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 our God, once again we turn from the world around, from the agenda and pressing demands of this day, to show our thanks for Your blessings and as evidence of need of Your continued help. Show us whose we are and what we ought to do. And as we shall leave this place for awhile, enable us to look backward and see Your goodness, to look around and see the never-ending needs of our fellow beings, to look within to examine our own consciences, to look upward to seek Your wisdom, to work every day to move forward "Your will on earth as it is in Heaven." Here and wherever we go may we use "Your Word as a lamp unto our feet and a light unto our paths."
Be with us now and remain with us always. 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 31, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on H. 3161 and the Report having been adopted by both Houses:
H. 3161 -Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE PUBLIC SERVICE COMMISSION FOR SIX YEARS; TO AMEND SECTIONS 58-3-100, 58-5-240, 58-9-540, 58-21-10, 58-23-20, 58-23-330, AS AMENDED, 58-23-1010, AND 58-27-870, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION, SO AS TO PROVIDE A PENALTY FOR COUNTIES WHICH DO NOT REMIT ASSESSMENTS TO THE COMMISSION IN A TIMELY MANNER, TO REQUIRE THE COMMISSION TO DOCUMENT REASONS FOR CHANGES IN RATES AND SPECIFY AN ALLOWABLE OPERATING MARGIN IN WATER AND WASTEWATER RATE ORDERS, TO PROVIDE THAT THE COMMISSION MAY NOT FIX OR APPROVE THE RATES, FARES, OR CHARGES FOR INTERURBAN RAILWAYS OR BUSES, TO PROVIDE THAT BUSES OF REGULATED UTILITIES ARE NOT EXEMPT FROM COMMISSION REGULATION BUT THAT MOTOR VEHICLES OF MOTOR CARRIERS USED INCIDENTAL TO THE CARRIER'S BUSINESS ARE NOT SUBJECT TO COMMISSION REGULATION, TO PROVIDE THAT CERTIFICATES OF MOTOR CARRIERS OR AMENDMENTS TO THEM MUST BE APPROVED ACCORDING TO CRITERIA ESTABLISHED BY THE COMMISSION, AND TO PROVIDE THAT REASONS FOR RESTRICTIONS ON CERTIFICATES OR AMENDMENTS MUST BE JUSTIFIED BY THE COMMISSION IN WRITING; AND TO REPEAL SECTIONS 58-11-10 THROUGH 58-11-160, SECTION 58-23-1510, AND ARTICLE 19, CHAPTER 9 OF TITLE 58 RELATING TO RADIO COMMON CARRIERS, BUSES, AND TAXIS IN CITIES OF THIRTY THOUSAND TO FIFTY THOUSAND POPULATION AND TELEGRAPH AND EXPRESS COMPANIES.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
The following was received.
Columbia, S.C., May 31, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it refused to concur in the amendments proposed by the House to S. 498:
S. 498 -- Senators Drummond, Hayes and Pope: A BILL TO AMEND SECTION 49-1-50, CODE OF LAWS SOUTH CAROLINA, 1976, RELATING TO SALE OF DRIFTED OBJECTS, SO AS TO DELETE PROVISIONS RELATING TO WATERCRAFT; TO AMEND SECTIONS 50-23-10, 50-23-30, 60-23-60, 5023-120, 50-23-170, 50-23-200, 50-23-205, 50-23-270, AND 50-23-280, RELATING TO TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE BOATS AND OTHER WATERCRAFT FROM PROVISIONS REGULATING MATERIALS FOUND DRIFTING, TO CHANGE AND ADD DEFINITIONS, TO EXEMPT COMMERCIAL BARGES, WINDSURFERS, AND WATERCRAFT PROPELLED EXCLUSIVELY BY HUMAN POWER OR WITH OARS, PADDLES, OR SIMILAR DEVICES FROM TITLING REQUIREMENTS, TO CHANGE PROCEDURES FOR APPLYING FOR A TITLE CERTIFICATE, TO PROVIDE FOR APPLICATION FOR DUPLICATE CERTIFICATES, TO PROVIDE A LATE FEE, TO PROVIDE FOR THE FORM OF THE MANUFACTURER'S OR IMPORTER'S CERTIFICATE, TO DEFINE "HOMEMADE WATERCRAFT OR OUTBOARD MOTOR", TO CHANGE PROVISIONS RELATING TO SERIAL NUMBERS AND IDENTIFICATION NUMBERS, TO ESTABLISH ACTS WHICH PROHIBIT THE LAWFUL OPERATION OF WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE THAT IT IS UNLAWFUL TO DEAL WITH A WATERCRAFT OR OUTBOARD MOTOR BY A PERSON WHO HAS REASON TO BELIEVE IT IS STOLEN, TO PROVIDE FOR DISPOSAL OF STOLEN, ABANDONED, JUNKED, ADRIFT, DESTROYED, OR SALVAGED WATERCRAFT OR OUTBOARD MOTORS, AND TO INCREASE PENALTIES FOR VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-23-135, 50-23-185, 50-23-275, AND 50-23-290 SO AS TO PROVIDE FOR TITLING ABANDONED, JUNKED, ADRIFT, AND SALVAGED WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE FOR THE INSPECTION OF FACILITIES INVOLVED WITH WATERCRAFT AND OUTBOARD MOTORS, TO REQUIRE TITLING OF WATERCRAFT OR OUTBOARD MOTORS NOT PREVIOUSLY TITLED, AND TO PROVIDE FOR CONDITIONAL TITLES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has tabled H. 4081:
H. 4081 -- Reps. Gordon, Snow and Harvin: A JOINT RESOLUTION TO PROVIDE WILLIAMSBURG-BLAKELEY HIGH SCHOOL IN THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY MAY NOT BE CLOSED BEFORE THE END OF THE 1991-92 SCHOOL YEAR.
Very Respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that the report of the Committee of Free Conference on H. 3695, having been adopted by both Houses:
H. 3695 -- Labor, Commerce and Industry Committee: A BILL TO AMEND SECTIONS 38-77-30, AS AMENDED, 38-77-150, 38-77-160, AS AMENDED, 38-77-110, 38-77-140, 38-73-735, 38-73-10, 38-73-40, 38-73-720, 38-73-730, 38-73-750, 38-73-760, 38-73-770, 38-77-10, AS AMENDED, 38-77-910, 38-77-950, AS AMENDED, 38-77-280, AS AMENDED, 38-77-112, AS AMENDED, 38-77-580, AS AMENDED, 38-77-620, 38-77-920, 38-57-130, 38-55-170, 38-73-1210, 38-73-455, AS AMENDED, 38-77-590, AS AMENDED, 38-73-457, AS AMENDED, AND 38-57-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE'S INSURANCE LAWS, 56-9-330, 56-10-240, AS AMENDED, 56-10-40, 56-10-280, 56-1-80, AND 56-3-1350, RELATING TO THE MOTOR VEHICLE LAWS, 37-6-604 AND 37-6-605, RELATING TO THE DIVISION OF CONSUMER ADVOCACY IN THE DEPARTMENT OF CONSUMER AFFAIRS, 16-11-125, RELATING TO THE CRIME OF MAKING FALSE CLAIM OR STATEMENT IN SUPPORT OF A CLAIM TO OBTAIN INSURANCE BENEFITS FOR FIRE OR EXPLOSION LOSS, 16-11-130, RELATING TO THE CRIME OF BURNING PERSONAL PROPERTY TO DEFRAUD AN INSURER, 23-41-30, RELATING TO THE ARSON REPORTING-IMMUNITY ACT AND THE RELEASE OF INFORMATION BY AN INSURANCE COMPANY, AND ACT 683 OF 1988, RELATING TO THE WAITING PERIOD REQUIRED BY SECTION 38-73-960 AND ITS EXTENSION BY THE CHIEF INSURANCE COMMISSIONER, AND BY ADDING SECTIONS 38-77-341, 34-3-110, 38-77-114, 38-73-467, 38-77-25, 38-73-545, 38-73-550, 38-73-555, 38-77-111, 38-77-113, 38-73-1370, 38-73-1380, 38-73-1400, 38-73-1410, AND 38-73-1420 AND ARTICLE 48 TO CHAPTER 5, TITLE 56 (SAFETY BELTS AND PENALTY), SO AS TO ENACT THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989"; TO DELETE SUBSECTION (E) OF SECTION 38-77-280, RELATING TO AUTHORIZATION FOR INSURERS OF AUTOMOBILE INSURANCE TO CHARGE A RATE FOR PHYSICAL DAMAGE INSURANCE COVERAGES DIFFERENT FROM THOSE PROVIDED FOR ELSEWHERE IN THE INSURANCE CODE AND TO THE PROVISION THAT NO POLICY OF AUTOMOBILE INSURANCE WHICH INCLUDES PHYSICAL DAMAGE INSURANCE COVERAGES OFFERED TO AN APPLICANT OR EXISTING POLICYHOLDER PURSUANT TO THIS SUBSECTION MAY BE CEDED TO THE REINSURANCE FACILITY: TO REPEAL SECTIONS 38-77-240, 38-77-250, 38-77-260, 38-77-270, 38-77-290, 38-77-300, AND 38-77-310, RELATING TO AUTOMOBILE INSURANCE: TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE CRIME IN SECTION 16-11-125 (IF THE CLAIM IS FIVE HUNDRED DOLLARS OR MORE), THE CRIMES IN SECTION 16-11-130, AND THE CRIMES RELATING TO WILFULLY INCLUDING IN A PRIVATE PASSENGER AUTOMOBILE INSURANCE RATE FILING ANY EXPENSE OR LOSS WHICH WAS GENERATED IN WHOLE OR IN PART BY EITHER ANOTHER LINE OF INSURANCE OR GENERAL EXPENSES OR OVERHEAD APPLICABLE TO ALL LINES {EXCEPT UNDER CERTAIN CIRCUMSTANCES), OR RELATING TO ADOPTING A DIFFERENT METHOD OR USAGE OF ALLOCATING OR TREATING EXPENSES OR LOSSES FOR PURPOSES OF RATE FILINGS IN SOUTH CAROLINA FROM THAT WHICH IT USES IN OTHER STATES FOR SIMILAR LINES OF INSURANCE (EXCEPT UNDER CERTAIN CONDITIONS), OR RELATING TO GIVING A FALSE AFFIDAVIT THAT AN INSURANCE COMPANY'S EXPENSES ARE BEING ALLOCATED AND TREATED PROPERLY AND THAT PRIVATE PASSENGER AUTOMOBILE INSUREDS ARE NOT BEING CHARGED AN INEQUITABLE OR UNFAIR SHARE OF THE INSURER'S EXPENSES, ACQUISITION COSTS, OVERHEAD, OR OTHER EXPENSES; AND, IN ENACTING THE "AUTOMOBILE INSURANCE REFORM ACT OF 1989", TO INCLUDE SEPARATE, ADDITIONAL PROVISIONS DEALING WITH, AMONG OTHER THINGS, PROVISIONS THAT NO UNINSURED ON UNDERINSURED MOTORIST COVERAGE NEED BE PROVIDED IN SOUTH CAROLINA BY ANY EXCESS OR UMBRELLA POLICY OF INSURANCE, PROVIDING THAT WITHIN FORTY-FIVE DAYS AFTER THE EFFECTIVE DATE OF THIS ACT ALL LICENSED INSURERS AND LICENSED RATING ORGANIZATIONS AUTHORIZED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE OR TO FILE PRIVATE PASSENGER AUTOMOBILE INSURANCE RATES ON BEHALF OF THEIR MEMBERS OR SUBSCRIBERS MUST SUBMIT TO THE CHIEF INSURANCE COMMISSIONER REVISED BASE RATES AND OBJECTIVE STANDARD RATES FOR PRIVATE PASSENGER AUTOMOBILE BODILY INJURY LIABILITY COVERAGE AND UNINSURED MOTORIST COVERAGE AND PROVIDING THAT THESE REVISED RATES MUST REFLECT A DECREASE IN THE APPROVED PREMIUM CHARGE FOR EACH OF THESE COVERAGES OF NOT LESS THAN SIX AND NINE-TENTHS PERCENT, REQUIRING THE CHIEF INSURANCE COMMISSIONER AT LEAST ANNUALLY TO CAUSE TO HAVE PUBLISHED AND MAKE AVAILABLE A REPRESENTATIVE SAMPLE OF THE PRIVATE PASSENGER PREMIUMS BEING CHARGED BY AT LEAST THE TWENTY INSURANCE COMPANIES HAVING THE LARGEST MARKET SHARE IN EACH TERRITORY TO FACILITATE PRICE COMPARISONS BY INSUREDS AND PROSPECTIVE INSUREDS WHO ARE SEEKING NEW COVERAGE, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE ON POLICIES WHEREIN THE AMOUNT OF THE SETTLEMENT, JUDGMENT, OR OTHER PAYMENT BY THE INSURER WAS IN EXCESS OF THE POLICY LIMITS EXCLUSIVE OF INTEREST AND COSTS, PROVIDING THAT NO RATE FILING FOR PRIVATE PASSENGER AUTOMOBILE INSURANCE MAY INCLUDE OR BE BASED UPON ACTUAL OR PROJECTED LOSS OR EXPENSE DATA WHICH INCLUDES PAYMENTS MADE AS A RESULT OF THE INSURER'S TORTIOUS BREACH OF ITS DUTY OF GOOD FAITH AND FAIR DEALING, PROVIDING THAT THERE IS NO PERSONAL INJURY PROTECTION COVERAGE MANDATED UNDER THE AUTOMOBILE INSURANCE LAWS OF THIS STATE BUT THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, PROVIDING THAT MEDICAL PAYMENTS COVERAGE MAY BE OFFERED AS AN OPTIONAL COVERAGE UNDER THE AUTOMOBILE INSURANCE LAWS OF THE STATE BUT THAT THERE IS NO REQUIREMENT THAT MEDICAL PAYMENTS COVERAGE BE OFFERED AND THAT IF AN INSURER OFFERS THIS COVERAGE, THE BENEFITS PAYABLE UNDER THE COVERAGE MAY BE ASSIGNED TO HOSPITALS, FUNERAL HOMES, PHYSICIANS, OR OTHER MEDICAL PROVIDERS, REQUIRING THAT, TO INSURE THAT ALL AUTOMOBILE INSURANCE POLICIES ARE RATED TO REFLECT THE DRIVING RECORD OF ALL INSUREDS NAMED IN THE POLICY, ALL INSURERS OR THEIR AGENTS ARE REQUIRED TO OBTAIN A MOTOR VEHICLE REPORT ON EACH NAMED INSURED AT THE POINT OF SALE AND AT LEAST ANNUALLY AFTER THE SALE, AND REQUIRING THE CHIEF INSURANCE COMMISSIONER TO REVIEW ALL FORMS OF INSURANCE COVERED BY ANY SECTION OF THIS ACT AND TO ORDER RATE REDUCTIONS AS REQUIRED BY THIS ACT.
has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators McConnell, Leatherman and Leventis of the Committee of Free Conference on the part of the Senate on S. 93:
S. 93 - Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9, ARTICLE 1, CHAPTER 35, TO TITLE 11, SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE REPORTING OF FURNITURE AND CERTAIN PURCHASES BY A GOVERNMENTAL BODY.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 31, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 93, and the Report having been adopted by both Houses:
S. 93 -- Senator McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SUBARTICLE 9, ARTICLE 1, CHAPTER 35, TO TITLE 11, SO AS TO PROVIDE FOR THE REQUIREMENTS FOR THE REPORTING OF FURNITURE AND CERTAIN PURCHASES BY A GOVERNMENTAL BODY.
has ordered the Bill Enrolled for Ratification.
Very Respectfully,
President.
Received as information.
The following was received.
Columbia, S.C., May 31, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has tabled H. 3401:
H. 3401 -- Reps. Cork, T.M. Burriss, Derrick and Taylor: A BILL TO AMEND SECTIONS 37-2-405 AND 37-3-402, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHT OF THE CONSUMER TO REFINANCE BALLOON PAYMENTS DUE PURSUANT TO CONSUMER CREDIT SALES AND CONSUMER LOANS UNDER THE SOUTH CAROLINA CONSUMER PROTECTION CODE, SO AS TO EXEMPT FROM THE REQUIREMENTS OF THE SECTIONS ALL CREDIT TRANSACTIONS AND ALL CONSUMER LOANS RATHER THAN ONLY THOSE IN WHICH THE PRIMARY SECURITY IS A REAL ESTATE LIEN IF THE FORMULA FOR DETERMINING CHARGES OR CHANGES IN PAYMENTS UPON RENEGOTIATION IS INCLUDED IN THE AGREEMENT.
Very respectfully,
President
The Senate returned to the House with amendments the following:
S. 498 -- Senators Drummond, Hayes and Pope: A BILL TO AMEND SECTION 49-1-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALE OF DRIFTED OBJECTS, SO AS TO DELETE PROVISIONS RELATING TO WATERCRAFT; TO AMEND SECTIONS 50-23-10, 50-23-30, 50-23-60, 50-23-120, 50-23-170, 50-23-200, 50-23-205, 60-23-270, AND 50-23-280, RELATING TO TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO DELETE BOATS AND OTHER WATERCRAFT FROM PROVISIONS REGULATING MATERIALS FOUND DRIFTING, TO CHANGE AND ADD DEFINITIONS, TO EXEMPT COMMERCIAL BARGES, WINDSURFERS, AND WATERCRAFT PROPELLED EXCLUSIVELY BY HUMAN POWER OR WITH OARS, PADDLES, OR SIMILAR DEVICES FROM TITLING REQUIREMENTS, TO CHANGE PROCEDURES FOR APPLYING FOR A TITLE CERTIFICATE, TO PROVIDE FOR APPLICATION FOR DUPLICATE CERTIFICATES, TO PROVIDE A LATE FEE, TO PROVIDE FOR THE FORM OF THE MANUFACTURER'S OR IMPORTER'S CERTIFICATE, TO DEFINE "HOMEMADE WATERCRAFT OR OUTBOARD MOTOR", TO CHANGE PROVISIONS RELATING TO SERIAL NUMBERS AND IDENTIFICATION NUMBERS, TO ESTABLISH ACTS WHICH PROHIBIT THE LAWFUL OPERATION OF WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE THAT IT IS UNLAWFUL TO DEAL WITH A WATERCRAFT OR OUTBOARD MOTOR BY A PERSON WHO HAS REASON TO BELIEVE IT IS STOLEN, TO PROVIDE FOR DISPOSAL OF STOLEN, ABANDONED, JUNKED, ADRIFT, DESTROYED, OR SALVAGED WATERCRAFT OR OUTBOARD MOTORS, AND TO INCREASE PENALTIES FOR VIOLATIONS; TO AMEND THE 1976 CODE BY ADDING SECTIONS 50-23-135, 50-23-185, 50-23-275, AND 50-23-290 SO AS TO PROVIDE FOR TITLING ABANDONED, JUNKED, ADRIFT, AND SALVAGED WATERCRAFT OR OUTBOARD MOTORS, TO PROVIDE FOR THE INSPECTION OF FACILITIES INVOLVED WITH WATERCRAFT AND OUTBOARD MOTORS, TO REQUIRE TITLING OF WATERCRAFT OR OUTBOARD MOTORS NOT PREVIOUSLY TITLED, AND TO PROVIDE FOR CONDITIONAL TITLES.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3167 -- Reps. Gregory, Fair, McLellan, Short, Kirsh, J. Brown and Wilkins: A BILL TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA ENVIRONMENTAL CERTIFICATION BOARD FOR SIX YEARS AND TO AMEND SECTION 40-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE ENVIRONMENTAL CERTIFICATION BOARD, SO AS TO DECREASE THE NUMBER OF MEMBERS FROM FOURTEEN TO SEVEN AND PROVIDE FOR THEIR APPOINTMENT.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3448 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND EMPLOYERS' RECORDS AND REPORTS OF INJURIES, SO AS TO PROVIDE THAT AN INJURY RESULTING IN NO COMPENSABLE LOST-TIME FOR MEDICALS OF AN AMOUNT SPECIFIED BY REGULATION MAY BE FILED ON A FORM 12-M WITHIN A CERTAIN PERIOD.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3052 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 23 TO CHAPTER 21, TITLE 12, SO AS TO PROVIDE FOR THE REGULATION OF THE GAME OF BINGO BY THE TAX COMMISSION, THE TERMS AND MANNER OF PLAYING THE GAME, EXCEPTIONS, CLASSES OF LICENSES FOR PLAYING THE GAME, A TAX ACCORDING TO THE CLASS OF LICENSE, WHO MAY CONDUCT THE GAME, THE HANDLING OF PROCEEDS, REPORTING OF RECEIPTS, BONDING REQUIREMENTS, A PROCEDURE FOR APPEAL OF REVOCATION OF THE LICENSE, INSPECTION AUTHORITY BY THE COMMISSION, DISPOSITION OF REVENUES FROM THE GAME, AND PENALTIES FOR VIOLATIONS; TO AMEND SECTION 12-54-90, RELATING TO REVOCATION OF A LICENSE BY THE COMMISSION, SO AS TO AUTHORIZE THE COMMISSION TO NOTIFY, BY CERTIFIED MAIL OR PERSONAL SERVICE, A PERSON WHOSE LICENSE IS REVOKED; AND TO REPEAL SECTIONS 12-21-2580 THROUGH 12-21-2630 AND CHAPTER 17 OF TITLE 52 RELATING TO THE REQUIREMENTS FOR SPONSORING BINGO GAMES, REQUIRING AN ANNUAL LICENSE AND AN ADMISSION TAX FOR THESE GAMES, PROVIDING FOR BONDING OF THE OPERATION OF THESE GAMES, AND FOR THE DISPOSITION OF THE REVENUE DERIVED FROM THE PROVISIONS OF SECTIONS 12-21-2590 AND 12-21-2600, AND THE DEFINITION OF THE TERMS AND MANNER OF PLAYING THE GAME OF BINGO AND THE DEFINITION OF WHICH ORGANIZATIONS MAY CONDUCT THE GAME.
Rep. KIRSH explained the Senate amendment.
Rep. LIMEHOUSE raised the Point of Order that the Bill was out of order as it was not in compliance with Rule 5.14.
The SPEAKER sustained the Point of Order.
Rep. McEACHIN moved to waive Rule 5.14, which was agreed to by a division vote of 85 to 0.
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 moved to commit the following Joint Resolution to the Committee on Judiciary, which was agreed to.
H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
The Senate returned to the House with amendments the following:
H. 3704 - Reps. Wilkins, Keesley, J. Rogers, McLellan, Huff, R. Brown, Moss, Bennett, Beasley, Gentry, Hayes, Clyborne, Hodges, Tucker, Wilder, Hendricks, Corning, Barber, Haskins, Rudnick, T.M. Burriss, Rama, Harvin, Jaskwhich, Davenport, Corbett, Vaughn, Hearn, Keegan, Wells, H. Brown, Wofford, Fair, J.W. Johnson, Littlejohn, P. Harris, M.O. Alexander, T. Rogers, Winstead, Mappus, Kay, Manly, Kohn, McAbee, Fant and L. Martin: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES INCLUDING THE AUTHORITY TO PROMULGATE ADVISORY SENTENCING GUIDELINES FOR THE CIRCUIT COURTS OF THIS STATE.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3217 -- Reps. Boan, McLellan and Taylor: A BILL TO AMEND SECTION 56-10-240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS ON INSURERS AND MOTOR VEHICLE OPERATORS WHEN A MOTOR VEHICLE IS NOT INSURED AS REQUIRED BY LAW, SO AS TO PROVIDE FOR THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO GIVE NOTICE OF THE CANCELLATION OR SUSPENSION OF A VEHICLES' REGISTRATION TO THE OWNER BY FIRST CLASS MAIL INSTEAD OF CERTIFIED MAIL.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 4091 -- Reps. Lockemy and Harwell: A BILL TO PROVIDE FOR AN ADVISORY REFERENDUM IN DILLON COUNTY AS TO WHETHER OR NOT THE QUALIFIED ELECTORS OF THE COUNTY FAVOR HAVING A SEVEN-MEMBER COUNTY BOARD OF EDUCATION TO BE ELECTED IN NONPARTISAN ELECTIONS FROM THE SAME SEVEN SINGLE-MEMBER ELECTION DISTRICTS FROM WHICH MEMBERS OF THE DILLON COUNTY COUNCIL ARE ELECTED.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act; and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3770 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTION 12-27-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ETHANOL MOTOR FUEL TAX INCENTIVE, SO AS TO ADD CORN AND ITS BY-PRODUCTS TO THE LIST OF FEED STOCKS IN THE DEFINITION OF FUEL ETHANOL, PROVIDE THAT TO QUALIFY FOR THE INCENTIVE THE PRINCIPAL FEED STOCK FROM WHICH FUEL ETHANOL IS DISTILLED MUST BE GROWN IN THIS STATE, AND TO DELETE THE RECIPROCITY PROVISION WHICH GIVES INCENTIVES TO PRODUCERS OF FUEL ETHANOL PRODUCED OUTSIDE OF THIS STATE.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., June 1, 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. 671:
S. 671 -- Senator Hayes: A BILL TO AMEND ACT 271 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF ROCK HILL SCHOOL DISTRICT NO. 3, SO AS TO DELETE PROVISIONS WHICH STIPULATE WHEN ELECTED MEMBERS OF THE BOARD TAKE OFFICE, AND WHAT PUBLIC NOTICE OF THE ELECTIONS IS REQUIRED.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 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. 350:
S. 350 -- Senator Drummond: A BILL TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 29 SO AS TO ENACT THE UNIFORM STANDARDS CODE FOR MANUFACTURED HOUSING; TO AMEND THE 1976 CODE BY ADDING SECTIONS 31-1-40 AND 31-1-50 SO AS TO REQUIRE AN ELECTRICAL PERMIT FOR A CONNECTION TO A MOBILE HOME AND TO PROVIDE PENALTIES; TO REAUTHORIZE THE EXISTENCE OF THE SOUTH CAROLINA MANUFACTURED HOUSING BOARD; AND TO REPEAL ARTICLE 1, CHAPTER 17 OF TITLE 31 RELATING TO MOBILE HOMES AND HOUSE TRAILERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 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 H. 3326:
H. 3326 -- Reps. Sheheen, McElveen, Hallman and McLeod: A BILL TO AMEND SECTION 44-56-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO UNLAWFUL ACTS REGARDING HAZARDOUS WASTE, SO AS TO PROHIBIT THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE IN THIS STATE GENERATED IN ANOTHER STATE WHICH PROHIBITS THE TREATMENT, STORAGE, OR DISPOSAL OF THAT SUBSTANCE WITHIN ITS OWN BORDERS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The Senate returned to the House with amendments the following:
H. 3541 -- Reps. Hearn, J.W. Johnson and Lockemy: A BILL TO AMEND SECTION 42-15-95, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE AVAILABILITY OF INFORMATION COMPILED BY A TREATMENT FACILITY, SO AS TO PROVIDE FOR ALL EXISTING INFORMATION TO BE MADE AVAILABLE WITHIN FOURTEEN DAYS AFTER WRITTEN REQUEST, AND TO PROVIDE FOR THE COSTS FOR RECEIVING THE INFORMATION.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following was introduced:
H. 4136 - Reps. Waites, P. Harris, Hendricks, Wright, Rama and Felder: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA CONGRESSIONAL DELEGATION TO CONDUCT PUBLIC HEARINGS AROUND THE STATE TO INFORM INTERESTED PERSONS OF THE EFFECT OF THE MEDICARE CATASTROPHIC PROTECTION ACT OF 1988 (PUBLIC LAW 100-360).
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4137 -- Charleston Delegation: A CONCURRENT RESOLUTION COMMENDING THE ARCHITECTURAL FIRM OF CLARK AND MENEFEE OF CHARLESTON FOR THE RECOGNITION AND NATIONAL ACCLAIM THE FIRM HAS RECEIVED FOR ITS SUPERB WORK.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4138 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE REVEREND CARNELL HAMPTON FOR HIS OUTSTANDING WORK AS PRESIDENT OF THE SOUTH CAROLINA CHRISTIAN ACTION COUNCIL.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 827 -- Senators Lourie, Nell W. Smith and McLeod: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF THE LATE CONGRESSMAN CLAUDE PEPPER OF FLORIDA, A TIRELESS ADVOCATE FOR THE RIGHTS OF THE MOST VULNERABLE AMERICANS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 829 -- Senator Holland: A CONCURRENT RESOLUTION DIRECTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO PLACE TRAFFIC-CONTROL LIGHTS AT CERTAIN DESIGNATED HIGHWAYS AND INTERSECTIONS IN KERSHAW COUNTY.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The Senate sent to the House the following:
S. 830 -- Senators McConnell, Martschink, Fielding and Passailaigue: A CONCURRENT RESOLUTION TO RECOGNIZE THE ANNIVERSARY CELEBRATION OF CAROLINA DAY WHICH WILL TAKE PLACE IN CHARLESTON ON SATURDAY, JUNE 24, 1989, COMMEMORATING THE DAY CAROLINA DEFEATED THE BRITISH ON JUNE 28, 1776.
Whereas, on June 28, 1776, General William Moultrie and four hundred South Carolinians with only thirty-one guns successfully fought for ten hours to prevent the British fleet from entering the harbor of Charleston. It was a victory for South Carolina and also for all Americans because it fired the spark of patriotism needed to supply men and equipment to win their freedom from England; and
Whereas, according to Ms. June Murray Wells, Director of the Confederate Museum, "Since land forces had to defeat the British fleet, it showed that our country would need a navy. Not only was this a military victory, it was a moral victory - important especially to South Carolina because Carolinians alone were actively engaged, and South Carolina blood only was shed on the ramparts of the fort"; and
Whereas, Carolina Day has been celebrated with very few exceptions in Charleston since that day in 1776; and
Whereas, around 1850 many militia units were formed in Charleston. One of these was the Palmetto Guard, formed on Carolina Day, June 28, 1851, by men who were the grandsons of those who had fought at Fort Moultrie. According to Ms. Wells, they were a sort of military reserve unit, fond of socializing, target practice, and competition. This group remained active until 1915; and
Whereas, in the sermon delivered at their anniversary meeting on Carolina Day in 1857, Reverend Christopher Gadsden began with the reason we are still celebrating this battle two hundred thirteen years later. He said, "The public commemoration of events which have made a nation's history glorious is one of the surest ways of arousing the patriotism of a people, and reproducing in the future the heroism of the past; and Whereas, in April 1861, the Palmetto Guard fought in the Battle of Fort Sumter and raised the first Confederate Flag over the fort. For this their mothers, wives, sisters, and sweethearts gave them a beautiful gold medal and a beautiful blue silk flag embroidered in gold with a palmetto tree and the date of the Battle of Fort Sumter on one side and a wreath of oak and olive with the date of their founding on Carolina Day, 1861, on the other aide; and
Whereas, only two months after Fort Sumter, Charlestonians celebrated Carolina Day with church bells, parades, many flags, banquets, and target practice. At the anniversary meeting of the Palmetto Guard that night, the toasts were made and only cold water was drunk because the next morning all bachelor members would form the first military group to leave Charleston to go and fight in Virginia. It was at the First Battle of Manassas that their beautiful blue silk flag received three bullet holes. The married members stayed home to guard the Stone River; and
Whereas, in the daily journal of Lieutenant William Chapman of the Palmetto Guard in the trenches in Virginia on Carolina Day, 1862, we read: "This is the anniversary of our company, but the state of the country is such that we are not able to have the usual aport of target practice; etc."; and
Whereas, on Carolina Day, 1876, the Palmetto Guard instigated a centennial event inviting all other former military groups to join them. The highlight of this centennial celebration was the erection of the statue of Sergeant Jaspar raising the flag at Fort Moultrie in 1776. This is in White Point Gardens. They had another reason for this big celebration. It was to reunite all Americans, North and South, East and West, who had fought recently against each other, in a celebration of an event in American history that again would bring out a feeling of pride and patriotism; and
Whereas, after the War Between the States, the relics of the Palmetto Guard had been placed in a bank vault, only being taken out each Carolina Day for their anniversary meeting; and
Whereas, in 1908, when the members were getting few, the Palmetto Guard presented their relics to the Confederate Museum in Charleston. On display there are the first Confederate Flag raised over Fort Sumter, the blue silk flag of the Palmetto Guard, their gold medal presented by their ladies, their silver punch bowl and ladel, and many pictures, record books, and documents. These will be on display this year on Carolina Day at the Confederate Museum in Charleston; and
Whereas, since their return after the War Between the States, there has been a sentimental saying repeated on all anniversary meetings each June 28th: "We will maintain our name and organization just so long as two of our members survive to drink to the memory of our dead." The last two members held the final meeting of the Palmetto Guard in 1915. The relics of this proud group of Carolinians are in the loving care of the ladies of Charleston Chapter, United Daughters of the Confederacy, in the Confederate Museum; and
Whereas, the Carolina Day celebration continues this year in Charleston with a parade, exhibits, and other appropriate ceremonies and activities; and
Whereas, it is fitting that South Carolinians recognize the importance of this day in our states and nations history. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly recognize the anniversary celebration of Carolina Day which will take place in Charleston on Saturday, June 24, 1989, commemorating the day Carolina defeated the British on June 28, 1776.
Be it further resolved that a copy of this resolution be forwarded to Ms. Wells.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following was introduced:
H. 4139 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION NOT TO IMPOSE DELINQUENT PENALTIES FOR THE LATE REGISTRATION OF CAMPERS OR TRAVEL TRAILERS UNTIL FEBRUARY 1, 1990.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4140 -- Rep. Davenport: A BILL TO CREATE A COMMISSION TO STUDY AND INVESTIGATE THE OPERATION OF EACH ENTITY OF STATE GOVERNMENT WITH A VIEW TO RECOMMENDING ACTIONS TO IMPROVE THE EFFICIENCY AND ECONOMICAL OPERATION OF THE ENTITIES.
Referred to Committee on Ways and Means.
H. 4141 - Rep. Davenport: A BILL TO PROVIDE THAT ANY CITIZEN OF THE STATE IS ELIGIBLE TO PARTICIPATE IN THE STATE RETIREMENT SYSTEM AND TO RETIRE AFTER TWENTY-FIVE YEARS OF SERVICE.
Referred to Committee on Ways and Means.
H. 4142 -- Rep. Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 101 TO TITLE 44 SO AS TO PROVIDE FOR THE SOUTH CAROLINA SCRAP TIRE DISPOSAL ACT OF 1989 AND TO PROVIDE FOR THE INITIAL TERMS OF THE MEMBERS OF THE SCRAP TIRE DISPOSAL GRANT FUNDS REVIEW COMMITTEE.
Referred to Committee on Agriculture and Natural Resources.
S. 391 -- Senators Waddell, Lindsay, Lourie, Leatherman and Lee: A BILL TO AMEND SECTIONS 48-39-270 THROUGH 48-39-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO ADD SECTIONS 48-39-305 AND 48-39-355, PROVIDE FOR A THIRTY INSTEAD OF FORTY-YEAR RETREAT POLICY, REVISE DEFINITIONS, THE PROVISIONS FOR AND THE DETERMINATION OF THE BASELINE AND THE SETBACK LINE, THE DUTIES OF THE COASTAL COUNCIL, THE PROVISIONS FOR THE REPAIR AND REPLACEMENT OF A HABITABLE STRUCTURE OR RECREATIONAL AMENITY, EXEMPTIONS, EROSION CONTROL DEVICES, DAMAGE APPRAISALS, AND TIME LIMITATIONS, PROVIDE FOR A PETITION TO THE CIRCUIT COURT BY LANDOWNERS AND THE COURT'S DETERMINATION, PROVIDE FOR THE PLANTING OF VEGETATION, PROVIDE FOR THE CREATION AND REVISION OF THE BEACH MANAGEMENT PLAN PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT, REVISE THE REQUIREMENTS OF A DISCLOSURE STATEMENT IN A CONTRACT OF SALE AND DEED, AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A PERMIT IS NOT REQUIRED AND FOR DOCUMENTATION; AMEND ACT 634 OF 1988, RELATING TO THE BEACH MANAGEMENT ACT, SO AS TO PROVIDE FOR A GRADUAL RETREAT FROM THE BEACH/DUNE SYSTEM OVER A THIRTY INSTEAD OF FORTY-YEAR PERIOD AND PROVIDE FOR THE EFFECTIVE DATE.
Referred to Committee on Agriculture and Natural Resources.
S. 818 - Senators McLeod and Macaulay: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO CLASSIFIED WATERS (CHATTOOGA RIVER), DESIGNATED AS REGULATION DOCUMENT NUMBER 863, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Agriculture and Natural Resources.
S. 822 - Senators Setzler, Giese, Lourie, Patterson and Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAROLINA GYMNASTIC CENTER BOOSTER CLUB, OF RICHLAND COUNTY.
On motion of Rep. HEARN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 173, S. 591 by a vote of: ayes 46 nays 0:
(R173) S. 591 - Senator Bryan: AN ACT TO AMEND ACT 879 OF 1966, AS AMENDED, RELATING TO THE LAURENS COUNTY HISTORIC PRESERVATION COMMISSION, SO AS TO PROVIDE THAT THE TEN RESIDENT ELECTORS COMPOSING THE COMMISSION MUST BE APPOINTED AT LARGE BY THE GOVERNOR.
Very respectfully,
President
Received as information.
The following was received.
May 31, 1989
Mr. Speaker and Members of the House:
I am hereby returning without my approval S. 591, R-173, an Act:
To amend act 879 of 1966, as amended relating to the Laurens County Historic Preservation commission, so as to provide that the ten resident electors composing the commission must be appointed at large by the Governor.
This veto is based upon an opinion of the Attorney General's Office dated May 30, 1989 which states in concluding:
". . .S. 591, R-173 of 1989 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that '[n]o laws for a specific county shall be enacted.' Acts similar to S. 591, R-173 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7.
"Based on the foregoing, we would advise that S. 591, R-173 would be of doubtful constitutionality."
Yours sincerely,
Carroll A. Campbell, Jr.
Governor
May 30, 1989
Mark R. Elam
Office of the Governor
Post Office Box 11369
Columbia, South Carolina 29211
Dear Mr. Elam:
By your letter of May 25, 1989, you have asked for the opinion of this office as to the constitutionality of S.591, R-173, an act amending Act No. 879 of 1966 relative to the Laurens County Historic Preservation Commission. For the reasons following, it is the opinion of this office that the Act is of doubtful constitutionality.
In considering the constitutionality of an act of the General Assembly, it is presumed that the act is constitutional in all respects. Moreover, such an act will not be considered void unless its unconstitutionality is clear beyond any reasonable doubt. Thomas v, Macklen, 186 S.C. 290, 195 13.E. 539 (1937); Townsend v. Richland County, 190 S.C. 270, 2 S.E.2d 777 (1939). All doubts of constitutionality are generally resolved in favor of constitutionality. While this office may comment upon potential constitutional problems, it is solely within the province of the courts of this State to declare an act unconstitutional.
The act bearing ratification number 591 amends Act No. 879 of 1966 to provide that the ten resident electors composing the governing body of the Laurens County Historic Preservation Commission are to be appointed at large by the Governor. While not explicitly stated, the area served by this entity is inferentially the entire area of Laurens County. Gould v. Barton, 256 S.C. 175, 181 S.13. 2d 662 (1971). Thus, S.591, R-173 of 1989 is clearly an act for a specific county. Article VIII, Section 7 of the Constitution of the State of South Carolina provides that "[n]o laws for a specific county shall be enacted." Acts similar to S.591, R-173 have been struck down by the South Carolina Supreme Court as violative of Article VIII, Section 7. See Cooper River Parks and Playground Commission v. City of North Charleston, 273 S.C. 639, 259 S.E. 2d 107 (1979; Torgerson v. Craver, 267 S.C. 558, 230 S.E. 2d 228 (1976); Knight v. Salisbury, 262 S.C. 565, 206 S.E. 2d 875 (1974).
Based on the foregoing, we would advise that S. 591, R-173 would be of doubtful constitutionality. Of course, this office possesses no authority to declare an act of the General Assembly invalid; only a court would have such authority.
Sincerely,
Patricia D. Petway
Assistant Attorney General
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baker Baxley Beasley Bennett Boan Brown, G. Brown, H. Burch Burriss, M.D. Carnell Chamblee Clyborne Cooper Cork Elliott Farr Ferguson Foster Gordon Harris, J. Harris, P. Hayes Hearn Hendricks Hodges Jaskwhich Johnson, J.W. Kay Keesley Keyserling Limehouse Littlejohn Manly Martin, D. Martin, L. Mattos McAbee McEachin McElveen McGinnis Moss Nesbitt Phillips Rhoad Rogers, J. Sheheen Short Simpson Smith Snow Stoddard Townsend Tucker Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead
Those who voted in the negative are
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, MO. Alexander, T.C. Altman 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 Corning Davenport Derrick Elliott Faber Fair Fant Farr Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on June 1, 1989.
George H. Bailey Irene Rudnick Steve Lanford John G. Felder Mac McLeod Larry Gentry Larry Koon Alex Harvin, III Tom Limehouse
STATEMENT OF ATTENDANCE
Rep. MARVIN signed a statement with the Clerk that he came in after the roll call and was present for the Session on Wednesday, May 31, 1989.
The SPEAKER granted Rep. G. BAILEY a temporary leave of absence.
Announcement was made that Dr. Cooper Black of Columbia is the Doctor of the Day for the General Assembly.
The following Bill was taken up.
S. 428 - Senator Drummond: A BILL TO AMEND SECTION 50-13-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRIPED BASS (ROCKFISH), SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY BET AND PUBLISH THE DAILY CREEL LIMITS AND SIZE LIMITS FOR STRIPED BASS AND BLACK BASS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES, SO AS TO PROVIDE THAT THE PENALTIES ASSESSED BY THE SECTION INCLUDE CONVICTIONS OF SECTION 50-13-235; AND TO REPEAL SECTIONS 56-13-220 AND 50-13-230 RELATING TO STRIPED BASS.
The motion of Rep. BENNETT to reconsider the vote whereby the Bill was given a third reading was taken up.
Rep. SHARPE moved to table the motion, which was agreed to.
The Bill, as amended, was read the third time and ordered returned to the Senate.
The following Bill was taken up.
S. 699 -- Senators Waddell, Passailaigue, McConnell and Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
Rep. J. ROGERS moved to reconsider the vote whereby the Bill was ordered to receive an automatic third reading today.
Rep. McTEER moved to adjourn debate upon the motion to reconsider, which was adopted.
The following Bills and Joint Resolutions 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. 589 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 38-79-230, 38-81-340, AND 38-83-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSURER PARTICIPATION IN THE EXPENSES, PROFITS, AND LOSSES OF THE JOINT UNDERWRITING ASSOCIATIONS FOR THE WRITING OF PROFESSIONAL LIABILITY INSURANCE, MEDICAL MALPRACTICE LIABILITY INSURANCE, AND LEGAL PROFESSIONAL LIABILITY INSURANCE, SO AS TO ELIMINATE THE CAPPING PROVISIONS ON PARTICIPATION BY AN INDIVIDUAL INSURER AT ONE PERCENT OF ITS SURPLUS TO POLICYHOLDERS AND TO PROVIDE FOR DEFERRAL OF PAYMENTS OF ASSESSMENTS UNDER CERTAIN CONDITIONS.
S. 615 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO ATHLETIC TRAINERS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1095, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 687 -- Medical Affairs Committee A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE HEALTH AND HUMAN SERVICES FINANCE COMMISSION, RELATING TO APPEALS AND HEARINGS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1102, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 696 -- Senator Courson: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE NATIONAL ASSOCIATION FOR STATE COMMUNITY SERVICES PROGRAMS IN RICHLAND COUNTY.
S. 787 -- Senator Long: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF MYRTLE EXECUTIVE PARK PROPERTY OWNERS ASSOCIATION, INC., IN HORRY COUNTY.
S. 809 -- Senators Horace C. Smith, J. Verne Smith, Pope, Hayes, Stilwell, Thomas, Lee, O'Dell, Setzler and Drummond: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 116 SO AS TO AUTHORIZE PUBLIC SAFETY AND SECURITY DEPARTMENTS OF PRIVATE COLLEGES AND UNIVERSITIES IN THE STATE AND THEIR CAMPUS POLICE OFFICERS TO EXERCISE LAW ENFORCEMENT POWERS INCLUDING THE POWER TO ARREST AND TO PRESCRIBE QUALIFICATIONS AND TRAINING STANDARDS FOR THE OFFICERS INCLUDING ATTENDANCE AT THE CRIMINAL JUSTICE ACADEMY.
The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate.
H. 3920 - Reps. Hearn, J.W. Johnson, Lockemy and Corning: A BILL TO AMEND SECTION 38-73-1080, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INFORMATION TO BE FURNISHED INSUREDS, SO AS TO PROVIDE THAT RATING ORGANIZATIONS AND THEIR MEMBERS AND INSURERS ARE SUBJECT TO PROVISIONS OF THE FREEDOM OF INFORMATION ACT FOR CERTAIN PURPOSES.
H. 4073 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO ELECTRIC UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1105, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4074 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION OF SOUTH CAROLINA, RELATING TO GAS UTILITIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1104, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 3820 - Reps. Short, Ferguson, Phillips, Hayes, Littlejohn, Wells, Farr, Nesbitt, McGinnis, Kirsh, Hodges, Lanford and Cole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-704 SO AS TO MAKE IT UNLAWFUL TO USE ARTIFICIAL LIGHTS FROM ANY VEHICLE OR WATER CONVEYANCE FOR THE PURPOSE OF OBSERVING OR HARASSING WILDLIFE IN GAME ZONE NO. 4 AND TO PROVIDE A PENALTY FOR VIOLATIONS.
The following Bill was taken up.
H. 3299 -- Reps. M.O. Alexander, G. Bailey, T.C. Alexander, McLellan, Mattos, R. Brown, Fant and Manly: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-50 SO AS TO PROHIBIT THE SALE OF CLEANING AGENTS CONTAINING PHOSPHATES, TO PROVIDE EXCEPTIONS, AND TO PROVIDE PENALTIES FOR VIOLATION.
Rep. SHARPE moved to adjourn debate upon the Bill until December 26.
Reps. HUFF and CARNELL objected to the Bill.
The question then recurred to the motion to adjourn debate until December 26, which was agreed to.
Rep. HEARN moved to reconsider the vote whereby debate was adjourned on the following Bill, which was agreed to.
H. 3919 -- Rep. Hearn: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE REQUIREMENT THAT FEES FOR ATTORNEYS AND PHYSICIANS AND CHARGES OF HOSPITALS FOR SERVICES UNDER TITLE 42 ARE SUBJECT TO THE APPROVAL OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE CRIMINAL OFFENSE AND PENALTIES, TO PROVIDE A PROCEDURE FOR OBTAINING FEES OR CHARGES, AND TO ESTABLISH A CIVIL PENALTY WHICH MAY BE IMPOSED UPON ATTORNEYS, PHYSICIANS, OR HOSPITALS WHO REPEATEDLY AND WILFULLY CHARGE FEES IN EXCESS OF THE COMMISSION'S GUIDELINES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 6835k), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
SECTION 1. Section 42-15-90 of the 1976 Code is amended to read:
"Section 42-15-90. Fees for attorneys and physicians and charges of hospitals for services under this title shall be are subject to the approval of the commission;. but However, no physician or hospital shall be is entitled to collect fees from an employer or insurance carrier until he has made the all reports required by the commission in connection with the case have been made.
The commission shall establish appropriate guidelines, which must be promulgated subject to the requirements of Article 1, Chapter 23 of Title 1 (the Administrative Procedures Act), governing the fees and charges described in the preceding paragraph. Attorney's fees must be reported at the conclusion of a claim on the closing report or, in the case of long-term disability claims, at another time as the commission may direct. Petitions for approval of fees and charges are necessary only when requested by the commission. These petitions may be requested by the commission only where a fee or charge appears to be in excess of the amount normally allowable under the appropriate guidelines of the commission. The commission, in its discretion. may approve fees or charges which exceed the commission's guidelines when the commission considers it appropriate. Attorneys, physicians, or hospitals shall refund any portion of a fee that is disallowed by the commission. Attorneys, physicians, or hospitals who repeatedly and wilfully charge fees in excess of the commission's guidelines are subject to a civil penalty of not more than five hundred dollars.
Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the Commission or such court or who makes it a business to solicit employment for a lawyer or for himself in respect of any claim or award for compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall, for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment."
SECTION 2. This act takes effect upon approval by the Governor.
Rep. HEARN explained the amendment.
Rep. HODGES objected to the Bill.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3800 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTION 40-35-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR THE PURPOSE OF NURSING HOME ADMINISTRATORS, SO AS TO DEFINE THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY" AND THE TERM "COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR"; TO ADD SECTION 40-35-35 SO AS TO PROVIDE FOR THE LICENSURE OF COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS; TO ADD SECTION 44-7-275, SO AS TO PROVIDE FOR A CRIMINAL RECORDS CHECK FOR APPLICATIONS FOR LICENSURE UNDER ARTICLES, CHAPTER 7, TITLE 34 WHICH IS THE "STATE CERTIFICATION OF NEED ON HEALTH FACILITY LICENSURE ACT"; TO AMEND SECTION 44-7-370, AS AMENDED, RELATING TO THE RESIDENTIAL CARE COMMITTEE TO ASSIST THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL REGARDING THE LICENSING AND INSPECTION OF COMMUNITY RESIDENTIAL CARE, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE; AND TO REPEAL SECTION 44-7-310, RELATING TO CERTAIN INFORMATION RECEIVED BY THE OFFICE OF HEALTH LICENSING NOT TO BE PUBLICLY DISCLOSED.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4970U), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
Section 40-40-10. For the purpose of this chapter:
(1) 'Board' means the State Board of Examiners for Residential Care Facilities Administrators.
(2) 'Residential Care Facilities Administrator' means a person who has completed the required education and experience, is otherwise qualified, and has been issued a license by the board and is thereby eligible to administer, manage, supervise, or be in administrative charge of a residential care facility.
(3) 'Residential Care Facility' means any institution or facility defined for licensing purposes under law or pursuant to regulations for residential care facilities promulgated by the Department of Health and Environmental Control, whether proprietary or nonprofit.
(4) 'Department' means the Department of Health and Environmental Control.
(5) 'Consumer' means a person who is financially or legally responsible for an individual currently residing in a residential care facility.
Section 40-40-20. There is created the State Board of Examiners for Residential Care Facility Administrators composed of eight members. Five must be appointed by the Governor for three year terms and until their successors are appointed and qualify, of which three must be residential care facility administrators who after the initial appointments must be duly licensed under the provisions of this chapter. One must be a consumer and one must be a representative of the Ombudsman's Division of the Governor's Office. The Commissioner of the Department of Social Services or his designee, the Commissioner of the Department of Health and Environmental Control or his designee, and the Director of the Commission on Aging or his designee shall serve ex officio. In case of a vacancy, the Governor shall appoint a successor to serve for the unexpired term. The board shall meet at least six times a year.
Section 40-40-30. The board may issue licenses to qualified persons as residential care facility administrators and shall establish qualification criteria. No license may be issued to any person unless he submits evidence satisfactory to the board that he:
(1) is at least eighteen years of age;
(2) is of reputable and responsible character;
(3) is of sound physical and mental health;
(4) has successfully completed the examination and paid the established fees.
Section 40-40-40. Each applicant for a license shall request the State Law Enforcement Division to conduct a criminal records check and to furnish the results to the board. The request must be made three months before the expected initial licensing or annual license renewal. The action is required by each owner and administrator of a proprietorship or partnership. In the case of a corporation, this action is required of each owner of five percent or more of each class of outstanding stock, and the chairman of the board and president. Licensees who are governmental agencies are exempt from this requirement. The board may deny an application for license based on a positive criminal records check report, subject to the provisions of Section 40-40-160.
Section 40-40-50. In the event of a bona fide emergency, such as the death or departure of an administrator, or similar event, the board may issue an emergency license to an applicant who has met the criteria in Section 40-40-30, but who has not taken the examination. The holder must take the next regularly scheduled examination. Emergency licenses may not be renewed or transferred to another person.
Section 40-40-60. No residential care facility within the State may operate except under the supervision of an administrator licensed in accordance with this chapter.
Section 40-40-70. The board shall license residential care facility administrators in accordance with the regulations issued, and from time to time revised by it. A residential care facility administrator's license is not transferable and is valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any other laws or regulations relating to the proper administration and management of a residential care facility. Any denial of issuance or renewal, suspension, or revocation under any section of this chapter is subject to the review procedure of Section 40-40-160.
Licenses are renewable biennially on those dates established by the board, upon payment of the established fee and proof of requisite continuing education pursuant to Section 40-40-120(d).
Section 40-40-80. The board shall promulgate a fee schedule for the purpose of carrying out the provisions of this chapter pursuant to Chapter 23 of Title 1.
Section 40-40-90. All fees collected by the board must be deposited with the State Treasurer to the credit of the general fund.
Section 40-40-100. The board shall elect from its membership a chairman, vice chairman, and secretary-treasurer and shall adopt regulations to govern its proceedings. The members of the board must be compensated for their services at the regular per diem rate established by law for other state boards, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board. The board may employ and establish the duties of necessary personnel to assist it in the performance of its duties.
Section 40-40-110. The board has authority to determine the qualifications, skill, and fitness of any person to serve as an administrator of a residential care facility under the provisions of this chapter, and the holder of a license under the provisions of this chapter is considered qualified to serve as the administrator of a residential care facility.
Section 40-40-120. The board has the duty and responsibility to:
(1) develop, impose, and enforce standards which must be met by individuals in order to receive a license as a residential care facility administrator, which standards must be designed to insure that residential care facility administrators are individuals who are of good character and are otherwise suitable and who are qualified to serve as residential care facility administrators;
(2) develop and apply appropriate techniques, including examination and investigation, for determining whether an individual meets these standards;
(3) issue licenses to individuals determined, after application of these techniques, to meet these standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding the license is determined substantially to have failed to conform to the requirements of these standards;
(4) evaluate and approve necessary programs of training and instruction to enable all individuals granted a license to receive forty hours of continuing education biennially as a requirement of relicensure, this provision to be effective beginning with the next relicensure period of each license;
(5) evaluate and investigate complaints received by the board in order to ascertain whether the complaint reflects upon the administrator;
(6) evaluate complaint and investigative information received from the Department of Health and Environmental Control, the Department of Social Services, or any other source, with a view to the improvement cf the standards imposed for licensing, for decisions on revocation or suspension of licenses, and for assessing the qualifications for relicensure of these administrators.
Section 40-40-130. The board may issue a residential care facility administrator's license to any person who holds a current license as a residential care facility administrator from another jurisdiction if it finds that the standards for licensure in the other jurisdiction are at least the substantial equivalent of those prevailing in this State and if the applicant has passed the South Carolina portion of the licensure examination and is otherwise qualified.
Section 40-40-140. It is unlawful for any person to act or serve in the capacity as a residential care facility administrator unless he is the holder of a license as a residential care facility administrator, issued in accordance with the provisions of this chapter. Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding one hundred dollars or imprisoned for a term not exceeding thirty days.
Section 40-40-150. No provision of this chapter may be construed as prohibiting or preventing a municipality or county from fixing, charging, assessing, or collecting any license fee, registration fee, tax or gross receipt tax on any profession covered by this chapter or upon any related profession or anyone engaged in any related profession governed by the provisions of this chapter.
Section 40-40-160. The license or registration of any person practicing or offering to practice residential care facility administration may be revoked or suspended, or the licensee be disciplined in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:
(1) upon proof that the licensee is unfit or incompetent by reasons of negligence, habits, or other causes;
(2) upon proof that the licensee has wilfully or repeatedly violated any of the provisions of this chapter or the regulations enacted in accordance with this chapter, or wilfully or repeatedly acted in a manner inconsistent with the health and safety of the patients in the home in which he is the administrator;
(3) upon proof that the licensee is guilty of fraud or deceit in the practice of residential care facility administration;
(4) upon proof that the licensee has been convicted of a felony in a court of competent jurisdiction, either within or without this State.
The members of the board shall have jurisdiction to hear all charges brought under the provisions of this section against persons licensed and registered, as residential care facility administrators, and upon hearing shall determine the charges upon their merits. The board, or any committee of the board, or hearing officer designated by the board, acting in an official capacity, has the authority to issue subpoenas, compel the attendance of witnesses, administer oaths, and take testimony concerning all matters within the jurisdiction of the board. The board is not bound by the strict rules of evidence in the conduct of its proceedings, but any determinations made must be founded upon sufficient legal evidence to sustain them.
If the board determines that a person is guilty of the charges, the board may revoke his license or registration, suspend him from practice, or otherwise discipline the licensee. Proceedings under this section must be begun by filing with the board charges in writing and under oath. Charges may be preferred by any person, or by the board or any member of the board. Thereupon, the chairman of the board shall designate three or more members of the board as a hearing committee, or other qualified person as a hearing officer to hear the charges and to report to the board.
At the hearing, the licensee has the right to appear either personally or by counsel, or both, to produce witnesses and evidence in his own behalf, to cross-examine witnesses and have subpoenas issued in his behalf by the hearing committee or the hearing officer. The hearing committee or the hearing officer shall make a written report to the board of the findings and recommendations which must be considered by the board in arriving at its determination. If the board suspends the licensee, it may also recommend conditions to be met by the licensee to again qualify for the license. The board may in its discretion, after hearing, hold the case under advisement and make a recommendation as to the requirements to be met by the licensee in order to avoid suspension, revocation, or other disciplinary actions. In these cases, the board shall enter an order accordingly and notify the licensee by registered mail. If the licensee complies with the order and proves that fact to the satisfaction of the board, the board may enter an order showing satisfactory compliance in dismissing the case because of the compliance. The board may, in its discretion, reissue a license or registration to any person whose license or registration has been revoked. Application for the reissuance of a license or registration may not be made prior to one year after revocation, and must be made as the board may direct.
Section 40-40-170. No residential care facility may be operated or licensed to operate after July 1, 1990, except under the supervision of an administrator licensed under this chapter.
Section 40-40-180. Information received by the Division of Health Licensing of the department regarding community residential care facilities pertaining solely to safety and health obtained through inspection or otherwise may be disclosed publicly in a manner as to identify facilities but not individuals."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. BAKER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
S. 567-AMENDED AND ORDERED TO THIRD READING
The following Bill was taken up.
S. 567 -- Senators Giese and Rose: A BILL TO AMEND TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EDUCATION, BY ADDING CHAPTER 137 SO AS TO PROVIDE FOR EARLY INTERVENTION PROGRAMS FOR PRESCHOOL AGE HANDICAPPED CHILDREN; TO AMEND SECTION 59-63-20, AS AMENDED, RELATING TO PUPILS AND AGE OF ATTENDANCE IN THE PUBLIC SCHOOLS, SO AS TO DELETE THE PROVISION THAT FOUR-YEAR-OLDS MAY ATTEND OPTIONAL CHILD DEVELOPMENT PROGRAMS AND TO PROVIDE THAT THREE-, FOUR-, AND FIVE-YEAR-OLD HANDICAPPED CHILDREN MAY ATTEND EARLY INTERVENTION PROGRAMS; TO AMEND SECTION 59-20-40, AS AMENDED, RELATING TO THE SOUTH CAROLINA EDUCATION FINANCE ACT OF 1977 AND THE DETERMINATION OF ANNUAL ALLOCATIONS AND WEIGHTINGS, SO AS TO INCLUDE UNDER "PUPIL CLASSIFICATION" THE CATEGORY OF "PRESCHOOL-AGE HANDICAPPED PUPILS" AND TO ESTABLISH A WEIGHTING; AND TO PROVIDE THAT OF THE FUNDING APPROPRIATED BY THE GENERAL ASSEMBLY TO IMPLEMENT THE PROVISIONS OF THIS ACT, INITIAL FUNDING MUST BE MADE AVAILABLE TO THE SCHOOL DISTRICTS OF THE STATE FOR IMPLEMENTATION BEGINNING WITH SCHOOL YEAR 1990-91.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 5098U), which was adopted.
Amend the bill, as and if amended, by striking SECTION 4, beginning on page 5 and line 35 and inserting:
/SECTION 4. During fiscal year 1989-90 the State Department of Education shall identify all financial resources available within the State from federal, state, local, and private sources, including the state Medicaid program, for funding the comprehensive service system provided for in Section 59-137-30 of the 1976 Code as contained in Section 2 of this act. State and local agencies shall comply with the department's request for relevant information about financial resources in a timely manner. The department shall use these resources to support programs to demonstrate and evaluate different components of the service system.
By March 1, 1990, the department shall recommend a comprehensive service system to the State Budget and Control Board and the General Assembly. The department shall identify components of the system which can be supported through existing resources and components for which additional funds are needed.
Using all funds appropriated for this purpose, during fiscal year 1990-91 the department shall implement as much of the comprehensive service system as possible. The department shall contract with an independent consultant to evaluate the service system and submit a written report to the General Assembly by March 1, 1991./
Amend further by adding an appropriately numbered SECTION to read:
/SECTION____. Until the provisions of this act are reauthorized pursuant to Section 5, implementation of early intervention programs in accordance with Sections 59-137-20 and 59-137-30, including transportation, is required only to the extent that federal, state, local, and private funds are appropriated for that purpose. Further implementation is not mandatory for the State Board or Department of Education or school districts unless required by the reauthorization./
Renumber sections to conform.
Amend title to conform.
Rep. HEARN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. HASKINS withdrew his objection to the following Bill.
S. 522 -- Senators Lourie, Land, Fielding, Mitchell, Martschink and Rose: A BILL TO AMEND SECTION 58-25-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT MEMBER GOVERNMENTS, REGARDLESS OF POPULATION, MUST HAVE AT LEAST ONE MEMBER ON THE GOVERNING BOARD OF AN AUTHORITY.
Rep. FARR asked unanimous consent to recall H. 3254 from the Committee on Labor, Commerce and Industry.
Rep. DERRICK objected.
Rep. FOOTER, with unanimous consent, made a statement relative to the DSS elections.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Resolution was ordered recalled from the Committee, on Invitations and Memorial Resolutions.
H. 4139 - Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION NOT TO IMPOSE DELINQUENT PENALTIES FOR THE LATE REGISTRATION OF CAMPERS OR TRAVEL TRAILERS UNTIL FEBRUARY 1, 1990.
On motion of Rep. T.C. ALEXANDER, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration.
H. 4139 -- Rep. T.C. Alexander: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION NOT TO IMPOSE DELINQUENT PENALTIES FOR THE LATE REGISTRATION OF CAMPERS OR TRAVEL TRAILERS UNTIL FEBRUARY 1, 1990.
Whereas, Section 56-3-840 of the 1976 Code provides for the imposition of delinquent penalties for the late registration of campers or travel trailers; and
Whereas, the General Assembly believes that these penalties should not be imposed and Senate Bill 595 presently pending in the House of Representatives would waive these penalties; and
Whereas, due to procedural problems because of the lateness of the 1989 session of the General Assembly, the House of Representatives will not be able to pass S. 595 until early in the 1990 session of the General Assembly; and
Whereas, the members of the General Assembly, by this resolution, express their desire that the Department of Highways and Public Transportation suspend the imposition of these delinquent penalties until February 1, 1990, so that the General Assembly may have time to enact the provisions of S. 595 into law. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request the Department of Highways and Public Transportation not to impose delinquent penalties for the late registration of campers or travel trailers until February 1, 1990.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The Senate Amendments to the following Bill were taken up for consideration.
S. 322 -- Senators Setzler, Nell W. Smith, Rose, Wilson, McConnell, Land, Leventis, Peeler, Helmly, Stilwell, Russell, Hayes, Mullinax, Lourie, Passailaigue, Courson, Moore, McGill, Martschink, McLeod and Horace C. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-6-15 SO AS TO PROVIDE FOR THE BUSINESS-EDUCATION PARTNERSHIP FOR EXCELLENCE IN EDUCATION AND A PERMANENT STANDING SUBCOMMITTEE; TO AMEND SECTION 59-6-20, AS AMENDED, RELATING TO THE DUTIES PERTAINING TO THE IMPLEMENTATION OF THE EDUCATION IMPROVEMENT ACT, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR AND THE STATE SUPERINTENDENT OF EDUCATION TO RECONVENE THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION AND THE STEERING COMMITTEE OF THE EDUCATION-BUSINESS PARTNERSHIP TO REVIEW THE EDUCATION IMPROVEMENT ACT AND TO CHANGE THE REFERENCE TO THE JOINT SUBCOMMITTEE TO THE BUSINESS-EDUCATION SUBCOMMITTEE; AND TO AMEND SECTION 59-6-30, RELATING TO THE ASSESSMENT OF THE ACT BY THE STATE BOARD OF EDUCATION AND RECOMMENDATIONS BY THE BUSINESS-EDUCATION PARTNERSHIP AND THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION, SO AS TO CHANGE THE REFERENCE TO THE BUSINESS-EDUCATION PARTNERSHIP TO THE BUSINESS-EDUCATION SUBCOMMITTEE, TO DELETE THE REFERENCE TO THE COMMITTEE ON FINANCING EXCELLENCE IN PUBLIC EDUCATION, TO REQUIRE AN ASSESSMENT OF THE PARTNERSHIP, AND PROVIDE FOR THE SUBCOMMITTEE'S STAFF.
Rep. BEASLEY explained the Senate Amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3699 - Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.
Rep. WILKINS explained the Senate Amendment.
Rep. WILKINS moved to adjourn debate upon the Senate Amendments until this afternoon, which was adopted.
The following House Resolution was taken up.
H. 3494 -- Reps. McAbee, Cork, Corning, Burch, Rama, L. Martin, H. Brown, McCain, G. Bailey, Sharpe, White, Haskins, Wells, Neilson, Corbett, Keesley, Barfield, Washington, McTeer, P. Harris, Kirsh, Wilkins, Taylor, Stoddard, Carnell, T.C. Alexander, Beasley, Harvin, Farr, Glover, McGinnis, Wofford, Chamblee, Mattos, Baker, Keegan, J.C. Johnson, Vaughn, Fant, Davenport, Phillips, J. Williams, Littlejohn and Jaskwhich: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.
Whereas, the General Assembly of South Carolina seeks support from members of Congress and the President to defeat efforts to increase the federal motor fuel tax increase as a budget balancing measure; and
Whereas, the successful federal, state, and local partnership for the nation's highway system should be improved to provide a highway network to meet the future needs of America and South Carolina as the nation approaches the twenty-first century; and
Whereas, the fiscally sound pay-as-you-go system for funding highway and airport transportation should be retained, wherein federal and state user fee taxes on motor fuels are earmarked for highway and transportation purposes, including the Aviation Trust Fund and the Federal Aid Highway Program financed by the nine cents a gallon tax through the Federal Highway Trust Fund; and
Whereas, the Federal Highway Trust Fund should be extended indefinitely, the trust fund should be removed from the unified federal budget, the balance in the trust fund should be reduced to cash flow level to help accommodate urgently needed highway improvements, and the current federal tax structure should be continued until the trust fund balance is reduced; and
Whereas, South Carolina and each of the other states should be assured of a ninety percent return of their trust fund contributions and increased flexibility on the use of this federal highway money should be given to state and local governments to adequately meet the varied highway and transportation needs in the states and local areas; and
Whereas, current proposals to utilize motor fuel taxes and to substantially increase these taxes at the gas pumps for the purpose of balancing the federal budget should not be considered and would be harmful to the people of the United States and South Carolina, to the highway system, to tourism, and to many other areas of the national and state economies; and
Whereas, the existing investments in the Interstate Highway System must be adequately maintained and improved and remaining gaps in the system should be completed and undertaken to meet high priority needs based on the Strategic Highway Plan for Improving Mobility and Safety (SHIMS) such as the Grand Strand Connector, I-95 to Hilton Head Island Corridor, the Mark Clark Expressway, the Bobby Jones Expressway, statewide bridge improvements, and four-lane road connectors throughout all of South Carolina; and
Whereas, the growing urban congestion and mobility problems need to be attacked through an assistance program with maximum local area flexibility but with necessary state and federal overview; and
Whereas, an efficient and safe rural surface transportation system needs federal, state, and local cooperation to expand economic opportunities, improve scenic and recreational roads, assist rural and small town areas in meeting capital needs for roads and bridges, and provide mobility for nondriving persons; and
Whereas, highway and traffic safety is of vital importance in the federal-state system and should include increased emphasis on uniform safety improvements through highway design standards, safe driving, and compliance with laws; and
Whereas, a number of positive positions have been taken by legislative, highway user, tourism, and business groups in South Carolina and the Southeast in support of congressional and administration actions to protect and strengthen the federal-state funding partnership for America's highway and transportation infrastructure and to oppose a federal motor fuel tax increase for budget deficit reduction. Now, therefore,
Be it resolved by the House of Representatives:
That the members of the House of Representatives of the State of South Carolina memorialize Congress and the President of the United States to use a balanced approach in reducing the federal budget deficit rather than imposing an increase in the motor fuel tax rate, and to insure that these existing tax revenues continue to be earmarked for the Highway and Aviation Trust Funds to fulfill America's urgently needed highway and transportation needs in the years ahead.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, to each house of Congress, to each member of the South Carolina Congressional delegation, and to the members of the bipartisan National Economic Commission.
The Resolution was adopted.
The following Concurrent Resolution was taken up.
S. 422 -- Senators Mitchell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION DIRECTING THE DIVISION OF GENERAL SERVICES TO PLACE, WHERE THE DIVISION CONSIDERS APPROPRIATE, ONE OR MORE PUBLIC WATER FOUNTAINS ON THE STATE HOUSE AND CAPITOL COMPLEX GROUNDS.
Whereas, currently there is no public or open water fountain on the grounds of the State House and Capitol Complex; and
Whereas, most public places, including parks and other open recreational areas, generally maintain open water fountains for the public; and
Whereas, the State House and Capitol Complex grounds receive a great number of visitors daily, particularly during the spring and summer periods; and
Whereas, maintaining a water fountain on the grounds would certainly be beneficial and convenient to the public. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, direct the Division of General Services to place, where the division considers appropriate, one or more public water fountains on the State House and capitol complex grounds.
Be it further resolved that a copy of this resolution be forwarded to the director of the Division of General Services.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 3543 -- Reps. Gordon, Snow and Harvin: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE DEPARTMENT'S FACILITY IN KINGSTREE IN WILLIAMSBURG COUNTY IN HONOR OF THE LATE FRANK H. MCGILL, SENATOR FROM WILLIAMSBURG COUNTY.
Whereas, the late Frank H. McGill of Kingstree in Williamsburg County served with distinction in the House of Representatives and the Senate, contributing immeasurably to the betterment of his community, district, and state; and
Whereas, the General Assembly believes that his dedicated service deserves appropriate public recognition. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to name its Kingstree facility in Williamsburg County in honor of the late Frank H. McGill, Senator from Williamsburg County.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 403 -- Senators Leventis, Bryan, Land, Patterson, Saleeby, Hinds, McConnell, Rose, Fielding and Thomas: A CONCURRENT RESOLUTION TO COMMEND THE MEMBERS OF THE HAZARDOUS WASTE MANAGEMENT TASK FORCE FOR THEIR EXCELLENT AND DILIGENT WORK IN COMPLETING THEIR TASK OF STUDYING HAZARDOUS WASTE MANAGEMENT IN SOUTH CAROLINA.
Whereas, the Hazardous Waste Management Task Force was created by the Department of Health and Environmental Control in April, 1987, to study and develop plans on hazardous waste management in South Carolina; and
Whereas, the task force consisted of forty-one members, appointed by the Governor, Lieutenant Governor, Speaker of the House of Representatives, the Senate President Pro Tempore, and from various communities within the State; and
Whereas, the task force was chaired by Lieutenant Governor Nick Theodore; and
Whereas, the members of the task force immediately began their assignment by dividing their study into several specific areas of hazardous waste, including financial responsibility, waste reduction, risk assessment, and future needs in an effort to design a comprehensive policy on managing hazardous waste in this State; and
Whereas, the task force sponsored a public forum and several plenary sessions to inform the public of the task force's activities and to invite the participation and input of the general public; and
Whereas, through a diligent and intensive effort, the task force has successfully developed major recommendations and plans for the management of hazardous waste in this State; and
Whereas, it is no doubt that the tremendous work of the task force is certainly going to be helpful and useful to the management of hazardous waste management in this State; and
Whereas, the members of the task force devoted themselves and sacrificed their time to this arduous and demanding task without pay or compensation; and
Whereas, thus, it is only fitting that we commend the members for their excellent work and dedicated spirit in their service on this vital task force Chairman Nick Theodore, Mr. Robert Bell, Mr. Mike Blanding, Mr. Bill Buck, Mr. Jimmy Chandler, Ms. Jo Etta Chewning, Dr. Charles Duncan, Mr. Richard Familia, Mr. Don Fogle, Dr. Susan Gawarecki, Mr. William Golightly, Mr. John Granaghan, Mr. Joe Grant, Mr. Ted Harris, Mr. L. D. Hendrick, Mr. John Hodge, Mr. Howell Hipp, Ms. Patricia Jerman, Mr. Gerald A. Kaynard, Dr. Mary Kelly, Dr. Joab Lesesne, Jr., Dr. Louis Lynn, Mr. Ken Lillard, Mr. Tom MacCallum, Ms. Mary McDaniel, Mr. Bruce Merchant, Mr. David McCartney, Ms. Helen McFadden, Mr. John McMillan, Mr. Joe Norman, Mr. Hubert Osteen, Jr., Ms. Elizabeth Revelise, Mr. Jim Rhea, Dr. Walter Roberts, Mr. Harmon Shade, Mr. Ruseell Shetterly, Mr. Bill Stilwell, Ms. Ruth Thomas, and Mr. Bill Want. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly, by this resolution, commend the members of the Hazardous Waste Management Task Force for their excellent and diligent work in completing their task of studying hazardous waste management in South Carolina.
Be it further resolved that a copy of this resolution be forwarded to each member of the Hazardous Waste Management Task Force.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 3642 -- Reps. Keegan, Corbett, Elliott, Harvin and Barfield: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE NEW BRIDGE ON STATE HIGHWAY 544 WHICH CROSSES THE INTRACOASTAL WATERWAY IN THE SOCASTEE COMMUNITY OF HORRY COUNTY THE "BENJAMIN E. THRAILKILL, JR. BRIDGE".
Whereas, Benjamin E. Thrailkill, Jr., efficiently served Horry County as a skillful dentist and as a civic and political leader for many years; and
Whereas, Dr. Thrailkill represented House of Representatives District 106 in Horry County with dedication and distinction; and
Whereas, the General Assembly believes that his unselfish services to the citizens of Horry County and the State of South Carolina deserve public recognition. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to name the new bridge on State Highway 544 which crosses the Intracoastal Waterway in the Socastee Community of Horry County the "Benjamin E. Thrailkill, Jr. Bridge." The department is requested with advice from the secretary of the Horry County Legislative Delegation to plan and conduct a suitable dedication ceremony and to install appropriate markers or signs at places on the bridge it considers advisable containing the words "Benjamin E. Thrailkill, Jr. Bridge." The department must be reimbursed for the cost of the dedication service and markers or signs as provided by Section 57-1-45, Code of Laws of South Carolina, 1976.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3936 -- Reps. Blackwell and Hallman: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO MORE VIGOROUSLY ENFORCE THE LAWS OF THIS STATE REQUIRING THE DEPARTMENT TO RECOVER MOTOR VEHICLE REGISTRATION PLATES FROM UNINSURED MOTOR VEHICLES.
Whereas, Section 56-10-40 of the 1976 Code and other provisions of law require the Department of Highways and Public Transportation to recover the motor vehicle registration plates from the vehicles of any person whose automobile liability insurance on the vehicles has lapsed or been terminated; and
Whereas, driving uninsured in this State is becoming a large problem with some estimates of uninsured drivers ranging as high as twenty to thirty percent of the total drivers in South Carolina; and
Whereas, the members of the General Assembly, by this resolution, believe and declare that if the Department of Highways and Public Transportation would more vigorously enforce the above-referenced laws of this State, it would help to alleviate some of the problems associated with operating motor vehicles without insurance. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby request the Department of Highways and Public Transportation to more vigorously enforce the laws of this State requiring the department to recover motor vehicle registration plates from uninsured motor vehicles.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 359 -- Senators Long, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.
Whereas, the General Assembly of South Carolina seeks support from members of Congress and the President to defeat efforts to increase the federal motor fuel tax increase as a budget balancing measure; and
Whereas, the successful federal, state, and local partnership for the nation's highway system should be Improved to provide a highway network to meet the future needs of America and South Carolina as the nation approaches the twenty-first century; and
Whereas, the fiscally sound pay-as-you-go system for funding highway and airport transportation should be retained, wherein federal and state user fee taxes on motor fuels are earmarked for highway and transportation purposes, including the Aviation Trust Fund and the Federal Aid Highway Program financed by the nine cents a gallon tax through the Federal Highway Trust Fund; and
Whereas, the Federal Highway Trust Fund should be extended indefinitely, the trust fund should be removed from the unified federal budget, the balance in the trust fund should be reduced to cash flow level to help accommodate urgently needed highway improvements, and the current federal tax structure should be continued until the trust fund balance is reduced; and
Whereas, South Carolina and each of the other states should be assured of a ninety percent return of their trust fund contributions and increased flexibility on the use of this federal highway money should be given to state and local governments to adequately meet the varied highway and transportation needs in the states and local areas; and
Whereas, current proposals to utilize motor fuel taxes and to substantially increase these taxes at the gas pumps for the purpose of balancing the federal budget should not be considered and would be harmful to the people of the United States and South Carolina, to the highway system, to tourism, and to many other areas of the national and state economies; and
Whereas, the existing investments in the Interstate Highway System must be adequately maintained and improved and remaining gaps in the system should be completed and undertaken to meet high priority needs based on the Strategic Highway Plan for Improving Mobility and Safety (SHIMS) such as the Grand Strand Connector, I-95 to Hilton Head Island corridor, the Mark Clark Expressway, the Bobby Jones Expressway, statewide bridge improvements, and four-lane road connectors throughout all of South Carolina; and
Whereas, the growing urban congestion and mobility problems need to be attacked through an assistance program with maximum local area flexibility but with necessary state and federal overview; and
Whereas, an efficient and safe rural surface transportation system needs federal, state, and local cooperation to expand economic opportunities, improve scenic and recreational roads, assist rural and small town areas in meeting capital needs for roads and bridges, and provide mobility for nondriving persons; and
Whereas, highway and traffic safety is of vital importance in the federal-state system and should include increased emphasis on uniform safety improvements through highway design standards, safe driving, and compliance with laws; and
Whereas, a number of positive positions have been taken by legislative, highway user, tourism, and business groups in South Carolina and the Southeast in support of congressional and administration actions to protect and strengthen the federal-state funding partnership for America's highway and transportation infrastructure and to oppose a federal motor fuel tax increase for budget deficit reduction. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of South Carolina memorializes Congress and the President of the United States to use a balanced approach in reducing the federal budget deficit rather than imposing an increase in the motor fuel tax rate, and to insure that these existing tax revenues continue to be earmarked for the Highway and Aviation Trust Funds to fulfill America's urgently needed highway and transportation needs in the years ahead.
Be it further resolved that copies of this resolution be forwarded to the President of the United States, to each house of Congress, to each member of the South Carolina Congressional delegation, and to the members of the bipartisan National Economic Commission.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. SIMPSON moved to reconsider the vote whereby the following House Resolution was adopted, which was agreed to.
H. 3494 -- Reps. McAbee, Cork, Corning, Burch, Rama, L. Martin, H. Brown, McCain, G. Bailey, Sharpe, White, Haskins, Wells, Neilson, Corbett, Keesley, Barfield, Washington, McTeer, P. Harris, Kirsh, Wilkins, Taylor, Stoddard, Carnell, T.C. Alexander, Beasley, Harvin, Farr, Glover, McGinnis, Wofford, Chamblee, Mattos, Baker, Keegan, J.C. Johnson, Vaughn, Fant, Davenport, Phillips, J. Williams, Littlejohn and Jaskwhich: A HOUSE RESOLUTION TO MEMORIALIZE CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO USE A BALANCED APPROACH IN REDUCING THE FEDERAL BUDGET DEFICIT RATHER THAN IMPOSING AN INCREASE IN THE MOTOR FUEL TAX RATE AND TO INSURE THAT THESE EXISTING TAX REVENUES CONTINUE TO BE EARMARKED FOR THE HIGHWAY AND AVIATION TRUST FUNDS TO FULFILL AMERICA'S URGENTLY NEEDED HIGHWAY AND TRANSPORTATION NEEDS IN THE YEARS AHEAD.
Rep. SIMPSON moved to table the Resolution, which was agreed to.
The following Concurrent Resolution was taken up.
H. 3444 -- Reps. Hearn, Hayes and Fair: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA COMMISSION ON ALCOHOL AND DRUG ABUSE TO CONDUCT A SPECIAL STUDY TO DETERMINE THE PROGRAM EFFECTIVENESS OF THE ALCOHOL AND DRUG SAFETY ACTION PROGRAM.
Whereas, Section 56-1-1320 of the 1976 Code allows a first offender convicted of driving under the influence (DUI) to obtain a provisional driver's license (PDL) to operate a motor vehicle during the suspension period provided the offender enrolls in the Alcohol and Drug Safety Action Program (ADSAP) and provides to the Department of Highways and Public Transportation proof of financial responsibility; and
Whereas, Section 56-5-2990 of the 1976 Code further requires any DUI offender to complete successfully ADSAP before reinstatement of a driver's license by the Department of Highways and Public Transportation; and
Whereas, since its inception, ADSAP has been administered by the South Carolina Commission on Alcohol and Drug Abuse. During the past sixteen years, SCCADA has periodically conducted studies to determine its program effectiveness; and
Whereas, the General Assembly believes another updated special study is needed. Among the questions to be addressed in a special study are the following:
1. the recidivism rate of first offenders receiving a provisional driver's license;
2. the recidivism rate of first offenders who do not receive a provisional driver's license;
3. the recidivism rate of DUI offenders successfully completing ADSAP;
4. the recidivism rate of DUI offenders unsuccessfully completing ADSAP;
5. the management practices of SCCADA and the county ADSAP's that influence waiting lists and completion of services;
6. the potential cost benefits of computer linkages between SCCADA and the county's ADSAP; and
7. an updated profile of the public safety risk of the DUI offender entering ADSAP in order to evaluate current behavioral and cost effectiveness and educational and treatment services provided through ADSAP; and
Whereas, the General Assembly, by this resolution, and for the above reasons has determined to request this special study. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina Commission on Alcohol and Drug Abuse is requested to conduct a special study to determine the program activities of the Alcohol and Drug Safety Action Program.
Be it further resolved that a copy of this resolution be forwarded to the South Carolina Commission on Alcohol and Drug Abuse.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 703 -- Senators Mitchell, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Rose, Russell, Saleeby, Setzler, Shealy, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE PRESIDENT OF THE UNITED STATES, THE SECRETARY OF DEFENSE, THE SECRETARIES OF THE ARMY, NAVY, AND AIR FORCE AND THE CONGRESS TO DECLARE WAR ON ILLICIT DRUG TRAFFICKING AND TO MOBILIZE THE ARMED FORCES TO RID THE UNITED STATES OF THE DESPICABLE, LOATHSOME, ILLICIT DRUG CATASTROPHE.
Whereas, the President of the United States has authorized the military services of this nation to assist in the "clean up" of the Valdez oil spill out of concern for both life and the environment of that area; and
Whereas, there is a more pressing problem confronting this great nation which the Army, Navy, Air Force, Marine Corps, and Coast Guard should be mobilized to eradicate, that being the malignant, diabolical drug trafficking cancer which has invaded our shores as a foreign enemy and attacked our people with hostility, numbed their minds, invaded their bodies, and taken their lives, infected countless homes and institutions, attacked ethical values, endangered the national security of our great nation, and threatens the ultimate destruction and enslavement of our citizens; and
Whereas, even our national capital is infested with crime of such magnitude that it is called the "Murder Capital of the World" and the "Drug Capital of the World" and this reputation has been earned in large part by the rampant distribution and use of havoc-wreaking drugs; and
Whereas, our great nation presently is blessed with the enjoyment of peace, no foreign nation is causing active hostility against our interest, our armed forces are "in readiness" if a military threat arises and are available for the defense of this nation from illegal drugs; and
Whereas, the Congress of the United States of America is urgently requested to make a formal declaration of war against illegal drugs, and the President of the United States, as Commander in Chief of the Armed Forces of the United States of America, is urged to declare illegal drugs an enemy threatening national security and to mobilize the Armed Forces of the United States of America to seal our borders and patrol our sea lanes and air space so as to slow, curtail, and eventually eliminate the flow of illegal drugs and dry up the demand for them. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the President of the United States, the Secretary of Defense, the Secretaries of the Army, Navy, and Air Force, and the Congress are memorialized to declare war on illicit drug trafficking and to mobilize the armed forces to rid the United States of the despicable, loathsome, illicit drug catastrophe.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, the Secretary of Defense, the Secretaries of the Army, Navy, and Air Force, the Speaker of the House of Representatives, the Vice President of the United States, and each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 3197 -- Rep. Lanford: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO RENAME THE BRIDGE PRESENTLY CALLED THE "COOPER BRIDGE" IN THE CRESCENT COMMUNITY OF SPARTANBURG COUNTY THE "DeYOUNG BRIDGE".
Whereas, the DeYoung family has lived in the Crescent community of Spartanburg County near the bridge to be named in their honor since the original wooden bridge was constructed. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to rename the bridge presently called the "Cooper Bridge" in the Crescent community of Spartanburg County the "DeYoung Bridge."
The department is requested to install appropriate markers or signs at places on the bridge it considers advisable containing the words "DeYoung Bridge." The department must be reimbursed for the coat of the markers or signs as provided by Section 57-1-45, Code of Laws of South Carolina, 1976.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.
Rep. LANFORD explained the Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3953 -- Reps. Manly, Mattos, M.O. Alexander, Clyborne, Blackwell, Baker, Wilkins, L. Martin, Keyserling, Haskins, Jaskwhich, Fant and Fair: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO REPEAL LEGISLATION THAT TOOK EFFECT JANUARY 1, 1989, WHICH SUBSTANTIALLY REDUCES THE NUMBER OF PATIENTS WITH MENTAL ILLNESS OR IMPAIRMENTS WHO ARE QUALIFIED TO BE ADMITTED TO NURSING HOMES THROUGHOUT THE UNITED STATES.
Whereas, the members of the General Assembly with deep concern are aware of the significant problems which are developing with regard to a new federal law which took effect on January first of this year pertaining to nursing home admissions; and
Whereas, this new law essentially prohibits mentally retarded or impaired persons from being admitted to nursing homes if they require treatment for their disability unless the nursing home has the ability to furnish this treatment which most, unfortunately, do not; and
Whereas, nursing homes which fail to comply with this new law risk fines and cut-offs in Medicaid payments even though the patients may have no other place to go; and
Whereas, to date the administration of this new law has been haphazard, the regulations governing it have not been written, and hospitals, nursing homes, and patients are all in a state of flux because they do not know what to do; and
Whereas, the members of the General Assembly, by this resolution, express their belief that it would be in the best interest of all concerned if this new law were quickly repealed. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly hereby memorialize Congress to repeal legislation that took effect January 1, 1989, which substantially reduces the number of patients with mental illness or impairments who are qualified to be admitted to nursing homes throughout the United States.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States Senate, the Speaker of the United States House of Representatives, and to each member of the South Carolina Congressional Delegation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 3410 --- Reps. Tucker and P. Harris: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS TO ENACT LEGISLATION TO PROVIDE FOR A PERSON SIXTY-FIVE YEARS OF AGE OR OLDER TO OBTAIN A HUNTING OR FISHING LICENSE OR PERMIT WITHOUT COST.
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly memorialize the United States Congress to enact legislation to provide for a person sixty-five years of age or older to obtain a hunting or fishing license or permit without cost.
Be it further resolved that a copy of this resolution be forwarded to each United States Senator from South Carolina, each member of the United States House of Representatives from South Carolina, the Senate of the United States, and the House of Representatives of the United States.
Be it resolved by the House of Representatives, the Senate concurring:
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 168 -- 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.
Rep. GENTRY moved to table the Resolution, which was agreed to.
The following Concurrent Resolution was taken up.
H. 3997 -- Reps. Limehouse, 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.
Be it resolved by the House; of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested 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.
Be it further resolved that a copy of this resolution be forwarded to the Department of Highways and Public Transportation.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4032 -- Reps. Kay, Townsend, P. Harris, Gentry, Hendricks, L. Martin, Mattos, Simpson, T.C. Alexander, McLellan, Chamblee, Cooper, Carnell, McAbee, J.W. Johnson, Stoddard, Wright, Derrick, Felder, Koon, Sharpe, Sturkie and J.C. Johnson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT ALTERNATIVE E AS A FIRST PRIORITY AND ALTERNATIVE A AS A SECOND PRIORITY AS CONTAINED IN A PRELIMINARY FINANCIAL FEASIBILITY STUDY FOR THE UPSTATE CORRIDOR AND, IF FEASIBLE, TO REQUEST THAT ALTERNATIVES A AND E BE IMMEDIATELY AND CONCURRENTLY IMPLEMENTED.
Rep. TOWNSEND explained the Resolution and moved to adjourn debate upon the Resolution, which was adopted.
The following Concurrent Resolution was taken up.
S. 757 -- Senator McLeod: A CONCURRENT RESOLUTION TO MEMORIALIZE CONGRESS TO SUPPORT S. 231, THE AID TO FAMILIES WITH DEPENDENT CHILDREN QUALITY CONTROL IMPROVEMENT ACT OF 1989, WITH AN EXCEPTION.
Rep. T.M. BURRISS moved to adjourn debate upon the Resolution until June 26, which was adopted.
Rep. LIMEHOUSE moved that the House recur to the morning hour, which was not agreed to.
The following Concurrent Resolution was taken up.
H. 4087 -- Reps. Snow, Bennett, Rhoad, Moss and Koon: A CONCURRENT RESOLUTION REQUESTING THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES TO MONITOR THE THREAT OF LYME DISEASE IN THIS STATE AND REGION AND MAKE A REPORT OF ITS FINDINGS AND APPROPRIATE RECOMMENDATIONS TO THE HOUSE COMMITTEE ON MEDICAL, MILITARY, PUBLIC AND MUNICIPAL AFFAIRS AND THE SENATE MEDICAL AFFAIRS COMMITTEE NO LATER THAN DECEMBER 15, 1989.
Whereas, Lyme disease, first described in 1976 by Dr. Allen Steere, has since 1984 surpassed Rocky Mountain spotted fever as the most common tick-borne disease and as it has spread from the Northeastern United States into most states of the United States has become a serious public health concern; and
Whereas, the disease is caused by the spirochete Borrelia burgdorferi and transmitted by the bite of the Ixodes dammini tick and is characterized by three clinical stages--early disease, including flu-like symptoms and a characteristic skin lesion; stage two--cardiac and neurological disease; and stage three--arthritic and chronic neurological syndromes; and
Whereas, the growing concern about Lyme Disease require appropriate action to determine the extent of the threat of Lyme Disease in this State so that appropriate and timely measures may be taken by public and private agencies to combat the threat; and
Whereas, the South Carolina Wildlife and Marine Resources Department has an ongoing relationship with the Southeastern Cooperative Wildlife Disease Study at the University of Georgia. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina Department of Wildlife and Marine Resources shall monitor the Lyme Disease threat in this State and region in coordination with the Southeastern Cooperative Wildlife Disease Study at the University of Georgia by, among other methods, collection of ticks from appropriate wildlife species and subsequent analysis of the ticks to determine the prevalence of the Lyme Disease spirochete; and
Be it further resolved that, based on its monitoring of the Lyme Disease situation in this State and region, the department shall make a report and appropriate and timely recommendations to the House Medical, Military, Public and Municipal Affairs Committee and Senate Medical Affairs Committee no later than December 15, 1989, on actions necessary to combat Lyme Disease.
Be it further resolved that a copy of this resolution be forwarded to Dr. James A. Timmerman, Jr., Executive Director of the South Carolina Department of Wildlife and Marine Resources.
The Concurrent Resolution was adopted and ordered returned to the Senate.
Rep. LIMEHOUSE moved to dispense with the Motion Period.
As a first substitute motion, Rep. McEACHIN moved that the House recur to the morning hour.
As a second substitute, Rep. HASKINS moved to dispense with the balance of the Motion Period, which was agreed to.
The following Bill was taken up.
H. 4131 -- Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.
Rep. T. ROGERS moved to adjourn debate upon the Bill.
Rep. HEARN moved to table the motion.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Burriss, M.D. Burriss, T.M. Corning Hearn Quinn
Those who voted in the negative are:
Brown, J. Faber McBride Rogers, T. Waites
So, the House refused to table the motion to adjourn debate.
The question then recurred to the motion to adjourn debate.
Rep. HEARN demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Brown, J. Faber McBride Rogers, T. Waites
Those who voted in the negative are:
Burriss, M.D. Burriss, T.M. Corning Hearn Quinn
So, the motion to adjourn debate was rejected.
Rep. HEARN inquired about the time allowed for the member to speak on the local contested Bill that the House was now considering. She further stated that the House had precedence that the time allowed was 30 minutes.
The SPEAKER stated, citing Rule 6.3, Section 14, Subsection E, that the period of time on the calendar was ten minutes, but the member was not limited for ten minutes and he could individually apeak on the Bill for an hour, provided he maintained the floor for six days in a row and exhausted that hour.
Rep. T. ROGERS was recognized.
Rep. McEACHIN moved that the House recur to the morning hour, which was agreed to.
Further proceedings were interrupted by the House recurring to the morning hour, the pending question being consideration of the Bill, Rep. T. ROGERS having been recognized.
Rep. McEACHIN, from the Florence Delegation, submitted a favorable report, on:
S. 274 -- Senator Waddell: A BILL TO VEST IN CLEMSON UNIVERSITY THE TITLE TO LANDS CONSTITUTING PORTIONS OF THE OLD PEE DEE EXPERIMENT STATION IN FLORENCE COUNTY PREVIOUSLY ACQUIRED BY THIS STATE FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.
On motion of Rep. McEACHIN, with unanimous consent, the following Bill was taken up for immediate consideration.
S. 274 -- Senator Waddell: A BILL TO VEST IN CLEMSON UNIVERSITY THE TITLE TO LANDS CONSTITUTING PORTIONS OF THE OLD PEE DEE EXPERIMENT STATION IN FLORENCE COUNTY PREVIOUSLY ACQUIRED BY THIS STATE FOR THE USE OF CLEMSON UNIVERSITY IN ITS AGRICULTURAL RESEARCH PROGRAM.
The Bill was read the second time and ordered to third reading.
On motion of Rep. McEACHIN, with unanimous consent, it was ordered that S. 274 be read the third time the next local legislative day.
Rep. BEASLEY moved to adjourn debate upon the motion to reconsider on the following Bill, which was adopted.
S. 699 -- Senators Waddell, Passailaigue, McConnell and Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
The following Bill was taken up.
S. 329 -- Senators Lourie, Fielding, Drummond, Mitchell, Peeler, Patterson, Matthews, Leventis, Lee, Setzler, Moore, Hinson, Long, Macaulay, Helmly, Wilson, McLeod, Mullinax, Passailaigue, Leatherman, Thomas, Giese, Holland, Martin and Shealy: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-71-645 SO AS TO PROVIDE THAT A DECISION OR DETERMINATION BY ANY HOSPITAL OR MEDICAL PERSONNEL, WHICH COULD RESULT IN THE DENIAL OF PAYMENTS OR BENEFITS TO A BENEFICIARY OF A HEALTH INSURANCE POLICY, MUST BE MADE OR PERFORMED BY A PRACTICING LICENSED PHYSICIAN OR NURSE.
Rep. L. MARTIN proposed the following Amendment No. 1 (Doc. No. 5255U), which was adopted.
Amend the bill, as and if amended, Section 38-70-20(C)(3) of the 1976 Code, as contained in SECTION 2, page 3, line 34, by striking /in this State/.
Amend title to conform.
Rep. L. MARTIN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
S. 49 -- Senators Martschink, Drummond, Patterson, Bryan, Giese, Helmly, Passailaigue, Wilson and Long: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-30-15 SO AS TO PROVIDE SPECIAL TESTING ARRANGEMENTS FOR STUDENTS WITH DISABILITIES WHO TAKE THE HIGH SCHOOL EXIT EXAM.
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 FOR USE BY THE PUBLIC IN THE EVENT OF DESTRUCTION OR UNAVAILABILITY OF THE ELECTRONIC INDICES.
S. 668 -- Senators Rose and McConnell: A BILL TO AMEND CHAPTER 101, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF ANY PHYSICIAN OR OTHER EMPLOYEE OF A MEDICAL SCHOOL OF THE STATE OF SOUTH CAROLINA, SO AS TO PROVIDE THAT ANY COMPENSATION OF A PHYSICIAN OR OTHER EMPLOYEE OF THE STATE OF SOUTH CAROLINA SHALL BE APPROVED IN ADVANCE ANNUALLY BY THE PRESIDENT OR THE BOARD OF TRUSTEES OF THAT MEDICAL SCHOOL AND TO PROVIDE THAT COMPENSATION SHALL INCLUDE ALL REMUNERATION, OBTAINED THROUGH A PROFESSIONAL SERVICE ORGANIZATION OR OTHERWISE, WITH USE OF PUBLICLY OWNED FACILITIES, EQUIPMENT OR SUPPLIES.
S. 653 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT TO REDUCE STRINGENCY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 654 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE COMMISSION FOR THE BLIND, RELATING TO THE RANDOLPH-SHEPPARD VENDING MACHINE PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 1081, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 802 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE RESIDENTIAL HOME BUILDERS COMMISSION, RELATING TO LICENSE FEES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1122, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 803 - Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE REAL ESTATE COMMISSION, RELATING TO ADVERTISING, RESIDENCE, REQUIREMENT, CREDIT REPORT, BRANCH OFFICE, LICENSING, CLOSING STATEMENTS, EXAMINATIONS, BROKER, SALESMEN AND PROPERTY MANAGERS, HANDLING OF FUNDS, AGE REQUIREMENT, SIGN ON OFFICE, DISPLAY OF LICENSE, FAILURE OF EXAMINATION, MANAGEMENT AGREEMENTS, MULTI-UNIT RENTAL PROPERTY, EMPLOYEE DUTIES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1100, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 522 -- Senators Lourie, Land, Fielding, Mitchell, Martschink and Rose: A BILL TO AMEND SECTION 58-25-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGIONAL TRANSPORTATION AUTHORITIES, SO AS TO PROVIDE THAT MEMBER GOVERNMENTS, REGARDLESS OF POPULATION, MUST HAVE AT LEAST ONE MEMBER ON THE GOVERNING BOARD OF AN AUTHORITY.
Rep. MOSS moved to adjourn debate upon the following Bill until June 25, 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 Joint Resolution was taken up.
S. 689 -- Senator McLeod: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY HEALTH CARE COVERAGE FOR THE MEDICALLY INDIGENT IN SOUTH CAROLINA AND PROVIDE FOR ITS MEMBERS, COMPENSATION, AND DUTIES.
Rep. MOSS proposed the following Amendment No. 1 (Doc. No. 5311U), which was adopted.
Amend the resolution, as and if amended, in subsection (A) of SECTION 1, after item (5) by inserting:
/(6) Chairman of the Joint Insurance Study Committee, or his designee;/
and by adding appropriately numbered items at the end of subsection (A) to read:
/( ) a health care consumer or a person representing the interests of health care consumers;
( ) a representative of a teaching hospital in this State./
Renumber items to conform.
Amend title to conform.
Rep. MOSS explained the amendment.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
Rep. ALTMAN moved to adjourn debate upon the following Bill until June 25, which was adopted.
H. 3904 -- Rep. Altman: A BILL TO AMEND SECTIONS 56-19-240 AND 56-19-290, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTIFICATES OF TITLE FOR MOTOR VEHICLES, SO AS TO PROVIDE THAT ODOMETER DISCLOSURE STATEMENTS MUST COMPLY WITH FEDERAL GUIDELINES AND REQUIREMENTS OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION AND TO ELIMINATE INFORMATION REQUIRED TO BE FURNISHED ON TITLE CERTIFICATES AND ON APPLICATIONS FOR CERTIFICATES.
The following Bill was taken up.
S. 595 - Senator Macaulay: A BILL TO AMEND SECTION 56-3-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DELINQUENT REGISTRATION OF MOTOR VEHICLES, THE MONETARY PENALTIES FOR LATE REGISTRATION, AND THE CRIMINAL PENALTIES FOR OPERATING AN UNLICENSED VEHICLE, SO AS TO PROVIDE THAT THE MONETARY PENALTIES FOR LATE REGISTRATION MAY NOT BE IMPOSED AGAINST THE LATE REGISTRATION OF CAMPERS OR TRAVEL TRAILERS.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 5126U), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 56-3-845. The delinquency penalty fee provided for in Section 56-3-840 is five dollars for campers and travel trailers which are subject to a registration fee under Section 56-3-720."/
Amend title to conform.
Rep. T.C. ALEXANDER explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 3903 - Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-FOUR THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE.
Rep. ALTMAN moved to table the Bill, which was agreed to.
The following Bill was taken up.
S. 812 -- Senator Gilbert: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE BOYS CLUB OF FLORENCE.
Rep. McEACHIN proposed the following Amendment No. 1 (Doc. No. 5250U), which was adopted.
Amend the bill, as and if amended, in SECTION 1, by inserting immediately after /Florence/ on line 20 of page 1 /, Incorporated/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. FARR moved to adjourn debate upon the following Bill until June 25, which was adopted.
S. 776 -- Senators Pope, Martin and Bryan: A BILL TO AMEND ACT 288 OF 1987, RELATING TO THE UNION-LAURENS COMMISSION FOR HIGHER EDUCATION, SO AS TO INCREASE THE MEMBERS FROM SEVEN TO NINE.
Rep. BENNETT moved to adjourn debate upon the following Joint Resolution until June 25, which was adopted.
H. 4134 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO NONHAZARDOUS SOLID WASTE MANAGEMENT PLANNING, DESIGNATED AS REGULATION DOCUMENT NUMBER 1091, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. J. BAILEY moved to adjourn debate upon the following Bill until June 25, which was adopted.
H. 3748 -- Rep. J. Bailey: A BILL TO AMEND SECTION 6-7-740, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARDS OF ZONING APPEALS AND ZONING BOARDS OF ADJUSTMENT, SO AS TO REQUIRE A TWO-THIRDS VOTE OF THE BOARD MEMBERS FOR A USE VARIANCE FROM THE TERMS OF AN ORDINANCE OR A RESOLUTION ADOPTED BY A LOCAL GOVERNING BODY.
Rep. SHARPE moved to adjourn debate upon the following Bill until June 25, which was adopted.
H. 3453 -- Rep. Kay: A BILL TO AMEND SECTION 47-5-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFINEMENT, EXAMINATION, OR DESTRUCTION OF BITING OR ATTACKING ANIMALS FOR PURPOSES OF RABIES CONTROL, SO AS TO REQUIRE THE COUNTY HEALTH DEPARTMENT TO SERVE NOTICE ON THE OWNER OF A PET OTHER THAN A CAT OR DOG WHICH HAS ATTACKED OR BITTEN A PERSON REQUIRING THE OWNER TO HAVE THE PET EUTHANIZED AND THE BRAIN SUBMITTED FOR RABIES EXAMINATION AND TO REQUIRE THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO REMOVE THE HEAD OF A DEAD ANIMAL DELIVERED TO IT SUSPECTED OF HAVING RABIES AND PERFORM A RABIES EXAMINATION.
The following was received from the Senate.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to S. 826:
S. 826 -- Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 1989, AT 5:00 P.M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, 13, 14, 15, AND 16, 1989, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 16, 1989, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 19, 1989, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 19, 1989, AND ON SUBSEQUENT DAYS THEREAFTER UNTIL IT SHALL STAND ADJOURNED SINE DIE.
and asks for a Committee of Conference and has appointed Senators Williams, McConnell and Moore of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. J. ROGERS, WILKINS and McELVEEN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 1, 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. 783:
S. 783 -- Senator Holland: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 31, 1989, AS THE TIME FOR ELECTING MEMBERS TO THE STATE BOARD OF SOCIAL SERVICES FROM THE SECOND, FOURTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE AT-LARGE SEAT.
Very respectfully,
President
The SPEAKER granted Rep. TOWNSEND a temporary leave of absence.
Rep. McLELLAN made a statement relative to the General Appropriation Bill, H. 3600.
Rep. J. ROGERS moved that the House recede until 2:30 P.M., which was adopted.
At 2:30 P.M. the House resumed, the SPEAKER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 216:
S. 216 -- Finance Committee: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR TAXABLE YEARS 1981 THROUGH 1989 IS EXTENDED UNTIL JULY 1, 1989, AND TO PROVIDE THAT THE TIME FOR FILING OF APPLICATIONS FOR PROPERTY TAX EXEMPTION FOR PROPERTY OF A LOCAL FARMER-OWNED NONPROFIT MARKETING AUTHORITY FOR TAXABLE YEARS 1980 THROUGH 1988 IS EXTENDED UNTIL JULY 1, 1989.
Very respectfully,
President
The report of the Committee of Conference having been adopted by both Houses, and this Joint Resolution having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
Rep. J. ROGERS moved to adjourn debate upon the motion to reconsider on the following Bill until 3:00 P.M., which was adopted.
H. 3699 -- Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS FROM THE REGISTRATION REQUIREMENT IN THE SOUTH CAROLINA EMPLOYABLES PROGRAM ACT, SO AS TO REDUCE FROM SIX TO THREE THE AGE OF A CHILD WHOSE MOTHER OR OTHER RELATIVE CARING FOR THE CHILD IS EXEMPT; TO AMEND SECTION 43-5-580, RELATING TO THE ENFORCEMENT OF SUPPORT OBLIGATIONS OF ABSENT PARENTS UNDER THE EMPLOYABLES PROGRAM ACT, SO AS TO REQUIRE THE DEPARTMENT TO ESTABLISH A SCALE OF MINIMUM GUIDELINES WHICH MUST BE APPLIED BY THE COURTS IN DETERMINING THE AMOUNT THAT AN ABSENT PARENT IS EXPECTED TO PAY TOWARD THE SUPPORT OF A DEPENDENT CHILD UNDER THE PROVISIONS OF THE EMPLOYABLES PROGRAM ACT; AND TO AMEND SECTION 43-5-590, RELATING TO THE POWERS AND DUTIES OF THE DEPARTMENT IN ACCORDANCE WITH A FEDERALLY-APPROVED CHILD SUPPORT PLAN, SO AS TO DELETE THE REQUIREMENT THAT THE FEDERAL GOVERNMENT PROVIDE TITLE IV-D SERVICES FOR A PERIOD OF THREE MONTHS FROM THE MONTH THE FAMILY CEASES TO RECEIVE PUBLIC ASSISTANCE.
On motion of Rep. WILKINS the House stood at ease subject to the call of the Chair.
At 2:45 P.M. the House resumed, the SPEAKER in the Chair.
On motion of Rep. WILKINS, with unanimous consent, the following Joint Resolution was ordered recalled from the Committee on Judiciary.
H. 3879 - Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
On motion of Rep. WILKINS the House non-concurred in the Senate Amendments to the following Joint Resolution, and a message was ordered sent to the Senate accordingly.
H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
The Senate Amendments to the following Bill were taken up for consideration.
H. 3699 - Medical, Military, Public and Municipal Affairs Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-852 SO AS TO CREATE A REBUTTABLE PRESUMPTION IN ANY PROCEEDING FOR THE AWARD OF CHILD SUPPORT THAT THE AMOUNT OF THE AWARD WHICH WOULD RESULT FROM THE APPLICATION OF GUIDELINES REQUIRED UNDER SECTION 43-5-580(b) IS THE CORRECT AMOUNT OF CHILD SUPPORT TO BE AWARDED AND PROVIDE UNDER WHICH CONDITIONS THIS PRESUMPTION MAY BE REBUTTED; TO AMEND SECTION 20-7-954, RELATING TO GENETIC TESTS REQUIRED OF THE PARENTS USED FOR APPROVING OR DISAPPROVING PARENTAGE, SO AS TO REQUIRE THAT IN ALL CHILD SUPPORT CASES BROUGHT BY THE CHILD SUPPORT ENFORCEMENT PROGRAM THE CHILD AND ALL PARTIES IN A CONTESTED PATERNITY CASE MUST BE, UPON THE REQUEST OF ANY PARTY, ORDERED BY THE COURT TO SUBMIT TO GENETIC TESTING; TO AMEND SECTION 20-7-1315, AS AMENDED, RELATING TO DEFINITIONS AND PROCEDURES REGARDING THE WITHHOLDING OF INCOME TO SECURE PAYMENT OF SUPPORT OBLIGATIONS, SO AS TO PROVIDE WHEN INCOME WITHHOLDING BEGINS IN TITLE IV-D CASES AND FOR IMMEDIATE WITHHOLDING WAGES IN CERTAIN CASES; TO AMEND SECTION 43-5-540, RELATING TO THE EXEMPTION OF INDIVIDUALS PROM 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 48-5-590, 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.
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. KOHN asked unanimous consent to recall H. 3052 from the Legislative Council.
Rep. KIRSH objected.
Rep. BLACKWELL, with unanimous consent, made a statement relative to Rep. LOCKEMY.
The following was introduced:
H. 4143 -- Reps. Rudnick, Koon, Klapman, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Kohn, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF L.D. GAUSE OF LEXINGTON COUNTY, HUSBAND OF LOUISE GAUSE, WHO DIED ON MAY 6, 1989.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4032 -- Reps. Kay, Townsend, P. Harris, Gentry, Hendricks, L. Martin, Mattos, Simpson, T.C. Alexander, McLellan, Chamblee, Cooper, Carnell, McAbee, J.W. Johnson, Stoddard, Wright, Derrick, Felder, Koon, Sharpe, Sturkie and J.C. Johnson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO IMPLEMENT ALTERNATIVE E AS A FIRST PRIORITY AND ALTERNATIVE A AS A SECOND PRIORITY AS CONTAINED IN A PRELIMINARY FINANCIAL FEASIBILITY STUDY FOR THE UPSTATE CORRIDOR AND, IF FEASIBLE, TO REQUEST THAT ALTERNATIVES A AND E BE IMMEDIATELY AND CONCURRENTLY IMPLEMENTED.
Whereas, the Department of Highways and Public Transportation has conducted an analysis of several possible routes in the Upstate Corridor in a study dated June, 1987;
Whereas, this study was part of the Strategic Highway Plan to Improve Mobility and Safety (SHIMS); and
Whereas, the General Assembly has determined that Alternative E, as contained in that study, is its first priority and Alternative A is its second priority. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to implement Alternative E as a first priority and Alternative A as a second priority, contained in a Preliminary Financial Feasibility Study for the Upstate Corridor, dated June, 1987.
Be it further resolved that a copy of this resolution be forwarded to the Executive Director of the Department of Highways and Public Transportation.
Reps. KAY and TOWNSEND proposed the following Amendment No. 1 (Doc. No. 5360U), which was adopted.
Amend the resolution, as and if amended, by striking lines l, 2, and 3 on page 2.
Renumber sections to conform.
Amend title to conform.
Rep. KAY explained the amendment.
The amendment was then adopted.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. J.W. JOHNSON.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. T. ROGERS having been recognized.
H. 4131 -- Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.
Rep. T. ROGERS moved to adjourn debate upon the Bill.
Rep. HEARN moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate, which was agreed to.
Rep. J.W. JOHNSON moved that the House resolve itself into a Committee of the Whole, which was agreed to.
The SPEAKER appointed Rep. HUFF Chairman of the Committee.
At 3:20 P.M., the Committee arose.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Waddell, Lindsay and Lourie of the Committee of Free Conference on the part of the Senate on H. 3600:
H. 3600: General Appropriations Bill.
Very Respectfully,
President
Rep. J. ROGERS moved to reconsider the vote whereby debate was adjourned on the motion to reconsider whereby the following Bill was given unanimous consent to receive a third reading, which was agreed to.
S. 699 -- Senators Waddell, Passailaigue, McConnell and Rose: A BILL TO AMEND ARTICLE 11, CHAPTER 13 OF TITLE 51, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PATRIOT'S POINT DEVELOPMENT AUTHORITY, SO AS TO FURTHER PROVIDE FOR ITS ORGANIZATION, STRUCTURE, PURPOSES, AND POWERS.
Rep. J. ROGERS moved to reconsider the vote whereby the Bill was given a second reading and the motion was noted.
Rep. J. ROGERS moved to reconsider the vote whereby the Bill was given unanimous consent to receive a third reading today.
Rep. BLACKWELL spoke against the motion to reconsider.
The question then recurred to the motion to reconsider whereby the Bill received unanimous consent to receive an automatic third reading, which was rejected by a division vote of 35 to 57
The Bill, as amended, was then read the third time and ordered sent to the Senate.
Rep. BEASLEY moved that the Committee of Conference on the following Bill be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, K. Baker Barber Barfield Baxley Beasley Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cooper Corbett Cork Corning Derrick Elliott Faber Fair Farr Felder Foster Gentry Glover Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Jaskwhich Johnson, J.C. Kay Keegan Keesley Kirsh Klapman Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rudnick Sharpe Sheheen Short Simpson Smith Snow Tucker Vaughn Waites Waldrop Wells Wilder Wilkes Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. BEASLEY, NESBITT and JASKWHICH to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., June 1, 1989
The COMMITTEE OF CONFERENCE, to whom was referred:
S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the bill do pass amended as follows:
Strike all after the enacting words and insert:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein:
SECTION 1. This act is known and may be cited as the "Target 2000-School Reform for the Next Decade" Act.
SECTION 2. Section 59-5-65(8) of the 1976 Code is amended to read:
"(8) Develop and implement regulations requiring all school districts to provide providing at least one-half voluntary day early childhood development programs for four-year-old children who have predicted significant readiness deficiencies and whose parents voluntarily allow participation. The regulations must require intensive and special efforts to recruit children whose participation is difficult to obtain. The school districts may contract with appropriate groups and agencies to provide part or all of the programs. These programs must be developed in consultation with the Interagency Coordinating Council on Early Childhood Development and Education. The Interagency Coordinating Council shall consult with the Advisory Committee for Early Childhood Education in developing proposals to submit for State Board of Education consideration. In the event that If a local advisory committee exists in a community to coordinate early childhood education and development, school districts shall consult with the committee in planning and developing services. The State Department of Education shall collect and analyze longitudinal data to determine the effects of child development programs on the later achievement of children in the 'high-risk' category by tracking four-year-old child development program participants through kindergarten and the first three years of elementary school to examine their performance on the readiness test and the BSAP tests administered in grades 1, 2, and 3. The Governor shall initiate the development of a state plan on early childhood development and education to assist the State in providing appropriate services for preschool children. This plan must be completed by July 1, 1985.
School districts without an early childhood development program during the 1988-1989 school year may obtain a waiver from the regulation requiring provision of a program. The waiver may be granted by the State Board of Education for one year, if a school district is unable to implement a program because of unavailability of classroom space and other facilities, including appropriate facilities which may be rented by the school district at a reasonable fee. School districts which are unable to implement a program because of a lack of district facilities may use a portion of the district's allocation under this program to rent appropriate space for one year. The portion of the district's allocation which may be used for rent must be determined by the State Board of Education in conjunction with the School Board of Trustees."
SECTION 3. The 1976 Code is amended by adding:
"Section 59-1-450. Upon the appropriation of funds by the General Assembly for this purpose, the State Department of Education is directed to review programs which are effective in providing parents support in their role as the principal teachers of their preschool children. The purpose of the review is for the State Board of Education to select or adapt a program or programs, after consultation with the Select Committee, for pilot testing in South Carolina during 1989-90 and 1990-91. The selected or adapted programs must provide parent education to parents and guardians who have children ages birth through five years and who choose to participate in the programs and must include intensive and special efforts to recruit parents or guardians whose children are at risk for school failure. The program or programs also should include developmental screening for children and offer parents of children from birth through five years opportunities to improve their education if the parents do not possess a high school diploma or equivalent certificate.
After pilot testing, the State Board of Education, after consultation with the Select Committee, shall promulgate regulations to implement parent education programs in all school districts. Implementation of the programs in the districts must be phased in over three years. Priority must be given to serving those parents whose children are considered at-risk for school failure according to criteria established by the State Board of Education. From funds appropriated for the programs, each school district must be allocated an amount determined by computing the percentage of all families with children ages birth through five years served statewide as compared with those families who are served by the school district and multiplying this percentage by the total statewide appropriation for the program.
An evaluation of the programs pilot-tested shall be provided by March 1, 1991 and of all implemented programs by December 1 annually thereafter to the Select Committee and Business-Education Subcommittee.
Regulations of the State Board of Education causing parent education programs to be implemented in the school districts must allow districts to develop or select an alternative program for implementation in the district, if the program meets criteria for initial approval by the Board. The Board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the program which is acceptable to the Board or its designee. To continue to use an alternative program, a school district must demonstrate the success of the program in accordance with the approved evaluation component. A school district using an alternative program must receive an allocation from the appropriation by the General Assembly for this program which is equal to the allocation the district would receive if the district used the program or programs selected or adapted by the Board."
SECTION 4. Section 59-20-40(7) of the 1976 Code, as last amended by Act 522 of 1988, is further amended to read:
"(7) Annually in the General Appropriations Act the General Assembly shall determine an appropriation level for compensatory and remedial programs. The State Board of Education shall promulgate regulations to implement a system so as to provide a pro rata matching of the weighted pupil units to the pupils in districts of the State who fail to meet the statewide minimum standards in reading, writing, and mathematics or who do not meet the first grade readiness test standard. To accommodate the level of the total appropriation for compensatory and remedial programs, the State Board of Education shall allocate the funding of weighted pupil unit increments according to the following order of priority:
(1) all students scoring below BSAP standard on any portion of the exit examination at a remedial weight of .114;
(2) grades 1-6 compensatory at a weight of .26;
grades 1-6, students scoring at or below the 25th percentile at a compensatory weight of .26;
(3) grades 2-6 remedial below BSAP standard but above the 25th percentile at a weight of .114; grades 1-6, students scoring above the 25th percentile but below BSAP standard at a remedial weight of .114;
(4) grades 7-10 remedial below the 25th percentile at a weight of.114;
grades 7-10, students scoring below the 25th percentile at a remedial weight of .114;
(5) after all students eligible under priorities 1, 2, 3, and 4 above are funded, students classified as remedial below the BSAP standard but above the 25th percentile in grades 2-6 must be funded as compensatory students, at a weight of .26 starting progressively with the second grade and moving through the sixth grade as funds permit; scoring above the 25th percentile but below BSAP standard in grades 1-6 who are classified as remedial must be funded as compensatory students, at a compensatory weight of .26, starting progressively with the first grade and moving through the sixth grade as funds permit;
(6) after all students eligible under priorities 1, 2, 3, 4, and 5 above are funded, students classified as remedial below BSAP standard but above the 25th percentile in grades 7-10 must be funded at a scoring above the 25th percentile but below BSAP standard in grades 7-10 who are classified as remedial must be funded at a remedial weight of .114 starting progressively with the seventh grade and moving through the tenth grade as funds permit;
(7) after all students eligible under priorities 1, 2, 3, 4, 5, and 6 above are funded, students classified as remedial in grades 7-12 must be funded as compensatory at a weight of .26 starting progressively with the seventh grade and moving through the twelfth grade as funds permit.
No student who scores at or above BSAP standard is eligible for either compensatory or remedial funding. The district's total number of students scoring at the compensatory or remedial level as defined in the priorities as provided in this section must be the number of students constituting one hundred percent to be served. Any district not serving one hundred percent of its eligible compensatory and remedial children funded as provided in this section must shall have its allocation reduced proportionately on a per pupil basis. When one hundred percent of the eligible students in one category are served, school districts may use uncommitted funds to serve eligible students in the other category according to the priorities cited above. The Board of Education shall promulgate regulations to insure maximum utilization of state and Chapter 1 funds to achieve the purpose of this proviso. Nothing in this section prohibits the General Assembly from appropriating funds to the Department of Education for block grants to address basic skills remediation in early childhood development in the school districts of the State. Nothing in this section prohibits a school district from using funds appropriated pursuant hereto to this section for compensatory and remedial programs in summer school in the following fiscal year."
SECTION 5. Chapter 65 of Title 59 of the 1976 Code is amended by adding:
Section 59-65-410. For purposes of this article, a "dropout" is a pupil who leaves school for any reason, except death, before graduation or completion of a course of studies and without transferring to another school.
Section 59-65-420. The State Board of Education, acting in consultation with and assistance from the Select Committee, shall cause programs designed to reduce and recover dropouts to be developed and pilot-tested in school years 1989-90, 1990-91, and 1991-92. In 1989-90 and 1990-91, programs shall be piloted in no more than ten school districts and in no more than ten elementary, ten middle, and ten high schools, and in 1991-92 in additional schools and school districts, but in no more than twenty-five percent of the state's schools and districts. In selecting the pilot programs, the latest research on the effectiveness of various strategies to reduce and retrieve dropouts must be considered, including, but not limited to, parent training and involvement; mentoring; enriched programs, including after school and summer programs; and interagency teams. Following the initial three years of pilot testing, dropout prevention and retrieval programs must be phased-in in all school districts over three years. Following pilot testing, funds must be allocated to the school districts on the basis of a formula that incorporated a base allocation in addition to each district's total weighted pupil units and its average attrition rate in grades 9 through 12 over the most recent five years. The programs must be revised as needed based on continual evaluation and refinement of programs throughout implementation.
It is the intent of the General Assembly that the recommendations of the Governor's Council on At-Risk Youth be considered in the further development of statewide policy on the issues addressed in this section.
Section 59-65-430. (A) The General Assembly shall appropriate funds in Fiscal Year 1989-90, 1990-91, and 1991-92 for planning, program development, and pilot testing components for a dropout prevention and retrieval program in school districts and schools which are designated by the State Board of Education after consultation with the Select Committee. The Department of Education, a school, or school district which is pilot testing a dropout and retrieval program, individually or with other participants, may use a portion of the program funds for the purchase of technical assistance during planning, development, and implementation of the program. Funds appropriated under this section may be carried forward from one fiscal year to another for the purpose of funding special summer programs. A report on the status of the programs must be provided to the Select Committee and the Business-Education Subcommittee by March 1, 1990 and an evaluation report must be provided annually thereafter by December 1.
(B) The State Board of Education shall approve district plans which meet the criteria established by regulation and shall waive those regulations as requested by the schools and districts when waiver of the regulations bears a rational relationship to the implementation of the proposed program.
(C) At the conclusion of pilot testing, the State Board of Education, in consultation with the Select Committee, shall also promulgate regulations requiring each school district to develop written objectives and begin detailing plans for a comprehensive dropout prevention and retrieval program using program components found to be effective during pilot testing. The regulations must also require districts to give priority for the use of funds allocated under this article to dropout prevention programs for students below grade ten.
The regulation must allow districts to develop or select other programs for implementation in the district, including programs expanding or extending existing state or locally funded programs for students who are at risk of dropping out of school, if the programs meet criteria for initial approval by the Board. The Board's criteria for initial approval must include a requirement that school districts develop an evaluation component for the programs, which is acceptable to the Board or its designee. To continue to use the alternative programs developed or selected by the district, the school district must demonstrate the success of the programs in accordance with the approved evaluation component.
Section 59-65-440. An adequate number of the schools and districts selected for pilot testing must be chosen for the purpose of serving as lead schools or school districts in a network for schools and districts which will cover all regions of the State. Beginning with the 1990-91 school year, lead schools and districts with initiate and provide for on-going discussions and work sessions among schools and districts within a network or networks on strategies for implementing programs which are successful in reducing and recovering dropouts. The State Board of Education shall assist lead schools and school districts in their function as lead school and districts and shall facilitate the successful operation of the network by distributing funds to the networks in accordance with procedures approved by the State Board of Education in consultation with the Select Committee and Business-Education Subcommittee and in accordance with appropriations provided by the General Assembly.
Section 59-65-450. In consultation with the Select Committee, the State Board of Education shall establish minimum standards for evaluating the potential for success and quality of implementation of school and district dropout prevention and retrieval programs. The minimum standards must include outcome measures to be applied to school and district dropout programs after a reasonable period of implementation of a program in a school or district.
Section 59-65-460. Each year after the 1991-1992 school year, the State Department of Education shall apply the standards set pursuant to Section 59-65-450 to all schools and school districts which have received state funds to operate a dropout prevention and retrieval program for at least two years. When application of the standards indicates that a school's or district's dropout prevention and retrieval program is deficient, the State Board of Education shall direct the district board of trustees to:
(1) study the dropout prevention and retrieval program in the school or district,
(2) identify factors rendering the program deficient, and
(3) by not later than March fifteenth, submit for approval to the State Board of Education a plan for corrective action. During the period that a school's or district's program is designated as deficient, the State Department of Education shall monitor and provide feedback on the program and the corrective action plan and continuously furnish advice and technical assistance. If a school or district fails to satisfactorily implement the corrective action plan within six months of approval of the plan, the failure must be indicated in the status of the school's or district's accreditation classification. Funds for monitoring and technical assistance under this provision must be provided by the General Assembly in the annual general appropriations act.
Section 59-65-470. To enable the Wil Lou Gray Opportunity School to inform dropouts of the school's academic and vocational training programs, the school is authorized to contact the attendance supervisors or principals at the various high schools or school districts of this State at reasonable intervals for the purpose of receiving access to the names and addresses of students reported by the supervisors and principals to be dropouts, and the attendance supervisors and principals must supply this information to the Wil Lou Gray Opportunity School.
SECTION 6. The 1976 Code of Laws is amended by adding:
"Section 59-29-179. The State Board of Education shall establish a committee, which includes but is not limited to personnel from the State Department of Education, school districts, and institutions of higher education. The purpose of the committee shall be to assist the State Board of Education in the identification of the dimensions of thinking which shall constitute 'higher order thinking and problem solving' for purposes of Sections 59-26-30(b)(3), 59-26-30(b)(7), 59-26-30(j), 59-29-179, 59-29-180, 59-29-181, 59-29-182, 59-29-183, 59-30-110, and 59-31-600."
SECTION 7. Section 59-26-20 of the 1976 Code is amended by adding a new item appropriately numbered to read:
"( ) Adopt program approval standards so that beginning with the 1991-92 school year students, who are pursuing a program in a college or university in this State which leads to certification as instructional or administrative personnel, shall complete successfully training and teacher development experiences in teaching higher order thinking skills."
SECTION 8. Section 59-26-30(b)(3) of the 1976 Code is amended to read:
"(b)(3) Develop an observational instrument to be used by the local school district to evaluate a teacher during his provisional year of teaching in such that form that the results of the evaluation can be used to inform a teacher of his strengths and weaknesses. The State Board of Education shall cause the instrument to be adapted by not later than the beginning of the 1993-1994 school year to require specific performance demonstrations of teaching higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. The instrument, including the additional observation statements for teaching higher order thinking skills, shall must be validated in accordance with current legal requirements."
SECTION 9. Section 59-26-30(b)(7) of the 1976 Code is amended to read:
"(b)(7) Develop an evaluation instrument to be used by colleges and universities to evaluate all student teachers. The instrument shall must be developed on the basis of acceptable criteria for teaching effectiveness. The instrument shall must be designed to provide feedback and assistance to the student teacher regarding any identified deficiencies. Not later than the beginning of the 1993-1994 school year, the State Board of Education shall adapt the instrument to include observation statements for teaching of higher order thinking skills in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure."
SECTION 10. Section 59-26-30(j) of the 1976 Code is amended to read:
"(j) Establish procedures whereby each school district shall periodically evaluate periodically in the classroom all certified personnel whose duties include teaching in the classroom. The evaluation instrument to be used in the evaluations shall must be one that at least meets the criteria established by the State Board of Education as an acceptable instrument. By the beginning of the 1995- 1996 school year, the State Board of Education shall include in its criteria for an acceptable instrument a requirement that the instrument evaluate teaching higher order thinking skills and problem solving in those subject areas and contexts where the use of these skills is determined to be appropriate. Demonstrations of teaching higher order thinking skills may not be excluded as inappropriate for a subject area or context only on the basis that the students with whom the demonstrations are to be made are at risk of school failure. School districts shall give the results of a teacher's evaluation in writing to the teacher and shall counsel him concerning his strengths and weaknesses as a teacher. School districts shall use deficiencies identified by the evaluations as a guide to the establishment of individual or group staff development programs."
SECTION 11. The 1976 Code is amended by adding:
"Section 59-31-600. When the State Board of Education determines that textbook adoptions are needed in a specific field, the Board shall direct evaluating and rating committees to assess textbooks for the presentation of instructional materials which develop higher order thinking skills and problem solving. The results of each evaluating and rating committee's assessment must be included in its written report to the State Board of Education. Where otherwise satisfactory, the evaluating and rating committee shall recommend and the State Board of Education shall adopt textbooks which develop higher order thinking skills."
SECTION 12. Section 59-29-180 of the 1976 Code is amended to read:
"Section 59-29-180. The State Department of Education and all school districts shall emphasize higher order problem solving skills in curricula at all levels. The State Department of Education shall assist the school districts by locating, developing, and advising the districts on the development of materials and other aids which may be used to teach higher order problem solving skills within existing subjects."
SECTION 13. The 1976 Code is amended by adding:
"Section 59-29-181. When selecting nationally normed achievement tests for the statewide testing program, the State Board of Education shall endeavor to select tests with a sufficient number of items which may be utilized to evaluate student's higher order thinking skills. The items may be used for this purpose only if the test created from the items meets applicable criteria set forth in the American Psychological Association publication 'Standards for Educational and Psychological Testing'."
SECTION 14. The 1976 Code is amended by adding:
"Section 59-30-110. When test items for the tests prescribed by this chapter are revised, the State Board of Education shall include test items which may be utilized to evaluate students' higher order thinking skills."
SECTION 15. The 1976 Code is amended by adding:
"Section 59-29-182. The State Board of Education shall review the use of procedures to assess student achievement in higher order thinking and problem solving skills which are different from traditional achievement tests."
SECTION 16. The 1976 Code is amended by adding:
"Section 59-29-183. The State Department of Education shall develop or select in-service training programs for teachers and staff in teaching higher order thinking and problem solving as part of the existing curriculum. Upon funding for district implementation of the program by the General Assembly, the State Department of Education shall ensure that each school district implements teacher in-service training in higher order thinking and problem solving on a schedule to train all teachers and staff within five years."
SECTION 17. The 1976 Code is amended by adding:
"Section 59-29-220. The State Board of Education, in conjunction with the South Carolina Arts Commission, shall plan and develop discipline-based arts education curricula in the visual arts, music, dance, and drama which complies with the State Department of Education discipline based arts education curriculum framework. The State Board of Education shall cause the arts education curricula to be pilot-tested in selected school districts during 1989-90, 1990-91, 1991-92, and 1992-93 and shall provide teacher in-service training programs for arts specialists and classroom teachers.
After pilot testing, the State Board of Education shall establish regulations related to in-service training and curriculum development in cooperation with the Arts in Basic Curriculum Steering Committee and after consultation with the Select Committee. These regulations shall encourage innovation and flexibility and reflect the integrity of instruction required by each arts discipline. These regulations must be developed in cooperation with school and district-level teachers and administrators.
Funds for the program must be used by the school districts to:
(1) plan, develop, and implement discipline, based arts education curricula in the visual arts, music, dance, or drama compatible with the State Department of education discipline teased arts education curriculum framework;
(2) provide teacher in-service training programs for arts specialists or appropriate classroom teachers or both which are approved by the State Department of Education working with the State's colleges and universities;
(3) hire certified arts specialists or contract with professional artists approved by the South Carolina Arts Commission to assist certified arts specialists or appropriate classroom teachers or both in planning, developing, and implementing discipline-based arts education curricula.
The Joint Legislative Study Committee on Formula Funding shall review whether or not arts education should be given a weighting under the Education Finance Act, if appropriate, recommend a weighing, and report to the Select Committee by December 1, 1990. The General Assembly shall phase in the arts education program and funding for the arts education program after piloting over three years in substantially equal annual intervals.
SECTION 18. Chapter 18, Title 59 of the 1976 Code is amended by adding:
"Section 59-18-15. Notwithstanding any other provision of law, a school is given the flexibility of receiving exemptions from those regulations and statutory provisions governing the Defined Minimum Program, the Basic Skills Assessment Program, and the Remedial/Compensatory Program, provided that, during a three-year period, the following criteria are satisfied:
(1) the school has twice been a recipient of a school incentive grant pursuant to Section 59-18-10;
(2) the school has met annual NCE gain requirements for reading and mathematics compensatory programs pursuant to Section 59-5-65;
(3) the school has exhibited no recurring accreditation deficiencies; and
(4) the school has annually exhibited a school gain index value at or above the state average as computed in the school incentive grant program pursuant to Section 59-18-10.
Schools receiving flexibility status are released from those regulations and statutory provisions referred to above including, but not limited to, regulations and statutory provisions on class scheduling, class structure, and staffing. The State Board of Education in consultation with the Select Committee and the Business-Education Subcommittee must promulgate regulations and develop guidelines for providing this flexibility by December 1, 1989.
To continue to receive flexibility pursuant to this section, a school must annually exhibit a school gain index value at or above the state average as computed in the school incentive award program pursuant to Section 59-18-10 and must meet the NCE gains required for reading and mathematics compensatory education program pursuant to Section 59-5-65. A school which does not requalify for flexibility status due to extenuating circumstances may apply to the State Board of Education for an extension of this status for one year.
In the event that a school is removed from flexibility statue, the school is not subject to regulations and statutory provisions exempted under this section until the beginning of the school year following notification of the change in status by the State Department of Education. Subsequent monitoring by the State Department of Education in a school that is removed from flexibility status shall not include a review of program records exempted under this section for the period that the school has received flexibility status or for the school year during which the school was notified of its removal from flexibility status."
SECTION 19. Section 59-18-20 of the 1976 Code is amended to read:
"Section 59-18-20. (A) The State Board of Education, acting through the State Department of Education, shall establish a competive grant program whereby schools may be awarded grants to implement exemplary and innovative programs designed to improve instruction. These programs may include more effective utilization of substitute teachers at the individual school level.
(B) To encourage public schools to implement innovative and comprehensive approaches for improving student development, performance, and attendance, a competitive school innovation grants program is also established. Funds for the competitive school innovation grants program are as provided by the General Assembly in the annual general appropriation act. The State Board of Education, acting through the State Department of Education, must provide by regulation for this competitive grants program. All schools are eligible to apply for these grants.
A committee composed of members of the Business-Education Partnership for Excellence in Education and appointed by the chairman of the Business-Education Partnership shall recommend to the State Board of Education the criteria and guidelines to be used in evaluating each grant application. The criteria must include, but not be limited to, the involvement of teachers, parents, students, businesses, and school improvement councils in the development, application, and implementation of the grant proposal. Grant proposals which involve the greatest percentage of students and staff must receive priority consideration for funding. The State Department of Education and at least two members of the Business-Education Partnership, appointed by the chairman of the Partnership and representing the business community, must review all grant applications and must recommend to the State Board of Education grant recipients.
Each grant award for planning purposes cannot exceed five thousand dollars for each school. Each grant award for program implementation cannot exceed ninety thousand dollars over a three-year period. Grant awards may include funds for the purchase of technical assistance.
To qualify for an additional grant award beyond the initial three years, a school must exhibit a school gain index value at or above the state average as computed in the school incentive grant program pursuant to Section 59-18-10 at least once during the initial three year grant period.
The State Board of Education must give special consideration for wavers of regulations and reporting requirements to those schools receiving these grant awards.
Any unexpended balance of an appropriation for these school innovation grants on June thirtieth of a fiscal year must be carried forward and expended for the same purpose during the next fiscal year."
SECTION 20. The 1976 Code is amended by adding:
"Section 59-18-25. To provide support and training for teachers and principals in their efforts to design and implement innovative programs, the Commission on Higher Education, in consultation with the State Board of Education and the Select Committee, shall establish a 'Center for the Advancement of Teaching and School Leadership' at a selected public college or university. The center shall provide a program for school change consisting of intensive short term institutes for teams of teachers and administrators who are committed to creating innovative programs in their schools. Priority assistance must be given to schools which have received grants to implement innovative programs under Section 59-18-20. The program must be provided through the center working in conjunction with other colleges and universities in various regions of the State. School teams shall work with center staff and consultants to analyze the needs of the team's school and consider strategies to bring about meaningful change from within the school. School teams shall set goals and analyze their roles and responsibilities in the change process. An evaluation component must be developed for each school with input from the school team, the school district administration, center staff, and consultants in school effectiveness and change. After school teams return to their schools, the center and cooperating colleges and universities shall provide on-site support and expertise as needed by school teams. A portion of the funds for this program must be budgeted for on-site assistance to school teams by the center and cooperating colleges and universities."
SECTION 19. Section 69-18-20 of the 1976 Code is amended to read:
"Section 59-18-20. (A) The State Board of Education, acting through the State Department of Education, shall establish a competitive grant program whereby schools may be awarded grants to implement exemplary and innovative programs designed to improve instruction. These programs may include more effective utilization of substitute teachers at the individual school level.
(B) To encourage public schools to implement innovative and comprehensive approaches for improving student development, performance, and attendance, a competitive school innovation grants program is also established. Funds for the competitive school innovation grants program are as provided by the General Assembly in the annual general appropriation act. The State Board of Education, acting through the State Department of Education, must provide by regulation for this competitive grants program. All schools are eligible to apply for these grants.
A committee composed of members of the Business-Education Partnership for Excellence in Education and appointed by the chairman of the Business-Education Partnership shall recommend to the State Board of Education the criteria and guidelines to be used in evaluating each grant application. The criteria must include, but not be limited to, the involvement of teachers, parents, students, businesses, and school improvement councils in the development, application, and implementation of the grant proposal. Grant proposals which involve the greatest percentage of students and staff must receive priority consideration for funding. The State Department of Education and at least two members of the Business-Education Partnership, appointed by the chairman of the Partnership and representing the business community, must review all grant applications and must recommend to the State Board of Education grant recipients.
Each grant award for planning purposes cannot exceed five thousand dollars for each school. Each grant award for program implementation cannot exceed ninety thousand dollars over a three-year period. Grant awards may include funds for the purchase of technical assistance.
To qualify for an additional grant award beyond the initial three years, a school must exhibit a school gain index value at or above the state average as computed in the school incentive grant program pursuant to Section 59-18-10 at least once during the initial three-year grant period.
The State Board of Education must give special consideration for waivers of regulations and reporting requirements to those schools receiving these grant awards.
Any unexpended balance of an appropriation for these school innovation grants on June thirtieth of a fiscal Year must be carried forward and expended for the same purpose during the next fiscal year."
SECTION 20. The 1976 Code is amended by adding:
"Section 59-18-25. To provide support and training for teachers and principals in their efforts to design and implement innovative programs, the Commission on Higher Education, in consultation with the State Board of Education and the Select Committee, shall establish a 'Center for the Advancement of Teaching and School Leadership' at a selected public college or university. The center shall provide a program for school change consisting of intensive short term institutes for teams of teachers and administrators who are committed to creating innovative programs in their Schools. Priority assistance must be given to schools which have received grants to implement innovative programs under Section 59-18-20. The program must be provided through the center working in conjunction with other colleges and universities in various regions of the State. School teams shall work with center staff and consultants to analyze the needs of the team's school and consider strategies to bring about meaningful change from within the school. School teams shall set goals and analyze their roles and responsibilities in the change process. An evaluation component must be developed for each school with input from the school team, the school district administration, center staff, and consultants in school effectiveness and change. After school teams return to their schools, the center and cooperating colleges and universities shall provide on-site support and expertise as needed by school teams. A portion of the funds for this program must be budgeted for on-site assistance to school teams by the center and cooperating colleges and universities."
SECTION 21. The 1976 Code is amended by adding:
"Section 59-25-55. The South Carolina Center for Teacher Recruitment in cooperation with the Commission on Higher Education shall establish a program with the purpose of expanding the number of high achieving minority students entering teacher education programs. The program shall include, but not be limited to, identification of minority high school students who have an interest in teaching and recruitment of those students into the teacher cadet program, personal counseling of minority students in the teacher cadet program about high demand certification areas, and college opportunities."
SECTION 22. The 1976 Code is amended by adding:
"Section 59-18-31. By the 1993-1994 school year, the State Board of Education, in consultation with the Select Committee, shall develop additional criteria which must be used to evaluate the quality of education in the school districts. The additional criteria must include measures of higher order thinking skills and problem solving, when two annual statewide administrations of tests validated for this purpose have been accomplished."
SECTION 23. The 1976 Code is amended by adding:
"Section 59-18-11. By not later than the 1991-1992 school year, reduction in dropout rates or maintenance of low dropout rates must be included as an additional criterion in the school incentive reward program for rewarding secondary schools. By not later than the 1993-1994 school year, the criteria schools must meet to qualify for a school incentive award must include exceptional or improved performance in higher order thinking and problem solving, provided that two annual statewide administrations of tests validated for this purpose have been accomplished."
SECTION 24. Chapter 6, Title 59 of the 1976 Code is amended by adding:
"Section 59-6-15. (A) There is created the Business-Education Partnership for Excellence in Education and a permanent standing subcommittee of the Partnership for the purpose of reviewing the implementation of the South Carolina Education Improvement Act of 1984 and recommending other major education initiatives.
The Business-Education Partnership for Excellence in Education consists of the following persons:
( 1) Thirty-two prominent civic and business leaders of which fourteen are appointed by the Governor; six appointed by the State Superintendent of Education; three appointed by the Speaker of the House of Representatives; three appointed by the President of the Senate; three appointed by the Chairman of the Education and Public Works Committee of the House of Representatives; and three appointed by the Chairman of the Education Committee of the Senate;
( 2) Twenty educators of which eight are appointed by the State Superintendent of Education; four appointed by the Governor; two appointed by the Speaker of the House of Representatives; two appointed by the President of the Senate; two appointed by the Chairman of the Education and Public Works Committee of the House of Representatives; and two appointed by the Chairman of the Education Committee of the Senate;
( 3) Speaker of the House of Representatives or his designee;
( 4) Lieutenant Governor or his designee;
( 5) Chairman of the Education and Public Works Committee of the House of Representatives or his designee;
( 6) Chairman of the Education Committee of the Senate or his designee;
( 7) Chairman of the Ways and Means Committee of the House of Representatives or his designee;
( 8) Chairman of the Finance Committee of the Senate or his designee;
( 9) Chairman of the Committee on Children or his designee;
(10) Chairman of the Select Committee or his designee;
(11) Two legislators appointed by the Governor, one a member of the House of Representatives and one a member of the Senate; and
(12) The Governor and State Superintendent of Education shall serve as ex officio members.
The term of office of the members of the Business-Education Partnership must be four years except that of those first appointed an equal number must serve terms of two, three, and four years respectively as determined by lot. Except in those cases where the term of a member of the Business-Education Subcommittee has not expired, no member of the Business-Education Partnership may serve more than two consecutive terms. The number of appointments provided for in items (1) and (2) above must be reduced proportionately by the membership requirements of subsection (B) of this section.
The chairman of the Business-Education Partnership for Excellence in Education must be elected by the members of the Partnership and must be chosen from among the thirty-two business and civic leaders serving on the Partnership. The Business-Education Partnership must meet at the call of the chairman but not less than quarterly. The Governor must preside at all regular and special meetings of the Partnership in which he is in attendance; at those meetings at which the Governor is not in attendance the State Superintendent of Education must preside, and in the absence of the Superintendent, the chairman of the Partnership must preside.
The Partnership in conjunction with the State Department of Education may cause to be held statewide public forums for the purpose of fostering open discussions regarding the impact of the Education Improvement Act on the State's education system and education reform in general.
(B) The Business-Education Partnership must establish a permanent standing subcommittee called the Business-Education Subcommittee. The Subcommittee must be composed of twenty members of the Business-Education Partnership elected by the Business-Education Partnership.
The composition of the Subcommittee must be:
(1) Ten civic and business leaders;
(2) Six educators; and
(3) Four legislators.
The eighteen members serving on the Joint Business-Education Subcommittee must remain on the Business-Education Subcommittee as reconstituted on the effective date of this section. The term of office for members of the Business-Education Subcommittee must be six years except that of the initial members an equal number must serve terms of two, four, or six years respectively as determined by lot. The chairman of the Subcommittee is to be elected by the members of the Subcommittee and must be one of the ten civic and business leaders serving on the Subcommittee. Vacancies on the Subcommittee must be filled from the membership of the Business-Education Partnership by a majority vote of the members of the Partnership."
SECTION 25. Section 59-6-20 of the 1976 Code is amended to read:
"Section 59-6-20. The Governor and State Superintendent of Education shall reconvene, no less than annually, the Committee on Financing Excellence in Public Education and the Steering Committee of the Education-Business Partnership to review the implementation of the South Carolina Education Improvement Act of 1984 and consider improvements to the act.
The State Board of Education and State Superintendent of Education shall must establish within the State Department of Education a special unit at the division level called the Public Accountability Division. This special unit must be eliminated six years from the date of implementation of the Education Improvement Act on July 1, 1991. The unit head shall hold a position comparable to a Deputy, Superintendent and must be under the direct supervision of and shall report to the State Superintendent of Education.
The Deputy Superintendent shall must provide all reports to the Governor, Select Committee, joint subcommittee of the Committee on Financing Excellence in Public Education Business-Education Partnership for Excellence in Education Business-Education Subcommittee, and State Board of Education and respond to any inquiries for information.
The joint subcommittee and Steering Committee of the Education- Business Partnership Business-Education Subcommittee shall serve as a screening committee for the selection of the unit head. The screening committee shall recommend for consideration three applicants. Final selection of the unit head must be made by the State Superintendent of Education after consulting with the Governor. All other positions must be filled following current State Personnel and State Department of Education employment procedures.
The new unit is responsible for planning, monitoring, and reviewing programs developed under the Education Improvement Act and shall provide information, recommendations, and an annual assessment of the Education Improvement Act to the Governor, Select Committee, and joint subcommittee Business-Education Subcommittee.
The operating procedures for the new unit are the same as the operating procedures for the three established divisions in the State Department of Education. The joint subcommittee Business-Education Subcommittee shall review and approve all products produced by the new unit and make recommendations to the State Board of Education for final approval."
SECTION 26. Section 59-6-30 of the 1976 Code is amended to read:
"Section 59-6-30. The State Board of Education shall provide an assessment of the South Carolina Education Improvement Act of 1984 for consideration by the Business-Education Partnership Subcommittee; the Committee on Financing Excellence in Public Education, and the General Assembly. A special assessment shall be provided on March 1, 1985. Commencing in 1985, an annual assessment must be provided by December first of each year and an appropriate amount of funding must be provided for this purpose. The Business-Education Partnership Subcommittee and the Committee on Financing Excellence in Public Education shall provide a resort on the assessment to the Business-Education Partnership, and the Partnership shall submit their its recommendations to the General Assembly prior to January February first. The staff of the Business-Education Subcommittee shall serve as the primary staff to the Business-Education Partnership and may solicit the assistance of the staffs of the House Education and Public Works Committee, the Senate Education Committee, the Select Committee, the Public Accountability Division, and the Governor's Office."
SECTION 27. Section 59-24-50 of the 1976 Code is amended to read:
"Section 59-24-50. The South Carolina Department of Education's Leadership Academy shall develop, in cooperation with state supported institutions of higher education, new training programs and expand current training programs available to present and prospective school administrators with particular emphasis on effective instructional leadership. By January 1, 1990, these training programs must include an emphasis on effective instructional leadership as it pertains to school-based improvement, including instruction on the importance of school improvement councils and ways administrators may make school improvement councils an active force in school improvement. The training must be developed and conducted in collaboration with the School Council Assistance Project."
SECTION 28. Section 59-26-20 of the 1976 Code is amended by adding a new item to read:
"( ) Adopt program approval standards so that beginning with the 1991-92 school year, programs in a college or university in this State which lead to certification as administrative personnel, must include training in methods of making school improvement councils an active and effective force in improving schools."
SECTION 29. Section 59-20-60(3) of the 1976 Code is amended to read:
"(3) Each school district board of trustees shall cause each school in the district to prepare an annual written report to be known as the school improvement report. The reports shall focus on factors found by research to be effective in improving schools, such these factors to be prescribed by regulation of the State Board of Education. The State Board of Education shall prescribe the format of the reports and the manner in which they must be developed and submitted. Each school board of trustees shall establish an improvement council at each school in the district composed of at least two parents, elected by the parents of the children enrolled in the school; at least two teachers, elected by the faculty; at least two students in schools with grades nine and above elected by the students; other representatives of the community and persons elected by the principal; Provided, However, That the. The elected members of the council shall comprise at least a two-thirds majority of the membership of the council. The councils must be constituted in each school no later than January 1, 1978. Each council shall assist in the preparation of the annual school improvement report required in this section, shall assist with the development and monitoring of school improvement, shall provide advice on the use of school incentive grant awards, and shall provide such assistance as the principal may request as well as carrying out any other duties prescribed by the local school board. The local school board shall make provisions to allow any council to file a separate report to the local school board if the council considers it necessary. However, no council shall have any of the powers and duties reserved by law or regulation to the local school board. Notwithstanding any other provisions of this item, when an area vocational center establishes a local school improvement council, it shall must be composed as defined exclusively by federal law. The council shall perform all duties and responsibilities provided for in any state or federal law which applies to such these councils.
In order to provide additional accountability for funds expended under the Education Finance Act and the Education Improvement Act the elected members of the school improvement council shall serve a minimum term of two years. Parents of students or students in their last year of enrollment at an individual school may serve terms of one year only. The terms shall must be staggered and shall be determined by lot. Elections of members to school improvement councils shall occur no later than October fifteenth of the school year. Within thirty days following the election, the names and , addresses, terms of service, and status of all council members as a parent, teacher, student, or representative of the community shall must be forwarded to the State Department of Education for the purpose of sharing information. The district board of trustees shall include in its annual district report a summary of the training opportunities provided or to be provided for school improvement council members and professional educators in regard to council-related tasks and a summary of programs and activities involving parents and citizens in the school."
SECTION 30. The 1976 Code is amended by adding:
"Section 59-1-452. The Public School Employee Cost Savings Program is established for the purpose of making cash awards to individual school district employees for cost saving ideas which are proven to be workable. The program must be administered by the State Department of Education with the advice and assistance of a special committee to screen suggested ideas and recommend those with potential merit to be implemented and evaluated. The committee must be composed of:
(1) one member who is serving on a public school board, appointed by the State Board of Education upon the recommendation of the South Carolina School Boards Association;
(2) one member who is serving as a public school superintendent, or district financial administrator, appointed by the State Board of Education upon the recommendation of the South Carolina Association of School Administrators;
(3) one member who is serving as a public school principal, vocational center director, or school administrator, appointed by the State Board of Education;
(4) one public school teacher with a minimum of fifteen years service, appointed by the State Board of Education upon the recommendation of the South Carolina Education Association;
(5) one public school teacher with a minimum of fifteen years service, appointed by the State Board of Education upon the recommendation of the Palmetto State Teachers Association;
(6) two members appointed by the State Superintendent of Education; and
(7) five private sector business persons, who hold no public office, one appointed by the Governor, one appointed by Chairman of the Senate Finance Committee, one appointed by the Chairman of the House Ways and Means Committee, one appointed by the Chairman of the House Education and Public Works Committee and one appointed by the Chairman of the Senate Education Committee.
Committee members shall serve three-year terms except that of those initially appointed, four shall serve initial terms of one year, four shall serve initial terms of two years, and four shall serve initial terms of three years, these initial terms to be determined by lot at the first meeting of the committee. Members of the committee must not serve on the Education Improvement Act Select Committee, the Business-Education Partnership for Excellence in Education, or the Business-Education Subcommittee while serving on the committee created under this section. Committee members must attend at least eighty percent of the meetings of the committee in each fiscal year or be replaced. Vacancies must be filled in the manner of original appointment.
The State Board shall promulgate regulations and establish procedures to administer the program. The regulations shall limit individual cash awards to twenty-five percent of the cost savings for one fiscal year or five thousand dollars, whichever is less. No employee may receive an award for an idea which could have been implemented by the employee through his normal job duties. Employees of the State Department of Education may participate in the program.
The State Department of Education shall provide administrative support for the program. The State Board of Education shall waive or modify its regulations when appropriate and necessary to achieve cost savings.
The General Assembly shall provide funds to initiate and support the program. Two years after initial implementation of the program, the program must be self-supporting. It is the intent of the General Assembly that the funds appropriated for this program will then be used for assessing the impact of the programs developed under Target 2000."
SECTION 31. The 1976 Code is amended by adding:
"Section 59-6-16. The State Board of Education in consultation with the Business-Education Subcommittee shall appoint a leadership network of representatives from the private sector. The leadership network shall assist the State Board of Education Business-Education Partnership Program by: (1) promoting business-education partnerships, (2) evaluating business-education partnerships, (3) disseminating the benefits of business-education partnerships, and (4) formulating recommendations on goals and activities for the business-education partnership program. The leadership network shall meet at least quarterly and make regular reports to the Business-Education Subcommittee, State Board of Education, and Select Committee."
SECTION 32. Section 59-5-65 of the 1976 Code is amended by adding:
"(14) work with the leadership network established pursuant to Section 59-6-16."
SECTION 33. The 1976 Code is amended by adding:
"The State Department of Education is directed to develop guidelines to include career guidance as a part of the general guidance program in the schools of the State."
SECTION 34. Chapter 30, Title 59 of the 1978 Code is amended by adding:
"Section 59-30-15. (A) The State Board of Education shall provide testing arrangements for students with documented learning disabilities who take the exit examination provided for in Section 59-30-10 to minimize the effects of the learning disabilities on test performance.
(B) A documented learning disability in reading is evidenced only by special education placement, consistent with State Board of Education regulations, in a program for learning disabled students.
(C) The reading test may be administered orally to students who cannot read the test because of a documented learning disability if all of the following conditions are met:
(1) The decision to administer the test orally must be determined by the committee responsible for the preparation of the student's Individualized Education Program (IEP) as required by Public Law 94-142.
(2) The school district or other public agency responsible for the student's education maintains written documentation that pertinent parts of printed textbooks, tests, and other instructional materials used during daily instruction are normally presented orally rather than read by the student. Oral presentation may include, but is not limited to, audio cassettes, video cassettes, oral reading of tests by test administrators, or any combination of these approaches.
(3) The student's permanent record and any other school documents which contain exit examination scores must state clearly that the reading test was a measure of the student's ability to process information read to him and the obtained score is not a measure of ability to decode printed symbols. This statement must be expunged from the student's permanent record and other documents if the student subsequently takes and passes the test under standard conditions.
(D) The State Board of Education shall develop regulations which provide for appropriate methods of oral administration of the reading portion of the exit examination. Oral administrations may include, but are not limited to, audio cassettes, video cassettes, oral reading of the test by a test administrator, or any combination of these approaches. If the student qualifies for an oral administration of the reading test under the provisions of this section, the committee responsible for the preparation of the student's IEP shall select the moat appropriate method of administration from among those provided for in the regulations of the State Board of Education.
(E) The parents or legal guardians of a student with documented learning disabilities whose Individualized Education Program does not provide for oral administration of the reading portion of the exit exam may appeal that decision to the State Department of Education within thirty days of receipt of notification of the decision of the IEP Committee. The Department of Education shall within twenty days convene a hearing panel composed of five members, one of whom must be a certified psychologist or specialist in learning disabilities from the State Department of Education, one of whom must be a certified psychologist from the involved local school district, one of whom must be a certified psychologist from another local school district, one of whom must be a teacher of students with learning disabilities from the involved local school district, and one of whom must be an administrator of special education programs from another local school district. The hearing panel shall conduct its proceedings in the involved school district. Documentation of the need for the oral administration may be presented in writing or in person to the panel. The panel shall review the request for an oral administration of the exam and notify the parents or legal guardians and the student's school of their decision in writing within ten days of the hearing. The decision of the review panel is binding on all parties, subject to decisions through the due process procedures set forth in Public Law 94-142.
(F) Nothing in this section precludes the State Board of Education from issuing additional regulations or guidelines governing special testing arrangements."
SECTION 35. The 1976 Code is amended by adding:
"Section 59-1-453. For the purposes of this act, the Select Committee, as provided for in Section 59-6-10, shall serve as the oversight committee for the provisions of this act. The Select Committee shall oversee the planning, development and implementation of the provisions as contained in Target 2000 and shall monitor the expenditures of the funds appropriated. Each state agency and entity responsible for implementing Target 2000 funded programs must submit annually to the Select Committee programs and expenditure reports and budget requests in a manner prescribed by the Select Committee."
SECTION 36. The 1976 Code is amended by adding:
"The Business-Education Subcommittee in consultation with the Select Committee shall study requiring school attendance as a condition of licensing for the privilege of the operation of a motor vehicle and shall provide a report to the General Assembly by January 1, 1990."
SECTION 37. All costs of implementing the provisions of this act must be paid from funds appropriated for that purpose by the General Assembly. The programs of this act must be implemented to the extent possible using funds appropriated by the General Assembly, but no provision of this act is mandatory beyond the appropriation provided by the General Assembly. Nothing in this section prohibits local school districts from implementing programs similar to or as described in this act on the district's initiative.
SECTION 38. The State Board of Education shall contract with the Division of Human Resource Management of the Budget and Control Board to conduct a staffing analysis to determine the level of staffing and the position classifications and pay grades of additional staff required to implement the provisions of this act.
SECTION 39. The divisional headings and the analysis lines under each division heading are for information purposes only and are not part of the respective sections of this act.
SECTION 40. This act takes effect July 15, 1989./
Renumber sections to conform.
Amend title to conform.
/s/ Nikki G. Setzler /s/ David M. Beasley /s/ Glenn F. McConnell /s/ Joseph H. Nesbitt /s/ John C. Hayes, III /s/ Michael F. Jaskwhich On Part of the Senate. On the Part of the House.
Rep. BEASLEY explained the Free Conference Report.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Setzler, Hayes and McConnell of the Committee of Free Conference on the part of the Senate on S. 321:
S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 321:
S. 321 -- Senators Setzler, Nell W. Smith, Martschink, Rose, Mitchell, Macaulay, Giese, Lourie, Thomas, Mullinax and McGill: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-18-15 SO AS TO PROVIDE A PROCESS WHEREBY SCHOOLS CAN BE GIVEN THE FLEXIBILITY OF RECEIVING EXEMPTION FROM CERTAIN STATE REGULATIONS AND BY AMENDING SECTION 59-18-20 SO AS TO ESTABLISH A COMPETITIVE SCHOOLWIDE INNOVATION GRANTS PROGRAM.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3712 - Reps. Rhoad, Sheheen, Cork, Carnell, Felder, Whipper, T. Rogers, Smith, M.D. Burriss, Rama, Simpson, Farr, White, Stoddard, Fant, Mattos, Holt, G. Bailey, Manly, Fair, Blackwell, Corbett, Elliott, McKay, McLeod, McCain, K. Bailey, Hendricks, Wilder, McElveen, Foster, Washington, Mappus, Phillips, Littlejohn, Bennett, J.C. Johnson, J. Bailey, Baker, Snow, Bruce, Waldrop, D. Williams, Ferguson, Davenport, McLellan, J. Harris, Baxley, Quinn, Clyborne, Hearn, Jaskwhich, Keegan, Tucker, Barfield, Boan, Cole, Wells, L. Martin, Lanford, Altman, Lockemy, Waites and D. Martin: A BILL TO AMEND SECTION 50-11-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OPEN SEASON FOR ANTLERED DEER, SO AS TO PROVIDE FOR THE STATEWIDE OPEN SEASON FROM SEPTEMBER FIRST TO JANUARY FIRST.
Rep. RHOAD explained the Senate amendment.
The Senate Amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate returned to the House with amendments the following:
H. 3512 - Rep. Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-1-110 SO AS TO PROVIDE THAT BEFORE A COUNTY OR MUNICIPAL CORPORATION MAY ACCEPT A DEED TO A ROAD OR AGREE TO MAINTAIN A ROAD IT SHALL OBTAIN AN AFFIDAVIT FROM THE DONOR AND THE CONTRACTOR WHO CONSTRUCTED THE ROAD THAT ALL CONSTRUCTION COSTS HAVE BEEN PAID AND THAT THE ROAD IS FREE OF ALL ENCUMBRANCES, TO PROVIDE THAT A COUNTY COUNCIL MAY WAIVE THE AFFIDAVIT REQUIREMENT, TO PROVIDE PENALTIES FOR SUBMITTING A FALSE AFFIDAVIT, AND TO DEFINE "NEWLY-CONSTRUCTED ROAD."
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. LOCKEMY made a statement relative to his service in the House of Representatives as follows:
"Thank you Mr. Speaker, ladies and gentlemen of the House...This will be that last time that I will ever speak from this podium and I do appreciate your attention for just a couple of minutes. Just as each and everyone of you will someday do, it is now my time to go. And you know it was only about seven years ago that I was running for this Body, and I was outside, stopped at the corner of Main and Gervais, and I looked to the left and it was night, I was here to drill, and I saw the light on the dome, and I said silently a prayer to God, please let me get elected, and I really want to serve. He did and hopefully, I have served as best I can for my people and for the State. And that was seven years ago, when 25 new members came into the House, and believe it or not, when I leave, only 12 of those will be left. It was interesting when those new guys came in, people like Paul Short, Billy Boan, they weren't important people then. Robert Brown didn't wear a seat belt and didn't want me to either back then. Bill Cork didn't shout about smoking all the time until about a year later. Tom Rhoad would dance all night and have a headache all day the next day. And ya'll remember how we all were mesmerized, we were setting, when we first heard Mr. Blatt make a speech, and how we really were sitting on pine and needles hearing his speech, and how sad it was when he died. I know these years I haven't really championed those things that make the front pages all the time. I have tried to do what I can to fight for things that maybe all of the time is not on the front page of The State paper, but it has been in the Dillion Herald. Things like the elderly, the less fortunate. If ya'll remember, the first thing that I fought for was elderly people's social security and having 30 days to pay their power bill and fought the co-ops. I really thank Jean Toal because it was the first issue that I ever fought and she helped me win that issue. And the last one that I ever fought and championed was getting four prescriptions for the elderly and Medicaid recipients in our State and I'm happy to say that it is in this year's budget bill. I feel very glad to know that I'm going out on something like that. And in between that, there's been the EIA, social workers, remember that Mr. Speaker, doctors, rural hospitals, fire ants, DUI offenders, and of course, I can't forget The Alamo. I want ya'll to remember The Alamo and all of those South Carolinians who gave their lives for the expansion of our whole country, not just for one state. I leave you now and I'm more impressed with the efforts of this Body, more than when I first came. Like many of you, when I first campaigned, I thought about coming in and straightening everything out. And I got up here and I found that ya'll had things a lot straighter than I did, and doing a lot better job than I ever could. The public will never appreciate the hard work that you do up here and the concern that you have for the welfare of South Carolina. Carl Sandburg wrote in his works on Lincoln that lives flicker like the flames on a candle to burn slowly, but eventually the wax, which is the substance of life gives way and the flame goes out. In some way, I feel my legislative flame is now going out, but in other ways, I feel the thoughts and concerns that I have are not going out because I see leaders in this Body. I don't have to mention the Speaker, the Speaker Pro Tempore, new people like Joe McElveen, and those other ones that are really leading us, and I see you, Mike Baxley, o.k., I'll say you, too, that are leading us and new people, Rick Quinn, Toney Farr, and Ennis Fant, if he slows down on the highway, will someday be a leader and be positive for the future. And I truly regret leaving the best friend and deskmate anyone could ever have, George Bailey. But, remember one thing, like I said when I began these remarks, no one stays here forever and you won't stay here forever either. Make sure that when it is your time to come to this podium, if you get that opportunity, that you can look back and know that you made a difference for the good, and please know, that I didn't say make a difference, I said make a difference for the good and that's very important and a very big distinction. I go now to serve in the judicial branch of government. I've served in the Army, which is a part of the executive branch. I serve now in the legislative branch and now I go into the third branch. And I don't think many people have the opportunity to serve in all three branches and I look forward to. it. I'll strive to render justice and fairness for all, except to Dolly Cooper. But, I'll do my best. Although I leave legislative service and it may not be forever, but it will be for awhile, I do not and I shall not ever cease to serve the people, the state and the country that I love. God bless you and I wish you the best for the future, and goodbye."
Rep. ELLIOTT made a statement expressing the appreciation of the House to the staff in recognition of their dedication and hard work.
On motion of Rep. L. MARTIN the House stood at ease subject to the call of the Chair.
At 4:45 P.M. the House resumed, the SPEAKER in the Chair.
The following was received.
Columbia, S.C., June 1, 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. 428:
S. 428 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-235, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STRIPED BASS (ROCKFISH), SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY SET AND PUBLISH THE DAILY CREEL LIMITS AND SIZE LIMITS FOR STRIPED BASS AND BLACK BASS; TO AMEND SECTION 50-13-285, RELATING TO PENALTIES, SO AS TO PROVIDE THAT THE PENALTIES ASSESSED BY THE SECTION INCLUDE CONVICTIONS OF SECTION 50-13-235; AND TO REPEAL SECTIONS 50-13-220 AND 50-13-230 RELATING TO STRIPED BASS.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 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 H. 3602:
H. 3602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1988-89.
and has ordered the Joint Resolution Enrolled for Ratification.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3600:
H. 3600: General Appropriations Bill
Very Respectfully,
President
The following Free Conference Report on the following Bill was taken up.
H. 3600: The General Appropriations Bill.
Rep. McLELLAN moved to waive Rule 5.14.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. 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 Corning Davenport Derrick Elliott Faber Fair Fant Farr Felder Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harvin Harwell Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Winstead Wofford Wright
Those who voted in the negative are:
So, Rule 5.14 was waived.
The Free Conference Report was adopted and a message was ordered sent to the Senate accordingly.
The following was received from the Senate.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it insists upon its amendments to H. 3879:
H. 3879 -- Rep. Sheheen: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE LEGISLATIVE DEPARTMENT, SO AS TO REQUIRE MEMBERS OF THE HOUSE AND SENATE TO BE ELECTED FROM SINGLE-MEMBER ELECTION DISTRICTS, TO REQUIRE REAPPORTIONMENT OF THESE ELECTION DISTRICTS EVERY TEN YEARS, TO PROVIDE THAT THE AGE REQUIREMENTS OF SENATORS AND REPRESENTATIVES AS CONTAINED IN THE CONSTITUTION ARE AS OF THE TIME THEIR TERM OF OFFICE BEGINS, TO PROVIDE THAT THE MEMBERS OF THE GENERAL ASSEMBLY SHALL RECEIVE AN ANNUAL SALARY AND ALLOWANCES AS PRESCRIBED BY LAW AND THAT ADDITIONAL SALARY AND ALLOWANCES MAY BE PROVIDED FOR SPECIAL SESSIONS, TO PROVIDE THAT EACH HOUSE OF THE GENERAL ASSEMBLY SHALL NOT JUDGE THOSE QUALIFICATIONS OF ITS OWN MEMBERS WHICH ARE SET OUT IN THE CONSTITUTION, TO REVISE THE IMMUNITY OF THE MEMBERS OF THE GENERAL ASSEMBLY FROM CIVIL PROCESS OR CRIMINAL ARREST FOR CERTAIN OFFENSES DURING THEIR ATTENDANCE AT THE GENERAL ASSEMBLY, TO AUTHORIZE EITHER HOUSE TO PROVIDE BY RULE FOR THE SECOND READING OF BILLS AND JOINT RESOLUTIONS "VIVA VOCE" OR BY DISTRIBUTION OF PRINTED COPIES THEREOF TO EACH MEMBER, TO REQUIRE A ROLL CALL VOTE IN ALL ELECTIONS BY THE GENERAL ASSEMBLY OR EITHER HOUSE THEREOF EXCEPT UPON UNANIMOUS CONSENT TO DISPENSE WITH THE ROLL CALL, TO REQUIRE THE PROCEEDINGS OF EACH HOUSE TO BE PUBLIC EXCEPT WHEN TWO-THIRDS OF THE MEMBERS PRESENT IN EITHER HOUSE VOTE TO HAVE A CLOSED SESSION, TO PROVIDE THAT ANY VACANCY IN THE GENERAL ASSEMBLY WHERE THE UNEXPIRED TERM IS LESS THAN ONE YEAR MAY BE FILLED AS PROVIDED BY GENERAL LAW, TO DELETE LANGUAGE PROHIBITING THE MARRIAGE OF PERSONS OF A CERTAIN RACE AND LANGUAGE RELATING TO UNMARRIED WOMEN UNDER A CERTAIN AGE CONSENTING TO SEXUAL INTERCOURSE, AND TO PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE FOR THE CODIFICATION OF THE LAWS OF THIS STATE AND FOR KEEPING THE CODIFICATION UP TO DATE.
and asks for a Committee of Conference and has appointed Senators Holland, Moore and McConnell of the Committee of Conference on the part of the Senate.
Very respectfully,
President
Whereupon, the Chair appointed Reps. WILKINS, J. ROGERS, and McELVEEN to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Williams, McConnell and Moore of the Committee of Free Conference on the part of the Senate on S. 826:
S. 826 -- Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 1989, AT 5:00 P M THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, 13, 14, 15, AND 16, 1989, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 16, 1989, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 19, 1989, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 19, 1989, AND ON SUBSEQUENT DAYS THEREAFTER UNTIL IT SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on S. 826:
S. 826 -- Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 1989, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, 13, 14, 15, AND 16, 1989, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 16, 1989, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 19, 1989, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 19, 1989, AND ON SUBSEQUENT DAYS THEREAFTER UNTIL IT SHALL STAND ADJOURNED SINE DIE.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 3600 having been adopted by both Houses:
H. 3600: General Appropriations Bill.
has ordered the Bill Enrolled for Ratification.
Very Respectfully,
President
Received as information.
The following was received.
Columbia, S.C., June 1, 1989
Mr. Speaker and Members of the House:
The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 12:00 Noon Friday for the purpose of Ratifying Acts.
Very respectfully,
President
Received as information.
Rep. J. ROGERS moved that the Committee of Conference on the following Concurrent Resolution be resolved into a Committee of Free Conference and briefly explained the Conference Committee's reasons for this request.
S. 826 - Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 1989, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, 13, 14, 15, AND 16, 1989, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 16, 1989, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 19, 1989, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 19, 1989, AND ON SUBSEQUENT DAYS THEREAFTER UNTIL IT SHALL STAND ADJOURNED SINE DIE.
The yeas and nays were taken resulting as follows:
Those who voted in the affirmative:
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 Corning Davenport Derrick Elliott Faber Fair Fant Felder Foster Gentry Glover Gregory Hallman Harris, J. Harris, P. Harwell Haskins Hayes Hearn Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Lockemy Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkins Williams, J. Winstead Wofford Wright
Those who voted in the negative are:
Farr
So, the motion to resolve the Committee of Conference into a Committee of Free Conference was agreed to.
The Committee of Conference was thereby resolved into a Committee of Free Conference, the SPEAKER appointed Reps. J. ROGERS, WILKINS and McELVEEN to the Committee of Free Conference and a message was ordered sent to the Senate accordingly.
The following was received.
The General Assembly, Columbia, S.C., June 1, 1989
The COMMITTEE OF FREE CONFERENCE, to whom was referred:
S. 826 -. Senators Williams, Waddell, Lindsay and Martin: A CONCURRENT RESOLUTION TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON THURSDAY, JUNE 1, 1989, AT 5:00 P.M. THEY SHALL STAND ADJOURNED TO MEET AT 10:00 A.M. ON JUNE 6, 7, 8, 9, 13, 14, 15, AND 16, 1989, FOR CONSIDERATION OF LOCAL AND UNCONTESTED MATTERS HAVING UNANIMOUS CONSENT OF THE MEMBERS OF AFFECTED DELEGATIONS AND FOR THE CONSIDERATION OF CONGRATULATORY OR SYMPATHY RESOLUTIONS AND TO PROVIDE THAT WHEN THE RESPECTIVE HOUSES OF THE GENERAL ASSEMBLY ADJOURN ON FRIDAY, JUNE 16, 1989, THEY SHALL STAND ADJOURNED TO MEET IN REGULAR STATEWIDE SESSION AT 11:30 A.M. ON MONDAY, JUNE 19, 1989, TO PROVIDE FOR THOSE ITEMS OF LEGISLATIVE BUSINESS IN ORDER ON JUNE 19, 1989, AND TO PROVIDE THAT IT SHALL STAND ADJOURNED SINE DIE ON THURSDAY, JUNE 22, 1989 AT 5:00 P.M.
Beg leave to report that they have duly and carefully considered the same and recommend:
That the same do pass with the following amendments:
Amend the resolution, as and if amended, by striking all after the resolving words and inserting therein:
/That the mandatory sine die adjournment date for the General Assembly prescribed in Section 2-1-180 of the 1976 Code is extended, as authorized by that Code section, to permit the General Assembly to continue in session under the following terms and conditions:
(1) When the respective Houses adjourn on Thursday, June 1, 1989, at 5:00 p.m., they shall stand adjourned to meet at 10:00 a.m. on June 6, 7, 8, 9, 13, 14, 15, and 16, 1989, for consideration of local uncontested matters which have unanimous consent of the members of the delegation affected by the legislation, and for consideration of resolutions expressing sympathy or congratulations. However, during this local session, the respective houses may meet on Friday, June 2, 1989, only for the purpose of ratification H. 3600 (General Appropriations Act) and other Acts enrolled for ratification.
(2) When the respective Houses of the General Assembly adjourn on June 16, 1989, they shall stand adjourned to meet in regular statewide session at 11:30 a.m. on Monday, June 19, 1989, and may continue in session daily for the consideration of:
(a) gubernatorial vetoes;
(b) receipt and confirmation of appointments;
(c) appointment of conference and free conference committees;
(d) conference and free conference reports;
(e) ratification of acts;
(f) local matters if the affected delegation is unanimous;
(g) elections previously set by the General Assembly;
(h) joint resolutions proposing amendments to the Constitution of South Carolina;
(i) S. 699, relating to the Patriot's Point Development Authority, and S. 522, relating to regional transportation authorities;
(j) a resolution authorizing an earlier date and/or time for sine die adjournment; and
(k) bills granting authority to the Secretary of State to restore charters.
However, the presiding officers of the respective houses may, between June 1, 1989, and June 19, 1989, call their respective houses into session only for the consideration of matters provided for in items (a) through (k) in paragraph 2 of this resolution. The provisions of this resolution are deemed to be in compliance with the requirements of Article III, Section 21 of the South Carolina Constitution. When the General Assembly adjourns on Thursday, June 22, 1989, no later than 5:00 p.m., and it may stay in session no later than 5:00 p.m., it shall stand adjourned sine die./
Amend title to conform.
/s/Marshall B. Williams /s/ John I. Rogers /s/Thomas L. Moore /s/ David H. Wilkins /s/Glenn F. McConnell /s/ Joseph T. McElveen, Jr. On Part of the Senate. On Part of the House.
Rep. J. ROGERS explained the Free Conference Report.
The Free Conference Report was adopted unanimously and a message was ordered sent to the Senate accordingly.
The Senate returned to the House with concurrence the following:
H. 4137 - Charleston Delegation: A CONCURRENT RESOLUTION COMMENDING THE ARCHITECTURAL FIRM OF CLARK AND MENEFEE OF CHARLESTON FOR THE RECOGNITION AND NATIONAL ACCLAIM THE FIRM HAS RECEIVED FOR ITS SUPERB WORK.
H. 4138 -- Rep. Harvin: A CONCURRENT RESOLUTION COMMENDING THE REVEREND CARNELL HAMPTON FOR HIS OUTSTANDING WORK AS PRESIDENT OF THE SOUTH CAROLINA CHRISTIAN ACTION COUNCIL.
H. 4143 -- Reps. Rudnick, Koon, Klapman, M.O. Alexander, T.C. Alexander, Altman, G. Bailey, J. Bailey, K. Bailey, Baker, Barber, Barfield, Baxley, Beasley, Bennett, Blackwell, Blanding, Boan, G. Brown, H. Brown, J. Brown, R. Brown, Bruce, Burch, M.D. Burriss, T.M. Burriss, Carnell, Chamblee, Clyborne, Cole, Cooper, Corbett, Cork, Corning, Davenport, Derrick, Elliott, Faber, Fair, Fant, Farr, Felder, Ferguson, Foster, Gentry, Glover, Gordon, Gregory, Hallman, J. Harris, P. Harris, Harvin, Harwell, Haskins, Hayes, Hearn, Hendricks, Hodges, Holt, Huff, Jaskwhich, J.C. Johnson, J.W. Johnson, Kay, Keegan, Keesley, Keyserling, Kirsh, Kohn, Lanford, Limehouse, Littlejohn, Lockemy, Manly, Mappus, D. Martin, L. Martin, Mattos, McAbee, McBride, McCain, McEachin, McElveen, McGinnis, McKay, McLellan, McLeod, McTeer, Moss, Neilson, Nesbitt, Nettles, Phillips, Quinn, Rama, Rhoad, J. Rogers, T. Rogers, Sharpe, Sheheen, Short, Simpson, Smith, Snow, Stoddard, Sturkie, Taylor, Townsend, Tucker, Vaughn, Waites, Waldrop, Washington, Wells, Whipper, White, Wilder, Wilkes, Wilkins, D. Williams, J. Williams, Winstead, Wofford and Wright: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF L.D. GAUSE OF LEXINGTON COUNTY, HUSBAND OF LOUISE GAUSE, WHO DIED ON MAY 6, 1989.
At 5:00 P.M. the House in accordance with S. 826, (Sine Die Adjournment Resolution), adjourned to meet at 11:45 A.M. Friday, June 2.
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