' opened up his law practice and later became the County Attorney, as well as the City Attorney of his respective areas in North Dakota. He is an individual who apparently understands the role of government, having been appointed to the North Dakota Supreme Court in 1983, and re-elected in 1984 and re-elected again in 1986. Some of us might like to talk to you about some of that success that you have enjoyed, Mr. Commander. He is married to Judith Olin Olson. They have three sons and a daughter. Like many of you here today, by reading his resume it is easy to detect that he is an individual who believes in serving his fellow man. He has served as president of the North Dakota Bar Association and many other service and civic organizations. Truly, he is an individual who believes that service to humanity is the best work of life. I present to you, the National Commander of the American Legion Organization, H.F. 'Sparky' Gierke, III".
The Honorable H.F. 'Sparky' Gierke addressed the Joint Assembly as follows:
"Thank you very much Lt. Governor, Mr. Speaker, members of the Senate and House of Representatives, my National President Alice Goka, State President Mary McPhail, National Executive Committeemen, Roy Stone, past National Commander, ladies and gentlemen...It is indeed a pleasure for me to be here today. I want you to know that I consider it a high personal honor and a distinct privilege to appear before such an esteemed Body of legislators. My trip to South Carolina this time was even more special than some in the past because of this particular occasion, I had the opportunity to come to Columbia and the significance of that is that a good friend of mine with whom I served in Vietnam, is a practicing attorney here, a fellow by the name of Joel Collins, and last night I saw him for the first time in 19 years dating back to 1970 when we served in Vietnam together. It was indeed a pleasure. I have to tell you a little something about some correspondence he sent to me recently. It indicates that he has not given me any additional respect over the years. He sent a picture of us in our office at Vietnam and he said we could see that your leadership abilities were already coming forth because everybody's attention was to what you were saying. That was nice, but then he pointed out that he had a fly swatter in his hand, and he indicated that it was to swat the flies that might be attracted by what I was saying. There is no more difficult job in my opinion, and no more important responsibility than to serve as a representative of the people. I appreciate all that you do, more than you could know. Without the efforts of some of South Carolina's finest citizens like Department Commander Gerald Simpson, Department Adjutants, past National Vice Commander B.L. Black, Commissioner Roy Stone, Jr., Dean of the National Executive Committee of the American Legion and a past National Commander,my visit here today would not be possible. These men are friends not just to the American Legion and American Veterans, but to all citizens of this great state. Because of men like these we can all look to the future with a sense of pride and accomplishment. They and the many Legioners of South Carolina have helped to make this state and the nation a better place to live for all of us. I want to take a moment to recognize a special group of women in this room. Gold Star Mothers here today represent those women who still feel the pain of losing a son or daughter during combat. Their sacrifices have touched the hearts of millions of Americans, and their education to the freedoms we share second to none. They are true patriots and defenders of freedom and democracy and I for one deeply appreciate the Gold Star Mothers service to this nation. Recently, I had the opportunity to visit with the Gold Star Mother for Middletown Pennsylvania, a lady by the name of Geraldine Shield. Our conversation dealt with the Chicago Art Exhibit flag controversy. What she had to say brings home loudly and clearly the offense which we as Legioners took to that exhibit. She indicated to me that at her son's funeral, her son was killed in Vietnam, that in order to comfort her the minister had indicated to her that any time she saw the flag which had been presented to her at her son's funeral, that when she looked at that flag, she would be able to look at it with pride and see her son. And she said ever since that time I have been able to look at that flag with pride and I have been able to see my son, and when those people walked on the flag it was like they were walking on my son. It hurt me very deeply. Indeed I think that speaks to that issue for all of us. And certainly I would like to also recognize the distinguished Congressional Medal of Honor Recipients, including their President, Mr. Murray. Colonel Murray was introduced here earlier. Certainly, there is no group of Americans who have given more to their country than they have and at the Inaugural Ball in Washington, D.C., when I introduced President George Bush to over 150 of the Congressional Medal of Honor Recipients, including Colonel Murray, I indicated to the President that in my judgment, he would never speak to a finer audience of Americans. Ladies and gentlemen, the issues facing America's veterans, not only affect the future of America, but you here in South Carolina as well. This is not a time to sit quietly and wait for someone else to take the lead. It's time for action. With that in mind, I wanted to put to good use the time you have so generously made available to me today. My presence before you is testimony to the fact that the members of the American Legion of the Department of South Carolina need you. Like millions of legionnaires around the country, our members here want to work with you on the issues that affect not only South Carolina's veteran population, but all of the citizens of this great state. Legionnaires and auxiliary members in South Carolina are among the best informed and most concerned citizens in this country. That is reflected by the countless hours they volunteer to help others. By their involvement in community activities and their zeal to exercise the most fundamental of all the rights and obligations of American citizenship, the casting of a ballot. In South Carolina there are some 351,000 veterans. Veterans Affairs in South Carolina is big business. Annually, millions of dollars are spent to support veterans and veterans' programs throughout the state. Incidently, you in South Carolina have one of the best service officer systems in the country under the direction of Bill Sams. Currently, there are 43 states with 56 established state veterans' nursing homes. In addition to these, the Department of Veterans Affairs is reviewing applications for an additional 13 state veterans' nursing homes to care for the increasing aging veterans' population. Your state has taken the lead in taking care of the aging veterans. You should be proud of the fact that in Columbia there is a 150 bed nursing home and a 220 bed facility is under construction near Anderson. These are examples of the dedication to the aging veterans in South Carolina, Your work is important because the problems facing veterans are on the rise. Each year, more and more veterans reach the age where medical care becomes a great concern and many are mentally incapacitated because of age. These veterans find themselves unable to provide the necessary medical care they need through insurance or personal finances. The Veterans' Medical Care System is their only avenue in seeking proper medical care and we are now struggling with the Department of Veterans' Affairs in Washington to keep your two VA hospitals and their satellite out-patient facilities alive and giving quality care. By the year 2000, South Carolina will be home to some 122,000 veterans over 65. That's an increase of 59 percent in just 10 years. These men and women will need your help. Now is the time to plan for facilities and financial support that these veterans will need in the future. The reality of an aging veteran is upon us. Your action in 1989 will prevent the necessity of chaotic reaction a decade from now. I'd like to point out that without these two veterans' hospitals and numerous clinics, nursing homes and domiciliaries, the veterans of South Carolina who cannot provide for their own health care would need to be cared for from other sources. This care will come from South Carolina's public hospitals and staffs, who are already under severe strains. What you do now will guarantee a healthier future for the veterans of South Carolina. The American Legion has worked long and hard to ensure a brighter future for all of America's veterans. Last year, we saw our 22 year battle to establish the Department of Veterans Affairs succeed and this month that department became a reality when the first Secretary of Veterans Affairs, Edward Dirwinski, began his critical task, that of representing the nation's veterans at the highest level of our government. I was privileged to be present at the White House on March 15, 1989, when Secretary Dirwinski took his oath of office. We are very encouraged by the reputation that the Secretary enjoys by those among those that he served with in Congress, as well as the fact that he is a 42 year member of the American Legion. We are looking forward to a good working relationship with Secretary Dirwinski. The future of South Carolina's veterans and their benefits is a part of the future of all of us in this room. Each and everyone of us has an important responsibility in helping to determine what path this nation will take into the future. The citizens of this great state and the nation are counting on you and your fellow legislators across the country. As we enter the 1990's, you'll begin to see a greater need for nursing home facilities. Fortunately, for the veterans of South Carolina, you have already looked to the future. You have already taken steps along that course. State and federal funding for nursing homes will help reduce the strain on individual veterans and other citizens' needs. You have demonstrated you are a friend to the veterans of South Carolina. The nearly 3 million members of the American Legion will continue to work with you and other state legislators to ensure a brighter future for aging veterans. But, our work does not end there. The American Legion is involved in all facets of life in America and in every city and town from coast to coast and border to border, we are working to make America strong, to make America safe, and to make sure that America remains the greatest nation on the face of this earth. In communities throughout South Carolina, legionnaires continue to dedicate themselves to making America even better. Through educational programs in the schools, our volunteers know the importance of their work and they constantly strive to improve our programs for the betterment of all citizens. I want to congratulate Governor Campbell and this Body for the great progress made in the area of education in the last three years. The freedoms we've fought for can be lost in the classroom. The history of this great nation should be a part of the curriculum for all students. Every year the nation's school systems hold American Education Week. This recognition of educational concern is a creation of legion mandates. Each and every American Legion Post in this State is willing and able to cooperate in this matter. The American Legion is dedicated to communities and to the nation, a dedication that takes many forms. The Legion is an organization looking to the future, a future to be lived by the children of America. It is for that future, their future, American Legion programs involving the children and youth of South Carolina are so important today. In looking to the future of America, I see the faces of millions of America's children. These children are the children of men and women like myself, Vietnam era veterans. My children and millions like them are taking advantage of the opportunities to grow and learn through the programs of American Legion. These include the children of South Carolina. Each year, more than 700 young men participate in the South Carolina's Boys' State Program. Providing first hand experience in the operation of South Carolina's government, of course, the American Legion Auxiliary has a similar Girls' State Program. The American Legion Department of South Carolina also sponsors Boy Scout Units and more than 42 American legion baseball teams. We also sponsor a high school oratorical contest, where a $120,000 in scholarships are awarded each year with the top scholarship of $18,000, and this is nationally, now you understand. Subject matter of that oratorical contest is perhaps the greatest document, certainly one of the greatest documents ever written, our United States Constitution, which has stood the test of time for over 200 years. These programs instill a sense of leadership and responsibility in the young people who participate. The children and youth of South Carolina, along with their peers around the nation are the future of America. For that reason, we place a special emphasis on educating and protecting them. We develop educational programs to help our children deal with the problems facing them. We have a children and youth program where we distribute pamphlets into the schools and try to instruct the children of our nation on such pitfalls as child abduction. We try to assist in making it more easy to get children back if they are abducted under our missing children program. We try to acquaint them and parents with the pitfalls of teenage suicide and the warning signs. And certainly, we work very, very hard on the drug abuse program telling kids to say no to drugs. If you stop to think about it and look at what we read in the paper, where people with God given talents that any of us would like to have and multi-million dollar salaries such as Lawrence Taylor, Dwight Gooden, and others that are in that same area, where they fall prey to drugs, it is little wonder that some down and out kids who don't have that kind of future or those God given talents may also. We are very proud or the work that we are doing to steer our children away from drugs and into our very worthy programs of the American Legion. The future of America is in the hands or the children, but without freedom there is no future. Members of the American Legion are constantly seeking ways to maintain the freedoms and rights we all enjoy as Americans. While some of you may not see these freedoms as being threatened, we believe that they are. We see the struggles of Central America as a direct threat to the security and peace of America. Unlike many other areas of the world, where communism and marxism are taking hold, Central America is in our own back yard. The threat is real and because the threat is real, the American Legion continues to maintain a watchful eye on that region. The last four American Legion National Commanders have discussed this issue with you. In the past five years the American Legion has focused a great deal of attention on Central America. We have called for a program which was developed by the late Senator 'Scoop' Jackson of economic development in this area. We have warned the American people that aliens will be forced to come and attempt to cross our Southern boundary. Now today, we find that camps are being set up for those who have been caught, but many slipped through. Not too long ago, I was being briefed by a number of government officials and one of them was from the immigration and naturalization service. And I confronted this gentlemen and asked him if the figures of 1,000 Nicaraguans coming into this country daily, illegally, if that was an accurate figure. He said I wish I could tell you that it was not, but it probably is. We are apprehending about 250 per day and we feel we are only catching about one-fourth or one-fifth of that. So I think that points up that the problem is indeed real. Many of you know what has happened in Florida, Texas and California. Some control must be worked out or this will be a problem even here in your own state. Again, we are placing this as one of our priorities of one of our eternal security legislation before Congress. If bi-partisan effort is required to address the concerns surrounding Central America, recent vote for humanitarian aid to Contras is a step in the right direction. This nation cannot afford to be divided on the issues of freedom and democracy in the western hemisphere. I have recently had the opportunity to visit Central America on several occasions. The most recent was just a few short weeks ago. What I have seen with my own eyes disturbs me. I have seen the effects of the people fleeing oppression because they are unable to seek freedom through the democratic process. I have seen the destruction of war and what it has done to the children, the future of that region. I have seen the threat to our national security through increased Soviet presence in Central America. Just a few weeks ago, Central American leaders signed an agreement designed to bring peace and free elections to Nicaragua. The American Legion has seen these types of agreements before and we have seen them fail. Our hope is that the freedom seeking people of Central America will realize their dream of freedom and democracy. For the time being, we must wait to see if a long chain of disappointments will be broken and only time will tell. I don't need to tell you that without adequate national security, without a society free from threats and tyranny, all of the solid community programs of the American Legion and all of the efforts of lawmakers like yourselves to make South Carolina a great place to live will be without real meaning. South Carolina's veterans know what it means to sacrifice. They have served our nation with pride and honor and continue to serve today. There is one overriding concern that I want you to remember from my visit here today, remember that veterans know the cost of freedom, we surely know that freedom is not free. South Carolina, being one of the 13 original states, has a great history of protecting your freedom and the freedom of this country. For more that 200 years, your veteran population has known what it means to sacrifice for this freedom. The Federal Government is charged with our national security. It is charged with our foreign relations, but the matter of education with our youth with proper curriculum remains the charge of the state and school district within local communities. As I said before, our freedom can be lost in the classroom and again, we admire the great emphasis that you members of the South Carolina Legislature are giving to this area of government concern. Let me assure you that the nearly 3 million members of American Legion will continue programs of service to the nation. We will continue to seek peace through strength and to educate our children in hopes of a better tomorrow. Working together we will make a difference. In South Carolina and across the America, working together to ensure a better future for all citizens, we will make a difference in veterans' affairs, children and youth activities in communities throughout South Carolina. The future of America's veterans rests in your hands. The American Legion stands ready to work with the South Carolina State Legislature to make tomorrow a brighter day for all citizens. Together, we will see that brighter day. In closing, I would like to just close with a couple of stanzas from a poem that I usually close my remarks with entitled 'Memorial to the 96th Division'. And I think it reminds us of our duty to serve this nation's veterans. It goes as follows: 'We are the old and young of the nation, and war has left us with many scars, but love and freedom we cherished, not medals or battle stars, the bolts and scaffolds dug deep, and every wound was hard gotten, but the deepest wound of all, would be to come home and be forgotten.' Thank you very, very much for giving me this opportunity to address you this afternoon."
Upon the conclusion of his address, Commander Gierke and his escort party retired from the Chamber.
The purposes of the Joint Assembly having been accomplished, the PRESIDENT announced that under the terms of the Concurrent Resolution the Joint Assembly would recede from business.
The Senate accordingly retired to its Chamber.
At 2:15 P.M. the House resumed, the SPEAKER in the chair.
The question of a quorum was raised.
A quorum was later present.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 5.
H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork, Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.
Debate was resumed on Amendment No. 5, by Rep. J. ROGERS.
Rep. MAPPUS raised the Point of Order that the House had considered Amendment No. 5 before the Committee Report and this action violated Rule 5.9.
The SPEAKER stated that the only requirement was to consider the amendments in order and the House had taken an action on each Committee Amendment. He further stated that we had adjourned debate on the three Committee Amendments until they were consolidated and he overruled the Point of Order.
Reps. CORNING and HEARN spoke against the amendment.
The question then recurred to the adoption of the amendment.
Rep. HEARN demanded the yeas and nays, which were not ordered.
The amendment was then adopted by a division vote of 87 to 9.
Rep. CORNING proposed the following Amendment No. 6 (Doc. No. 3033U).
Amend the Bill, as and if amended, in Section 33-49-1030 of the 1976 Code by striking /two-thirds/ wherever it appears in the section and inserting /seventy-five percent/.
Amend title to conform.
Rep. CORNING moved to adjourn debate upon the amendment, which was adopted.
Rep. CORNING proposed the following Amendment No. 7 (Doc. No. 3057U).
Amend the Bill, as and if amended, by striking Section 33-49-440 of the 1976 Code, as contained in the report and inserting:
/Section 33-49-440. Each member shall be is entitled to one vote on each matter submitted to a vote at a meeting. Voting shall must be in person but, if the bylaws so provide, may also by by proxy in the manner specified in Section 33-49-445 by mail, or both. If the bylaws provide for voting by proxy or by mail they shall also prescribe the conditions under which proxy or mail voting shall be exercised. In any event no person shall vote as proxy for more than three members at any meeting of the members. or by proxy, or both, and if the bylaws so provide may also be by mail, except that no mail voting is allowed for questions of dissolution or liquidation of the cooperative. Voting by proxy must be conducted in the manner specified by Section 33-49-445. If the bylaws provide for voting by mail in those cases where mail voting may be used, they shall also prescribe the conditions under which mail voting can be exercised./
Amend the report further, as and if amended, by striking Section 33-49-1030 of the 1976 Code, as contained in the report and inserting:
/Section 33-49-1030. The board of trustees shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than two thirds of these members voting thereon at such meeting. Two-thirds of the membership of the board of trustees first shall recommend to the membership that the cooperative be dissolved. The proposition that the cooperative be dissolved must be submitted to the membership of the cooperative for a vote at a special meeting of the membership called only for this purpose. The notice for the meeting at which a proposal to dissolve the cooperative is considered must set forth in its entirety the proposition to be voted upon by the members. The special meeting must be called to order by the president or such other person so designated by the board of trustees at the place set forth in the notice of the meeting. No quorum is required to conduct the business of the special meeting and the presiding officer shall promptly order the balloting on the proposition. A vote by the membership for voluntary dissolution of the cooperative must be by written or machine ballot only. The ballot must state the proposition to be voted upon by members and must contain two boxes. one marked FOR DISSOLUTION, the other marked AGAINST DISSOLUTION. The ballot must direct that the member place an "X" in the box indicating his vote on the proposition. Each member is entitled to one vote on the proposition to dissolve the cooperative. Voting on this proposition must be in person or by proxy as provided in Section 33-49-445. The meeting must begin at 7:00 a.m. and adjourn at 7:00 p.m. of the day set for the special meeting except that any member who has not cast his ballot and is in the process of voting or is waiting to vote must be allowed to vote. The proposed voluntary dissolution is approved upon affirmative vote of not less than two-thirds of the members of the cooperative.
Unless otherwise provided for in its Articles of Incorporation, bylaws, or by this chapter, the board shall, not less than ten days prior to any election, adopt policies and procedures for the conduct of the election./
Amend the report further, as and if amended, by adding a new section to be appropriately numbered which shall read:
/SECTION ______. The 1976 Code is amended by adding:
"Section 33-49-445. (a) A member of a cooperative may vote his vote by proxy in the manner provided by this section.
(b) A member may appoint a proxy to vote or otherwise act for him, including giving waivers and consents, by signing an appointment form, either personally or by his attorney-in-fact. All proxies must have an effective date. If not dated by the person giving the proxy, the effective date of the proxy is the date on which it is received by the person appointed to serve as proxy, which date must be noted by the appointee on the appointment form.
(c) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. Unless a time of expiration is otherwise specified, an appointment is valid for eleven months.
(d) An appointment of a proxy is revocable by the member by a subsequent writing or by his attendance at the meeting where the proxy is to be used.
(e) The death or incapacity of the member appointing a proxy does not affect the right of the cooperative to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises his authority under the appointment.
(f) If the name signed on a proxy appointment corresponds to the name of the member, the cooperative shall accept the proxy appointment and give it effect as the act of the member.
(g) The cooperative is entitled to reject a proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the member.
(h) Cooperative action based on the acceptance or rejection of a proxy appointment under this section is valid unless a court of competent jurisdiction determines otherwise.
(i) No proxy can be solicited on the basis of any proxy statement or other communication, written or oral, containing any statement which, at the time and in light of the circumstances under which it was made, was false or misleading with respect to any material fact or which omits to state any material fact necessary in order to make the statements made therein not false or misleading."/
Renumber sections to conform.
Amend title to conform.
Rep. CORNING explained the amendment.
Rep. J. ROGERS moved that the House recede for 5 minutes, which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of Amendment No. 7, Rep. CORNING having the floor.
At 2:55 P.M. the House resumed, the SPEAKER in the chair.
Rep. J. ROGERS moved that the House recede for 5 minutes, which was adopted.
At 3:00 P.M. the House resumed, the SPEAKER in the chair.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 7, Rep. CORNING having the floor.
H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork, Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS; TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.
Debate was resumed on Amendment No. 7, by Rep. CORNING.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. J. ROGERS moved that the House recede for 5 minutes, which was adopted.
Further proceedings were interrupted by the House receding, the pending question being consideration of amendments.
At 3:05 P.M. the House resumed, the SPEAKER in the chair.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
H. 3398 -- Reps. J. Rogers, T.C. Alexander, Altman, K. Bailey, Baker, Barfield, Baxley, Beasley, Blanding, G. Brown, H. Brown, R. Brown, Bruce, Burch, Chamblee, Cork, Davenport, Elliott, Farr, Felder, Gentry, Glover, Gordon, J. Harris, Harvin, Harwell, Haskins, Hendricks, Huff, Keegan, Koon, Lanford, Lockemy, L. Martin, McEachin, McElveen, McGinnis, McKay, McLellan, Neilson, Nettles, T. Rogers, Rudnick, Snow, Stoddard, Sturkie, Tucker, Waldrop, Washington, Wilder, D. Williams, J. Williams, Wofford and Moss: A BILL TO AMEND SECTION 33-49-440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING BY MEMBERS OF ELECTRIC COOPERATIVES, SO AS TO ELIMINATE VOTING BY MAIL AT COOPERATIVE MEETINGS; TO AMEND SECTION 33-49-610, RELATING TO TRUSTEES OF ELECTRIC COOPERATIVES, SO AS TO REVISE PROVISIONS FOR THE REMOVAL OF TRUSTEES AND THE ELECTION OF SUCCESSORS, AND TO PROVIDE FOR REMOVAL OF TRUSTEES FOR CAUSE; AND TO AMEND SECTION 33-49-1030, RELATING TO ACTIONS PERTAINING TO DISSOLUTION BY THE BOARD OF TRUSTEES AND MEMBERS OF A COOPERATIVE, SO AS TO FURTHER PROVIDE FOR THE PROCEDURES A COOPERATIVE SHALL FOLLOW IN ORDER TO BE DISSOLVED INCLUDING THE REQUIREMENT OF AN AFFIRMATIVE VOTE AT A MEETING OF AT LEAST TWO-THIRDS OF ALL THE MEMBERS OF THE COOPERATIVE, AND TO PROVIDE FOR ABSENTEE BALLOTS UNDER CERTAIN CIRCUMSTANCES.
Rep. J. ROGERS proposed the following Amendment No. 16 (Doc. No. 3088U), which was adopted.
Amend the bill, as and if amended, Section 33-49-1030, as contained in SECTION 3, page 10 of the amendment, by deleting /or/ at the end of item (6).
Amend further, Section 33-49-1030, as contained in SECTION 3, page 10 of the amendment, by striking the period at the end of item (7) and adding /; or/.
Amend further, Section 33-49-1030, as contained in SECTION 3, page 10 of the amendment, by adding after item (7):
/(8) is prevented from attending the meeting due to his employment and his inability to attend the meeting is confirmed by his employer as provided in this section./
Renumber sections to conform.
Amend title to conform.
Rep. J. ROGERS explained the amendment.
The amendment was then adopted.
Reps. HASKINS and H. BROWN proposed the following Amendment No. 18, which was tabled.
Amend the amendment as and if amended page 10, by deleting subsections (6) and (7), and by inserting in its place:
/(6) By virtue of vacation plans, will be absent from his county of residence on the scheduled meeting day./
Amend further at page 15 and 16 by deleting subsections (6) and (7), and by inserting in their place:
/(6) By virtue of vacation plans, I will be absent from my county of residence on the scheduled meeting day./
Amend title and renumber to conform.
Rep. HASKINS explained the amendment.
Rep. FELDER moved to table the amendment, which was agreed to by a division vote of 49 to 35.
Rep. J. ROGERS proposed the following Amendment No. 19 (Doc. No. 3098U), which was adopted.
Amend the bill, as and if amended, Section 33-49-1030, as contained in SECTION 3, page 16 of the amendment, by adding after item (7):
(8) I am prevented from attending the meeting due to my employment and my inability to attend the meeting has been confirmed by my employer below.
______________________________________
Employer
Renumber sections to conform.
Amend title to conform.
Rep. J. ROGERS explained the amendment.
Rep. SIMPSON spoke against the amendment.
The amendment was then adopted.
Rep. MAPPUS proposed the following Amendment No. 21 (Doc. No. 3102U), which was tabled.
Amend the bill, as and if amended, in Section 33-49-1030 of the 1976 Code, by adding immediately after item (7) on page 10 the following:
/(9) Is serving on jury duty or is sixty-five years of age or older./
Amend further, in Section 33-49-1030 by adding immediately after item (7) on page 16 the following:
/_____ (9) I am serving on jury duty or am sixty-five years of age or older./
Amend title to conform.
Rep. MAPPUS explained the amendment.
Rep. McGINNIS moved to table the amendment, which was agreed to by a division vote of 68 to 24.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1A (Doc. No. 3068U), which was tabled.
Amend the bill, as and if amended, by striking Section 33-49-440 of the 1976 Code, as contained in SECTION 1, page 1, lines 1 through 11, and inserting:
/Section 33-49-440. Each member shall be is entitled to one vote on each matter submitted to a vote at a meeting. Voting shall must be in person but, if the bylaws so provide, may also be by proxy or by mail, or both. If the bylaws provide for voting by proxy or by mail they shall also The bylaws shall must prescribe reasonable conditions under which proxy or mail voting shall may be exercises. In any event no person shall vote as proxy for more than three members at any meeting of the members./
Amend further by striking Section 33-49-1030 of the 1976 Code, as contained in SECTION 3, pages 3, 4, 5, and 6, and inserting:
/Section 33-49-1030. The board of trustee shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than two thirds of these members voting thereon at such meeting. Two-thirds of the membership of the board of trustees first shall recommend to the membership that the cooperative be dissolved. The proposition that the cooperative be dissolved must be submitted to the membership of the cooperative for a vote at a special meeting of the membership called only for this purpose. The notice for the meeting at which a proposal to dissolve the cooperative is considered must set forth in its entirety the proposition to be voted upon by the members. The special meeting must be called to order by the president or such other person so designated by the board of trustees at the place set forth in the notice of the meeting. No quorum is required to conduct the business of the special meeting and the presiding officer shall promptly order the balloting on the proposition. A vote by the membership for voluntary dissolution of the cooperative must be by written or machine ballot only. The ballot must state the proposition to be voted upon by members and must contain two boxes, one marked FOR DISSOLUTION, the other marked AGAINST DISSOLUTION. The ballot must direct that the member place an "X" in the box indicating his vote on the proposition. Each member is entitled to one vote on the proposition to dissolve the cooperative. Voting on this proposition must be in person or by mail as provided in Section 33-49-440. The meeting must begin at 7:00 a.m. and adjourn at 7:00 p.m. of the day set for the special meeting except that any member who has not cast his ballot and is in process of voting or is waiting to vote must be allowed to vote. The proposed voluntary dissolution is approved upon affirmative vote of not less than two-thirds of the members of the cooperative.
Unless otherwise provided for in its Articles of Incorporation, bylaws, or by this chapter, the board shall, not less than ten days prior to any election, adopt policies and procedures for the conduct of the election./
Amend title to conform.
Rep. LIMEHOUSE moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 1, by the Committee on Labor, Commerce and Industry.
Rep. LIMEHOUSE moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 2 by the Committee on Labor, Commerce and Industry.
Rep. LIMEHOUSE moved to table the amendment, which wag agreed to.
Debate was resumed on Amendment No. 3 by the Committee on Labor, Commerce and Industry.
Rep. HEARN spoke against the amendment and moved to table the amendment, which was agreed to.
Debate was resumed on Amendment No. 6 by Rep. CORNING.
Rep. CORNING moved to table the amendment, which was agreed to.
Rep. CORNING proposed the following Amendment No. 13 (Doc. No. 3091U), which was tabled.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 33-49-440 of the 1976 Code is amended to read:
Section 33-49-440. Each member shall be is entitled to one vote on each matter submitted to a vote at a meeting. Voting shall must be in person but, if the bylaws so provide, may also be by proxy in the manner specified in Section 33-49-445 by mail, or both. If the bylaws provide for voting by proxy or by mail they shall also prescribe the conditions under which proxy or mail voting shall be exercised. In any event no person shall vote as proxy for more than three members at any meeting of the members. or by proxy, or both, and if the bylaws so provide may also be by mail, except that no mail voting is allowed for questions of dissolution or liquidation of the cooperative. Voting by proxy must be conducted in the manner specified by Section 33-49-445. If the bylaws provide for voting by mail in those cases where mail voting may be used, they shall also prescribe the conditions under which mail voting can be exercised./
SECTION 2. Section 33-49-610 of the 1976 Code is amended to read:
"Section 33-49-610. (A) The business and affairs of a cooperative shall must be managed by a board of not less than five trustees, each of whom shall must be a member of the cooperative or of another cooperative which shall be is a member thereof of the cooperative. The bylaws shall must prescribe the number of trustees, their qualifications, other than those provided for in this chapter, and the manner of holding meetings of the board or trustees, and of the election of successors to trustees who shall resign, die or otherwise be incapable of acting the filling of vacancies on the board.
(B) The bylaws may also may provide for the removal of trustees from office and for the election of their successors as follows:
(1) (a) A temporary suspension of a trustee for cause may occur upon the affirmative vote of at least two-thirds of the members of the board until the next annual or special meeting. At that meeting the membership may remove the suspended trustee for cause from the board by an affirmative vote of a majority of the members present and voting. In the event the membership refuses to vote to remove the trustee, he must be reinstated immediately with all the powers of his office and continue to serve for the remainder of his elected term.
(b) 'Cause' for removal of a trustee under this section means fraudulent or dishonest acts, or gross abuse of authority in the discharge of duties to the cooperative, and must be established after written notice of specific charges and opportunity to meet and refute charges.
(2) A successor may be elected as provided by the bylaws of the cooperative.
This subsection does not apply to a cooperative when a majority of its members are other cooperatives. Cooperatives which are excluded from the removal provisions of this subsection may provide any terms and conditions for removal of trustees as may be authorized in their bylaws.
(C) If a husband and wife hold a joint membership in a cooperative, either one, but not both, may be elected a trustee.
(D) The board of trustees may exercise all of the powers of a cooperative except such as are those powers conferred upon the members by this chapter or, its articles of incorporation, or bylaws."
SECTION 3. Section 33-49-1030 of the 1976 Code is amended to read:
"Section 33-49-1030. The board of trustee shall first recommend that the cooperative be dissolved voluntarily and thereafter the proposition that the cooperative be dissolved shall be submitted to the members of the cooperative at any annual or special meeting, the notice of which shall set forth such proposition. The proposed voluntary dissolution shall be deemed to be approved upon the affirmative vote of not less than two thirds of these members voting thereon at such meeting. Notwithstanding the provisions of Section 33-49-450, two-thirds of the membership of the board of trustees shall first recommend to the membership that the cooperative be dissolved. The proposition that the cooperative be dissolved must be submitted to the membership of the cooperative for a vote at a special meeting of the membership called only for this purpose and held on Saturday. Locations for the special meeting must be set up in every county in which the cooperative provides service. The notice for the meeting at which a proposal to dissolve the cooperative is considered shall set forth:
(1) a detailed proposition for dissolution;
(2) the plan for sale and distribution of assets;
(3) the plan for the continuance of service; and
(4) the locations of the meeting.
The special meeting must be called to order by the president or his designee at each of the locations set forth in the notice. No quorum is required to conduct the business of the special meeting and the presiding officer shall promptly order the balloting on the proposition. A vote by the membership for voluntary dissolution of the cooperative must be by written or machine ballot only. The ballot must state the proposition to be voted upon by the members and must contain two boxes, one marked FOR DISSOLUTION, and the other marked AGAINST DISSOLUTION. The ballot must direct that the member place an 'X' in the box indicating his vote on the proposition. Each member is entitled to one vote on the proposition to dissolve the cooperative. Voting on this proposition must be in person or by proxy in the manner provided in Section 33-49-445, except that a member who qualifies to vote an absentee ballot under the categories as designated below may vote by absentee ballot. A member may cast an absentee ballot on the proposition of voluntary dissolution of the cooperative if the member:
(1) is serving with the Armed Forces, Merchant Marine of the United States, or is a spouse or dependent, residing with that person;
(2) is serving in the Red Cross or with the United Service Organizations, who are attached to and serving with the Armed Forces of the United States, or is a spouse or a dependent residing with that person;
(3) is physically disabled so as to prevent his attendance at the meeting;
(4) has his principal residence outside any county in which the cooperative does business;
(5) is attending sick or physically disabled persons;
(6) is self-employed or unemployed and by virtue of vacation plans will be absent from his county of residence on the scheduled meeting day; or
(7) by virtue of vacation plans, will be absent from his county of residence on the scheduled meeting day and the vacation leave having been confirmed by his employer below.
A member seeking the privilege of voting an absentee ballot must apply to the cooperative in writing for an absentee ballot within thirty days of the date for submission of the absentee ballot as provided herein. The absentee ballot must be promptly forwarded to the member by depositing it in the United States mail to the last known address of the member, together with a form to be completed and signed by the member setting forth and certifying as to his qualification for voting an absentee ballot. The absentee ballot must be sealed in a blank envelope and together with the executed certification of qualification form, inserted into a second envelope bearing the name and account number of the member. The ballot and certification of qualification form, so ensealed, must be returned to the cooperative by mail or otherwise. no later than twelve noon of the day prior to the date of the special meeting of members. A member receiving an absentee ballot is entitled to cast a vote at the special meeting. However, after delivering an absentee ballot to the cooperative, if the member registers at the meeting or requests in writing the withdrawal of his absentee ballot prior to the close of registration on the meeting date, the absentee ballot must be voided and destroyed. At the conclusion of the membership balloting, each absentee ballot meeting the requirements of this section or which has not been revoked by registration or written member request must be removed from the envelope containing the member's identification, mixed with the other unmarked envelopes so as to prevent identification of the person casting the vote and added to the count of votes cast at the meeting. The meeting must begin at seven a.m. and adjourn at seven p.m. of the day set for special meeting except that any member who has not cast his ballot and is in the process of voting or is waiting to vote must be allowed to vote. The proposed voluntary dissolution is approved upon affirmative vote of not less than two-thirds of the members of the cooperative. The certificate of qualification for voting an absentee ballot must be in the following form:
I hereby apply for an absentee ballot to vote on the proposition of the voluntary dissolution of the cooperative at the special meeting to be held on the ________________ day , .
I certify that:
_____ (1) I am serving with the Armed Forces, Merchant Marine of the United States, and am prevented by my work relating to this service from attending the meeting, or I am a spouse or dependent, who resides with a person so serving.
_____ (2) I am serving with the Red Cross or with the United Service Organizations who are attached to and serving with the Armed Forces of the United States, or I am a spouse or dependent who resides with a person so serving.
_____ (3) I am physically disabled and am prevented from attending the meeting.
_____ (4) My principal residence is outside any county in which the cooperative does business.
The address of my principal residence is
___________________________________________________________.
_____ (5) I am attending a sick or physically disabled person.
_____ (6) I am self-employed or unemployed and by virtue of vacation plans will be absent from my county of residence on the scheduled meeting day.
_____ (7) By virtue of vacation plans I will be absent from my county of residence on the scheduled meeting day. This vacation leave has been confirmed by my employer below.
______________________________________
Employer
My cooperative member account number is
______________________________________
Signature
Unless otherwise provided for in its Articles of Incorporation, Bylaws, or by this chapter, the board shall, not less than ten days prior to any election, adopt policies and procedures for the conduct of the election."
SECTION 4. The 1976 Code is amended by adding:
"Section 33-49-445. (a) A member of a cooperative may vote his vote by proxy in the manner provided by this section. A person may not vote as proxy unless he is a member of the cooperative and may not vote as proxy for more than five members.
(b) A member may appoint a proxy to vote or otherwise act for him, including giving waivers and consents, by signing an appointment form, either personally or by his attorney-in-fact. All proxies must have an effective date. If not dated by the person giving the proxy, the effective date of the proxy is the date on which it is received by the person appointed to serve as proxy, which date must be noted by the appointee on the appointment form.
(c) An appointment of a proxy is effective when received by the secretary or other officer or agent authorized to tabulate votes. Unless a time of expiration is otherwise specified, an appointment is valid for eleven months.
(d) An appointment of a proxy is revocable by the member by a subsequent writing or by his attendance at the meeting where the proxy is to be used.
(e) The death or incapacity of the member appointing a proxy does not affect the right of the cooperative to accept the proxy's authority unless notice of the death or incapacity is received by the secretary or other officer or agent authorized to tabulate votes before the proxy exercises his authority under the appointment.
(f) If the name signed on a proxy appointment corresponds to the name of the member, the cooperative shall accept the proxy appointment and give it effect as the act of the member.
(g) The cooperative is entitled to reject a proxy appointment if the secretary or other officer or agent authorized to tabulate votes, acting in good faith, has reasonable basis for doubt about the validity of the signature on it or about the signatory's authority to sign for the member.
(h) Cooperative action based on the acceptance or rejection of a proxy appointment under this section is valid unless a court of competent jurisdiction determines otherwise.
(i) No proxy can be solicited on the basis of any proxy statement or other communication, written or oral, containing any statement which, at the time and in light of the circumstances under which it was made, was false or misleading with respect to any material fact or which omits to state any material fact necessary in order to make the statements made therein not false or misleading."/
SECTION 5. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. CORNING explained the amendment.
Rep. LIMEHOUSE moved to table the amendment, which was agreed to.
Rep. J. ROGERS explained the Bill.
The question then recurred to the passage of the Bill, as amended, on second reading.
Rep. BLACKWELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman 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. Carnell Chamblee Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fant Farr Felder Ferguson Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Koon Lanford Limehouse Littlejohn Lockemy Manly Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McLellan McLeod McTeer Neilson Nesbitt Nettles Phillips Quinn Rhoad Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Williams, D. Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Clyborne Corning Hearn Mappus McCain Rama
So, the Bill, as amended, was read the second time and ordered to third reading.
The following was received.
Columbia, S.C., March 29, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it requests the return of H. 3161:
H. 3161 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS; TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20, 58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE A PENALTY FOR COUNTIES WHICH DO NOT REMIT ASSESSMENTS TO THE COMMISSION IN A TIMELY MANNER, TO REQUIRE THE COMMISSION TO DOCUMENT REASONS FOR CHANGES IN RATES AND SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, TO PROVIDE THAT BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL SECTIONS 58-11-10 THROUGH 58-11-160, SECTION 58-23-1510, AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO RADIO COMMON CARRIERS, BUSES, AND TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND EXPRESS COMPANIES.
Very respectfully,
President
On motion of Rep. GREGORY, the Bill was ordered returned to the Senate.
Rep. M.D. BURRISS moved that when the House adjourns it adjourn in memory of N.F. (Bubber) Sykes, Richland County resident and owner of Sykes Barbecue, which was agreed to.
Rep. M.O. ALEXANDER moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3763 -- Rep. McGinnis: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO JERRY RICHARDSON OF SPARTANBURG IN SPARTANBURG COUNTY ON BEING AWARDED THE SPARTANBURG AREA CHAMBER OF COMMERCE'S 1989 NEVILLE HOLCOMBE DISTINGUISHED CITIZENSHIP AWARD.
H. 3764 -- Rep. Farr: A CONCURRENT RESOLUTION CONGRATULATING UNION HIGH SCHOOL'S LADY JACKETS BASKETBALL TEAM UPON WINNING THE 1989 CLASS AAAA STATE CHAMPIONSHIP.
H. 3776 -- Rep. Chamblee: A CONCURRENT RESOLUTION TO CONGRATULATE THE WESTSIDE HIGH SCHOOL GIRLS BASKETBALL TEAM OF ANDERSON FOR WINNING THE CLASS AAA STATE CHAMPIONSHIP.
H. 3783 -- Rep. G. Brown: A CONCURRENT RESOLUTION EXPRESSING THE APPRECIATION OF THE MEMBERS OF THE GENERAL ASSEMBLY TO GENERAL THOMAS H. ALEXANDER OF BISHOPVILLE IN LEE COUNTY FOR HIS YEARS OF SPLENDID SERVICE IN THE SOUTH CAROLINA ARMY NATIONAL GUARD UPON THE OCCASION OF HIS RETIREMENT AND TO WISH HIM GOOD HEALTH AND SUCCESS IN HIS FUTURE ENDEAVORS.
At 3:50 P.M. the House in accordance with the motion of Rep. M.D. BURRISS adjourned in memory of N.F. (Bubber) Sykes, Richland County resident and owner of Sykes Barbecue to meet at 10:00 A.M. tomorrow.
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