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:
O Lord God, the Strength of our Lives, when our problems seem insoluble, grant us wisdom beyond our human limitations. Give us the courage to make the hard right decisions rather than easy expediency. Grant us Your guiding light that among the tensions and testings of our lives, we may possess the inner certainty which holds us in undeviating devotion to the right as You have taught us what is right. Be and abide with us that, despite our shortcomings and frailties, we may be channels of Your plans and purposes.
Thank You, Lord, for this privilege of prayer. 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.
Columbia, S.C., May 3, 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. 61:
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.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
Rep. MAPPUS raised the question of a quorum.
A quorum was later present.
Rep. WINSTEAD moved to waive Rule 5.14 on the following Bill, which was agreed to by a division vote of 43 to 0.
H. 3424 -- Reps. Win stead, J. Rogers, Beasley, Clyborne, J.W. Johnson, Felder, Wilkins, Moss, Wofford, McLellan, Washington and D. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-110 SO AS TO PROVIDE FOR THE CRIMES OF DEFRAUDING A FEDERALLY CHARTERED OR INSURED FINANCIAL INSTITUTION AND OBTAINING PROPERTY OF THE INSTITUTION FRAUDULENTLY, DEFINE TERMS, AND PROVIDE PENALTIES.
The Senate amendments to the following Bill were taken up for consideration.
H. 3424 -- Reps. Win stead, J. Rogers, Beasley, Clyborne, J.W. Johnson, Felder, Wilkins, Moss, Wofford, McLellan, Washington and D. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 34-3-110 SO AS TO PROVIDE FOR THE CRIMES OF DEFRAUDING A FEDERALLY CHARTERED OR INSURED FINANCIAL INSTITUTION AND OBTAINING PROPERTY OF THE INSTITUTION FRAUDULENTLY, DEFINE TERMS, AND PROVIDE PENALTIES.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3621 -- Reps. Wastes, T. Rogers, Keyserling, Rudnick, McElveen, Huff, Hayes, Whipper, Washington, Lockemy and G. Bailey: A BILL TO AMEND SECTIONS 8-13-20 AND 8-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ETHICS, SO AS TO CHANGE THE DEFINITION OF "CANDIDATE FOR PUBLIC OFFICE" AND TO PROVIDE ADDITIONAL REQUIREMENTS FOR THE REPORT OF CONTRIBUTIONS AND EXPENDITURES; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 8-13-640, 8-13-650, 8-13-660, 8-13-670, 8-13-680, 8-13-690, 8-13-700, 8-13-710, 8-13-720, AND 8-13-730 SO AS TO REGULATE CAMPAIGN PRACTICES.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, with amendments, on:
H. 3451 -- Reps. Farr, T. Rogers, McBride, Rama, M.D. Burriss, Phillips, Moss, Harwell, Taylor, Wilkes, Littlejohn, T.C. Alexander, J. Brown, Huff, Waldrop, Barfield, D. Williams, Whipper, Glover, Wofford, Keegan, Chamblee, L. Martin, Hodges, Wilder, Blanding, K. Bailey, Snow, Stoddard, Mappus, Winstead, J. Bailey and Wright: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLES AND DELINQUENT REGISTRATION AND LICENSE PENALTIES, SO AS TO PROVIDE FOR THE WAIVER OF THE DELINQUENCY PENALTY FEE OF FIVE DOLLARS IN CASES WHERE THE OWNER DEMONSTRATES THAT HIS PERSONAL ILLNESS WAS THE CAUSE OF HIS FAILURE TO REGISTER AND LICENSE THE VEHICLE AND PAY THE SPECIFIED FEES OR RENEWAL WHEN REQUIRED.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 158 -- Senator McConnell: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK OF MAY 7-13, 1989, AS SOUTHERN HISTORY WEEK CELEBRATING THE TRUE SPIRIT OF THE SOUTH WHICH HAS LED OUR STATE FORWARD IN HONOR, DIGNITY, AND PEACE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
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 43-6-580(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.
Ordered for consideration tomorrow.
The following was introduced:
H. 3995 -- Rep. Wright: A CONCURRENT RESOLUTION CONGRATULATING MRS. NANCY HAWK OF CHARLESTON COUNTY ON BEING CHOSEN THE 1989 NATIONAL MOTHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 3996 - Reps. Map pus, Barber, Rama, Hallman, J. Bailey, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: 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 1989 NATIONAL MOTHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 749 -- Senators Martschink, Shealy, O'Dell, Bryan, Horace C. Smith, J. Verne Smith, Rose and Long: A CONCURRENT RESOLUTION TO RECOGNIZE THE COMMITMENT AND OUTSTANDING CONTRIBUTIONS MADE BY CORRECTIONAL OFFICERS IN SOUTH CAROLINA AND TO EXTEND THE STATE'S APPRECIATION AND CONGRATULATIONS TO EACH OFFICER FOR THIS WELL-DESERVED HONOR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
On motion of Rep. McABEE, with unanimous consent, the following was taken up for immediate consideration:
S. 751 - Senators Mullinax, O'Dell, McGill and Macaulay: A CONCURRENT RESOLUTION TO DESIGNATE THE WEEK BEGINNING OCTOBER 1, 1989, AS THE FIRST ANNUAL "COLONIAL HERITAGE WEEK" AND TO REQUEST THE GOVERNOR TO CALL UPON THE PEOPLE OF THIS STATE TO OBSERVE THE WEEK WITH APPROPRIATE CEREMONIES AND ACTIVITIES.
Whereas, the membership of the Jacob Van der Ver Chapter of the South Carolina Society Colonial Dames Seventeenth Century is comprised of descendants of the country's earliest landowners and public officeholders; and
Whereas, by preserving historical sites and Colonial records and offering scholarships in American History and in medicine for American Indian students, the Jacob Van der Ver Chapter and the State and National Societies of Colonial Dames Seventeenth Century are stimulating public interest in the Seventeenth Century and Colonial America; and
Whereas, it is fitting that South Carolinians recognize the importance of this era of our country's heritage; and
Whereas, this week must be supported and observed throughout the State as a means of gaining public interest in the historic, patriotic, cultural, and educational aspects of that most significant era in the formation of our great nation. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly designate the week beginning October 1, 1989, as the first annual "Colonial Heritage Week" and request the Governor to call upon the people of this State to observe the week with appropriate ceremonies and activities.
Be it further resolved that a copy of this resolution be forwarded to Mrs. Margaret Carr, President, Jacob Van der Ver Chapter of Anderson.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 750 -- Senators Martschink, Passailaigue, Fielding and McConnell: 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 1989 NATIONAL MOTHER OF THE YEAR.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 755 -- Senators Peeler and Waddell: A CONCURRENT RESOLUTION TO CONGRATULATE MS. JERI A. MILSTEAD OF CLEMSON UPON BEING NAMED AS THE FIRST RECIPIENT OF THE 1989 "SEARCH FOR EXCELLENCE" AWARD OF THE AMERICAN NURSES' ASSOCIATION AND FOR HER OUTSTANDING, ACHIEVEMENTS IN THE FIELD OF NURSING.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 3997 -- Reps. Lime house, G. Bailey and Wofford: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE SAW MILL BRANCH ROAD PROJECT BEGINNING IN BERKELEY COUNTY AND CONTINUING INTO DORCHESTER COUNTY, UPON ITS COMPLETION, THE BERLIN G. MYERS-PARKWAY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4001 -- Reps. Fair, Wright, Rama, Limehouse, Barfield, Koon, Hallman, Sharpe, Wells, Corning, Cole, Quinn, Corbett, Davenport, Baker, Huff, Klapman, Haskins, Gordon, Smith, Keegan, Lanford, Simpson, Wofford, Vaughn, Beasley, H. Brown and Hayes: A HOUSE RESOLUTION TO REQUEST THE GOVERNOR TO CALL A SPECIAL SESSION OF THE GENERAL ASSEMBLY IF IT IS NOT IN REGULAR SESSION IN THE EVENT THE UNITED STATES SUPREME COURT LIMITS OR OVERTURNS THE DECISION OF ROE V. WADE AND IT BECOMES NECESSARY FOR STATE LEGISLATURES TO FURTHER PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH ABORTIONS MAY BE PERFORMED IF ALLOWED.
The Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
On motion of Rep. STODDARD, with unanimous consent, the following was taken up for immediate consideration:
H. 4002 -- Reps. Stoddard, McAbee, Clyborne and D. Martin: A CONCURRENT RESOLUTION TO FIX WEDNESDAY, MAY 31, 1989, AT 12:00 NOON AS THE TIME FOR ELECTING A SUCCESSOR TO THE MEMBER OF THE CITADEL BOARD OF VISITORS WHOSE TERM EXPIRES ON JUNE 30, 1989, AND FOR ELECTING SUCCESSORS TO THE FOUR MEMBERS OF THE BOARD OF TRUSTEES OF THE WIL LOU GRAY OPPORTUNITY SCHOOL WHOSE TERMS EXPIRE ON JUNE 30, 1989.
Be it resolved by the House of Representatives, the Senate concurring:
That the Senate and the House of Representatives meet in joint assembly in the hall of the House of Representatives on May 31, 1989, at 12:00 noon for the purpose of electing a successor to the member of The Citadel Board of Visitors whose term expires on June 30, 1989, and for electing successors to the four members of the Board of Trustees of the Wil Lou Gray Opportunity School whose terms expire on June 30, 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 756 -- Senator Rose: A CONCURRENT RESOLUTION TO CONGRATULATE REBECCA JACKSON OF SUMMERVILLE HIGH SCHOOL, GREGG CAMPUS, IN DORCHESTER COUNTY, UPON BEING NAMED DISTRICT TWO TEACHER OF THE YEAR FOR 1988-89.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 3998 -- Reps. T. Rogers, M.D. Burriss, Moss, Wright, H. Brown, Hendricks, Rama, Tucker, Huff, Limehouse, Fair, Clyborne, Waldrop, L. Martin, Lanford, McKay, Barber, McLeod, Corning, Davenport, Waites, Baxley and McElveen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 7 TO CHAPTER 3, TITLE 23 SO AS TO ENACT THE SOUTH CAROLINA CONTRABAND FORFEITURE ACT OF 1989, WHICH DECLARES AS CONTRABAND AND MAKES SUBJECT TO FORFEITURE ANY PERSONAL PROPERTY USED OR INVOLVED IN THE COMMISSION OF A FELONY AND TO PROVIDE THAT THE MONEY DERIVED FROM THE SALE OF THIS CONTRABAND PROPERTY MUST BE USED FOR CERTAIN PURPOSES INCLUDING USE BY THE LAW ENFORCEMENT AGENCY MAKING THE SEIZURE.
Referred to Committee on Judiciary.
H. 3999 -- Rep. T. Rogers: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA HOME OWNERS ASSOCIATION, INC., IN RICHLAND COUNTY.
On motion of Rep. T. ROGERS, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
H. 4000 -- Reps. T. Rogers, Waites and Rama: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-104-625, SO AS TO PROVIDE THAT THE SOUTH CAROLINA ASSOCIATION OF STUDENT BODY PRESIDENTS SHALL ACT AS AN ADVISORY COUNCIL TO THE COMMISSION ON HIGHER EDUCATION TO ADVISE AND ASSIST THE COMMISSION IN PERFORMING ITS DUTIES AND FUNCTIONS UNDER CHAPTER 104 OF TITLE 59 WHICH PROVIDES INITIATIVES FOR RESEARCH AND ACADEMIC EXCELLENCE.
Referred to Committee on Education and Public Works.
S. 543 - Senators Horace C. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-1075, SO AS TO ALLOW A SELLER TO CONVEY A SUBDIVISION LOT PURSUANT TO A PLAT UNAPPROVED BY THE APPROPRIATE PLANNING COMMISSION AND UNRECORDED IN THE APPROPRIATE OFFICE BY MEANS OF A CONDITIONAL SALES CONTRACT VOIDABLE BY THE PURCHASER IF THE PLAT IS NOT APPROVED AND RECORDED WITHIN ONE YEAR OF THE EXECUTION OF THE CONTRACT AND IF THE CONSIDERATION OF THE CONDITIONAL SALE IS HELD IN ESCROW IN A FEDERALLY INSURED ACCOUNT IN A FINANCIAL INSTITUTION PENDING TIMELY APPROVAL AND RECORDING OF THE PLAT AND SUBJECT TO RETURN OF THE CONSIDERATION TO A PURCHASER WHO VOIDS THE CONTRACT ON THE SELLER'S FAILURE TO MEET THE APPROVAL AND RECORDING TIME LIMIT; AND TO AMEND SECTION 6-7-1080, RELATING TO THE OFFENSE OF SELLING LOTS BY REFERENCE TO AN UNAPPROVED AND UNRECORDED PLAT, SO AS TO EXEMPT FROM THE OFFENSE LOTS SOLD PURSUANT TO THE CONDITIONAL SALES CONTRACT AUTHORIZED IN SECTION 6-7-1076 AS ADDED BY THIS ACT.
Referred to Committee on Labor, Commerce and Industry.
S. 551 -- Senator Long: A BILL TO AMEND SECTION 6-7-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING REGULATIONS OR MAPS, SO AS TO PROVIDE THAT THE PLANNING COMMISSION SHALL HAVE FORTY-FIVE DAYS WITHIN WHICH TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT SUCH REPORT WITHIN THE FORTY-FIVE DAY PERIOD SHALL BE DEEMED AS APPROVAL OF THE CHANGE OR DEPARTURE.
Referred to Committee on Judiciary.
S. 623 -- Senator Williams: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-9-75 SO AS TO PROVIDE THAT IN ALL CASES WHERE INDICES AFFECTING REAL PROPERTY ARE REQUIRED TO BE MAINTAINED IN THE OFFICES OF THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES AND WHERE THESE INDICES ARE MAINTAINED BY ELECTRONIC OR COMPUTER MEANS, THE CLERK OF COURT OR REGISTER OF MESNE CONVEYANCES SHALL PROVIDE AT LEAST A SECOND OR BACKUP COPY OF THE INDICES WHICH MUST BE AVAILABLE FOES USE BY THE PUBLIC IN THE EVENT OF DESTRUCTION OR UNAVAILABILITY OF THE ELECTRONIC INDICES.
Referred to Committee on Judiciary.
S. 734 -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO LICENSING RENAL DIALYSIS FACILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1061, 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.
S. 737 -- Senator O'Dell: A BILL TO AMEND SECTION 13-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE BOARD OF THE SAVANNAH VALLEY AUTHORITY, SO AS TO GRANT THE BOARD THE POWER OF EMINENT DOMAIN IN ABBEVILLE AND MCCORMICK COUNTIES.
Rule 5.12 was waived by unanimous consent.
On motion of Rep. McABEE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Davenport Derrick Elliott Faber Fair Fant Farr Ferguson Foster Gentry Glover Gordon Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Holt Huff Jaskwhich Johnson, J.C. Johnson, J. W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Neilson Nesbitt Nettles Phillips Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Simpson Smith Snow Stoddard Taylor Townsend Vaughn Waites Waldrop Washington Wells White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on May 4, 1989.
Lucille S. Whipper Richard Quinn, Jr. Jack Gregory Paul Short Roland S. Corning Joseph McElveen Steve Lanford Donna Moss John G. Fetter James Lockemy Alex Harvin, III C. Lenoir Sturkie
LEAVES OF ABSENCE
The SPEAKER granted Reps. DAVENPORT, MOSS, LOCKEMY, BLACKWELL and HENDRICKS a temporary leave of absence to attend the DSS Screening Committee Meeting.
Announcement was made that Dr. Thomas Whitaker of Myrtle Beach is the Doctor of the Day for the General Assembly.
Rep. GLOVER presented to the House the contestants, their club directors, and the recipient of the S.C. Boys' Club Youth of the Year Award.
The following Bills and Joint Resolution were taken up, read the third time, and ordered sent to the Senate.
H. 3990 -- Orangeburg Delegation: A BILL TO AMEND ACT 245 OF 1983, AS AMENDED, RELATING TO THE BUDGETS OF SCHOOL DISTRICTS IN ORANGEBURG COUNTY, SO AS TO PROVIDE ONE ADDITIONAL MILL TO BE LEVIED IN THE COUNTY AND USED BY THE ORANGEBURG COUNTY BOARD OF EDUCATION.
H. 3527 -- Rep. Lockemy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 5-31-60 AND 6-1-60 SO AS TO PROHIBIT AN ENTITY SUPPLYING WATER TO SUBSCRIBERS FROM BILLING THE OWNER OF THE PROPERTY FOR WATER SUPPLIED TO LESSEES OF THE PROPERTY WHO HAVE SUBSCRIBED FOR WATER AND WHO HAVE NOT PAID FOR THE WATER SUPPLIED.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments.
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.
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.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
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.
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.
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.
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.
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.
The following Bill was taken up.
S. 245 -- Judiciary Committee: A BILL TO AMEND SECTIONS 1-23-110 AND 1-23-120, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE REGISTER, SO AS TO REQUIRE A STATE AGENCY TO GIVE NOTICE OF THE OPPORTUNITY FOR AN ORAL HEARING AND TO REQUIRE A HEARING NO SOONER THAN THIRTY DAYS FROM PUBLICATION OF THE NOTICE IN THE STATE REGISTER IF REQUESTED BY TWENTY-FIVE PERSONS AND TO PROVIDE THAT A REGULATION BECOMES EFFECTIVE ONE HUNDRED TWENTY DAYS AFTER SUBMISSION TO THE GENERAL ASSEMBLY IF A RESOLUTION TO APPROVE OR DISAPPROVE IT IS NOT ENACTED WITHIN THAT TIME PERIOD.
Debate was resumed on Amendment No. 2, which was proposed on Tuesday, May 2, by the Committee on Judiciary.
The amendment was then adopted.
Rep. HAYES proposed the following Amendment No. 3 (Doc. No. 3894U), which was adopted.
Amend the bill, as and if amended, by striking Section 2 and inserting:
/SECTION 2. Section 1-23-120 of the 1976 Code, as last amended by Act 605 of 1988, is further amended to read:
"Section 1-23-120. All regulations except those specifically exempted under this article must be submitted to the General Assembly for review in accordance with the provisions of the article, but no regulation may be submitted to the General Assembly more than one year after publication of the drafting notice initiating the regulation pursuant to Section 1-23-110(b). To initiate the process of review, the agency shall file with the President of the Senate and the Speaker of the House of Representatives a copy of any regulations promulgated along with a request for review and a copy of the preliminary fiscal impact statement prepared by the agency as required in Section 1-23-110(b)(2). Upon receipt of the request, the President and Speaker reviewing the request shall submit it for consideration to the standing committees of the Senate and House which are most concerned with the function of the promulgating agency. A copy of the regulation or a synopsis of it must be given to each member of the committee. The committees have one hundred twenty days from the date regulations are submitted to the General Assembly to consider regulations so referred and determine their actions on the regulations. If a regulation is referred to a committee and no action occurs in that committee on the regulation within sixty calendar days of receipt of the regulation by the appropriate committee, the regulation must be placed on the agenda of the full committee beginning with the next scheduled full committee meeting; provided, however, only. Only those calendar days occurring during sessions of the General Assembly shall be are included in computing the days elapsed. If no action is taken by either the Senate or House of Representatives' committee to introduce a resolution to approve or disapprove the regulations a resolution to approve a regulation is not enacted within one hundred twenty days after submission to the General Assembly or if a resolution to disapprove a regulation has not been introduced by a standing committee to which the regulation was referred for review, the regulations are regulation is effective upon publication in the State Register. Upon (1) introduction of the first joint resolution disapproving a regulation by a standing committee to which the regulation was referred for review the one hundred-twenty-day period for automatic approval is tolled. A regulation may not be filed under the emergency provisions of Section 1-23-130 if a Joint Resolution to disapprove the regulation has been introduced by a standing committee to which the regulation was referred.; or (2) Upon a negative vote by either the Senate or House of Representatives on a the resolution approving the regulations disapproving the regulation and the notification in writing of such the negative vote to the Speaker of the House of Representatives and the President of the Senate by the clerk of the House in which the negative vote occurred, the one hundred twenty day period for automatic approval is tolled, and, the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions as called by the Governor, if a resolution is not enacted approving or disapproving the regulation. If the remainder of the period is less than sixty ninety days, additional days must be added to the remainder to equal sixty ninety days. The introduction of a resolution by the committee of either House does not prevent the introduction of a resolution by the committee of the other House to either approve or disapprove the regulations concerned.
The one-hundred-twenty-day period of review begins on the date the regulation is filed with the President and Speaker. Sine die adjournment of the General Assembly tolls the running of the period of review, and the remainder of the period begins to run upon the next convening of the General Assembly excluding special sessions called by the Governor.
Any member may introduce a joint resolution approving or disapproving a regulation or group of regulations thirty days following the date the regulations concerned are submitted to a standing committee for review and no committee resolution approving or disapproving the regulations has been introduced and the regulations concerned have not been withdrawn by the promulgating agency pursuant to Section 1-23-125, but the introduction does not toll the one-hundred-twenty-day period of automatic approval.
General Assembly review is not required for regulations promulgated to maintain compliance with federal law including, but not limited to, grant programs. Review also is not required for regulations promulgated by the State Board of Financial Institutions in order to authorize state-chartered banks, state-chartered savings and loan associations, and state-chartered credit unions to engage in activities that are authorized pursuant to Section 34-1-110. Review is not required for regulations promulgated by the South Carolina Tax Commission to adopt regulations, revenue rulings, revenue procedures, and technical advice memoranda of the Internal Revenue Service so as to maintain conformity with the Internal Revenue Code of 1964. All regulations submitted to the General Assembly for approval must have attached to them a brief synopsis or analysis of the regulations submitted explaining the content and any changes in existing regulations resulting from the regulations. The synopsis or analysis must include citations of federal law, if any, mandating changes in the regulations. The one-hundred-twenty-day period of review provided for in this section does not begin to run until the synopsis or analysis is attached to regulations submitted."/
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. T. ROGERS moved to adjourn debate upon the following Bill until Thursday, May 11, which was adopted.
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.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
Rep. WALDROP explained the Joint Resolution.
S. 674 -- Senator Mullinax: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF 76, INC., IN ANDERSON COUNTY.
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, 1976, 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.
On motion of Rep. P. HARRIS, with unanimous consent, it was ordered that S. 674 be read the third time tomorrow.
On motion of Rep. SNOW, with unanimous consent, it was ordered that H. 3888 be read the third time tomorrow.
Rep. BARFIELD moved to adjourn debate upon the following Joint Resolution until Tuesday, May 9, which was adopted.
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.
Rep. McLELLAN moved to adjourn debate upon the following Joint Resolution until Tuesday, May 9, which was adopted.
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.
Rep. McLELLAN moved to adjourn debate upon the following Joint Resolution until Tuesday, May 9, which was adopted.
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.
The following Bill was taken up.
H. 3120 -- Rep. White: A BILL TO AMEND SECTION 40-43-150, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PHARMACISTS AND PROVISIONS REGARDING DANGEROUS DRUGS, LICENSED PHARMACISTS, AND DRUG OUTLETS, SO AS TO PROHIBIT THE REFILLING OF CERTAIN PRESCRIPTION MORE THAN ONE YEAR BEYOND THE DATE ON WHICH THEY WERE ORIGINALLY FILLED, AND PROVIDE THAT NOTHING IN THIS SECTION ABRIDGES ANY RIGHT OF A PHARMACIST TO REFUSE TO FILL OR REFILL ANY PRESCRIPTION.
Debate was resumed on Amendment No. 1, which was proposed on Thursday, March 23, by Medical, Military, Public and Municipal Affairs.
Rep. WHITE explained the amendment.
The amendment was then adopted.
Rep. BOAN objected to the Bill.
The following Bill was taken up.
H. 3626 -- Rep. Wilkins: A BILL TO AMEND SECTION 24-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT BY THE BOARD OF CORRECTIONS, SO AS TO LIMIT WEEKEND SENTENCING TO THOSE PERSONS SENTENCED UNDER THE PROVISIONS OF SECTIONS 56-1-460 AND 56-5-2930 FOR VIOLATIONS OF DRIVING UNDER CANCELLATION, SUSPENSION, OR REVOCATION OF LICENSE OR DRIVING UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.
Rep. HODGES proposed the following Amendment No. 2, which was adopted.
Amend at Line 14, after reference to Section 56-5-2930 and insert "and any other sentence of thirty days or less."
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HALLMAN moved that when the House adjourns it adjourn in memory of Deacon Luther Thames of Manning, which was agreed to.
The following Bill was taken up.
H. 3314 -- Reps. Rama, G. Bailey, Littlejohn, Hearn, Mappus, J. Bailey and Hallman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-295 SO AS TO PROVIDE THAT VIOLATIONS OF ORDINANCES OR REGULATIONS OF SPECIAL PURPOSE DISTRICTS RELATING TO GARBAGE OR TRASH COLLECTION ARE UNLAWFUL AND TO PROVIDE PENALTIES FOR THESE VIOLATIONS.
Debate was resumed on Amendment No. 2, which was proposed on Wednesday, April 10, by Reps. CORNING and RAMA.
Rep. RAMA explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 3, which was adopted.
SECTION 1. Section 4-9-30(5) of the 1976 Code is amended by adding at the end:
"After a special tax district is created, pursuant to the provisions of this item, the governing body of the county may, by ordinance, provide that the uniform service charge be collected on an annual, semi-annual, quarterly, or monthly basis."
Rep. McABEE explained the amendment.
The amendment was then adopted.
Rep. SIMPSON proposed the following amendment No. 4 (Doc. No. 3855U).
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _. Title 44 of the 1976 Code is amended by adding:
Section 44-97-10. As used in this chapter:
(1) 'Beverage' means beer or other malt beverages and mineral waters, soda water, and similar carbonated soft drinks in liquid form and intended for human consumption.
(2) 'Beverage container' means the individual, separate, and sealed glass, metal, or plastic bottle, can, jar, or carton containing a beverage.
(3) 'Commission' means the South Carolina Alcoholic Beverage Control Commission.
(4) 'Consumer' means every person who purchases a beverage in a beverage container for use or consumption.
(5) 'Dealer' means every person in this State who engages in the sale of beverages in beverage containers to a consumer or means a redemption center certified under Section 44-97-80.
(6) 'Distributor' means every person who engages in the sale of beverages in beverage containers to a dealer in this State including a manufacturer who engages in sales.
(7) 'In this State' means within the exterior limits of South Carolina and includes all territory within these limits owned by or ceded to the United states.
(8) 'Manufacturer' means every person bottling, canning, or otherwise filling beverage containers for sale to distributors or dealers.
(9) 'Place of business of a dealer' means the location at which a dealer sells or offers for sale beverages in beverage containers to consumers.
(10) 'Use or consumption' includes the exercise of a right or power over a beverage incident to the ownership of the beverage, other than the sale or the keeping or retention of a beverage for the purposes of sale.
Section 44-97-20. (A) Except as provided in subsection (B), every beverage container sold or offered for sale in this State has a refund value of not less than five cents.
(B) Every beverage container certified as provided in Section 44-97-60 sold or offered for sale in this State, has a refund value of not less than five cents.
Section 44-97-30. Except as provided in Section 44-97-40:
(1) A dealer may not refuse to accept from a consumer an empty beverage container of the kind, size, and brand sold by the dealer or refuse to pay to the consumer the refund value of a container as established by Section 44-97-20.
(2) A distributor may not refuse to accept from a dealer an empty beverage container of the kind, size, and brand sold by the distributor or refuse to pay the dealer the refund value of a container as established by Section 44-97-20.
Section 44-97-40. (A) A dealer may refuse to accept from a consumer and a distributor may refuse to accept from a dealer an empty beverage container which does not state on the container a refund value as established by Section 44-97-20.
(B) A dealer may refuse to accept and pay the refund value of an empty beverage container if the place of business of the dealer and the kind and brand of the container are included in an order of the commission approving a redemption center under Section 44-97-80.
Section 44-97-50. (A) Every beverage container sold or offered for sale in this State by a dealer clearly must indicate by embossing, a stamp, a label, or other method securely affixed to the container, its refund value.
(B) Subsection (A) does not apply to glass beverage containers designed for beverages having a brand name permanently marked on the container which, on January 1, 1988, had a refund value of not less than five cents.
Section 44-97-60. (A) To promote the use in this State of reusable beverage containers of uniform design and to facilitate the return of containers to manufacturers for reuse as a beverage container, the commission shall certify the containers which satisfy the requirements of this section.
(B) A beverage container must be certified if:
(1) it is reusable as a beverage container by more than one manufacturer in the ordinary course of business;
(2) more than one manufacturer, in the ordinary course of business, will accept the beverage container for reuse as a beverage container and pay its refund value.
(C) A beverage container must not be certified under this section if by reason of its shape or design, or by reason of words or symbols permanently inscribed on the container, whether by engraving, embossing, painting, or other permanent method, it is reusable as a beverage container in the ordinary course of business only by a manufacturer of a beverage sold under a specific brand name.
Section 44-97-70. (A) Unless an application for certification under Section 44-97-60 is denied by the commission within sixty days after the filing of the application, the beverage container is considered certified.
(B) The commission may review at any time certification of a beverage container. If after the review, with written notice and hearing afforded to the person who filed the application for certification under Section 44-97-60, the commission determines the container is no longer qualified for certification it shall withdraw certification.
(C) Withdrawal of certification is effective not less than thirty days after written notice to the person who filed the application for certification under Section 44-97-60 and to the manufacturers referred to in Section 44-97-60(B).
Section 44-97-80. (A) To facilitate the return of empty beverage containers and to serve dealers of beverages, a person may establish a redemption center, subject to the approval of the commission, at which consumers may return empty beverage containers and receive payment of the refund value of the beverage containers.
(B) Application for approval of a redemption center must be filed with the commission. The application must state the name and address of the person responsible for the establishment and operation of the redemption center, the kinds and brand names of the beverage containers which will be accepted at the redemption center, and the names and addresses of the dealers to be served by the redemption center. The application must include additional information the commission may require.
(C) The commission shall approve a redemption center if it finds the redemption center will provide a convenient service to consumers for the return of empty beverage containers. The order of the commission approving a redemption center must state the dealers to be served by the redemption center and the kind and brand names of empty beverage containers which the redemption center accepts. The order may contain other provisions to insure the redemption center provides a convenient service to the public as the commission may determine.
(D) The commission may review at any time approval of a redemption center. After written notice to the person responsible for the establishment and operation of the redemption center and to the dealers served by the redemption center, the commission, after hearing, may withdraw approval of a redemption center if the commission finds there has not been compliance with its order approving the redemption center or if the redemption center no longer provides a convenient service to the public.
Section 44-97-90. The commission may promulgate regulations to provide the procedures for certification or withdrawal provided for in this chapter.
Section 44-97-100. A person violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days."/
Renumber sections to conform.
Amend title to conform.
Rep. SIMPSON explained the amendment.
Rep. E.B. McLEOD moved to table the amendment, which was not agreed to by a division vote of 33 to 41.
Rep. WALDROP spoke against the amendment.
Reps. TAYLOR, FABER, J. HARRIS, CARNELL, G. BROWN, BARFIELD, WALDROP, GORDON and SMITH objected to the Bill.
Rep. J. BROWN moved to adjourn debate upon the following Bill until Tuesday, May 9, which was adopted.
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.
The following Bill was taken up.
H. 3245 -- Reps. Barber, Felder, Winstead, Harvin, Mappus, Washington, Rama, J. Bailey, Whipper and Rhoad: A BILL TO AMEND SECTION 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE CHAPTER PROVIDING FOR BEACH MANAGEMENT, SO AS TO PROVIDE FOR AN ADDITIONAL EXEMPTION.
Rep. BENNETT moved to recommit the Bill to the Committee on Agriculture and Natural Resources.
Rep. BARBER moved to table the motion, which was not agreed to by a division vote of 24 to 53.
The question then recurred to the motion to recommit the Bill to the Committee on Agriculture and Natural Resources, which was agreed to by a division vote of 49 to 31.
Rep. HEARN moved that the House recur to the morning hour.
Rep. T. ROGERS insisted upon the Special Orders of the day.
Rep. SHARPE moved that the House do now adjourn.
Rep. JASKWHICH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Burriss, M.D. Hallman Kay Keesley Mappus Sharpe Simpson Smith Townsend Vaughn
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Baker Barber Barfield Beasley Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Cooper Corbett Cork Derrick Elliott Faber Fair Farr Foster Gentry Glover Gordon Gregory Harris, J. Haskins Hayes Holt Huff Jaskwhich Johnson, J.C Johnson, J.W. Keegan Keyserling Kirsh Klapman Lanford Littlejohn Manly Martin, D. Martin, L. McAbee McBride McEachin McElveen McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Quinn Rama Rogers, T. Rudnick Sheheen Short Snow Stoddard Sturkie Taylor Waites Waldrop Washington Wells Whipper White Wilder Wilkins Williams, D. Winstead Wofford Wright
So, the House refused to adjourn.
The following was received.
Columbia, S.C., May 4, 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. FELDER the invitation was accepted.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.
Rep. HASKINS moved to continue the Bill.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Baxley Beasley Bennett Brown, H. Corbett Cork Fair Hallman Haskins Kirsh Mappus McElveen McLellan Rama Sheheen Simpson Townsend Vaughn Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Derrick Elliott Faber Fant Farr Felder Foster Gentry Glover Gordon Gregory Harris, J. Harris, P. Hayes Hearn Holt Huff Johnson, J.C. Johnson, J.W. Keegan Keesley Klapman Kohn Lanford Littlejohn Manly Martin, D. Martin, L. McAbee McBride McCain McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Quinn Rogers, J. Rogers, T. Rudnick Smith Snow Stoddard Sturkie Taylor Waites Waldrop Washington Whipper White Wilder Wilkes Williams, D. Winstead Wright
So, the House refused to continue the Bill.
WELLS (Present) Nay
DAVENPORT (Absent) Aye
The SPEAKER granted Rep. KLAPMAN a leave of absence for the remainder of the day due to surgery.
Debate was resumed on Amendment No. 1 by the Committee on Ways and Means.
Rep. McLELLAN spoke against the amendment and moved to recommit the Bill to the Committee on Ways and Means.
Rep. T. ROGERS moved to table the motion to recommit.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Derrick Elliott Faber Fant Farr Felder Ferguson Foster Gentry Glover Gordon Harris, J. Harris, P. Hearn Huff Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kohn Littlejohn Mattos McAbee McBride McCain McEachin McGinnis McKay McLeod McTeer Moss Neilson Rogers, T. Rudnick Short Smith Snow Stoddard Taylor Waites Waldrop Washington Whipper White Wilder Wilkes Williams, D. Winstead Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Baxley Beasley Brown, H. Burriss, M.D. Cooper Corbett Cork Fair Gregory Hallman Haskins Hayes Holt Keyserling Kirsh Lanford Limehouse Manly Mappus Martin, D. Martin, L. McElveen McLellan Nesbitt Quinn Rama Sheheen Simpson Sturkie Townsend Vaughn Wilkins Wofford
So, the motion to recommit was tabled.
WELLS (Present) Aye
DAVENPORT (Absent) Nay
Rep. SIMPSON moved that the House do now adjourn.
Rep. WALDROP raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
The question then recurred to the adoption of the amendment, which was agreed to.
The Ways and Means Committee proposed the following Amendment No. 2 (Doc. No. 3930U), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _ . If the necessary or additional monies required for the implementation of the provisions of this act are not available or appropriated at the time this act becomes effective, the appropriate officials and persons shall delay the implementation of the provisions of this act until the necessary monies become available or appropriated by the General Assembly./
Renumber sections to conform.
Amend title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Rep. McLELLAN proposed the following Amendment No. 4 (Doc. No. 4257U), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION____. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1555. A member with at least twenty-five years creditable service retiring pursuant to the provisions of Section 9-1-1550 before his sixtieth birthday shall pay both the employer and employee share of health and dental insurance costs until the earlier of:
(1) the date the member would have thirty years creditable service if he had not retired, or
(2) his sixtieth birthday."/
Renumber sections to conform.
Amend title to conform.
Rep. McLELLAN explained the amendment.
Rep. FELDER moved to table the amendment and demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Bailey, K. Barber Baxley Blanding Brown, J. Chamblee Faber Felder Ferguson Foster Gentry Glover Gordon Johnson, J.W. Lockemy McAbee McBride McGinnis Moss Neilson Nesbitt Rogers, T. Rudnick Stoddard Waldrop Washington
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barfield Beasley Bennett Boan Brown, H. Brown, R. Bruce Burch Burriss, M.D. Carnell Clyborne Cole Cooper Corbett Cork Corning Elliott Fair Fant Hallman Harris, J. Harris, P. Haskins Hayes Hearn Hendricks Holt Huff Johnson, J.C. Keesley Lanford Martin, D. McCain McLeod Keyserling Kirsh Manly Mappus Martin, L. Mattos McElveen McLellan McTeer Nettles Quinn Rama Rogers, J. Sheheen Short Simpson Snow Taylor Townsend Vaughn Waites Whipper White Wilkes Wilkins Williams, D. Wofford Wright
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. SIMPSON moved that the House do now adjourn.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Brown, H. Burriss, M.D. Cooper Fair Hearn Mappus McLellan Sharpe Simpson Vaughn Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Beasley Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Carnell Chamblee Clyborne Cole Corbett Cork Corning Derrick Elliott Faber Farr Felder Ferguson Foster Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Haskins Hayes Holt Huff Jaskwhich Johnson, J.C. Keesley Keyserling Kirsh Kohn Koon Lanford Littlejohn Lockemy Manly Martin, D. Martin, L. McAbee McBride McCain McEachin McGinnis McLeod McTeer Moss Neilson Nesbitt Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sheheen Short Smith Snow Taylor Townsend Waites Waldrop Washington Wells Whipper White Wilkes Wilkins Williams, D. Winstead Wright
So, the House refused to adjourn.
Reps. KIRSH and McLELLAN proposed the following Amendment No. 5 (Doe. No. 3920U).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION _. Section 9-1-1020 of the 1976 Code, as last amended by Act 475 of 1988, is further amended to read:
"Section 9-1-1020. The employee annuity savings fund shall be is the account in which shall must be recorded the contributions deducted from the earn able compensation of members to provide for their employee annuities. Each employer shall cause to be deducted deduct from the compensation of each member on each and every payroll of such the employer for each and every payroll period four percent of his earnable compensation. With respect to each member who is eligible for coverage under the Social Security Act in accordance with the agreement entered into during 1955 in accordance with the provisions of Chapter 7 of this Title; however, such the deduction shall, commencing with the first day of the period of service with respect to which such the agreement is effective, must be at the rate of three percent of the part of his earn able compensation not in excess of four thousand eight hundred dollars, plus five percent of the part of his earn able compensation in excess of four thousand eight hundred dollars. In the case of any member so who is eligible and receiving compensation from two or more employers, such the deductions may be adjusted under such the rules as the Board may establish so as to be as nearly equivalent as practicable to the deductions which would have been made had the member received all of such the compensation from one employer. In determining the amount earn able by a member in a payroll period, the Board may consider the rate of annual earnable compensation of such the member on the first day of the payroll period as continuing throughout such the payroll period and it may omit deduction from earnable compensation for any period less than a full payroll period if a teacher or employee was not a member on the first day of the payroll period.
Each employer shall certify to the Board on each and every payroll or in such any other manner as the Board may prescribe prescribes the amounts to be deducted and such these amounts shall must be deducted and, when deducted, shall must be credited to said the employee annuity savings fund; and to the individual accounts of the members from whose compensation the deductions were made.
The rates of the deductions must be, without regard to a member's coverage under the social Security Act, as follows: in the case of Class One members, five 6.01 percent of earn able compensation and, in the case of Class Two members, six 7.01 percent of earnable compensation.
Each department and political subdivision shall pick up the employee contributions required by this section for all compensation paid on or after July 1, 1982, and the contributions so picked up shall must be treated as employer contributions in determining federal tax treatment under the United States Internal Revenue Code; however, each department and political subdivision shall continue to withhold federal income taxes based upon these contributions until the Internal Revenue Service, or the federal courts, rule that, Pursuant to Section 414(h) of the United States Internal Revenue Code, these contributions shall may not be included as gross income of the employee until such time as they are distributed or made available. The department and political subdivision shall pay these employee contributions from the same source or funds which is used in paying earnings to the employee. The department and political subdivision may pick up these contributions by a reduction in the cash salary of the employee. Employee contributions picked up shall must be treated for all purposes of this section in the same manner and to the extent as employee contributions made prior to before the date picked up.
Payments for unused sick leave, single special payments at retirement, bonus and incentive-type payments, or any other payments not considered a part of the regular salary base are not compensation for which contributions are deductible. Contributions are deductible on pay for unused annual leave."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. McLELLAN explained the amendment.
Rep. McTEER moved to adjourn debate upon the amendment, which was adopted.
Rep. BARBER proposed the following Amendment No. 7 (Doc. No. 4274U).
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION 6 . From the effective date of this act until June 30, 1990, no department, agency, institution, board, or commission of this State may fill a vacancy nor may any person be hired to fill a position added during this period./
Renumber sections to conform.
Amend title to conform.
Rep. BARBER explained the amendment.
Rep. GENTRY raised the Point of Order that Amendment No. 7 was out of order as it was not germane to the Bill in that the amendment dealt with employment and the main thrust of the Bill was retirement.
Rep. BARBER argued contra the Point.
The SPEAKER stated that the amendment dealt with the number of employees that would be affected by retirement and the cost and that was covered in the Bill and he overruled the Point of Order.
Rep. BARBER continued speaking.
Further proceedings were interrupted by the Ratification of Acts, the pending question being consideration of Amendment No. 7, Rep. BARBER having the floor.
At 11:30 A.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.
(R104) S. 68 -- Senator Drummond: AN ACT 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 AMEND SECTION 40-11-260 RELATING TO REISSUANCE OF LICENSES WHICH HAVE BEEN REVOKED SO AS TO PROVIDE THAT A LICENSE MAY BE REISSUED IF FOUR MEMBERS OF THE BOARD APPROVE.
(R105) 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.
(R106) S. 69 -- Senator Drummond: AN ACT 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 A TO PROVIDE THAT LICENSES MAY BE REVOKED, SUSPENDED, OR RESTRICTED FOR A PERIOD OF ONE YEAR, AND TO PROVIDE FOR REISSUANCE OF LICENSES PREVIOUSLY REVOKED IF A MAJORITY OF THE MEMBERS OF THE HOME BUILDER COMMISSION VOTE IN FAVOR OF THE REISSUANCE TO PROVIDE THAT APPEALS FROM THE DECISION OF THE COMMISSION MUST BE GOVERNED BY THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURE ACT; AND TO AMEND SECTION 40-59-110, RELATING TO REPORTS OF THE COMMISSION, SO AS TO PROVIDE THAT THE ANNUAL REPORT MUST BE MADE TO THE GENERAL ASSEMBLY AND THAT IT MUST CONTAIN A LIST OF BUILDERS WHOSE LICENSES WERE REVOKED, SUSPENDED, OR RESTRICTED.
(R107) 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.
(R108) S. 328 -- Senator Lourie: A JOINT RESOLUTION TO RATIFY THE TWENTY-FIFTH AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES RELATING TO PRESIDENTIAL SUCCESSION AND INABILITY TO PERFORM THE DUTIES OF THE OFFICE.
(R109) S. 657 -- Senator Moore: AN ACT TO AMEND SECTION 22-2-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JURY AREAS FOR MAGISTRATES' COURTS, SO AS TO PROVIDE THAT THE JURY AREAS IN AIKEN COUNTY CONFORM TO CERTAIN PRECINCT LINES.
(R110) S. 276 -- Senator Martin: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-39-635 SO AS TO PROVIDE FOR JUDICIAL SALES OF REAL PROPERTY BY A REFEREE IN COUNTIES WHICH DO NOT HAVE A MASTER-IN-EQUITY AND TO DECLARE THAT SALES BY A REFEREE BEFORE THIS SECTION'S EFFECTIVE DATE ARE VALID.
(R111) S. 269 - Judiciary Committee: AN ACT 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.
(R112) 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 1 OF THE 1976 CODE.
(R113) 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.
(R114) S. 224 -- Judiciary Committee: AN ACT 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.
(R115) S. 396 -- Senators Hinds and Long: AN ACT 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".
(R116) S. 253 -- Senators Leatherman, Land and Saleeby: AN ACT 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.
(R117) S. 280 -- Senator J. Verne Smith: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-583 SO AS TO PROVIDE FOR REIMBURSEMENT, UP TO ONE THOUSAND DOLLARS, TO CRIMESTOPPERS, INC., FOR MONEY PROVIDED FOR INFORMATION THAT LEADS TO THE ARREST OF INDIVIDUALS AND SUBSEQUENT CONFISCATION AND FORFEITURE OF MONIES IN NARCOTICS INVESTIGATIONS.
(R118) S. 4 -- Senator Fielding: AN ACT 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.
(R119) H. 3859 -- Rep. Baxley: A JOINT RESOLUTION TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PANTS PAVILION, INC., IN RICHLAND COUNTY.
(R120) H. 3929 -- Rep. Burch: AN ACT TO AMEND ACT 1010 OF 1968, AS AMENDED, RELATING TO CHESTERFIELD COUNTY SCHOOL DISTRICT, SO AS TO CHANGE THE MAXIMUM AMOUNT OF TAX THAT MAY BE LEVIED FOR SCHOOL PURPOSES FROM TEN TO EIGHT PERCENT OF THE TAX LEVY FOR SCHOOL PURPOSES OR THE PREVIOUS FISCAL YEAR UNLESS APPROVED BY THE CHESTERFIELD COUNTY LEGISLATIVE DELEGATION OR ELECTORS BY A REFERENDUM.
(R121) H. 3845 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF PHYSICAL THERAPY EXAMINERS, RELATING TO THE PRACTICE OF PHYSICAL THERAPY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1080, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
(R122) H. 3283 -- Rep. McAbee: AN ACT 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.
(R123) H. 3472 -- Judiciary Committee: AN ACT TO AMEND SECTION 16-17-600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESTRUCTION OF GRAVES, SO AS TO PROVIDE FOR FURTHER DESIGNATION OF THE DESTRUCTION OF GRAVES AND BURIAL GROUNDS, AND TO FURTHER MAKE IT UNLAWFUL TO DESTROY OR DESECRATE A DECEASED HUMAN BEING OR OTHER HUMAN REMAINS, AND TO, AMONG OTHER THINGS, MAKE THE DESTRUCTION OR DESECRATION OF HUMAN REMAINS AN OFFENSE UNDER THIS SECTION AND DESIGNATE IT AS A FELONY AND REQUIRE MANDATORY IMPRISONMENT OF NOT LESS THAN ONE YEAR; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE OFFENSE OF DESTRUCTION OR DESECRATION OF HUMAN REMAINS; AND TO REPEAL SECTION 16-17-590, RELATING TO MUTILATION OF MONUMENT OR TOMBSTONE.
(R124) 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: AN ACT 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 AND PROVIDE THAT A PERSON MAY NOT VOTE AS PROXY UNLESS HE IS A MEMBER OF THE COOPERATIVE: 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 THE TEMPORARY SUSPENSION AND PERMANENT 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 IN PERSON ONLY EXCEPT FOR AUTHORIZED ABSENTEE VOTING OF AT LEAST TWO-THIRDS OF THE MEMBERS OF THE COOPERATIVE, AT A MEETING TO BE HELD ON A SATURDAY FOR THIS PURPOSE AT LOCATIONS IN EVERY COUNTY IN WHICH THE COOPERATIVE PROVIDES SERVICE.
(R125) H. 3259 -- Reps. Snow, Bruce, G. Brown and Barfield: AN ACT 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 ADD SECTION 39-41-260 SO AS TO PROVIDE THAT PETROLEUM PRODUCTS MAY BE STORED ABOVE GROUND AND THE STATE FIRE COMMISSION SHALL PROMULGATE REGULATIONS RELATIVE TO PETROLEUM PRODUCT STORAGE; AND TO REPEAL SECTION 39-11-70 RELATING TO THE BOND OF PUBLIC WEIGHMASTERS.
(R126) H. 3964 -- Reps. Hole, J. Bailey, Barber, Hallman, Kohn, Mappus, D. Martin, Rama, Washington, Whipper and Winstead: AN ACT 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.
(R127) H. 3808 -- Rep. Cork: AN ACT TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF POINT COMFORT PROPERTY OWNERS ASSOCIATION, INC., IN BEAUFORT COUNTY.
At 11:38 A.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. BARBER having the floor.
H. 3609 -- Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.
Debate was resumed on Amendment No. 7, by Rep. BARBER.
Rep. BARBER continued speaking.
Rep. FELDER moved to table the amendment.
Rep. J. BAILEY 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, K. Bennett Blanding Boan Brown, J. Brown, R. Bruce Burch Carnell Chamblee Corning Elliott Faber Felder Ferguson Foster Gentry Glover Gordon Gregory Harris, J. Harvin Harwell Hayes Huff Jaskwhich Johnson, J.C. Johnson, J.W. Keesley Keyserling Lockemy Mattos McAbee McBride McCain McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rogers, T. Rudnick Sheheen Smith Snow Stoddard Vaughn Waldrop Washington Whipper Wilder Wilkes Williams, D. Wright
Those who voted in the negative are:
Bailey, J. Baker Barber Barfield Baxley Brown, H. Burriss, M.D. Cooper Corbett Cork Fair Hallman Haskins Hearn Hendricks Keegan Kirsh Kohn Koon Littlejohn Mappus McEachin McGinnis Simpson Townsend Winstead Wofford
So, the amendment was tabled.
Reps. McLELLAN, McELVEEN and KIRSH proposed the following Amendment No. 8 (Doc. No. 4341U).
Amend the report of the Committee on Ways and Means, as and if amended, in Section 9-1-1020, page 3609-3, by striking /six/ on line 4 and inserting /five and one-half/ and by striking /seven/ on line 6 and inserting /six and one-half/.
Amend the report further, page 3609-4, by striking lines 1 through 16 and inserting:
/Section 9-1-1510. Any A member may retire upon written application to the board setting forth at what time, not more than ninety days prior before nor more than six months subsequent to after the execution and filing thereof of the application, he desires to be retired, if such the member at the time so specified for his service retirement shall have has attained the age of sixty years or shall have has thirty or more years of creditable service or has at least twenty-five years of creditable service and has attained the age of fifty-five years and shall have has separated from service and, if the time so specified is subsequent to after the date of application, notwithstanding that, during such the period of notification, he may have separated from service./
Amend the report further, page 3609-4, by striking lines 43 through 45 and by striking lines 1 through 45 on page 3609-5 and inserting:
/Upon retirement from service on or after July 1,1988 1989, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty or more years of creditable service, or after he has completed at least twenty-five years of creditable service and has attained the age of fifty-five years, the allowance must be equal to one and thirty-five hundredths four-tenths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty years of creditable service, or before he completes twenty-five years of creditable service and has attained the age of fifty-five years, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any A Class One member who retires on or subsequent to after July 1, 1976, shall receive not less than the benefit provided under the formula in effective prior to before July 1, 1976.
(B) Upon retirement from service on or after July 1, 1988 1989, a Class Two member shall receive a service retirement allowance computed as follows:
(1) If the member's service retirement date occurs on or after his sixty-fifth birthday or after he has completed thirty or more years of creditable service, or after he has completed at least twenty-five years of creditable service and has attained the age of fifty-five years, the allowance must be equal to one and seven tenths three-quarters percent of his average final compensation, multiplied by the number of years of his creditable service.
(2) If the member's service retirement date occurs before his sixty-fifth birthday and before he completes the thirty years of creditable service, or before he has completed at least twenty-five years of creditable service and has attained the age of fifty-five years, his service retirement allowance is computed as in item (1) above but is reduced by five-twelfths of one percent thereof for each month, prorated for periods less than a month, by which his retirement date precedes the first day of the month coincident with or next following his sixty-fifth birthday.
(3) Notwithstanding the foregoing provisions, any A Class Two member whose creditable service commenced prior to began before July 1, 1964, shall receive not less than the benefit provided by subsection (A) of this section./
Amend the report further, page 3609-6, by striking SECTION 7 and inserting:
/SECTION 7. This act takes effect July 1, 1989./
Amend title to conform.
Rep. McLELLAN explained the amendment.
Rep. HARWELL spoke against the amendment.
Rep. G. BROWN moved that the House do now adjourn.
Rep. FELDER raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. BOAN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Baxley Brown, G. Brown, H. Burriss, M.D. Fair Haskins Hendricks Holt Kirsh Mappus McEachin McLellan Sharpe Simpson Smith Townsend Vaughn Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, J.. Bailey, K. Baker Barber Barfield Bennett Blackwell Blanding Boan Brown, J. Brown, R. Bruce Burch Chamblee Clyborne Cole Cooper Corbett Cork Derrick Elliott Faber Fant Farr Felder Foster Gentry Glover Gordon Gregory Harris, J. Harris, P. Harvin Harwell Hayes Hearn Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kohn Lanford Limehouse Littlejohn Lockemy Martin, D. McBride McCain McElveen McGinnis McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rogers, T. Rudnick Sheheen Short Snow Stoddard Taylor Waites Waldrop Washington Wells Whipper Wilder Wilkes Williams, D. Winstead Wright
So, the House refused to adjourn.
Rep. GORDON spoke against the amendment.
Further proceedings were interrupted by a Conference Report, the pending question being consideration of Amendment No. 8.
The following was received.
The General Assembly, Columbia, S.C., May 4, 1989
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 333 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-71-310, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPROVAL OF ACCIDENT, HEALTH, OR ACCIDENT AND HEALTH INSURANCE POLICIES ISSUED OR DELIVERED IN THIS STATE, SO AS TO REVISE THE MANNER IN WHICH PREMIUM RATES FOR CERTAIN ACCIDENT AND HEALTH INSURANCE POLICIES ARE APPROVED.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-71-310 of the 1976 Code, as amended by an act of 1989 bearing Ratification Number 38, is further amended to read:
"Section 38-71-310. (A) No policy or certificate of accident, health, or accident and health insurance may be issued or delivered in this State, nor may any application, endorsement, or rider which becomes a part of the policy be used, until a copy of its form has been filed with and approved by the commissioner except as exempted by regulation as permitted by Section 38-61-20. The commissioner may disapprove the form if the form (1) does not meet the requirements of law, (2) contains any provisions which are unfair, deceptive, ambiguous, misleading, or unfairly discriminatory, or (3) is going to be solicited by means of advertising, communication, or dissemination of information which is deceptive or misleading. The commissioner shall notify in writing, as soon as is practicable, the insurer which has filed the form of his approval or disapproval. In the event of disapproval, the notice must contain the reasons for disapproval, and the insurer is entitled to a public hearing thereon.
If no action has been taken to approve or disapprove a policy or certificate, application, endorsement, or rider after the documents have been filed for ninety days, they are deemed to be approved.
(B) No premium rates applicable to accident policies, health policies, or combined accident and health policies or certificates for individual or family protection may be used unless they have been filed with and approved by the commissioner. The commissioner may disapprove premium rates if he determines that the benefits provided in the policies or certificates are unreasonable in relation to the premiums charged. The commissioner shall notify in writing the insurer, as soon as is practicable, which has filed the premium rates of his approval or disapproval. In the event of disapproval, the notice must contain the reasons for disapproval, and the insurer is entitled to a public hearing on the disapproval. If no action has been taken to approve or disapprove the premium rates after they have been filed for ninety days, they are deemed to be approved.
(C) At any time the commissioner, after a public hearing of which at least thirty days' written notice has been given, may withdraw approval of forms and or rates previously approved under subsections (A) and (B) if he determines that the forms and or rates no longer meet the standards for approval specified in subsections (A) and (B).
(D) The provisions of this section do not apply to policies issued in connection with loans made under the Small Loan Act of 1966.
(E) For major medical expense coverage individual accident and health insurance policies, as defined by regulation of the commissioner, the benefits are deemed reasonable in relation to the premium charged if the insurer has filed a loss ratio guarantee with the commissioner. This guaranteed loss ratio must be equivalent to, or greater than, the most recent loss ratios detailed within the National Association of Insurance Commissioners' 'Guidelines for Filing of Rates for Individual Health Insurance Forms.' This loss ratio guarantee must be in writing and must contain at least the following:
(1) A recitation of the anticipated (target) loss ratio standards contained in the original actuarial memorandum filed with the policy form when it was originally approved.
(2) A guarantee that the actual South Carolina loss ratios for the calendar year in which the new rates take effect, and for each year thereafter until new rates are filed will meet or exceed the loss ratio standards referred to in item (1) above.
(3) A guarantee that the actual South Carolina loss ratio results for the year at issue will be independently audited at the insurer's expense. This audit must be done in the second quarter of the next year and the audited results must be reported to the commissioner not later than the date for filing the applicable Accident and Health Policy Experience Exhibit.
(4) A guarantee that affected South Carolina policyholders will be issued a proportional refund (based on premium paid) of the amount necessary to bring the actual aggregate loss ratio up to the anticipated loss ratio standards referred to in item (1) above. The refund must be made to all South Carolina policyholders insured under the applicable policy form as of the last day of the year at issue if the refund would equal five dollars or more. The refund must include statutory interest from the end of the year at issue until the date of payment. Payments must be made during the third quarter of the next year.
(5) As used herein, the term 'loss ratio' means the ratio of incurred losses to earned premium by number of years of policy duration, for all combined durations.
(6) The reference in item (1) of this subsection to the 'anticipated (target) loss ratio standards contained in the original actuarial memorandum filed with the policy form when it was originally approved' may not be considered or construed as evidence of legislative intent that the use of, or adherence to, such 'anticipated (target) loss ratio standards' is approved or disapproved in any application for a rate increase for any policy form approved prior to the effective date of these amendments to Section 38-71-310."
SECTION 2. The 1976 Code is amended by adding:
"Section 38-71-315. Any insurer of individual accident and health insurance may at any time, except when required by law or order of the commissioner, voluntarily decrease its premium charge for any approved policy form without the prior approval of the commissioner. However, the insurer must notify the commissioner and the consumer advocate for information thirty days prior to the use of the revised premium charge. Notwithstanding any other provision of law, any time within one year after using such revised premium charge, the insurer may return its premium charge back to the previously approved level by informing the commissioner and the consumer advocate of the revision thirty days prior to the effective date. The commissioner may not disapprove such revision."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
/s/Edward E. Saleeby /s/Robert B. Brown /s/Herbert U. Fielding /s/Denny Woodall Neilson /s/Harvey S. Peeler, Jr. Irene K. Rudnick On Part of the Senate On Part of the House
Rep. R. BROWN explained the Conference Report.
Rep. RUDNICK raised the Point of Order that the Conference Report was out of order as it was not in compliance with Rule 5.14 in that it had not been printed.
The SPEAKER sustained the Point of Order.
Rep. R. BROWN moved to waive Rule 5.14, which not receiving the necessary two-thirds vote, was rejected by a division vote of 54 to 28.
The SPEAKER then ordered the report to be printed in the Journal.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 8.
H. 3609 - Reps. T. Rogers, Felder, J. Bailey, K. Bailey, Barber, G. Brown, J. Brown, R. Brown, Burch, Chamblee, Elliott, Faber, Farr, Ferguson, Foster, Glover, Gordon, J. Harris, Harvin, Harwell, Huff, Keyserling, Lockemy, McAbee, McBride, McGinnis, Moss, Neilson, Nesbitt, Phillips, Rhoad, J. Rogers, Rudnick, Snow, Stoddard, Taylor, Tucker, Waites, Waldrop, Washington, White, Wilder, D. Williams, Winstead, Holt, D. Martin, Lanford, G. Bailey, Boan, McEachin, Littlejohn and Wilkes: A BILL TO AMEND SECTION 9-1-1510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AGE AND YEARS OF CREDIT SERVICE REQUIREMENTS FOR RETIREMENT UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO CHANGE THE YEARS OF SERVICE REQUIREMENT FROM THIRTY TO TWENTY-FIVE YEARS FOR RETIREMENT; TO AMEND SECTION 9-1-1550, AS AMENDED, RELATING TO SERVICE RETIREMENT ALLOWANCES FOR MEMBERS OF THE SOUTH CAROLINA RETIREMENT SYSTEM, SO AS TO INCREASE THE MULTIPLIER FRACTION USED IN CALCULATING SERVICE RETIREMENT BENEFITS IN THE CASE OF CLASS TWO MEMBERS FROM ONE AND SEVEN-TENTHS PERCENT TO TWO PERCENT; TO AMEND SECTION 59-1-400, RELATING TO SICK LEAVE FOR SCHOOL DISTRICT EMPLOYEES, SO AS TO PROVIDE THAT SCHOOL DISTRICT EMPLOYEES MUST BE PAID ON RETIREMENT FOR THEIR UNUSED SICK LEAVE, NOT TO EXCEED FORTY-FIVE DAYS; TO AMEND SECTION 9-1-10, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE RETIREMENT SYSTEM, SO AS TO ALLOW SCHOOL DISTRICT EMPLOYEES TO ELECT TO INCLUDE IN THEIR "AVERAGE FINAL COMPENSATION" PAYMENTS FOR UP TO FORTY-FIVE DAYS OF UNUSED SICK LEAVE AND ANY INCENTIVE PAY FUNDS AND OTHER COMPENSATION BEYOND CONTRACTED PAY; AND TO AMEND THE 1976 CODE BY ADDING SECTION 9-1-1135 SO AS TO PROVIDE THAT MEMBERS MAY PURCHASE OUT-OF-STATE CREDIT SERVICE WHICH WOULD HAVE BEEN CREDITABLE IF THE SERVICE HAD BEEN PERFORMED IN SOUTH CAROLINA.
Rep. BLACKWELL moved that the House recede until 2:00 P.M.
Rep. COOPER moved that the House do now adjourn.
Rep. T. ROGERS raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Barfield Baxley Beasley Bennett Blackwell Brown, H. Burriss, M.D. Cooper Cork Corning Fair Ferguson Hallman Haskins Hearn Hendricks Holt Jaskwhich Kay Keyserling Kirsh Kohn Manly Martin, L. Mattos McCain McEachin McGinnis McLellan Nesbitt Nettles Rama Rhoad Sharpe Sheheen Short Simpson Smith Snow Stoddard Townsend Vaughn White Wilder Wilkins Wofford
Those who voted in the negative are:
Alexander, M.O. Bailey, G. Bailey, J. Bailey, K. Baker Barber Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Chamblee Clyborne Cole Corbett Elliott Faber Fant Farr Felder Foster Gentry Glover Gordon Harris, J. Harris, P. Harvin Harwell Hayes Huff Johnson, J.C. Keegan Keesley Koon Lanford Limehouse Littlejohn Lockemy McBride McElveen McLeod McTeer Moss Neilson Rogers, T. Rudnick Sturkie Taylor Waites Waldrop Washington Whipper Wilkes Winstead Wright
So, the House refused to adjourn.
The question then recurred to the motion to recede until 2:00 P.M., which was rejected.
Debate was resumed on Amendment No. 8, which was proposed by Reps. McLELLAN, McELVEEN and KIRSH.
Rep. HARVIN spoke against the amendment.
Rep. HARVIN continued speaking.
Rep. WASHINGTON moved to table the amendment.
Rep. FELDER demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, J. Bailey, K. Baker Barfield Bennett Blanding Boan Brown, J. Brown, R. Bruce Burch Carnell Chamblee Cole Cork Corning Derrick Elliott Faber Fant Farr Felder Ferguson Foster Gentry Glover Gordon Harris, J. Harris, P. Harvin Harwell Huff Johnson, J.C. Johnson, J.W. Kay Keesley Kohn Lanford Littlejohn Lockemy McAbee McBride McCain McGinnis Moss Neilson Nesbitt Nettles Rogers, T. Rudnick Short Smith Snow Stoddard Sturkie Taylor Waites Waldrop Washington Wilkes Williams, D. Winstead Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Barber Baxley Beasley Blackwell Brown, H. Burriss, M.D. Burriss, T.M. Clyborne Cooper Corbett Fair Gregory Hallman Haskins Hayes Hearn Hendricks Holt Jaskwhich Keegan Keyserling Kirsh Koon Limehouse Manly Martin, L. Mattos McEachin McElveen McLellan McTeer Sheheen Simpson Townsend Vaughn Whipper White Wilder Wilkins Wofford
So, the amendment was tabled.
Wells (Present) Aye
Davenport (Absent) Nay
Reps. HENDRICKS and SIMPSON proposed the following Amendment No. 9 (Doc. No. 4337U), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION _. Before the provisions of this act take effect the State Budget and Control Board shall make a detailed study of its effect on state agency personnel. The study must be submitted to the House of Representatives and Senate in January, 1990. After consideration of the study the General Assembly may establish this act's effective date./
Renumber sections to conform.
Amend title to conform.
Rep. HENDRICKS explained the amendment.
Rep. SIMPSON spoke in favor of the amendment.
Rep. T. ROGERS moved to table the amendment, which was agreed to by a division vote of 62 to 35.
Rep. T. ROGERS proposed the following Amendment No. 10 (Doc. No. 4345U), which was adopted.
Amend the Ways and Means Committee amendment to H. 3609, dated April 25, 1989, bearing document number 3933U, as and if amended, by striking item (3) of Section 9-1-1550(A) as contained in SECTION 3, page 8, and inserting:
/ (3) If he has a prior service certificate in full force and effect, an additional employer annuity which must be is equal to the employee annuity which would have been provided at age sixty-five or at age of retirement, whichever is less, by twice the contributions which he would have made during his entire period of prior service had the System been in operation and had he contributed thereunder in the System during such the entire period.
Upon retirement from service on or after July 1, 1988, a Class One member shall receive a service retirement allowance computed as follows: If the member's service retirement date occurs on or after his sixty-fifth birthday, or after he has completed thirty twenty-five or more years of creditable service, the allowance must be equal to one and thirty-five hundredths four-tenths percent of his average final compensation multiplied by the number of years of his creditable service.
If the member's service retirement date occurs before his sixty-fifth birthday and before he completes thirty twenty-five years of creditable service, his service retirement allowance is computed as above, but is reduced by five-twelfths of one percent thereof for each month by which his retirement date precedes the first day of the month, prorated for periods less than a month, coincident with or next following his sixty-fifth birthday.
Notwithstanding the foregoing provisions, any Any Class One member who retires on or subsequent to July 1, 1976, shall receive not less than the benefit provided under the formula in effect prior to before July 1, 1976./
Amend the amendment further by striking SECTION 7, page 13, and inserting:
/SECTION 7. This act takes effect July 1, 1989./
Renumber sections to conform.
Amend totals and title to conform.
Rep. T. ROGERS explained the amendment.
The amendment was then adopted.
Reps. KIRSH and McLELLAN proposed the following Amendment No. 11 (Doc. No. 4355U), which was adopted.
Amend the amendment to H. 3609, sponsored by Reps. Kirsh and McLellan, dated April 24, 1989, bearing document number 3920U, as and if amended, by striking the third paragraph of Section 9-1-1020, page 4, and inserting:
/ The rates of the deductions must be, without regard to a member's coverage under the Social Security Act, as follows: in the case of Class One members, five 6.11 percent of earnable compensation and, in the case of Class Two Members, six 7.11 percent of earnable compensation./
Amend title to conform.
Rep. McLELLAN explained the amendment.
Rep. FELDER spoke against the amendment.
Rep. FAIR spoke upon the amendment.
Rep. BLACKWELL moved that the House recede until 2:30 P.M.
Rep. WILKINS moved that the House do now adjourn.
Rep. RUDNICK raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was not sustained by the chair.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Baxley Beasley Bennett Brown, H. Burriss, M.D. Cooper Cork Corning Fair Fant Gregory Hallman Haskins Hearn Hendricks Holt Kay Kirsh Limehouse Martin, L. McCain McEachin McLellan Nettles Rama Rhoad Sharpe Sheheen Short Simpson Townsend Vaughn White Wilder Wilkins Williams, D. Wofford
Those who voted in the negative are:
Alexander, M.O. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Blackwell Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Carnell Chamblee Clyborne Cole Corbett Derrick Elliott Faber Farr Felder Ferguson Foster Gentry Glover Gordon Harris, J. Harris, P. Harvin Harwell Hayes Huff Jaskwhich Johnson, J.C. Keegan Keesley Keyserling Kohn Koon Lanford Littlejohn Lockemy Manly Martin, D. Mattos McAbee McBride McElveen McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Quinn Rogers, J. Rogers, T. Rudnick Smith Snow Sturkie Taylor Waites Waldrop Wells Whipper Wilkes Winstead Wright
So the House refused to adjourn.
Rep. BLACKWELL withdrew the motion to recede until 2:30 P.M.
Rep. H. BROWN spoke upon the amendment.
The amendment was then adopted.
Rep. J. ROGERS proposed the following Amendment No. 12 (Doc. No. 4363U), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . Chapter 25 of Title 59 of the 1976 Code is amended by adding:
Section 59-25-900. (A) Teachers are eligible for sabbatical leaves for the purpose of professional or cultural improvement for two semesters following any thirty ;or more consecutive semesters of active service in a school district or school districts of this State.
(B) Active service accumulated toward sabbatical leave as provided in subsection (A) is not considered to be interrupted by any of the following:
(1) absence on sick leave;
(2) absence on maternity leave provided that the leave is for the period of disability occasioned by pregnancy or childbirth as determined by a certificate from the employee's attending physician;
(3) absence on involuntary military service in the armed forces of the United States;
(4) absence on military leave.
Section 59-25-905. (A) Applications for sabbatical leave must be made on a form to be provided by the superintendent of the district where the teacher is presently employed. Applications must be sent to the superintendent by registered mail at least sixty days preceding the beginning of the semester of the school year for which leave is requested.
(B) The superintendent shall inform the teacher of the approval or denial of sabbatical leave at least thirty days preceding the beginning of the semester of the school year for which the leave is requested.
Section 59-25-910. Whenever in accordance with the provisions of this article some of the applications cannot be granted from among those which would otherwise be granted, those to be granted, except as hereinafter specified, must be determined in the manner provided by this section. Preference in every case must be given to the applicant who has rendered active service in a school system or systems of the State for the greatest number of consecutive semesters immediately preceding the period for which leave is requested, except that where any two applicants rank equally in point of continuous service, preference must be given to the applicant who has rendered service in a school system or systems of this State for the greater total number of semesters, and except that where any two applicants rank equally both in point of continuous service and in point of total service, preference must be given to the applicant whose date of birth is earlier. Whenever, in accordance with the method of selection outlined in this section, the quota established for sabbatical leave has been filled, all remaining applications must be rejected for that school year. Those whose applications are rejected have the right to reapply in any future school year.
Section 59-25-915. Every applicant must be notified by the superintendent in writing within thirty days after the final day for the filling of the application whether the application has been granted or rejected. If the application has been rejected, the reasons for the rejection must be specified.
Section 59-25-920. No person whose application for sabbatical leave has been granted may be denied this leave. Every application shall specify:
(1) the period for which leave is requested;
(2) the precise manner, insofar as possible, in which the leave, if granted, will be spent;
(3) the semesters spent in active service in each school district in this State; and
(4) the date of birth of applicant.
The application shall contain a statement, over the signature of the applicant, that he agrees to comply with the provisions of this article.
Section 59-25-925. Any applicant who, at the expiration of the semester in which he applies, is ineligible for the sabbatical leave requested or who has not complied with the provisions of this article shall have his application rejected, but all other applicants must have their applications granted provided that at any time during the school year the number of persons on sabbatical leave in the district does not exceed five percent of the total number of certified personnel in the district who are employed for a majority of their time in direct instruction of students.
Section 59-25-930. (A) Every person on sabbatical leave during each semester of leave must do the following:
(1)(a) Pursue a program of study earning at least twelve undergraduate credit hours, nine graduate credit hours, or be certified a full-time student at an institution of higher learning accredited by the board of education of the state or territory in which the institution is located. Upon the written affidavit of any person to the superintendent of the district where the person is employed stating that he is unable to obtain sufficient graduate or undergraduate course work to meet the requirements of this subitem, the superintendent may waive the requirements of this subitem to the extent that the person may pursue a program of study earning at least ten undergraduate credit hours or six graduate credit hours. If less than fifteen weeks is so spent, the number of weeks less than fifteen not so spent must be spent in one or the other of the two alternatives below;
(2) Pursue a program of independent study, research, authorship, or investigation which involves an approximately equivalent amount of work and which is approved by the employing school board; or
(3) Engage in travel which is so planned as to be of definite educational value and which is approved by the employing school board.
(b) Each person granted sabbatical shall be prohibited as a condition of his leave to be employed by any public or private elementary or secondary school in any other state during his leave.
Section 59-25-935. Every person on sabbatical leave shall transmit to the district superintendent within thirty days after the beginning of each semester of leave a written report of approximately one hundred words, of the manner in which the leave will be spent, and within thirty days after the end of the leave, a written report of approximately two hundred and fifty words, of the manner in which the leave has been spent. In case the person has elected to spend any semester in accordance with provisions of Section 59-25-930(a), the initial report shall indicate the institution being attended and the number of credit hours being taken, and the final report must be accompanied by official evidence that the number of credit hours required has been taken at the institution specified.
Section 59-25-940. Any person who fails to comply with the provisions of Sections 59-25-930 and 59-25-935 may have his leave terminated by the superintendent at any time, except where noncompliance is due to conditions which would have constituted sufficient grounds for failing to perform his duties had he been in active service.
Section 59-25-945. No person on sabbatical leave may be denied the regular increment of increase in salary because of absence on sabbatical leave.
Section 59-25-950. Every person on sabbatical leave must be returned at the beginning of the semester immediately following the leave to the same position from which the leave was taken, unless otherwise agreed to by him.
Section 59-25-955. Every person on sabbatical leave shall enjoy all the rights and privileges pertaining to his position and employment which he would have enjoyed had he not taken his leave but remained in active service in the school in which he is employed.
Section 59-25-960. (A) Each person granted sabbatical leave shall sign an agreement or contract with his employing school board stipulating that, as a condition of his sabbatical leave, he shall return to service for two semesters following the expiration of his leave in the school system granting the leave.
(B) Should a person taking sabbatical leave fail to return to service in the school system granting leave for two semesters following the expiration of the leave for any reason other than incapacitating illness as certified by two physicians, that person shall forfeit all compensation received during the leave period.
Section 59-25-965. The South Carolina Retirement System shall pay benefits to teachers on sabbatical leave pursuant to this article as if the teachers on leave were entitled to service retirement with twenty-five years of creditable service. The time on sabbatical leave does not count in calculating years of creditable service. The actuarial cost of this provision must be paid by increased employee contributions of teachers only to the South Carolina Retirement System."/
Renumber to conform.
Amend title to conform.
Rep. J. ROGERS explained the amendment.
Rep. HOLT raised the Point of Order that Amendment No. 12 was out of order as it was not germane to the Bill.
The SPEAKER stated that the Amendment applied to benefits under the South Carolina Retirement System, therefore, it was germane and he overruled the Point of Order.
Rep. J. ROGERS continued speaking.
The SPEAKER granted Rep. J.C. JOHNSON a leave of absence for the remainder of the day.
Rep. J. ROGERS continued speaking.
Rep. KIRSH moved to table the amendment.
Rep. J. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Barfield Baxley Blanding Brown, G. Brown, H. Burriss, M.D. Clyborne Fair Glover Hallman Haskins Hearn Holt Jaskwhich Kirsh McAbee McElveen McLeod McTeer Nettles Quinn Rama Simpson Vaughn
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Beasley Bennett Blackwell Boan Brown, J. Brown, R.. Bruce Chamblee Cole Cooper Corbett Cork Corning Derrick Elliott Faber Fant Farr Felder Ferguson Foster Gentry Gregory Harris, J. Harris, P. Harvin Harwell Hayes Hendricks Huff Johnson, J.W. Kay Keegan Keesley Keyserling Kohn Lanford Limehouse Littlejohn Lockemy Manly Martin, D. Martin, L. Mattos McBride McCain McEachin McGinnis McLellan Moss Neilson Nesbitt Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Smith Snow Sturkie Taylor Townsend Waites Waldrop Whipper Wilder Wilkes Wilkins Winstead Wofford Wright
So, the House refused to table the amendment.
CARNELL (Present) Aye
J.C. JOHNSON (Absent) Nay
The question then recurred to the adoption of the amendment, which was agreed to.
Debate was resumed on Amendment No. 5, by Reps. KIRSH and McLELLAN.
Rep. McLELLAN moved to table the amendment, which was agreed to.
Rep. BAXLEY spoke against the Bill.
Rep. CORNING proposed the following amendment No. 13 (Doc. No. 4363U), which was adopted.
Amend the bill, as and if amended, by amending section 59-25-905 (A) to read: Section 59-25-905. (A) Applications for sabbatical leave must be made on a form to be provided by the superintendent of the district where the teacher is presently employed. Applications must be sent to the superintendent by registered mail at least one hundred and twenty days preceding the beginning of the school year for which leave is requested.
(B) The superintendent shall inform the teacher of the approval or denial of sabbatical leave at least ninety days preceding the beginning of the school year for which the leave is requested.
Rep. BAXLEY proposed the following Amendment No. 14 (Doc. No. 4366U), which was tabled.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . Notwithstanding the provisions of Chapter 1, Title 9 of the 1976 Code, no member of the South Carolina Retirement System with more than twenty-five but less than thirty years creditable service who has not attained the age of sixty-five years may retire without penalty unless that member pays in a lump sum to the System the difference between the actual employee contributions he made to it during his creditable service and the amount that his contributions would equal if his contribution rate was seven percent of compensation for all of his years of creditable service./
Renumber sections to conform.
Amend title to conform.
Rep. BAXLEY explained the amendment.
Rep. FOSTER moved to table the amendment which was agreed to by a division vote of 62 to 35.
The question then recurred to the passage of the Bill on second reading, as amended.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Beasley Bennett Blanding Boan Brown, G. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Faber Fant Farr Felder Ferguson Foster Gentry Glover Gordon Gregory Harris, J. Harris, P. Harvin Harwell Hearn Hendricks Holt Huff Jaskwhich Johnson, J.W. Kay Keegan Keesley Keyserling Kohn Koon Lanford Limehouse Littlejohn Lockemy Manly Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Short Smith Snow Sturkie Taylor Townsend Waites Waldrop Washington Wells White Wilder Wilkes Wright
Those who voted in the negative are:
Brown, H. Davenport Fair Hallman Haskins Hayes Kirsh Martin, D. McLellan Rama Sheheen Simpson Vaughn Whipper Wilkins Wofford
So, the Bill, as amended, was read the second time and ordered to third reading.
WINSTEAD (Present) Aye
MAPPUS (Absent) Nay
BAXLEY (Present) Nay
J.C. JOHNSON (Absent) Aye
Rep. FELDER asked unanimous consent that H. 3609 be read a third time tomorrow.
Rep. DAVENPORT objected.
Due to surgery; I was absent and unable to cast a yes vote on H. 3609. Had I been present I would have voted yes!
Rep. JARVIS R. KLAPMAN
I did not vote on this Bill because of a possible conflict of interest. Two members of my family are teachers who possibly could profit from the passage of this legislation.
Rep. DILL BLACKWELL
Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 3996 -- Rep. Wright: A CONCURRENT RESOLUTION CONGRATULATING MRS. NANCY HAWK OF CHARLESTON COUNTY ON BEING CHOSEN THE 1989 NATIONAL MOTHER OF THE YEAR.
H. 3996 -- Reps. Mappus, Barber, Rama, Hallman, J. Bailey, Holt, Kohn, D. Martin, Washington, Whipper and Winstead: 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 1989 NATIONAL MOTHER OF THE YEAR.
At 1:40 P.M. the House in accordance with the motion of Rep. HALLMAN adjourned in memory of Deacon Luther Thames of Manning to meet at 10:00 A.M. tomorrow.
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