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:
Almighty God in Whom we live, move and have our very beings, we lift our prayer to You in gratitude and to show our dependence upon You. In our weakness, we commit our lives to Your unlimited strength. Overrule our mistakes in Your forgiveness, reinforce our minds with Your wisdom that we might give a good account of our stewardship. When the pace quickens and the pressures intensify, may we feel Your strong right arm to lean upon. Strengthen our faith, mellow our judgments, deepen our insights, and grant us the good conscience in the knowledge of work well done.
And to You 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 was received.
April 18, 1989
The Honorable Sandra K. McKinney
Clerk of the S.C. (Doc. No. 1118)
House of Representatives
Dear Mrs. McKinney:
Pursuant to Act 176 of 1977, I have received on April 18, 1989 regulations concerning Criminal Justice Information and Communication from the South Carolina Law Enforcement Division.
They are hereby referred to the Committee on Judiciary for Consideration.
Sincerely,
Robert J. Sheheen
Received as information.
The following was received.
Columbia, S.C., April 20, 1989
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 11:30 A.M. today for the purpose of Ratifying Acts.
Very respectfully,
President
On motion of Rep. KEEGAN the invitation was accepted.
Rep. STODDARD moved that when the House adjourns it adjourn in memory of the sailors killed in the accident on board the USS Iowa, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Telephone Association for a reception May 2, 1989, 6:30 P.M. 11:00 P.M., at the Ellison Building, State Fairgrounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Governor for the Governor's Legislative Reception, May 3, 1989, 6:00 P.M. - 8:00 P.M. at the Governor's Mansion.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Dairy Association for breakfast, May 4, 1989, 8:00 A.M. - 10:00 A.M., at the Capital City Club.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Greenwood Mills, Inc. for a reception, May 9, 1989, 6:00 P.M. - 8:00 P.M., at the Marriott.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Student Legislature for a reception, May 9, 1989, 8:00 P.M. ß 10:00 P.M., at the Radisson.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. State Museum for a reception and tour, May 10, 1989, 6:00 P.M. - 8:00 P.M.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Fifth District Pharmaceutical Association for dinner, May 10, 1989, 7:30 P.M. until, at the Embassy Suites Hotel.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of Citadel Alumni for the Annual Citadel Alumni Barbeque, May 16, 1989, 6:30 P.M. in the Cantey Building, State Fairgrounds.
The invitation was accepted.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
Invitation of S.C. Travel and Tourism Forum for a reception, May 17, 1989, 6:00 P.M. - 8:00 P.M., at the Riverbanks Zoo.
The invitation was accepted.
Rep. J. HARRIS, from the Chesterfield Delegation, submitted a favorable report, with amendments, on:
H. 3929 -- Rep. Burch: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO LIMIT THE AMOUNT THE ANNUAL MILLAGE MAY BE INCREASED TO THREE MILLS.
On motion of Rep. J. HARRIS, with unanimous consent, the following Bill was taken up for immediate consideration.
H. 3929 -- Rep. Burch: A BILL TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO LIMIT THE AMOUNT THE ANNUAL MILLAGE MAY BE INCREASED TO THREE MILLS.
Chesterfield Delegation proposed the following Amendment No. 1 (Doc. No. 3745U), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. Section 6 of Act 1010 of 1968 is amended to read:
"Section 6. The county auditor of Chesterfield County shall, when so directed and ordered by an appropriate resolution of the district board of education, levy for school purposes a countywide annual tax on all of the taxable property in the county. Provided, that However, the tax levy for school purposes shall may not be increased more than ten eight percent of the tax levy for school purposes for the previous fiscal year unless approved by a majority of the Chesterfield County Legislative Delegation or by a referendum of the qualified electors of the district to be called by the district board of education. Such The annual levy shall must be designated as the county education fund tax. The district superintendent of education and the county treasurer shall open and enter in their books and records an account to be designated as the 'County Education Fund'. The county treasurer shall credit to such the fund or account all the proceeds of such the tax and any other money received for the county education fund or account and charge against the fund or account all proper vouchers drawn against it."/
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. J. HARRIS, with unanimous consent, it was ordered that H. 3929 be read the third time tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions. submitted a favorable report, on:
H. 3543 -- Reps. Gordon, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE DEPARTMENT'S FACILITY IN KINGSTREE IN WILLIAMSBURG COUNTY IN HONOR OF THE LATE FRANK H. MCGILL, SENATOR FROM WILLIAMSBURG COUNTY.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 403 -- senators Leventis, Bryan, Land, Patterson, Saleeby, Hinds, McConnell, Rose, Fielding and Thomas: A CONCURRENT RESOLUTION TO COMMEND THE MEMBERS OF THE HAZARDOUS WASTE MANAGEMENT TASK FORCE FOR THEIR EXCELLENT AND DILIGENT WORK IN COMPLETING THEIR TASK OF STUDYING HAZARDOUS WASTE MANAGEMENT IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3642 - Reps. Keegan, Corbett, Elliott, Harvin and Barfield: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE NEW BRIDGE ON STATE HIGHWAY 544 WHICH CROSSES THE INTRACOASTAL WATERWAY IN THE SOCASTEE COMMUNITY OF HORRY COUNTY THE "BENJAMIN E. THRAILKILL, JR. BRIDGE".
Ordered for consideration tomorrow.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 3936 -- Reps. Black well and Hallman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MORE VIGOROUSLY ENFORCE THE LAWS OF THIS STATE REQUIRING THE DEPARTMENT TO RECOVER MOTOR VEHICLE REGISTRATION PLATES FROM UNINSURED MOTOR VEHICLES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3216 -- Rep. Boan: A BILL TO CREATE A HEALTH INSURANCE POOL TO INCLUDE ALL INSURERS PROVIDING HEALTH INSURANCE AND INSURANCE ARRANGEMENTS FOR HEALTH PLAN BENEFITS, TO EXEMPT THE POOL FROM TAXATION, AND TO ALLOW A TAX CREDIT FOR ANY ASSESSMENT PAID TO THE POOL BY A MEMBER INSURER, AND TO AMEND SECTION 38-71-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY CONTINUATION AND CONVERSION PRIVILEGES OF GROUP HEALTH POLICIES, SO AS TO REVISE THESE CONTINUATION OR CONVERSION PRIVILEGES AND DELETE PROVISIONS RELATING TO MANDATORY CONVERSION OF GROUP HEALTH POLICIES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 4 -- Senator Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 21 TO TITLE 31 SO AS TO ENACT THE SOUTH CAROLINA FAIR HOUSING LAW AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 396 -- Senators Hinds and Long: A BILL TO AMEND SECTION 44-79-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHYSICAL FITNESS SERVICES, SO AS TO DELETE "GOLF COURSE" FROM THE DEFINITION OF "MAJOR FACILITY".
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3621 -- Rep. T.M. Burriss: A BILL TO AMEND SECTION 41-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO EXPAND THE DEFINITIONS OF "PRIVATE PERSONNEL PLACEMENT SERVICE" AND "PLACEMENT FEE" TO INCLUDE THE DESCRIPTION OF ACTIVITIES WHICH WOULD BE SUBJECT TO THE PROVISIONS OF CHAPTER 25 OF TITLE 41 (PRIVATE PERSONNEL PLACEMENT SERVICES ACT).
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and industry, submitted a favorable report, on:
S. 526 -- Labor, Commerce and industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, RELATING TO ELEVATOR SAFETY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1064, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE l OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3725 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-19-55 SO AS TO EXEMPT FROM DISCLOSURE CERTAIN APPLICATIONS, EXAMINATIONS, SCORES, EXAMINATION REPORTS, AND OTHER RELATED MATERIAL OF THE COOPERATIVE INTERAGENCY MERIT SYSTEM AND TO PROVIDE THAT THIS PROVISION DOES NOT RESTRICT THE ABILITY OF THE MERIT SYSTEM COUNCIL TO DISCLOSE NECESSARY INFORMATION FOR THE PURPOSE OF CONTRACTING FOR SERVICES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 253 -- Senators Leatherman, Land and Saleeby: A BILL TO AMEND SECTION 42-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, CONDUCT OF HEARING, AND AWARD, SO AS TO PROVIDE A PROCEDURE FOR THE HEARING AND DETERMINATION OF CLAIMS OF MEMBERS OF THE WORKERS' COMPENSATION COMMISSION, MEMBERS OF THEIR FAMILIES, OR EMPLOYEES OF THE COMMISSION, EXCEPT CLAIMS INVOLVING MEDICAL BENEFITS ONLY.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 346 -- Senators Land, Lourie and Leatherman: 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. 3728 -- Reps. Hearn, Hallman, Mappus, T. Rogers, Barber, Sturkie, M.D. Burriss, Klapman, Holt, Waites, T.M. Burriss, Nesbitt, Washington, J. Bailey, Whipper, Corning, Keyserling, Haskins, Wells, Wright and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 28 TO TITLE 56 SO AS TO PROVIDE FOR THE ENFORCEMENT OF MOTOR VEHICLE EXPRESS WARRANTIES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3693 -- Rep. J. Rogers: A BILL TO AMEND ARTICLE 9, CHAPTER 11, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOOTLEG RECORDS AND TAPES, SO AS TO FURTHER PROVIDE FOR THE UNLAWFUL PIRATING, BOOTLEGGING, AND COUNTERFEITING OF RECORDS, TAPES, AND RECORDINGS, AND TO REVISE THE PENALTIES FOR VIOLATIONS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
H. 3762 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-5-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE TAX ON SELF-INSURERS, SO AS TO PROVIDE THAT THE REQUIRED REPORT BE MADE BY THE FIFTEENTH DAY OF THE THIRD MONTH FOLLOWING THE CLOSE OF THE SELF-INSURER'S FISCAL YEAR, PROVIDE AUTHORITY TO THE WORKERS' COMPENSATION COMMISSION TO ASSESS A PENALTY AGAINST A SELF-INSURER WHO FAILS TO PAY THE TAX BY THE REQUIRED DATE, AND PROVIDE FOR THE WITHDRAWAL OF THE PRIVILEGE OF SELF-INSURING IN SOUTH CAROLINA UNDER CERTAIN CONDITIONS.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 68 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE CONTRACTORS' LICENSING BOARD OF SOUTH CAROLINA FOR SIX YEARS; TO AMEND SECTION 40-11-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE REGULATION OF CONTRACTORS BY THEIR LICENSING BOARD, SO AS TO EXEMPT LICENSED FIRE SPRINKLER, BURGLAR ALARM, AND WELL DRILLING CONTRACTORS; AND TO REPEAL SECTION 40-11-200 RELATING TO AN ANNUAL BIDDER'S LICENSE FEE.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 69 -- Senator Drummond: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA RESIDENTIAL HOME BUILDERS COMMISSION FOR SIX YEARS AND TO AMEND SECTION 40-59-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REVOCATION OF LICENSES OF RESIDENTIAL HOME BUILDERS, SO AS TO PROVIDE THAT LICENSES MAY BE SUSPENDED OR RESTRICTED AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDERS COMMISSION VOTE IN FAVOR OF THE REISSUANCE AND TO PROVIDE THAT APPEALS FROM THE DECISIONS OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 527 -- 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.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3702 -- Rep. Fetter: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-260 SO AS TO PROVIDE THAT A REAL ESTATE LICENSEE IS AN INDEPENDENT CONTRACTOR FOR WORKERS' COMPENSATION PURPOSES.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3625 -- Rep. J. Rogers: A BILL TO AMEND SECTION 11-35-1520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE REQUIREMENT UNDER THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE THAT CERTAIN COMPETITIVE PROCUREMENTS MADE BY A GOVERNING BODY MUST BE MADE FROM A RESPONSIVE AND RESPONSIBLE RESIDENT VENDOR, SO AS TO REVISE THE REQUIREMENTS FOR A VENDOR TO BE CONSIDERED A RESIDENT VENDOR.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3244 -- Reps. Koon, Sturkie and Klapman: A BILL TO PROVIDE THAT PUBLIC AGENCIES IN NEGOTIATING CONTRACTS FOR ARCHITECTS' SERVICES, SUBJECT TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SHALL CONSIDER COST OF SERVICES AS ONE OF THE CONSIDERATIONS IN SELECTING AN ARCHITECTURAL FIRM.
Ordered for consideration tomorrow.
Rep. BENNETT, front the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3684 -- Reps. J. Harris and Burch: A BILL TO AMEND SECTION 50-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO CHANGE THE SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONE 5 FROM SEPTEMBER FIFTEENTH TO THANKSGIVING DAY TO MARCH SECOND TO THANKSGIVING DAY.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3889 -- Reps. Snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTION 46-17-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN COMMODITIES MARKETING LEGISLATION, SO AS TO INCLUDE "COTTON" IN THE DEFINITION OF "AGRICULTURAL COMMODITY".
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
S. 304 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 46-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NEGLECTED OR ABANDONED ORCHARDS, SO AS TO AUTHORIZE THE STATE CROP PEST COMMISSION OR ITS DESIGNEE TO PROMULGATE REGULATIONS RELATIVE TO THEM; AND TO AMEND THE 1976 CODE BY ADDING SECTION 46-35-15 SO AS TO ADD DEFINITIONS RELATIVE TO ORCHARDS.
Ordered for consideration tomorrow
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3887 -- Reps. Snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTIONS 46-13-30 AND 46-13-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PESTICIDE CONTROL, SO AS TO AUTHORIZE THE PROMULGATION OF REGULATIONS AND TO PROVIDE THAT ANY PERSON MAY BE PENALIZED FOR VIOLATIONS; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 46-13-55 AND 46-13-185 SO AS TO PROVIDE FOR THE REGULATION OF STRUCTURAL PEST CONTROL ACTIVITY AND TO AUTHORIZE THE DIRECTOR OF THE DIVISION OF REGULATORY AND PUBLIC SERVICE PROGRAMS OF CLEMSON UNIVERSITY TO EMPLOY COUNSEL.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 62 -- Senators Long, Land, Gilbert, Hinson and Rose: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14 SO AS TO REQUIRE MEDIATION BETWEEN FARM DEBTORS AND CREDITORS, TO IMPLEMENT RESTRUCTURING OF DEBT PAYMENTS TO AVOID FORECLOSURES, AND TO ENABLE FARMERS TO CONTINUE OPERATING OR TO REACH OTHER MUTUALLY BENEFICIAL AGREEMENTS.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3712 -- Reps. Rhoad, Sheheen, Cork, Carnell, Felder, Whipper, T. Rogers, Smith, M.D. Burriss, Rama, Simpson, Farr, White, Stoddard, Fant, Mattos, Holt, G. Bailey, Manly, Fair, Blackwell, Corbett, Elliott, McKay, McLeod, McCain, K. Bailey, Hendricks, Wilder, McElveen, Foster, Washington, Mappus, Phillips, Littlejohn, Bennett, J.C. Johnson, J. Bailey, Baker, Snow, Bruce, Waldrop, D. Williams, Ferguson, Davenport, McLellan, J. Harris, Baxley, Quinn, Clyborne, Hearn, Jaskwhich, Keegan, Tucker, Barfield, Boan, Cole, Wells, L. Martin, Lanford, Altman, Lockemy, Waites and D. Martin: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR THE STATEWIDE OPEN SEASON FROM SEPTEMBER FIRST TO JANUARY FIRST.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, with amendments, on:
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
Ordered for consideration tomorrow.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
S. 613 -- Fish, Game and Forestry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO SPECIES OR SUBSPECIES OF NONGAME WILDLIFE, DESIGNATED AS REGULATION DOCUMENT NUMBER 988, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3195 -- Reps. Hearn, J.W. Johnson, Lockemy, Harwell, McBride, Bruce, Waites, T.M. Burriss, Quinn, Wright, Neilson, Harvin, Moss, Wofford, McGinnis, Corbett, Keegan, Lanford, Cork, Snow, Rama, McCain, Derrick, Klapman, Wells, Barfield, M.D. Burriss, Sharp, Kirsh and Corning: A BILL TO AMEND SECTION 38-7-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TAX ON WORKERS' COMPENSATION INSURERS, SO AS TO CHANGE THE TAX RATE BEGINNING WITH FISCAL YEAR 1989-1990, AND TO PROVIDE FOR THE DESIGNATED USE OF THE TAX BY THE WORKERS' COMPENSATION COMMISSION BEGINNING IN FISCAL YEAR 1989-1990 AND FOR THE REMITTANCE OF THE BALANCE OF THE TAX TO THE GENERAL FUND.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3358 -- Reps. Corning, Cork, Klapman, Jaskwhich, Littlejohn, Mattos, Sheheen, M.O. Alexander, Hallman, Rama, Keegan, J.C. Johnson, Mappus, Vaughn, Winstead, Baker, Blackwell, Barber, McKay, Cole, Koon, Elliott, Corbett, T.M. Burriss, Derrick, Wright, McLellan, H. Brown, Clyborne, Moss, McEachin, Taylor, Haskins, Wells, McCain, Kirsh, Sturkie, Huff, Wilkins, Hayes, Waites, Quinn, Holt, J. Harris, Fair, J. Brown, Nettles, J. Bailey, Waldrop, Felder, Townsend, Kay, Snow, Burch, Bruce, Short, McTeer, Gregory, Gordon, McAbee, Harvin, Lockemy, Simpson, J. Rogers, T.C. Alexander, T. Rogers, McGinnis, Limehouse, Wilkes, Wofford, Keyserling, McLeod, Washington, P. Harris, Carnell, G. Brown, Hearn, Sharpe, Baxley and Foster: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 11, TITLE 11, SO AS TO PROVIDE FOR A "ZERO-BASED" BUDGET REVIEW OF CERTAIN AGENCIES, DEPARTMENTS, COMMISSIONS, BOARDS, AND INSTITUTIONS EVERY EIGHT YEARS BY A JOINT COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND THE SENATE, FOR COMMITTEE MEMBERSHIP AND DUTIES, FOR THE SCOPE OF REVIEW, AND FOR THE ESTABLISHMENT OF A SCHEDULE OF REVIEW.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3035 -- Reps. Altman and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 11-35-1460 SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE PURCHASE OF FURNITURE AND EQUIPMENT BY A GOVERNMENTAL BODY.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3459 -- Reps. J. Rogers and Washington: A BILL TO AMEND SECTION 4-29-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE IN LIEU OF TAXES FOR INDUSTRIAL REVENUE PROJECTS VALUED AT EIGHTY-FIVE MILLION DOLLARS OR MORE WHICH ARE FINANCED BY INDUSTRIAL REVENUE BONDS, SO AS TO PROVIDE THAT A FEE IN LIEU OF TAXES EQUAL TO THE AMOUNT OF THE TAX ON THE UNDEVELOPED PROPERTY IS REQUIRED FOR YEARS BEFORE THE COMPLETION OF THE PROJECT, TO PROVIDE AN ADDITIONAL ELEMENT IN THE CALCULATION OF THE FEE BY USING AN APPLICABLE MILLAGE RATE THAT INCREASES OR DECREASES IN STEP WITH THE ACTUAL MILLAGE RATE WHERE THE PROJECT IS LOCATED, TO PROVIDE THAT THE RESULTS OF THE DETERMINATION OF MINIMUM PAYMENTS FOR AFFECTED SCHOOL DISTRICTS MUST BE DIRECTLY FORESEEABLE, TO PROVIDE THAT CALCULATION OF THE FEE IN LIEU OF TAXES MAY NOT INCLUDE THE EXEMPTION ALLOWED FOR CORPORATE HEADQUARTERS FACILITIES, TO PROVIDE A FIVE-YEAR PERIOD FOR A PROJECT TO MEET THE MINIMUM INVESTMENT REQUIREMENTS, TO PROVIDE FOR A FEE IN LIEU OF TAXES PLUS INTEREST WHEN A PROJECT FAILS TO MEET THE MINIMUM INVESTMENT REQUIREMENT IN A TIMELY MANNER, TO PROVIDE THE DISCOUNT RATE THAT MUST BE USED TO DETERMINE NET PRESENT VALUE FOR PURPOSES OF CALCULATING THE FEE IN LIEU OF TAXES, AND TO PROVIDE THAT FEES RECEIVED BY SCHOOL DISTRICTS UNDER NONADJUSTING FEE FORMULAS ARE NOT CONSIDERED LOCAL REVENUE FOR PURPOSES OF COMPUTING MINIMUM EFFORT REQUIREMENTS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3466 -- Rep. Waldrop: A BILL TO AMEND SECTION 12-45-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES ON DELINQUENT TAXES, SO AS TO PROVIDE THAT IF THE PAYMENT DATES REQUIRED BY THIS SECTION FALL ON A SATURDAY, SUNDAY, OR LEGAL HOLIDAY, THE DATES ARE EXTENDED TO THE END OF THE SECOND BUSINESS DAY IMMEDIATELY FOLLOWING WHICH IS NOT A SATURDAY, SUNDAY, OR LEGAL HOLIDAY.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3656 -- Reps. Hearn, Waites, Whipper, J. Bailey and T.M. Burriss: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-155 SO AS TO ALLOW ADOPTIVE PARENTS EMPLOYED BY THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS TO USE ACCRUED LEAVE FOR THE PURPOSES OF ARRANGING FOR THE ADOPTED CHILD'S PLACEMENT OR CARING FOR THE CHILD AFTER PLACEMENT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3798 -- Reps. Kirsh, McLellan and McTeer: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3807 -- Rep. Kirsh: A BILL TO AMEND SECTION 9-11-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERSHIP IN THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM, SO AS TO PROVIDE THAT THE PAYMENT NECESSARY TO RECEIVE CREDIT UNDER THE SYSTEM FOR SERVICE IN THE SOUTH CAROLINA RETIREMENT SYSTEM IS THE ACCUMULATED CONTRIBUTIONS AND INTEREST IN THE SOUTH CAROLINA RETIREMENT SYSTEM PLUS FIVE PERCENT OF CURRENT SALARY FOR EACH FULL YEAR CREDITED PRORATED FOR PERIODS OF LESS THAN A YEAR.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 3923 -- Rep. J. Harris: A BILL TO AMEND SECTION 12-37-930, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VALUATION OF PROPERTY AND DEPRECIATION FOR PURPOSES OF PROPERTY TAXATION, SO AS TO PROVIDE THAT ON THE SALE OF AN ITEM OF DEPRECIATED PROPERTY BETWEEN CORPORATIONS THE PURCHASER MAY USE THE SELLER'S DEPRECIATED VALUE OF THE PROPERTY AS ITS BASIS FOR PURPOSES OF PROPERTY TAX VALUATION AND TO PROVIDE EXCEPTIONS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 307 -- Finance Committee: A BILL TO AMEND SECTION 12-37-250, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOMESTEAD EXEMPTION, SO AS TO PROVIDE FOR THE EXEMPTION TO BE GRANTED FOR THE SUCCEEDING TAX YEAR IF APPLICATION IS MADE AFTER JULY FIFTEENTH AND IF THE PERSON QUALIFIES UNDER THIS SECTION WHEN THE APPLICATION IS MADE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 594 -- Senator Land: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR SERVICE RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO PROVIDE THAT A MEMBER OF THE SYSTEM WHO IS AN ELECTED OFFICIAL WHOSE ANNUAL COMPENSATION IS LESS THAN THE EARNINGS LIMITATION BELOW WHICH A RETURN TO COVERED EMPLOYMENT DOES NOT AFFECT THE RECEIPT OF BENEFITS AND WHO IS OTHERWISE ELIGIBLE FOR SERVICE RETIREMENT MAY RETIRE WITHOUT A BREAK IN SERVICE.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 323 -- Senator Giese: A BILL TO AMEND ARTICLE 1, CHAPTER 11, TITLE 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLICE OFFICERS' RETIREMENT SYSTEM BY ADDING SECTION 9-11-47 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 OF THAT LOCAL SYSTEM TO BECOME MEMBERS OF THE POLICE OFFICERS' RETIREMENT SYSTEM ON THE DATE OF ADMISSION, TO PROVIDE THE REQUIREMENTS WHICH MUST BE FOLLOWED IF THIS OPTION IS EXERCISED, AND TO REQUIRE THE LOCAL SYSTEM TO KEEP AN ADEQUATE RETAINAGE TO MEET CURRENT RETIREE OBLIGATIONS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, and Reps. KIRSH and H. BROWN, for the minority, submitted an unfavorable report on:
H. 3739 -- Reps. Sheheen, Huff, Rama, Felder, Smith, Hodges, G. Brown, Tucker, Wilder, Harvin, Keesley, Snow, Waites, Mappus, McCain, McEachin, McElveen, Jaskwhich, McLellan, Elliott, J.W. Johnson, Hendricks, Rhoad, McAbee, Burch, J. Bailey, Harwell, Wright, T. Rogers, R. Brown, Stoddard, McGinnis, Nettles, Lockemy, Gregory and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 10 TO TITLE 4 SO AS TO PROVIDE FOR THE LEVY OF A SALES AND USE TAX IN A COUNTY AREA BY SETTING FORTH DEFINITIONS, PURPOSES, AND REQUIREMENTS FOR A REFERENDUM, COLLECTION, USES, AND DISTRIBUTION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3639 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-1450, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COOPERATION OF SOCIETIES AND ORGANIZATIONS WHICH PROTECT OR AID DELINQUENT OR NEGLECTED CHILDREN, SO AS TO REQUIRE STATE AS WELL AS COUNTY, TOWN, AND MUNICIPAL OFFICIALS AND DEPARTMENTS TO ASSIST AND COOPERATE IN THE PROTECTION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
H. 3638--Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-2760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE DENIAL OF A LICENSE FOR A PRIVATE CHILD DAY CARE CENTER OR HOME; SECTION 20-7-2880, RELATING TO APPEALS FROM THE WITHDRAWAL OF A STATEMENT OF REGISTRATION FOR A CENTER OR HOME SECTION 20-7-2920, RELATING TO INJUNCTIONS AGAINST A CHURCH OR RELIGIOUS CENTER OR HOME AND SECTION 20-7-2940, RELATING TO APPEALS FROM THE SUSPENSION OF REGISTRATION FOR A CHURCH OR RELIGIOUS CENTER OR HOME, SO AS TO PROVIDE FOR APPEALS TO AND INJUNCTIONS IN THE FAMILY COURT INSTEAD OF CIRCUIT COURT AND PROVIDE FOR THE STANDARD OF REVIEW.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 242 -- Senators Hayes, Helmly, Bryan, Pope, Passailaigue, Stilwell, Nell W. Smith, Moore, Wilson, Courson, Macaulay, Giese, Drummond, Williams, J. Verne Smith, Hinson, Mitchell, Thomas, Patterson, Lourie, Fielding, Long, Peeler, Setzler, Lee, Matthews, McLeod, Hinds, O'Dell, Waddell, Martschink, Shealy, Saleeby, Gilbert, Mullinax, Leventis, Rose, McGill, McConnell, Horace C. Smith and Leatherman: A BILL TO AMEND SECTIONS 44-43-120, 44-43-130, 44-43-140, AND 44-43-150, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DONATION OF EYES, SO AS TO AUTHORIZE THE SOUTH CAROLINA LIONS EYE BANK TO MAKE DETERMINATIONS RELATING TO THE REMOVAL, PROCESSING, DISTRIBUTION, AND USE OF EYES DONATED FOR SIGHT RESTORATION.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 506 - Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF SOCIAL SERVICES, RELATING TO COMPLAINTS OF DISCRIMINATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 999, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 561 -- Senators Nell W. Smith, Moore and Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1897 SO AS TO PROVIDE FOR THE ADOPTION AND BIRTH PARENT SERVICES PROGRAM WITHIN THE DEPARTMENT OF SOCIAL SERVICES TO BE THE ONLY PUBLIC ADOPTION PROGRAM IN SOUTH CAROLINA.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 64 -- Senator Land: A BILL TO AMEND SECTION 58-31-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE PUBLIC SERVICE AUTHORITY, SO AS TO INCLUDE THE COUNTY OF SUMTER AS ONE OF THE COUNTIES IN WHICH THE PUBLIC SERVICE AUTHORITY MAY ACQUIRE OR PURCHASE OR CONSTRUCT, OPERATE, AND MAINTAIN STRUCTURES AND FACILITIES IN THE TREATMENT AND DISTRIBUTION OF WATER FOR INDUSTRIAL, COMMERCIAL, OR AGRICULTURAL PURPOSES AND ACQUIRE, TREAT, TRANSMIT, DISTRIBUTE, AND SELL WATER AT WHOLESALE.
Ordered for consideration tomorrow.
Rep. MOSS, from the Committee on Medical, Military, Public and Municipal Affairs, submitted a favorable report, on:
S. 497 -- Senators Nell W. Smith, Moore and Hayes: A BILL TO AMEND SECTION 20-7-2379, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF DIRECTORS FOR REVIEW OF FOSTER CARE OF CHILDREN, SO AS TO PROVIDE FOR BOARD MEMBERS TO RECEIVE SUBSISTENCE.
Ordered for consideration tomorrow.
The following was introduced:
H. 3957 - Reps. Hayes, Foster, Kirsh, Nesbitt and Short: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE CROOK G. STAFFORD OF ROCK HILL IN YORK COUNTY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 701 -- Senator Mullinax: A CONCURRENT RESOLUTION TO CONGRATULATE THE WESTSIDE HIGH SCHOOL GIRLS' BASKETBALL TEAM UPON WINNING THE CLASS AAA STATE CHAMPIONSHIP AND TO RECOGNIZE COACH WILLIAM ROBERTS FOR LEADING HIS TEAM TO VICTORY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 702 -- Senators Martschink, McConnell, Fielding and Passailaigue: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO NANCY D. HAWK OF CHARLESTON IN CHARLESTON COUNTY ON BEING NAMED SOUTH CAROLINA MOTHER OF THE YEAR FOR 1989.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 703 -- Senators Mitchell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE SECRETARY OF DEFENSE, THE SECRETARIES OF THE ARMY, NAVY, AND AIR FORCE AND THE CONGRESS TO DECLARE WAR ON ILLICIT DRUG TRAFFICKING AND TO MOBILIZE THE ARMED FORCES TO RID THE UNITED STATES OF THE DESPICABLE, LOATHSOME, ILLICIT DRUG CATASTROPHE.
The Concurrent Resolution was ordered referred to Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 3958 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 916, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3959 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT, RELATING TO FISHING IN LAKE JOCASSEE AND LAKE RICHARD B. RUSSELL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1117, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3960 - Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX: GENERAL REQUIREMENTS FOR RATIO STUDY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3961 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO LICENSE TAX MOTOR FUEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1003, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 3962 -- Rep. Huff: A BILL TO ENACT THE BOILER AND UNFIRED PRESSURE VESSEL INSPECTION ACT.
Referred to Committee on Labor, Commerce and Industry.
H. 3963 -- Reps. Hayes, Kirsh, Foster and Nesbitt: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "PARDON", SO AS TO PROVIDE THAT A PARDON OF A CONVICTION DOES NOT PRECLUDE THE CONVICTION RECORD FROM BEING CONSIDERED AS A PRIOR OFFENSE UNDER A STATUTE INCREASING THE PENALTY FOR A SUBSEQUENT OFFENSE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 3964 -- Reps. Hole, J. Bailey, Barber, Hallman, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: A BILL TO PROVIDE FOR THE TAX MILLAGE TO BE LEVIED IN CHARLESTON COUNTY FOR FISCAL YEAR 1989-90 FOR CERTAIN LOCAL SUBDIVISIONS, AGENCIES, AND COMMISSIONS OF THE COUNTY, AND TO PROVIDE FOR THE TOTAL OPERATING BUDGETS OF THESE SUBDIVISIONS, AGENCIES, AND COMMISSIONS FOR FISCAL YEAR 1989-90.
On motion of Rep. HOLT, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 380 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO SHELLFISH, DESIGNATED AS REGULATION DOCUMENT NUMBER 916, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
S. 456 -- Senators Wilson, Shealy and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-21-85 SO AS TO AUTHORIZE A CIRCUIT JUDGE TO ORDER THAT JURY SELECTION IN A CRIMINAL CASE BE CONDUCTED IN ANOTHER COUNTY AND THE JURY, WHEN SELECTED, BE TRANSPORTED FOR THE DURATION OF THE TRIAL TO THE COUNTY IN WHICH THE TRIAL OCCURS.
Referred to Committee on Judiciary.
S. 536 -- Senators Lourie, Nell W. Smith, Leventis, Giese, Land, Fielding, Mitchell, Horace C. Smith, Saleeby, Pope, Setzler, Hinson, J. Verne Smith, Courson, Drummond, Rose and Passailaigue: A BILL TO AMEND SECTION 8-11-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTIFICATION OF THE SOUTH CAROLINA EMPLOYMENT SECURITY COMMISSION AND THE RECRUITMENT SECTION, DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD, OF JOB VACANCIES IN STATE GOVERNMENT OFFICES, AGENCIES, DEPARTMENTS, DIVISIONS, AND OTHER BRANCHES SO AS TO PROVIDE THAT NOTIFICATION OF VACANCIES IN CLASSIFIED POSITIONS MUST BE REPORTED AT LEAST SEVEN WORKING DAYS PRIOR TO HOLDING INTERVIEWS TO FILL THE POSITIONS AND TO FURTHER PROVIDE FOR THE INFORMATION WHICH MUST BE CONTAINED IN SUCH NOTIFICATION.
Referred to Committee on Ways and Means.
S. 586 -- Senator Land: A BILL TO AMEND SECTION 50-9-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY PRODUCE ADDITIONAL STAMPS AS COMMEMORATIVE OR COLLECTOR'S ITEMS.
Referred to Committee on Agriculture and Natural Resources.
S. 616 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ATHLETIC TRAINERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1095, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 653 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT TO REDUCE STRINGENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
S. 655 -- Senators Lourie, Bryan, Courson, Fielding, Giese, Lee, Long, O'Dell, Passailaigue, Patterson, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, Stilwell, Thomas, Williams and Wilson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-44 SO AS TO PROVIDE THE PROCEDURE FOR NAMING ROADS, HIGHWAYS, BRIDGES, OR OTHER HIGHWAY FACILITIES UNDER STATE JURISDICTION OR CONTROL, AND TO PROVIDE THAT NAMES REQUESTED TO BE GIVEN THESE ROADS, HIGHWAYS, BRIDGES, OR HIGHWAY FACILITIES BEFORE A CERTAIN DATE WHERE THE DEDICATION HAS NOT TAKEN PLACE ARE VOID AND MUST BE RENAMED AS PROVIDED IN THIS SECTION.
Referred to Committee on Education and Public Works.
S. 674 -- Senator Mullinax: BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF 76, INC., IN ANDERSON COUNTY.
On motion of Rep. TOWNSEND, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. HOLT, with unanimous consent, it was ordered that H. 3964 be read the second time tomorrow.
Rep. CORK moved to reconsider the vote whereby the following House Resolution was tabled, which was agreed to.
H. 3494 -- Reps. McAbee, Cork, Corning, Burch, Rama, L. Martin, H. Brown, McCain, G. Bailey, Sharpe, White, Haskins, Wells, Neilson, Corbett, Keesley, Barfield, Washington, McTeer, P. Harris, Kirsh, Wilkins, Taylor, Stoddard, Carnell, T.C. Alexander, Beasley, Harvin, Farr, Glover, McGinnis, Wofford, Chamblee, Mattos, Baker, Keegan, J.C. Johnson, Vaughn, Fant, Davenport, Phillips, J. Williams, Littlejohn and Jaskwhich: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.
Rep. CORK moved to reconsider the vote whereby the following Concurrent Resolution was tabled, which was agreed to.
S. 369 -- Senators Long, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, 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, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on April 20, 1989.
Larry Gentry Roland S. Corning Larry Koon John G. Fetter
LEAVE OF ABSENCE
The SPEAKER granted Rep. D. WILLIAMS a leave of absence for the day to attend to personal business concerning his house burning last night.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3509 -- Rep. Fetter: A BILL TO AMEND ARTICLE 2, CHAPTER 7, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEDICAID NURSING HOME PERMITS, SO AS TO PROVIDE FOR MEDICARE PATIENT DAYS AND DELETE THE NURSING HOME VIOLATION FOR EXCEEDING THE NUMBER OF PERMITTED MEDICAID PATIENT DAYS.
H. 3659 -- Reps. Waites, Faber, McBride, Whipper, Farr, Jaskwhich, Manly, Barber, Davenport, Ferguson, McLeod, Taylor, M.O. Alexander, J. Bailey, Rhoad, Washington, McKay, Felder, Neilson, Glover, Moss, T.C. Alexander, Quinn, Burch, Wilder, Vaughn, R. Brown, Elliott, T. Rogers, Cole, Littlejohn, Phillips, Foster, Snow, Altman and J. Rogers: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HOMELESSNESS IN THIS STATE, AND TO PROVIDE FOR THE MEMBERSHIP, DUTIES, AND RESPONSIBILITIES OF THE TASK FORCE.
H. 3378 -- Rep. Hayes: A BILL TO AMEND SECTION 23-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MAINTENANCE OF CERTAIN PUBLIC RECORDS IN SEPARATE BOOKS BY THE SHERIFF, SO AS TO AUTHORIZE THE SHERIFF TO MAINTAIN THESE RECORDS IN A COMPUTER SYSTEM OR TRANSFER THEM TO A MICROFILM SYSTEM INSTEAD OF BEING KEPT IN SEPARATE BOOKS.
H. 3119 -- Rep. White: A BILL TO AMEND CHAPTER 7, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BARBERS AND BARBERING, BY ADDING SECTION 40-7-19 SO AS TO PROVIDE THAT THE AMOUNTS OF ALL FEES PROVIDED FOR UNDER THIS CHAPTER MUST BE ESTABLISHED BY THE STATE BOARD OF BARBER EXAMINERS BY REGULATION; AND TO AMEND SECTIONS 40-7-25, 40-7-100, 40-7-115, 40-7-160, 40-7-170, 40-7-180, AND 40-7-300, RELATING TO BARBERS AND BARBERING, SO AS TO REMOVE REFERENCES TO SPECIFIC AMOUNTS OF FEES, DELETE THE PROVISION THAT FEES MAY NOT BE INCREASED BY THE BOARD, AND PROVIDE REFERENCE TO FEES IN AMOUNTS ESTABLISHED BY THE BOARD BY REGULATION.
The following Bill was taken up.
H. 3224 -- Reps. J. Brown, Washington, Felder, J. Bailey, White, D. Martin, Harvin, Glover, K. Bailey, Taylor, McBride, Davenport, Altman, Mattos, Gordon, Fant and G. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-17-45 SO AS TO REQUIRE: A RETAIL DEALER IN MOBILE HOMES TO CERTIFY THAT THE PURCHASER'S LOT MEETS APPLICABLE ZONING REQUIREMENTS AND APPLICABLE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGULATION FOR WELLS AND SEPTIC TANKS AND TO PROVIDE THAT A CONTRACT OF SALE NOT CONTAINING THE CERTIFICATE IS VOIDABLE BY THE PURCHASER.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, April 18, by Reps. G. BAILEY and J. BROWN.
Rep. G. BAILEY explained the amendment.
The amendment was then adopted.
Reps. HODGES and L. MARTIN proposed the following Amendment No. 3 (Doc. No. 3784U).
Amend the amendment, as and if amended, in Section 31-17-45, page 1, last line of page, by striking /certificates/ and Inserting /documentation/.
Amend further in Section 31-17-45(2), page 2, line B, by inserting after /both./ /The responsibility for obtaining the documentation required by this section and any costs associated with it must be borne by the purchaser./
Amend title to conform.
Rep. HODGES explained the amendment.
Rep. KLAPMAN moved to adjourn debate upon the Bill until Tuesday, April 25, which was adopted.
The following Bill was taken up.
H. 3577 -- Rep. Davenport: A BILL TO AMEND SECTION 23-45-160, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SMOKE DETECTORS IN APARTMENT HOUSES, SO AS TO REQUIRE THEM TO BE INSTALLED IN EVERY RENTED DWELLING.
Debate was resumed on Amendment No. 1, which was proposed on Tuesday, April 18, by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. LOCKEMY explained the amendment.
Reps. KLAPMAN, ELLIOTT and BLACKWELL objected to the Bill.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 3185 -- Rep. Waldrop: A BILL TO AMEND SECTION 11-5-230, CODE OF LAWS OF SOUTH CAROLlNA, 1976, RELATING TO THE ESTABLISHMENT OF A CONTINUING ACCOUNT UNDER THE STATE TREASURER FOR THE PURPOSE OF PROVIDING STATE MATCHING DISASTER ASSISTANCE FUNDS WHEN REQUIRED BY THE FEDERAL ENTITY PROVIDING THE FUNDS, SO AS TO PROVIDE THAT THE DISASTER ASSISTANCE MATCHING FUNDS IN THE ACCOUNT MAY ALSO BE USED TO COVER THOSE INDIVIDUAL AND FAMILY GRANT (IFG) PROGRAM ADMINISTRATIVE EXPENSES WHICH EXCEED THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA) ADMINISTRATIVE EXPENSE ALLOWANCE.
H. 3283 -- Rep. McAbee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-144 SO AS TO AUTHORIZE THE BUDGET AND CONTROL BOARD TO PROVIDE HEALTH AND DENTAL INSURANCE COVERAGE TO REGIONAL TOURISM PROMOTION COMMISSIONS UNDER THE STATE HEALTH INSURANCE PLAN.
H. 3529 -- Reps. Kirsh, Nesbitt and Foster: A JOINT RESOLUTION TO AUTHORIZE A COUNTY TO EXHAUST ITS SUPPLY OF REASSESSMENT FORMS BEFORE USING THE FORMS REQUIRED UNDER THE PROVISIONS OF SECTION 12-43-300, CODE OF LAWS OF SOUTH CAROLINA, 1976, WITH AN EXCEPTION THAT WOULD PROHIBIT THE COUNTY FROM USING THESE FORMS WHICH DO NOT COMPLY WITH THE PROVISIONS OF THAT CODE SECTION AFTER DECEMBER 31, 1990.
S. 434 - Senators Setzler and Waddell: A JOINT RESOLUTION TO PROVIDE THAT THE ESTATE, HEIRS, OR BENEFICIARIES OF CLASSIFIED STATE EMPLOYEES WHO WERE EMPLOYED ON JUNE 1, 1988, AND WHO DIED AFTER JUNE 1, 1988, BUT BEFORE DECEMBER 1, 1988, ARE ENTITLED TO THE THREE HUNDRED SIXTY-FIVE DOLLAR LUMP SUM PAYMENT AUTHORIZED IN THE 1988-89 GENERAL APPROPRIATIONS BILL, AND TO PROVIDE FOR THE MANNER IN WHICH AND PROCEDURES UNDER WHICH THESE PAYMENTS MUST BE MADE.
H. 3341 -- Rep. Hayes: A BILL TO AMEND SECTION 56-5-5630, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NOTICE REQUIRED TO BE GIVEN TO OWNERS AND LIENHOLDERS BY A SHERIFF OR CHIEF OF POLICE WHEN AN ABANDONED MOTOR VEHICLE HAS BEEN TAKEN INTO CUSTODY, SO AS TO AUTHORIZE THE NOTICE TO BE SENT BY CERTIFIED MAIL IN ADDITION TO REGISTERED MAIL.
Rep. HAYES explained the Bill.
S. 269 -- Judiciary Committee: A BILL TO AMEND SECTION 15-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CANCELLATION OF NOTICE OF LIS PENDENS, SO AS TO PROVIDE THAT A NOTICE OF LIS PENDENS MAY BE CANCELLED WITHOUT A COURT ORDER BY THE PERSON WHO FILED THE ACTION.
Rep. WILKINS explained the Bill.
Rep. WALDROP asked unanimous consent that H. 3185 be read a third time tomorrow.
Rep. KLAPMAN objected.
On motion of Rep. McABEE, with unanimous consent, it was ordered that H. 3283 be read the third time tomorrow.
On motion of Rep. KIRSH, with unanimous consent, it was ordered that H. 3529 be read the third time tomorrow.
On motion of Rep. McLELLAN, with unanimous consent, it was ordered that S. 434 be read the third time tomorrow.
The following Bill was taken up.
H. 3646 -- Reps. Waites, Mattos, White, Washington, Harvin, Littlejohn, J. Bailey, Davenport, Elliott and Keegan: A BILL TO AMEND SECTION 8-21-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DETERMINATION OF PROBATE FEES AND COSTS AND SCHEDULE OF FEES AND COSTS TO BE COLLECTED, SO AS TO REVISE THE PROVISIONS OF THE SECTION, INCLUDING DELETING CERTAIN PROVISIONS AND INCREASING VARIOUS FEES AND COSTS.
Rep. HOLT made the Point of Order that the Bill was improperly before the blouse for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 61 -- Senator Stilwell: A BILL TO AMEND SECTION 12-51-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION OF DELINQUENT PROPERTY TAXES, SO AS TO REQUIRE THE NOTICE OF DELINQUENT TAXES TO BE MAILED TO THE OWNER OF RECORD AT THE BEST ADDRESS AVAILABLE WHICH IS EITHER THE ADDRESS SHOWN ON THE DEED CONVEYING THE PROPERTY TO HIM OR THE PROPERTY ADDRESS.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 216 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR AD VALOREM PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1987 AND 1988 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1989.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 2234U), which was adopted.
Amend the Joint Resolution, as and is amended, by striking SECTION 2, page 1, lines 28 and 29, and inserting:
/SECTION 2. The time for the filing of applications for the exemption of property taxes required by Section 12-3-145 of the 1976 Code for all property of a local farmer-owned nonprofit marketing authority for taxable years 1980 through 1988 is extended until July 1, 1989.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. KIRSH proposed the following Amendment No. 2 (Doc. No. 3833U), which was adopted.
Amend the Joint Resolution, as and if amended, in SECTION 1, line 25, by striking /and 1988/ and inserting /, 1988, and 1989/.
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILDER, with unanimous consent, it was ordered that S. 216 be read the third time tomorrow.
The following Bill was taken up.
H. 3704 -- Reps. Wilkins, Keesley, J. Rogers, McLellan, Huff, R. Brown, Moss, Bennett, Beasley, Gentry, Hayes, Clyborne, Hodges, Tucker, Wilder, Hendricks, Corning, Barber, Haskins, Rudnick, T.M. Burriss, Rama, Harvin, Jaskwhich, Davenport, Corbett, Vaughn, Hearn, Keegan, Wells, H. Brown, Wofford, Fair, J.W. Johnson, Littlejohn, P. Harris, M.O. Alexander, T. Rogers, Winstead, Mappus, Kay, Manly, Kohn, McAbee, Fant and L. Martin: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES INCLUDING THE AUTHORITY TO PROMULGATE ADVISORY SENTENCING GUIDELINES FOR THE CIRCUIT COURTS OF THIS STATE.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
Rep. WILKINS explained the Joint Resolution.
Rep. WASHINGTON made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3668 -- Rep. Wilkins: A BILL TO AMEND SECTION 16-3-1130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM'S COMPENSATION FUND, SO AS TO REQUIRE THE DEPUTY DIRECTOR OF THE FUND TO ISSUE A WRITTEN DECISION REGARDING A CLAIM AND FURNISH THE CLAIMANT WITH A COPY; TO AMEND SECTION 16-3-1210, RELATING TO PERSONS ELIGIBLE FOR AWARDS FROM THE FUND, SO AS TO ALLOW RESIDENTS OF THIS STATE TO FILE FOR BENEFITS IF INJURED BY A CRIME COMMITTED OUT OF STATE AND TO REDUCE THE AWARD BY AMOUNTS PAID BY THE OTHER STATE; TO AMEND SECTION 16-3-1220, RELATING TO PERSONS INELIGIBLE FOR AWARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS; TO AMEND SECTION 16-3-1230, RELATING TO CLAIMS FILED ON BEHALF OF MINORS OR INCOMPETENTS AND THE TIME LIMITATIONS FOR FILING CLAIMS, SO AS TO REVISE AND FURTHER PROVIDE FOR THESE TIME LIMITATIONS AND TO CHANGE THE NAME OF THE SOUTH CAROLINA VICTIM'S COMPENSATION FUND TO THE STATE OFFICE OF VICTIM ASSISTANCE AND TO CHANGE THE NAME OF THE SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD TO THE SOUTH CAROLINA ADVISORY BOARD FOR VICTIM ASSISTANCE EFFECTIVE JULY 1, 1989.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 224 -- Judiciary Committee: A BILL TO REPEAL SECTION 8-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, WHICH REQUIRES AN ADDITIONAL OATH FOR COUNTY OFFICERS WITH REGARD TO SHARING PROFITS.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 388 - Senators Shealy, Setzler and Wilson: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CREATION, MEMBERSHIP, AND POWERS OF BOARDS OF ZONING APPEALS, SO AS TO INCREASE THE MAXIMUM NUMBER OF BOARD MEMBERS FROM SEVEN TO NINE.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3452 -- Reps. Harvin, T. Rogers, McBride, Snow, Mappus, Rama, Hallman, Wilkes, Corning, Kohn, White, Keegan, McKay, Haskins, Farr, Phillips, Barfield and Neilson: A BILL TO AMEND SECTION 11-35-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PURCHASING PROCEDURES UNDER THE PROCUREMENT CODE, SO AS TO PROVIDE THAT GOVERNMENTAL BODIES EXEMPTED FROM THE PURCHASING PROCEDURES SHALL PURCHASE SOUTH CAROLINA PRODUCED AND PROCESSED PRODUCTS WHENEVER FEASIBLE AND IF THEY CHOOSE TO USE BIDDING PROCEDURES GOVERNED BY THE PROCUREMENT CODE THAT THE PROVISIONS OF SECTION 11-35-1520(9) APPLY IF THERE ARE TIE BIDS OR BIDS BY SOUTH CAROLINA VENDORS WHICH ARE WITHIN PERCENTAGES OF THE HIGH BID.
Rep. WILKINS made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3272 -- Reps. Rudnick, Harvin, Holt, G. Brown, Klapman and Burch: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-3-321 SO AS TO PROVIDE THAT WHEN A MORTGAGEE OR ASSIGNEE OF A MORTGAGE IS A FINANCIAL INSTITUTION IT IS RESPONSIBLE FOR RECORDING THE SATISFACTION OR CANCELLATION OF THE MORTGAGE IT HOLDS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2836U).
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 29-3-321. When a mortgagee or assignee of a mortgage is a financial institution, it is responsible for recording the satisfaction or cancellation of the mortgage it holds. The financial institution may charge a reasonable fee to cover the cost for recording the satisfaction or cancellation.
In the event the financial institution fails to record the satisfaction or cancellation within thirty days of receipt of the full amount necessary to satisfy the debt or obligation secured by the mortgage, it must pay to the mortgagor upon demand a penalty in the amount of one hundred dollars or in the alternative the mortgagor is entitled to the remedies provided by Sections 29-3-310 and 29-3-320 if these sections apply. However, a violation of this section is not considered to be a violation of Sections 29-3-310 and 29-3-320. Failure to pay this one hundred dollar penalty within ten days after demand subjects the financial institution to additional penalties of one hundred dollars for each ten days or portion thereof the penalty remains unpaid after receipt of demand."
SECTION 2. The provisions of Section 29-3-321 of the 1976 Code apply to mortgages, where the mortgagee or assignee is a financial institution, which are satisfied or cancelled on or after January 1, 1990.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for Consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3300 -- Reps. Rudnick, Harvin, Whipper, Keegan and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-13-45 SO AS TO REQUIRE COUNTY PARTY CHAIRMEN TO DESIGNATE A PUBLIC PLACE AND STAFF IT DURING REGULAR HOURS DURING THE FILING PERIOD IN GENERAL ELECTION YEARS FOR THE RECEIPT FOR FILINGS AND TO REQUIRE THE CHAIRMAN TO NOTIFY THE PUBLIC OF THE DATES, TIME, AND PLACE WHERE CANDIDATES MAY FILE BY PLACING AN ADVERTISEMENT IN A NEWSPAPER OF GENERAL CIRCULATION IN THE COUNTY TWO WEEKS BEFORE THE FILING PERIOD.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2628U).
Amend the bill, as and if amended, by striking items (1) and (2) of Section 7-13-45, as contained in SECTION 1, and inserting:
/(1) designate a specified place other than a private residence where persons may file as candidates;
(2) establish regular hours of not less than four hours a day during the final seventy-two hours of the filing period in which he or some person he designates must be present at the designated place to accept filings;/
Amend title to conform.
Rep. WILKINS explained the amendment.
Rep. BLANDING made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3456 -- Reps. M.D. Burriss and T. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-23-55 SO AS TO PROVIDE A PROCEDURE FOR HOLDING, ADVERTISING, AND RETURNING A PISTOL TO THE PERSON WHO FOUND AND TURNED THE PISTOL IN TO A LAW ENFORCEMENT AGENCY.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 2558U).
Amend the bill, as and if amended, in Section 16-23-55(C), as contained in SECTION 1, line 4, by striking /may/ and inserting /shall/ and, line 7, by inserting after /law/ /and pays all advertising and other costs incidental to returning the pistol/. When amended Section 16-23-55(C) shall read:
/(C) After the ninety days have elapsed from publication of the first advertisement, and upon request of the individual who found and turned over the pistol, the agency shall return the pistol to this person if the individual fully completes the application process as described in Section 23-31-140 and in federal law and pays all advertising and other costs incidental to returning the pistol. No pistol may be returned until the individual fully completes the application.
Amend title to conform.
Rep. WILKINS 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. WILKINS having the floor.
The SPEAKER granted Rep. ALTMAN a temporary leave of absence to attend a Highway Commission meeting.
Rep. J. ROGERS withdrew his objection to the following Bill whereupon an objection was raised by Rep. CORNING.
H. 3088 -- Reps. Taylor, D. Martin, Clyborne, White and Corning: A BILL TO AMEND SECTIONS 7-13-35, AS AMENDED, 7-13-40, AS AMENDED, 7-13-50, AS AMENDED, 7-13-60, 7-13-70, AS AMENDED, 7-13-610, 7-13-830, AS AMENDED, 7-16-450, 7-17-510, 7-17-520, 7-17-530, 7-17-540, 7-17-550, 7-17-560, 7-17-570, AND 7-25-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTIONS, SO AS TO PROVIDE THAT PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE RESPECTIVE COUNTY ELECTION COMMISSIONS, AND PROVIDE FOR HEARING AND DECIDING PROTESTS AND CONTESTS THAT MAY ARISE IN THE CASE OF MEMBERS OF THE STATE HOUSE OF REPRESENTATIVES AT THE STATE LEVEL RATHER THAN AT THE COUNTY LEVEL; TO AMEND ARTICLE 5, CHAPTER 13, TITLE 7, RELATING TO BALLOTS FOR PRIMARY ELECTIONS, BY ADDING SECTION 7-13-611 SO AS TO PROVIDE FOR THE ARRANGEMENT OF EVERY "OFFICIAL COUNTY BALLOT" AND OF EVERY "OFFICIAL STATE BALLOT"; TO PROVIDE THAT NOTHING IN THIS ACT OR ANY OTHER PROVISION OF LAW MAY BE CONSTRUED AS PROHIBITING POLITICAL PARTIES FROM CONDUCTING PRESIDENTIAL PREFERENCE PRIMARIES; TO PROVIDE THAT, IN THE CASE OF ANY COUNTY WHICH OPERATES ITS ELECTIONS THROUGH AN ELECTION AND REGISTRATION COMMISSION COMPOSED OF SEVEN MEMBERS, THE STRUCTURE AND COMPOSITION ARE NOT AFFECTED OR CHANGED BY THE PROVISIONS OF THIS ACT; TO REPEAL SECTIONS 7-9-110, RELATING TO PERMITTING COUNTY POLITICAL PARTY COMMITTEES TO ESTABLISH A COUNTY PARTY ELECTION COMMISSION FOR CERTAIN PURPOSES, AND 7-13-90, RELATING TO THE APPOINTMENT OF MANAGERS OF PRIMARIES; AND TO PROVIDE THAT CERTAIN PRIMARIES, EXCEPT MUNICIPAL PRIMARIES, MUST BE CONDUCTED BY THE STATE ELECTION COMMISSION AND THE COUNTY ELECTION COMMISSIONS ON THE SECOND TUESDAY IN JUNE OF EACH GENERAL ELECTION YEAR.
Rep. SHARPE withdrew his objection to H. 3626 however, other objections remained upon the Bill.
Rep. SHARPE withdrew his objection to H. 3748 however, other objections remained upon the Bill.
Rep. McEACHIN withdrew his objection to H. 3120.
Reps. HODGES, KLAPMAN and SMITH withdrew their objections to H. 3626.
Rep. KLAPMAN withdrew his objection to H. 3748 however, other objections remained upon the Bill.
Rep. SIMPSON withdrew his objection to H. 3314.
Rep. BLACKWELL withdrew his objection to H. 3577.
Rep. GLOVER withdrew her objection to the following Bill whereupon an objection was raised by Rep. FABER.
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION; AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE" ABORTIONS, DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. FABER withdrew his objection to the following Bill whereupon an objection was raised by Rep. CORNING.
H. 3122 -- Reps. Hayes, Fair, Huff, Haskins, McCain, Felder, Beasley, Corning, Sturkie, Davenport, Wells, Cole, Littlejohn, Lanford, Corbett, Wright, Rama, McGinnis, L. Martin, McElveen, Derrick, Koon and Klapman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 44-41-31 THROUGH 44-41-38 SO AS TO PROVIDE REQUIREMENTS THAT MUST BE FOLLOWED BEFORE PERFORMING AN ABORTION UPON A MINOR AND TO PERMIT A MINOR TO PETITION THE FAMILY OR CIRCUIT COURT FOR AN ORDER GRANTING AN ABORTION AND TO AMEND SECTIONS 44-41-10, 44-41-30, AND 44-41-70, RELATING TO ABORTIONS, SO AS TO DEFINE "MINOR" AND "EMANCIPATED MINOR", REDEFINE "ABORTION", DELETE PROVISIONS RELATING TO WHAT CONSTITUTES CONSENT FROM CERTAIN PERSONS BEFORE THE PERFORMANCE OF AN ABORTION, AND PROVIDE PENALTIES FOR VIOLATIONS.
Rep. RAMA withdrew his objection to the following Bill whereupon an objection was raised by Rep. WASHINGTON.
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.
Rep. E.B. McLEOD, with unanimous consent, made the following statement:
I would like to state that I do not object to H. 3119. I was not in Chamber during withdrawal of objections.
Rep. HUFF asked unanimous consent to recall H. 3699 from the Committee on Judiciary.
Rep. KLAPMAN objected.
Rep. SNOW asked unanimous consent to have the following committee report read across the desk, which was agreed to.
Rep. BENNETT, from the Committee on Agriculture and Natural Resources, submitted a favorable report, on:
H. 3888 -- Reps. Snow, Barfield, G. Brown, Bruce and Smith: A BILL TO AMEND SECTIONS 40-77-250, 40-77-260, 40-77-270, AND 40-77-290, CODE OF LAWS OF SOUTH CAROLINA, 1978, RELATING TO GEOLOGISTS, SO AS TO CHANGE QUALIFICATIONS FOR CERTIFICATION OF GEOLOGISTS AND GEOLOGISTS-IN-TRAINING AND THE ISSUANCE AND RENEWAL OF CERTIFICATES AND RENEWAL OF REGISTRATION CARDS AND TO REPEAL SECTION 40-77-170 RELATING TO ELIGIBILITY FOR RECOGNITION IN A SPECIALTY.
Ordered for consideration tomorrow.
Rep. WILKINS asked unanimous consent to recall H. 3699 from the Committee on Judiciary.
Rep. BRUCE objected.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3259 -- Reps. Snow, Bruce, G. Brown and Barfield: A BILL TO AMEND SECTIONS 39-11-100, 39-11-130, AND 39-11-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DUTIES OF PUBLIC WEIGHMASTERS, SO AS TO PROVIDE THAT A WEIGHMASTER STAMP IS REQUIRED ONLY AT A CUSTOMER'S REQUEST, TO DELETE THE AUTHORITY OF THE COMMISSIONER OF AGRICULTURE TO FORFEIT A WEIGH MASTER'S BOND, AND TO PROVIDE ADDITIONAL REMEDIES FOR THE COMMISSIONER IN REGULATING WEIGHMASTERS, INCLUDING INJUNCTIONS AND CIVIL PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 46-41-30 AND 46-41-50, RELATING TO DEALERS IN AGRICULTURAL PRODUCTS, SO AS TO DELETE REFERENCES TO THE AFFIDAVITS REQUIRED BY MILLERS; AND TO REPEAL SECTION 39-11-70 RELATING TO THE BOND OF PUBLIC WEIGHMASTERS AND SECTION 46-41-25 RELATING TO MILLERS.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 3 (Doc. No. 0087R), which was adopted.
Amend the bill, as and if amended, in Section 39-41-260 of the 1976 Code, as contained in SECTION 5, by striking /State Fire Marshall/ on line 30 of page 3 and inserting /State Fire Commission/, so that when amended the section will read:
"Section 39-41-260. Petroleum products may be stored above ground. The State Fire Commission shall promulgate regulations necessary to carry out the provisions of this section."
Amend title to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Senate Amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
Rep. KIRSH moved to adjourn debate upon the following Bill until Wednesday, April 26, which was adopted.
H. 3053 -- Reps. Kirsh and Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-3885 SO AS TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A MOTOR VEHICLE IN THIS STATE WHICH HAS AFFIXED TO IT AN OBSCENE BUMPER STICKER AND TO PROVIDE PENALTIES FOR VIOLATION.
Debate was resumed in the Motion Period, the pending question being consideration of the first substitute motion to recall H. 3618 from the Agriculture and Natural Resources Committee.
As a second substitute Rep. WINSTEAD moved to recall H. 3245 from the Agriculture and Natural Resources Committee.
Rep. SHARPE moved to table the motion.
Rep. HOLT demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Bailey, K. Barfield Baxley Bennett Bruce Clyborne Corbett Davenport Faber Farr Ferguson Gentry Hallman Hayes Hodges Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keyserling Lanford Littlejohn Manly Mattos McBride McEachin McLellan McTeer Nettles Phillips Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Simpson Snow Waites Wells Wilkins
Those who voted in the negative are:
Bailey, J. Baker Barber Blanding Brown, G. Brown, H. Burriss, M.D. Chamblee Cooper Cork Corning Elliott Felder Glover Gregory Haskins Hearn Holt Huff Keesley Kirsh Klapman Kohn Koon Limehouse Mappus Martin, D. Martin, L. McAbee McCain McElveen McLeod Moss Nesbitt Rudnick Short Smith Townsend Tucker Vaughn Washington Whipper White Wilder Winstead Wofford Wright
So, the House refused to table the motion. The question then recurred to the motion to recall H. 3245 from the Committee on Agriculture and Natural Resources.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, G. Bailey, J. Baker Barber Baxley Blanding Brown, G. Brown, H. Burriss, M.D. Chamblee Cooper Cork Corning Davenport Derrick Elliott Faber Fair Felder Ferguson Foster Glover Gregory Haskins Hearn Hendricks Holt Huff Jaskwhich Kay Keesley Kirsh Klapman Kohn Koon Limehouse Mappus Martin, D. Martin, L. McAbee McBride McCain McElveen McLeod Moss Nesbitt Phillips Rudnick Short Simpson Smith Snow Taylor Townsend Tucker Vaughn Washington Whipper White Wilder Wilkes Winstead Wofford Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, K. Barfield Beasley Bennett Blackwell Boan Brown, J. Brown, R. Bruce Clyborne Corbett Farr Gentry Hallman Hayes Johnson, J.C. Johnson, J.W. Keegan Keyserling Lanford Littlejohn Manly Mattos McEachin McLellan McTeer Neilson Nettles Quinn Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Waites Wells Wilkins Williams, J.
So, H. 3245 was recalled.
Rep. McABEE moved to dispense with the Motion Period.
As a first substitute Rep. BARFIELD moved to recall H. 3255 from the Education and Public Works Committee.
As a second substitute Rep. McABEE moved to dispense with the balance of the Motion Period.
Rep. BARFIELD demanded the yeas and nays, which were not ordered.
The motion to dispense with the balance of the Motion Period was agreed to by a division vote of 71 to 14.
Rep. HASKINS moved that the House stand at ease until the Ratification of Acts, and upon completion of the Ratification of Acts, the House stand adjourned, which was agreed tn
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolution were duly ratified.
(R86) S. 202 -- Finance Committee: AN ACT 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.
(R87) S. 590 -- Transportation Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, RELATING TO TANDEM TRAILER COMBINATIONS AND OTHER LARGER VEHICLES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1007, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R88) S. 237 -- Senators Lee, Horace C. Smith, Leventis, Thomas, Giese, Setzler, Wilson, Courson, Peeler, Shealy, Stilwell, Pope, Hayes, Saleeby, Patterson, Bryan, Land, Matthews, Drummond, McConnell, Leatherman, Lourie, McLeod and Fielding: AN ACT TO AMEND SECTION 23-11-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VACANCIES IN THE OFFICE OF SHERIFF, SO AS TO PROVIDE THAT THE CHIEF DEPUTY OR SECOND-IN-COMMAND OF THE SHERIFF'S OFFICE SHALL ACT AS SHERIFF UNTIL THE VACANCY IS FILLED, EXCEPT WHEN A VACANCY OCCURS AS A RESULT OF AN INDICTMENT, AND PROVIDE THAT WHILE ACTING AS SHERIFF, THE CHIEF DEPUTY OR SECOND-IN-COMMAND IS SUBJECT TO THE DUTIES AND LIABILITIES INCIDENT TO THE OFFICE OF SHERIFF; TO AMEND SECTION 23-11-50, RELATING TO THE REQUIREMENT THAT THE CORONER SHALL ACT AS SHERIFF DURING A VACANCY, SO AS TO LIMIT THE VACANCY TO ONE OCCURRING AS A RESULT OF THE INDICTMENT OF THE SHERIFF: AND TO REPEAL SECTIONS 23-11-60, 23-11-70, 23-11-80, 23-11-90, AND 23-11-100 RELATING TO THE RESPONSIBILITIES OF THE COUNTY CORONER AND CLERK WHEN THERE IS A VACANCY IN THE OFFICE OF SHERIFF.
(R89) S. 400 -- Finance Committee: AN ACT 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 AMOUNTS FOR SECURITY AND BOND REQUIREMENTS FROM FIFTY THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; TO AMEND SECTION 40-58-80, RELATING TO ORDERS AND PENALTIES ADMINISTERED TO MORTGAGE LOAN BROKERS AND REVOCATION OF REGISTRATION, SO AS TO PROVIDE FOR THE ASSESSMENT OF A MINIMUM FINE OF ONE THOUSAND DOLLARS AND A MAXIMUM FINE OF TWO THOUSAND DOLLARS FOR VIOLATING AN ADMINISTRATOR'S ORDER AND TO PROVIDE THAT THE ADMINISTRATOR MAY INCREASE THE REQUIRED BOND TO A MAXIMUM OF TWENTY-FIVE THOUSAND DOLLARS FOR VIOLATIONS; AND TO AMEND SECTIONS 38-45-20 AND 38-45-30, RELATING TO REQUIREMENTS FOR RESIDENTS AND NONRESIDENTS TO BE LICENSED INSURANCE BROKERS, SO AS TO PROVIDE THAT THE REQUIRED BOND AMOUNTS MAY BE EXECUTED IN THE AMOUNT OF TEN THOUSAND DOLLARS UNTIL MAY 1, 1990.
(R90) S. 492 -- Senator Williams: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOUR HOLES ATHLETIC CLUB, INC., OF ORANGEBURG COUNTY.
(R91) S. 255 -- Senator Williams: AN ACT TO AMEND SECTION 62-3-603, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS OF BOND FOR PERSONAL REPRESENTATIVES IN THE PROBATION OF ESTATES, SO AS TO PROVIDE THAT NO BOND IS REQUIRED IN THE PROBATING OF AN ESTATE WHEN THERE IS A SINGLE BENEFICIARY AND UNDER AN INTESTATE ESTATE WHEN THERE IS ONLY ONE SURVIVING HEIR, AND TO WAIVE THE REQUIREMENT FOR BOND FOR A RESIDENT PERSONAL REPRESENTATIVE APPOINTED UNDER A WILL UNLESS THE WILL CONTAINS AN EXPRESS REQUIREMENT OF BOND.
(R92) H. 3447 -- Reps. Hearn, J.W. Johnson and Lockemy: AN ACT TO AMEND SECTION 42-7-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE WORKERS' COMPENSATION INSOLVENCY FUND AND THE SOURCES OF THIS FUND, SO AS TO PROVIDE THAT THE STATE WORKERS' COMPENSATION INSOLVENCY FUND IS UNDER THE OFFICE OF THE SECOND INJURY FUND, RATHER THAN UNDER THE STATE WORKERS' COMPENSATION FUND, TO PROVIDE THAT STATE WORKERS' COMPENSATION INSOLVENCY FUND MUST BE ADMINISTERED BY THE DIRECTOR OF THE SECOND INJURY FUND, RATHER THAN BY THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, AND TO REQUIRE THE DIRECTOR OF THE SECOND INJURY FUND, RATHER THAN THE DIRECTOR OF THE STATE WORKERS' COMPENSATION FUND, TO ESTABLISH PROCEDURES FOR THE IMPLEMENTATION OF THIS SECTION.
(R93) H. 3510 -- Rep. McLellan: AN ACT 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.
(R94) H. 3355 -- Rep. Black well: AN ACT TO AMEND SECTION 26-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ENDORSEMENTS ON NOTARY PUBLIC APPLICATIONS, SO AS TO PROVIDE AN ADDITIONAL METHOD BY WHICH A COUNTY LEGISLATIVE DELEGATION SHALL ENDORSE THESE APPLICATIONS, AND TO PROVIDE THAT A COUNTY LEGISLATIVE DELEGATION SHALL NOTIFY THE SECRETARY OF STATE IF IT CHOOSES TO UTILIZE THE ALTERNATIVE METHOD.
(R95) H. 3657 -- Reps. Hearn, J.W. Johnson and Lockemy: AN ACT 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 SEVENTY-FIVE DOLLARS, RATHER THAN TWENTY-FIVE DOLLARS, SO LONG AS THIS AMOUNT DOES NOT EXCEED THE EMPLOYEE'S AVERAGE WEEKLY WAGES, AND TO PROVIDE THAT IF THE AMOUNT DOES EXCEED AVERAGE WEEKLY WAGES, THE AMOUNT PAYABLE MAY NOT BE LESS THAN THE EMPLOYEE'S AVERAGE WEEKLY WAGES.
(R96) H. 3779 -- Rep. Farr: AN ACT 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.
(R97) H. 3698 -- Rep. Cork: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF AMERICAN RESEARCH CORPORATION IN BEAUFORT COUNTY.
(R98) H. 3727 -- Rep. Elliott: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF KOOL-A-BREW, INC., IN HORRY COUNTY.
(R99) H. 3014 -- Rep. J. Rogers: AN ACT TO AMEND SECTION 42-9-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION BENEFITS WHEN A DECEASED EMPLOYEE LEAVES NO DEPENDENTS OR PARTIAL DEPENDENTS, SO AS TO PROVIDE THAT IF THE DECEASED EMPLOYEE LEAVES NO DEPENDENTS, THE EMPLOYER SHALL PAY THE COMMUTED AMOUNTS PROVIDED FOR IN SECTION 42-9-290 FOR WHOLE DEPENDENTS, LESS BURIAL EXPENSES WHICH MUST BE DEDUCTED FROM THOSE COMMUTED AMOUNTS, TO HIS SURVIVING NONDEPENDENT CHILDREN AND TO PROVIDE FOR PAYMENT WHEN THERE ARE NO SURVIVING NONDEPENDENT CHILDREN; AND TO AMEND SECTION 42-9-290, AS AMENDED, RELATING TO THE AMOUNT OF WORKERS' COMPENSATION FOR THE DEATH OF AN EMPLOYEE DUE TO AN ACCIDENT, SO AS TO PROVIDE THAT IF A STUDENT'S FULL-TIME ENROLLMENT IN AN ACCREDITED EDUCATIONAL INSTITUTION ENDS, THE CHILD NO LONGER IS CONSIDERED A DEPENDENT, RATHER THAN PROVIDE THAT BENEFITS TERMINATE PERMANENTLY, AND PROVIDE THAT WHEN ALL THE DECEASED EMPLOYEE'S CHILDREN ARE NO LONGER DEPENDENT, THE REMAINDER OF THE BENEFITS MUST BE DIVIDED EQUALLY AMONG ALL THE CHILDREN.
(R100) H. 3209 -- Reps. Hearn, J.W. Johnson and Lockemy: AN ACT TO AMEND SECTION 42-9-230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DATE ON WHICH WORKERS' COMPENSATION PAYABLE UNDER THE TERMS OF AN AGREEMENT BECOMES DUE, SO AS TO PROVIDE THAT INSTALLMENTS PAID WEEKLY MUST BE PAID ON THE SAME DAY OF THE WEEK, INSTALLMENTS PAID MONTHLY MUST BE PAID ON THE SAME DAY OF THE MONTH, AND INSTALLMENTS PAID ON SOME PERIOD OTHER THAN WEEKLY OR MONTHLY MUST BE PAID ON THE SAME DAY OF EACH PERIOD.
(R101) H. 3041 -- Reps. Wilkins, T.M. Burriss, Wright, Barfield, Short, Taylor, Beasley, McBride, Sharpe, J. Brown, Bruce, Davenport, Tucker, Derrick, Stoddard, Snow, Kohn, J. Rogers, McAbee, J. Harris, Mattos, P. Harris, J.W. Johnson, Winstead, Washington, Klapman, Gregory, Moss, Boan, Carnell, G. Bailey, Koon, McLeod, Barber, White, McKay, McEachin, J.C. Johnson, Huff, Limehouse, Harwell, Waldrop, Waites, Mappus, Wofford and Rama: AN ACT TO AMEND ARTICLE 1, CHAPTER 23, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL AND TO CERTAIN REQUIRED TRAINING OF LAW ENFORCEMENT OFFICERS, SO AS TO PROVIDE THAT CORRECTIONAL OFFICERS AND OTHER PERSONNEL EMPLOYED BY THE DEPARTMENT OF CORRECTIONS MAY BE TRAINED BY THE DEPARTMENT; TO PROVIDE THAT NO LAW ENFORCEMENT OFFICER EMPLOYED OR APPOINTED AFTER JULY 1, 1989, IS EMPOWERED TO ENFORCE THE LAWS OF THIS STATE OR A POLITICAL SUBDIVISION THEREOF UNLESS HE HAS BEEN CERTIFIED AS QUALIFIED BY THE COUNCIL AND TO PROVIDE CERTAIN EXCEPTIONS, TO PROVIDE THE REQUIREMENTS FOR CERTIFICATION AND TRAINING AND FOR THE DURATION OF CERTIFICATION, AND TO PROVIDE EXCEPTIONS; TO INCREASE THE AMOUNTS ADDED TO CRIMINAL AND TRAFFIC FINES AND USED FOR THE PURPOSE OF LAW ENFORCEMENT TRAINING AND OTHER PURPOSES; TO AUTHORIZE THE COUNCIL TO TAKE CERTAIN ACTIONS AGAINST PUBLIC LAW ENFORCEMENT AGENCIES IN VIOLATION OF THIS CHAPTER, INCLUDING THE IMPOSITION OF A CIVIL FINE, AND TO PROVIDE THAT WHERE THIS CIVIL FINE IS IMPOSED UPON A SHERIFF, THE SHERIFF IS RESPONSIBLE FOR ITS PAYMENT.
(R102) H. 3778 -- Reps. Keegan, Elliott and Barfield: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF BURGESS ORGANIZATION FOR THE ADVANCEMENT OF YOUNG PEOPLE, INC., IN HORRY COUNTY.
(R103) H. 3767 -- Rep. Corbett: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JUBILATION HOUSE, INC., IN HORRY COUNTY.
At 11:35 A.M. the House in accordance with the motion of Rep. STODDARD adjourned in memory of the sailors killed in the accident on board the USS Iowa to meet at 10:00 A.M. tomorrow.
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