Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
Eternal God, Giver of every good and perfect gift, we pray that the inner quality of our hearts and the outer conduct of our lives may match the high challenge of the tasks committed to us. Direct our steps, guard us from evil, and support us in all wise decisions. Make strong our efforts this day that we may meet its demands with courage, its blessings with gratitude, its difficulties with a faith no darkness can diminish. Aware of Your prevading presence, may we move forward in the confidence expressed by the Psalmist: "The Lord is my Light and my Salvation; the Lord is the Strength of my life; of whom shall I be afraid?" (Psalm 27:1)
Help us as we pray in our Master's Name. 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 Report of the Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse was received.
The report will be printed in the Senate Journal on Friday, January 19, 1990.
The Report of the Joint Legislative Committee on Tourism and Trade was received.
The report will be printed in the House Journal on Friday, January 19, 1990.
On motion of Rep. McABEE, with unanimous consent, fifty extra copies of the Report were ordered printed.
Document No. 1039
Promulgated By Department of Health and Environmental Control
61-68 Water Classifications and Standards
61-69 Classified Waters
Referred to House Committee on Agriculture and Natural Resources
Resubmitted January 17, 1990
Revised expiration date: February 6, 1990
The following was received.
Columbia, S.C., January 16, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the vote whereby it concurred in the amendments proposed by the House to S. 567:
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.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., January 16, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Reappointment, Master-in-Equity, Aiken County, with term to expire June 30, 1995:
Robert A. Smoak, Jr., Post Office Box 1397, Aiken, S.C. 29802
Very respectfully,
President
No. 010
Received as information.
The following was received.
Columbia, S.C., January 18, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Appointment, Master-in-Equity, Richland County, with term to expire June 30, 1991:
Joseph M. Strickland, 4224 Wentworth Drive, Columbia, S.C. VICE James C. Harrison (resigned)
Very respectfully,
President
No. 011
Received as information.
The following was received.
Columbia, S.C., January 18, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has confirmed the Governor's appointment of:
Reappointment, Master-in-Equity, Lee County, with term to expire December 31, 1995:
George M. Stuckey, Jr., Box 568, Bishopville, S.C. 29010
Very respectfully,
President
No. 012
Received as information.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
S. 1069 -- Senators Holland, Hayes, Lee and Long: A CONCURRENT RESOLUTION TO FIX TUESDAY, FEBRUARY 13, 1990, AT 12:30 P.M. AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE WHOSE TERMS EXPIRE IN 1990.
On motion of Rep. BLANDING, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
S. 1069 -- Senators Holland, Hayes, Lee and Long: A CONCURRENT RESOLUTION TO FIX TUESDAY, FEBRUARY 13, 1990, AT 12:30 P.M. AS THE TIME FOR ELECTING SUCCESSORS TO THE MEMBERS OF THE SOUTH CAROLINA PUBLIC SERVICE COMMISSION FROM THE FIRST, SECOND, THIRD, FOURTH, FIFTH, AND SIXTH CONGRESSIONAL DISTRICTS AND THE STATE AT LARGE WHOSE TERMS EXPIRE IN 1990.
Be it resolved by the Senate, the House of Representatives concurring:
That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, February 13, 1990, at 12:30 p.m. for the purpose of electing successors to the members of the South Carolina Public Service Commission from the first, second, third, fourth, fifth, and sixth Congressional districts and the state at large whose terms expire in 1990.
Be it further resolved that any candidate receiving a majority of the votes cast in any election must be declared to be the winner of that election if a quorum is present whether or not a majority of the members of the combined houses vote. A majority of the votes cast is defined as fifty percent of the legal number of votes cast plus any fraction of a whole number in excess of fifty percent of the legal number of votes cast.
Reps. BLANDING, HUFF, WILKES and QUINN proposed the following Amendment No. 1 (Doc. No. 0432o), which was adopted.
Amend the resolution, as and if amended, by striking all after the resolving words and inserting:
/That the Senate and the House of Representatives meet in joint assembly in the Hall of the House of Representatives on Tuesday, February 13, 1990, at 12:30 p.m. for the purpose of electing successors to the members of the South Carolina Public Service Commission from the first, second, third, fourth, fifth, and sixth Congressional districts and the state at large whose terms expire in 1990.
Be it further resolved that any candidate receiving a majority of the votes cast in any election must be declared to be the winner of that election if a quorum is present whether or not a majority of the members of the combined houses vote. A majority of the votes cast is defined as fifty percent of the legal number of votes cast plus any fraction of a whole number in excess of fifty percent of the legal number of votes cast./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered sent to the Senate.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 3700 -- Reps. Felder, R. Brown, G. Bailey, Nettles, Altman and Baxley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-57-270 SO AS TO DECLARE THAT ALL PSYCHOLOGICAL IMPACTS OR STIGMAS WHICH ARE ASSOCIATED WITH REAL PROPERTY ARE NOT MATERIAL FACTS AND NEED NOT BE DISCLOSED TO A POTENTIAL PURCHASER OR LESSEE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4037 -- Rep. Keyserling: A BILL TO AMEND SECTION 56-5-710, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF LOCAL AUTHORITIES WITH RESPECT TO STREETS AND HIGHWAYS UNDER THEIR JURISDICTION, SO AS TO AUTHORIZE THESE LOCAL AUTHORITIES TO REGULATE OR PROHIBIT THE USE OF SKATEBOARDS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 551 -- Senator Long: A BILL TO AMEND SECTION 6-7-730, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ZONING REGULATIONS OR MAPS, SO AS TO PROVIDE THAT THE PLANNING COMMISSION SHALL HAVE FORTY-FIVE DAYS WITHIN WHICH TO SUBMIT ITS REPORT TO THE GOVERNING AUTHORITY AND FAILURE TO SUBMIT SUCH REPORT WITHIN THE FORTY-FIVE DAY PERIOD SHALL BE DEEMED AS APPROVAL OF THE CHANGE OR DEPARTURE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 233 -- Senators Leventis and Leatherman: A BILL TO AMEND TITLE 29, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MORTGAGES AND OTHER LIENS, BY ADDING CHAPTER 6 SO AS TO PROVIDE FOR TIMELY PAYMENTS TO CONTRACTORS, SUBCONTRACTORS, AND SUPPLIERS AND TO PROVIDE FOR INTEREST ON LATE PAYMENTS.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4199 -- Rep. Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-41-35 SO AS TO PROVIDE THAT NO INDIVIDUAL MAY EXEMPT FROM THE PROPERTY OF THE ESTATE IN ANY BANKRUPTCY PROCEEDING THE PROPERTY SPECIFIED IN SECTION 522(d) OF THE BANKRUPTCY REFORM ACT (PUBLIC LAW 95-598) EXCEPT AS MAY BE EXPRESSLY PERMITTED BY THE LAWS OF THIS STATE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4205 -- Rep. Wilkins: A BILL TO AMEND SECTION 42-17-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONCLUSIVENESS OF AN AWARD UNDER THE WORKERS' COMPENSATION LAW, APPEAL, AND PAYMENT OF COMPENSATION DURING APPEAL, SO AS TO REQUIRE THAT A NOTICE OF APPEAL MUST STATE THE GROUNDS OF THE APPEAL OR THE ALLEGED ERRORS OF LAW.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3132 -- Rep. Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-1-1625 SO AS TO PROVIDE THAT A RETIREE UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM MAY NOMINATE MORE THAN ONE BENEFICIARY TO TAKE A RETIREMENT ALLOWANCE AS PROVIDED BY SECTION 9-1-1620.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3773 -- Reps. Waldrop, Kirsh, McAbee, Carnell, P. Harris, Felder, McKay, Blanding, Blackwell, Boan, Elliott, Gordon, J. Harris, McCain, Washington, Winstead, T.C. Alexander, Altman, G. Bailey, Barfield, Baxley, Bennett, J. Brown, R. Brown, Burch, M.D. Burriss, Chamblee, Cole, Cooper, Davenport, Fair, Fant, Ferguson, Gentry, Glover, Gregory, Hallman, Harvin, Harwell, Haskins, Hearn, Hendricks, Huff, Jaskwhich, J.C. Johnson, Kay, Keegan, Keesley, Kohn, Koon, Lanford, Lockemy, Manly, Mappus, McEachin, McGinnis, Moss, Neilson, Nettles, Phillips, Quinn, Rama, Rhoad, Rudnick, Sharpe, Snow, Stoddard, Taylor, Townsend, Tucker, Wells, Whipper, Wilder, Wilkins, D. Williams, J. Williams, Wright, Nesbitt, Sturkie, Baker and Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-31-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY AUDITORS; BY ADDING SECTION 12-45-15 SO AS TO PROVIDE FOR THE QUALIFICATIONS OF AND CONTINUING EDUCATION REQUIREMENTS FOR COUNTY TREASURERS; AND TO AMEND TITLE 12, RELATING TO TAXATION BY ADDING CHAPTER 40, SO AS TO PROVIDE FOR A UNIFORM CLASSIFICATION SYSTEM FOR THE COMPENSATION OF COUNTY AUDITORS AND TREASURERS, AND FOR OTHER MATTERS RELATING TO THEIR DUTIES, COMPENSATION, AND BENEFITS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 3989 -- Rep. Kirsh: A BILL TO AMEND SECTION 6-5-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENTS BY POLITICAL SUBDIVISIONS, SO AS TO ALLOW INVESTMENTS IN INVESTMENT COMPANIES OR INVESTMENT TRUSTS WHOSE PORTFOLIOS CONSIST SOLELY OF GOVERNMENT SECURITIES; AND TO AMEND SECTION 12-45-220, RELATING TO INVESTMENTS BY COUNTY TREASURERS, SO AS TO CONFORM THE LIST OF ALLOWED INVESTMENTS TO THOSE ALLOWED FOR POLITICAL SUBDIVISIONS INCLUDING THE ADDITIONAL ALLOWED INVESTMENTS FOR POLITICAL SUBDIVISIONS AUTHORIZED BY THIS ACT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4399 -- Reps. Holt, Winstead, Washington, Whipper, D. Martin, Barber, J. Bailey, Mappus, Keyserling, G. Bailey, Davenport, Elliott, Stoddard, Harvin, Bennett, Huff, Smith, K. Bailey, McAbee, White, Rudnick, Burch, P. Harris, Tucker, T.M. Burriss, Corning, McBride, J. Harris, Faber, Waites, Wilkes, Jaskwhich, J.W. Johnson and Neilson: A CONCURRENT RESOLUTION REQUESTING THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME THE ISLE OF PALMS CONNECTOR BETWEEN THE ISLE OF PALMS AND HIGHWAY 17 IN CHARLESTON COUNTY IN HONOR OF CLYDE MOULTRIE DANGERFIELD, FORMER CHAIRMAN OF THE LABOR, COMMERCE AND INDUSTRY COMMITTEE OF THE HOUSE OF REPRESENTATIVES AND DISTINGUISHED MEMBER OF THE GENERAL ASSEMBLY FOR MORE THAN THIRTY-FIVE YEARS.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4400 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. FOSTENIA LEWIS OF ANDERSON WHO DIED JANUARY 13, 1990.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1083 -- Senator Land: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS AND BEST WISHES OF THE MEMBERS OF THE GENERAL ASSEMBLY TO MR. AND MRS. MYER WHACK OF CLARENDON COUNTY ON THEIR FIFTIETH WEDDING ANNIVERSARY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1084 -- Senator Hayes: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF DR. JAMES CARLISLE HOLLER OF ROCK HILL IN YORK COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1085 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE NELSON WELCH, THE VERSATILE AND ACCOMPLISHED SENIOR FOOTBALL PLAYER FOR THE GREER HIGH SCHOOL YELLOW JACKETS FOR HIS MANY ACCOMPLISHMENTS BOTH ON AND OFF THE FOOTBALL FIELD, TO RECOGNIZE HIS NUMEROUS FOOTBALL ACCOLADES INCLUDING HIS SELECTION TO THE ASSOCIATED PRESS FIRST TEAM ALL-STATE HIGH SCHOOL FOOTBALL TEAM, THE GREENVILLE NEWS TENTH ANNUAL ALL-STATE TEAM, THE DIXIE DOZEN FOOTBALL TEAM, THE NORTH-SOUTH ALL STAR TEAM AND THE SHRINE BOWL TEAM, TO COMMEND HIM FOR BEING NAMED SOUTH CAROLINA PLAYER OF THE YEAR BY THE ASSOCIATED PRESS AND THE GREENVILLE PIEDMONT NEWS FOR GREENVILLE COUNTY, AND TO CONGRATULATE HIM FOR HIS ACADEMIC SUCCESS THROUGHOUT HIS HIGH SCHOOL CAREER.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1086 -- Senator J. Verne Smith: A CONCURRENT RESOLUTION TO CONGRATULATE STUART HOLCOMBE, HEAD COACH OF THE SOUTH CAROLINA CLASS 3-A STATE CHAMPION GREER HIGH SCHOOL YELLOW JACKETS FOOTBALL TEAM, FOR BEING ELECTED BY SPORTSWRITERS AS THE ASSOCIATED PRESS HIGH SCHOOL FOOTBALL COACH OF THE YEAR, AND FOR BEING SELECTED BY HIS FELLOW COACHES AS THE SOUTH CAROLINA COACH OF THE YEAR, AND TO COMMEND HIM ON HIS 30-9 RECORD AS HEAD COACH OF THE GREER YELLOW JACKETS.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1087 -- Senators J. Verne Smith, Mitchell, Stilwell, Thomas and Bryan: A CONCURRENT RESOLUTION TO CONGRATULATE THE GREER YELLOW JACKETS HIGH SCHOOL FOOTBALL TEAM UPON WINNING THE SOUTH CAROLINA CLASS 3-A STATE CHAMPIONSHIP FOR THE 1989 HIGH SCHOOL FOOTBALL SEASON BY DEFEATING A TOUGH AIKEN HORNETS FOOTBALL TEAM IN THE TITLE GAME PLAYED IN DECEMBER, 1989, AT IRMO HIGH SCHOOL STADIUM, TO COMMEND THE TEAM AND ITS COACHES FOR BEING THE FIRST HIGH SCHOOL FOOTBALL TEAM IN SOUTH CAROLINA HISTORY TO WIN FIFTEEN GAMES IN A SINGLE SEASON, AND TO RECOGNIZE THE DEDICATION, HARD WORK, AND TEAM SPIRIT OF THE PLAYERS, COACHES, STAFF, PARENTS AND FANS WHO WERE AN INTEGRAL PART OF THE SUCCESS OF THE FOOTBALL TEAM.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1107 -- Senator Courson: A CONCURRENT RESOLUTION TO COMMEND JACK C. HANNA OF THE SOUTH CAROLINA BAR ASSOCIATION FOR HIS EXCELLENT SUPPORT OF AND ASSISTANCE TO THE UNITED STATES CONSTITUTION BICENTENNIAL COMMISSION OF SOUTH CAROLINA DURING THE CONSTITUTION BICENTENNIAL ERA.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4401 -- Rep. Washington: A BILL TO PROVIDE THAT THE MEMBERS OF THE BOARD OF TRUSTEES OF THE SEVERAL SCHOOL DISTRICTS OF THIS STATE, WHO ARE NOT POPULARLY ELECTED, MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD IN THE MANNER STIPULATED BY THE PROVISIONS OF THIS ACT.
Referred to Committee on Education and Public Works.
H. 4402 -- Rep. Washington: A BILL TO PROVIDE FOR ALTERNATE PLANS FOR LOCAL SCHOOL DISTRICT GOVERNANCE; TO DEFINE THE RESPONSIBILITIES OF LOCAL SCHOOL BOARDS; AND TO PROVIDE FOR MATTERS RELATED THERETO, INCLUDING LIMITED FISCAL INDEPENDENCE FOR THESE BOARDS UNDER CERTAIN CONDITIONS.
Referred to Committee on Education and Public Works.
H. 4403 -- Rep. Smith: A BILL TO AMEND SECTION 23-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS, SO AS TO CHANGE THE AGE LIMIT FOR "MISSING CHILD" AND "MISSING PERSON" FROM EIGHTEEN TO SEVENTEEN YEARS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4404 -- Reps. Hayes, Felder, Kirsh and Nesbitt: A BILL TO AMEND ARTICLE 13, CHAPTER 13, TITLE 47, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUINE INFECTIOUS ANEMIA, SO AS TO DEFINE "QUARANTINE" AND "ISOLATION", TO AUTHORIZE THE STATE VETERINARIAN AND THE LIVESTOCK-POULTRY HEALTH SERVICE OF CLEMSON UNIVERSITY TO DEVELOP AND INSTITUTE PROGRAMS TO PROVIDE FOR THE CONTROL OF EQUINE INFECTIOUS ANEMIA, TO DELETE PROVISIONS PROVIDING FOR THE QUARANTINE OF HORSES WHICH HAVE BEEN EXPOSED TO EQUINE INFECTIOUS ANEMIA, TO PROVIDE FOR THE DISPOSITION OF REACTOR EQUINE, AND TO DELETE PROVISIONS AUTHORIZING HORSES ASSEMBLED AND CONSIGNED TO A DESTINATION OUTSIDE OF THE STATE TO BE MOVED ON WRITTEN PERMIT FROM THE STATE VETERINARIAN WITHOUT A TEST FOR EQUINE INFECTIOUS ANEMIA AND DELETE PROVISIONS RELATING TO THE RESPONSIBILITY FOR PROVING NEGATIVE RESULTS TO AN APPROVED TEST FOR EQUINE INFECTIOUS ANEMIA BY CERTAIN PERSONS RESPONSIBLE FOR THE ASSEMBLY OF HORSES.
Referred to Committee on Agriculture and Natural Resources.
H. 4405 -- Rep. J. Bailey: A BILL TO AMEND SECTION 15-35-520, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENTRIES IN ABSTRACTS OF JUDGMENTS, SO AS TO INCLUDE THE SOCIAL SECURITY NUMBER AND LAST KNOWN ADDRESS OF THE PARTY AGAINST WHOM JUDGMENT IS ENTERED; TO AMEND SECTION 15-35-540, RELATING TO THE DOCKETING OF TRANSCRIPTS WITH OTHER CLERKS OF COURT, SO AS TO INCLUDE THE SOCIAL SECURITY NUMBER AND LAST KNOWN ADDRESS OF THE PARTY AGAINST WHOM JUDGMENT IS ENTERED; AND TO AMEND SECTION 14-17-540, RELATING TO BOOKS, CALENDARS, AND RECORDS KEPT BY THE CLERKS, SO AS TO INCLUDE THE SOCIAL SECURITY NUMBER AND LAST KNOWN ADDRESS OF THE PARTY AGAINST WHOM JUDGMENT IS ENTERED.
Referred to Committee on Judiciary.
H. 4406 -- Rep. J. Bailey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-238 SO AS TO EXEMPT FROM STATE INCOME TAX RESIDENT INDIVIDUALS WHO HAVE ATTAINED THE AGE OF SIXTY-FIVE YEARS, TO PHASE IN THE EXEMPTION OVER FIVE YEARS, TO PROVIDE FOR ALLOCATION OF INCOME BETWEEN CERTAIN SPOUSES FOR PURPOSES OF THE EXEMPTION, AND TO PROVIDE THAT THE SOUTH CAROLINA TAX COMMISSION SHALL PRESCRIBE THE METHOD OF ALLOCATION.
Referred to Committee on Ways and Means.
H. 4407 -- Reps. Boan, Kirsh and McLellan: A JOINT RESOLUTION TO PROVIDE THAT THE TIME FOR FILING APPLICATIONS FOR PROPERTY TAX EXEMPTION REQUIRED BY SECTION 12-3-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, FOR THE 1988 AND 1989 TAXABLE YEARS IS EXTENDED UNTIL JULY 1, 1990.
Referred to Committee on Ways and Means.
H. 4408 -- Reps. Chamblee, Townsend and Cooper: A BILL TO AMEND SECTION 56-3-3310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL MOTOR VEHICLE LICENSE PLATE FOR A RECIPIENT OF THE PURPLE HEART, SO AS TO PROVIDE THAT NO FEE MAY BE CHARGED FOR THIS LICENSE PLATE.
Referred to Committee on Education and Public Works.
H. 4409 -- Reps. Chamblee and Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-69-225 SO AS TO PROVIDE THAT BEFORE A LICENSED VETERINARIAN MAY PERFORM VETERINARY SERVICES AT A TEMPORARY LOCATION, HE MUST FIRST ENTER INTO A WRITTEN AGREEMENT WITH A LICENSED VETERINARIAN PRACTICING AT A FULL SERVICE, PERMANENT LOCATION WITHIN TWENTY MILES TO HANDLE ANY EMERGENCIES WHICH MAY ARISE IN REGARD TO ANIMALS TREATED AT THE TEMPORARY LOCATION, TO PROVIDE CERTAIN PROCEDURAL REQUIREMENTS IN REGARD TO THE ABOVE, AND TO PROVIDE THAT A VETERINARIAN VIOLATING THE PROVISIONS OF THIS SECTION MAY HAVE HIS LICENSE SUSPENDED OR REVOKED BY THE STATE BOARD OF VETERINARY MEDICAL EXAMINERS.
Referred to Committee on Agriculture and Natural Resources.
H. 4410 -- Rep. Gentry: A BILL TO AMEND SECTION 8-21-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALARIES OF PROBATE JUDGES, SO AS TO PROVIDE THAT THE ANNUAL COST OF LIVING INCREASE OF A PROBATE JUDGE OF A COUNTY MUST EITHER BE THE COST OF LIVING INCREASE GIVEN TO STATE EMPLOYEES IN THE PREVIOUS FISCAL YEAR OR THE INCREASE PROVIDED TO EMPLOYEES OF THAT COUNTY DURING THE CURRENT YEAR, WHICHEVER IS GREATER.
Referred to Committee on Ways and Means.
H. 4411 -- Rep. R. Brown: A BILL TO AMEND SECTION 24-3-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO AUTHORIZE THE COMMISSIONER TO ALLOW PERIODIC VISITS OF AN INMATE WITH CERTAIN SPONSORS AND PROVIDE LIMITATIONS, AND PROVIDE THAT THE LIMITATIONS MUST BE ENFORCED PROSPECTIVELY AND NOT ON THOSE PRISONERS PARTICIPATING IN THE FURLOUGH PROGRAM ON THE EFFECTIVE DATE OF THIS ACT.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4412 -- Reps. T.M. Burriss and M.D. Burriss: A BILL TO AMEND SECTION 27, PART II, ACT 658 OF 1988, AS AMENDED, RELATING TO SPECIAL TAX TREATMENT ALLOWED FOR LONG-TERM CAPITAL GAINS RECOGNIZED PURSUANT TO A WRITTEN CONTRACT OF SALE EXECUTED BETWEEN JANUARY 1, 1987, AND JUNE 22, 1987, SO AS TO ALLOW THE SPECIAL TREATMENT FOR SUCH GAINS RECOGNIZED IN ALL OF 1987.
Referred to Committee on Ways and Means.
H. 4413 -- Reps. T.M. Burriss and Nesbitt: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-31-50 SO AS TO REQUIRE A RENTAL COMPANY WHICH OWNS OR LEASES PRIVATE PASSENGER AUTOMOBILES USED PRIMARILY FOR RENTAL PURPOSES TO REGISTER AND LICENSE A CERTAIN PERCENTAGE OF THESE AUTOMOBILES IN THIS STATE.
Referred to Committee on Labor, Commerce and Industry.
H. 4414 -- Reps. T.M. Burriss, M.D. Burriss, Harrison and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 80 TO TITLE 15 SO AS TO PROVIDE FOR THE "VOLUNTEER PROTECTION ACT OF 1990".
Referred to Committee on Judiciary.
H. 4415 -- Reps. T.M. Burriss, Harrison, M.D. Burriss, Corning, G. Bailey, Burch, R. Brown, J. Harris and McEachin: A BILL TO AMEND SECTION 11-35-3030, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOND AND SECURITY FOR CONSTRUCTION CONTRACTS, SO AS TO REQUIRE PERFORMANCE AND PAYMENT BONDS FOR ALL CONSTRUCTION MANAGEMENT FIRMS WHO CONTRACT WITH STATE ENTITIES; TO AMEND SECTION 11-35-3220, RELATING TO CONSTRUCTION MANAGEMENT PROCUREMENT PROCEDURES, SO AS TO PROVIDE THAT A CONTRACT FOR CONSTRUCTION MANAGEMENT SERVICES CONTAIN A MAXIMUM AMOUNT TO BE EXPENDED FOR SUCH SERVICES.
Referred to Committee on Labor, Commerce and Industry.
H. 4416 -- Reps. T.M. Burriss, Harrison, M.D. Burriss, Corning, G. Bailey, R. Brown and McEachin: A BILL TO AMEND SECTION 11-35-3220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCUREMENT PROCEDURES FOR ARCHITECT-ENGINEER, CONSTRUCTION MANAGEMENT, AND LAND SURVEYING SERVICES, SO AS TO PROHIBIT ANY OWNERSHIP INTEREST BETWEEN AN ARCHITECT-ENGINEER FIRM AND A CONSTRUCTION MANAGEMENT FIRM, ON ANY PROJECT FINANCED WITH PUBLIC FUNDS.
Referred to Committee on Labor, Commerce and Industry.
H. 4417 -- Reps. Rudnick, Kirsh and Whipper: A BILL TO AMEND SECTION 56-5-4100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST SPILLING LOADS ON HIGHWAYS AND THE MANNER IN WHICH VEHICLES CARRYING LOADS MUST BE DRIVEN AND LOADED, SO AS TO MAKE THE PENALTY PROVISIONS OF THE SECTION APPLICABLE TO CERTAIN PROVISIONS IN THE SECTION WHICH PROHIBIT A VEHICLE FROM BEING DRIVEN ON A HIGHWAY UNLESS IT IS SO CONSTRUCTED AND LOADED AS TO PREVENT ANY OF ITS LOAD FROM ESCAPING FROM THE VEHICLE.
Referred to Committee on Education and Public Works.
H. 4418 -- Rep. Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-48-35 SO AS TO PROVIDE FOR THE REQUIREMENTS THAT A STUDENT OF THE SPECIAL SCHOOL OF SCIENCE AND MATHEMATICS MUST MEET IN ORDER TO BE ELIGIBLE TO RECEIVE A STATE HIGH SCHOOL DIPLOMA, AND TO AUTHORIZE THE BOARD OF THE SPECIAL SCHOOL TO ISSUE ITS OWN HIGH SCHOOL DIPLOMA.
Referred to Committee on Education and Public Works.
H. 4419 -- Reps. Clyborne, Farr, Keegan, Mattos, Baker, Gordon and Corbett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-405 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON, UPON CONVICTION, ENTRY OF A PLEA OF GUILTY OR OF NOLO CONTENDERE, OR FORFEITURE OF BAIL, FOR A SECOND OR SUBSEQUENT OFFENSE OF SELLING OR ATTEMPTING TO POSSESS CERTAIN DRUGS.
Referred to Committee on Judiciary.
H. 4420 -- Reps. Haskins, Gordon, Huff, M.D. Burriss, P. Harris, T.M. Burriss, Corning, Vaughn, Cork, Baxley, Wofford, Tucker and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-265 SO AS TO EXEMPT A NONRESIDENT SIXTY-FIVE YEARS OF AGE OR OLDER FROM OBTAINING A SOUTH CAROLINA HUNTING AND FISHING LICENSE OR PERMIT IF HIS STATE OF RESIDENCE EXTENDS SIMILAR PRIVILEGES TO SOUTH CAROLINA RESIDENTS SIXTY-FIVE YEARS OF AGE OR OLDER, AND TO PROVIDE AN EXCEPTION.
Referred to Committee on Agriculture and Natural Resources.
H. 4421 -- Reps. Haskins, Wells, Beasley, Hayes, Barfield, Fair, H. Brown, Keegan, Corbett, Vaughn, M.O. Alexander and Bruce: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 IN CHAPTER 41 OF TITLE 44 SO AS TO ENACT THE SOUTH CAROLINA INFORMED CONSENT FOR ABORTION ACT AND TO PROVIDE PENALTIES FOR VIOLATION AND TO DESIGNATE SECTIONS 44-41-10 THROUGH 44-41-80 AS ARTICLE 1, CHAPTER 41, TITLE 44 OF THE 1976 CODE, ENTITLED "GENERAL PROVISIONS".
Referred to Committee on Judiciary.
H. 4422 -- Rep. Snow: A BILL TO AMEND CHAPTER 37, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEES, SO AS TO PROVIDE FOR INSPECTION OF BEES AND FIXTURES AND FOR THE CONTROL AND ERADICATION OF ALL DISEASES WHICH MAY INFECT THEM AND TO PROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF REGULATIONS TO IMPLEMENT THOSE PURPOSES.
Referred to Committee on Agriculture and Natural Resources.
H. 4423 -- Judiciary Committee: A BILL TO AMEND SECTION 14-5-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JUDICIAL CIRCUITS OF THIS STATE AND THE NUMBER OF CIRCUIT JUDGES TO BE ELECTED FOR THE STATE, SO AS TO AUTHORIZE CERTAIN ADDITIONAL RESIDENT AND AT-LARGE CIRCUIT JUDGES; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-215 SO AS TO PROVIDE THAT A JUDGE OR JUSTICE RETIRED FROM THE SUPREME COURT, COURT OF APPEALS, CIRCUIT COURT, OR FAMILY COURT OF THIS STATE MAY NOT BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN ANY CIRCUIT OR FAMILY COURT OF THIS STATE EXCEPT IN CASES OF AN EMERGENCY AS DETERMINED BY THE CHIEF JUSTICE OF THE SUPREME COURT AND TO PROVIDE FOR CERTAIN SCREENING OF THESE JUDGES AND JUSTICES IN ORDER TO SERVE IN THESE EMERGENCY SITUATIONS; TO AMEND SECTION 9-8-120, RELATING TO THE AUTHORIZATION FOR JUSTICES OR JUDGES WHO ARE RETIRED UNDER THE JUDICIAL RETIREMENT SYSTEM TO PERFORM JUDICIAL DUTIES IN CERTAIN COURTS, SO AS TO CONFORM THE PROVISIONS OF THIS SECTION TO THE LIMITATIONS CONTAINED IN SECTION 14-1-215; AND TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-216 SO AS TO PROVIDE THAT NO ACTIVE FAMILY COURT JUDGE MAY BE ASSIGNED TO PRESIDE OVER ANY OFFICIAL PROCEEDING IN THE CIRCUIT COURT.
Without reference.
H. 4424 -- Reps. J. Rogers, Harwell and Beasley: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 41-43-115 SO AS TO AUTHORIZE THE SOUTH CAROLINA JOBS-ECONOMIC DEVELOPMENT AUTHORITY TO ISSUE CERTAIN DISASTER RELIEF REVENUE BONDS FOR THE PURPOSE OF MAKING LOANS AVAILABLE TO LOCAL GOVERNMENTS FOR RELIEF FROM THE EFFECTS OF HURRICANE HUGO AND OTHER NATURAL DISASTERS, AND TO PROVIDE THAT THE SOUTH CAROLINA INSURANCE RESERVE FUND SHALL PURCHASE A CERTAIN AMOUNT OF REVENUE BONDS OF THE AUTHORITY NOT ISSUED PURSUANT TO SECTION 41-43-115 IN ORDER TO PROVIDE MONIES TO THE AUTHORITY TO FUND LOAN PROGRAMS TO BUSINESS ENTERPRISES WHICH SUFFERED DAMAGE FROM HURRICANE HUGO.
Referred to Committee on Ways and Means.
H. 4425 -- Reps. Moss, Wells, Neilson, Felder and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-60 SO AS TO PROHIBIT THE REQUIREMENT TO LABEL A PRESCRIPTION OR NONPRESCRIPTION DRUG SAMPLE FOR WHICH A PHYSICIAN IS NOT REQUIRED TO OBTAIN A FEDERAL OR STATE-CONTROLLED SUBSTANCE LICENSE, UNDER CERTAIN CONDITIONS.
Rep. MOSS asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. KLAPMAN objected.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4426 -- Reps. Neilson, J. Harris, Davenport and Wells: A BILL TO AMEND TITLE 8, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC OFFICES AND EMPLOYEES BY ADDING CHAPTER 14 SO AS TO ESTABLISH UNIFORM STANDARDS FOR PRE-EMPLOYMENT AND EMPLOYMENT DRUG TESTING OF STATE EMPLOYEES, TO REQUIRE THIS DRUG TESTING UNDER CERTAIN CONDITIONS, AND TO PROVIDE PROCEDURES FOR THE CONFIDENTIALITY, RELIABILITY, AND FAIRNESS OF THIS DRUG TESTING.
Referred to Committee on Labor, Commerce and Industry.
H. 4427 -- Reps. J. Bailey, Rama, T. Rogers, Barber, McBride, Wright, Altman, Snow, Holt, Keegan, Quinn, Bruce, D. Martin, J. Harris, Washington, Whipper, T.M. Burriss, Moss, R. Brown, Burch, Waites, Glover, J. Brown, Fant, Wilkes, Rudnick, Wofford, Haskins, McCain, Wilkins, Manly, Lanford, McGinnis, Simpson, Vaughn, Wells, Davenport, Littlejohn, Farr, Cole, Chamblee, Huff, Keesley, Clyborne, Kohn, Mappus, Smith, Cooper, Sturkie, G. Bailey, M.D. Burriss, Corbett, Sharpe and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
Referred to Committee on Ways and Means.
H. 4428 -- Rep. Davenport: A BILL TO AMEND SECTION 52-7-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ATHLETIC COMMISSION, SO AS TO INCREASE THE MEMBERSHIP FROM SEVEN TO NINE MEMBERS AND PROVIDE FOR THE APPOINTMENT OF A MEMBER FROM THE SENATE AND A MEMBER FROM THE HOUSE OF REPRESENTATIVES.
On motion of Rep. WILKES, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 986 -- Senator Waddell: A BILL TO AMEND ACT 515 OF 1982, RELATING TO THE ANNUAL MARCH OF DIMES BEAUFORT BRIDGE RUN, SO AS TO CHANGE THE DATE OF THE EVENT FROM THE THIRD SATURDAY IN OCTOBER TO THE SECOND SATURDAY IN OCTOBER.
On motion of Rep. WHITE, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1046 -- Senators Rose and Helmly: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FOOD TRUST, INC., IN BERKELEY COUNTY.
On motion of Rep. H. BROWN, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1066 -- Senator McGill: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF FAIR DEAL WAREHOUSE CORPORATION IN WILLIAMSBURG COUNTY.
On motion of Rep. GORDON, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
On motion of Rep. WHITE, with unanimous consent, it was ordered that S. 986 be read the second time tomorrow.
On motion of Rep. H. BROWN, with unanimous consent, it was ordered that S. 1046 be read the second time tomorrow.
On motion of Rep. GORDON, with unanimous consent, it was ordered that S. 1066 be read the second time tomorrow.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Barfield Baxley Beasley Bennett Blackwell Boan Brown, H. Brown, J. 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 Gentry Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McCain McEachin McGinnis McKay McLellan McTeer Moss Neilson Nesbitt Nettles Phillips Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
I came in after the roll call and was present for the Session on January 18, 1990.
John G. Felder Larry Blanding Grady Brown C. Lenoir Sturkie E.B. McLeod Joseph McElveen
STATEMENT OF ATTENDANCE
Rep. KEEGAN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, January 17, 1990.
Rep. LIMEHOUSE insisted upon the Special Orders of the day.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1.
S. 721 -- Senators Waddell and Lindsay: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-47-445 SO AS TO PROVIDE THAT THE PROVISIONS OF SECTION 12-47-440 RELATING TO ABATEMENT AND REFUND DO NOT APPLY TO CLAIMS FOR ABATEMENT OR REFUND RESULTING FROM A FINAL DECISION OF A COURT OF COMPETENT JURISDICTION DECLARING A TAX LAW OF THIS STATE UNCONSTITUTIONAL OR OTHERWISE UNLAWFUL AND TO DEFINE "FINAL DECISION".
Rep. McLELLAN moved to commit the Bill to the Committee on Ways and Means.
Rep. KOHN demanded the yeas and nays, which were not ordered.
The Bill was committed to the Committee on Ways and Means by a division vote of 62 to 24.
The following Bills were taken up, read the second time, and ordered to a third reading:
H. 4351 -- Reps. Farr and Phillips: A BILL TO PROVIDE THAT A UNANIMOUS VOTE OF THE MEMBERSHIP OF THE UNION COUNTY BOARD OF SCHOOL TRUSTEES IS REQUIRED TO CLOSE AN ELEMENTARY SCHOOL IN THE SCHOOL DISTRICT.
H. 4380 -- Reps. McKay, Harwell, McEachin, Nettles and Glover: A BILL TO PROVIDE FOR THE MANNER IN WHICH THE BOARD OF TRUSTEES FOR SCHOOL DISTRICT 4 IN FLORENCE COUNTY MUST BE ELECTED AND FOR THE METHOD OF ESTABLISHMENT OF THE TAX MILLAGE FOR THE DISTRICT.
H. 4392 -- Rep. Wilder: A BILL TO AUTHORIZE BLACKVILLE SCHOOL DISTRICT 19 OF BARNWELL COUNTY TO CHARGE AND COLLECT INCIDENTAL FEES FROM PUPILS.
H. 3549 -- Reps. Rhoad, Keegan, M.D. Burriss, McBride, Sharpe, G. Bailey, L. Martin, Nesbitt, Blackwell, Bennett, Baker, Gordon, Manly, Derrick, Kay, Foster, Cooper, M.O. Alexander, Davenport, Cole, Altman, Snow, K. Bailey, McAbee, Corbett, D. Martin, Waites, Cork, Hallman, Kirsh, Wright, McTeer, McGinnis, Taylor, G. Brown, Gregory, Wilder, J. Bailey, Carnell, Burch, T. Rogers, Fant, Rama, Waldrop, Elliott, Hayes, White, Mappus and Whipper: A BILL TO AMEND SECTION 38-77-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS AFFECTING AUTOMOBILE INSURANCE LEGISLATION, SO AS TO INCLUDE BUSES OWNED BY AMERICAN LEGION POSTS IN THE DEFINITION OF "SMALL COMMERCIAL RISK".
Rep. R. BROWN explained the Bill.
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.
On motion of Rep. FARR, with unanimous consent, it was ordered that H. 4351 be read the third time tomorrow.
On motion of Rep. McKAY, with unanimous consent, it was ordered that H. 4380 be read the third time tomorrow.
On motion of Rep. WILDER, with unanimous consent, it was ordered that H. 4392 be read the third time tomorrow.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill, Rep. McLELLAN having been recognized.
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.
Rep. McLELLAN explained the Bill and moved to adjourn debate upon the Bill until Thursday, February 1, 1990, which was adopted.
The following Bill was taken up.
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.
The motion of Rep. SHARPE to reconsider the vote whereby the Bill was tabled was taken up and agreed to.
The Bill was read the third time, passed and, 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 Joint Resolution was taken up.
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.
Rep. SHARPE moved to table the Joint Resolution, which was agreed to.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
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.
Rep. ALTMAN explained the Bill.
The following Joint Resolution was taken up.
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.
Rep. L. MARTIN moved to table the Joint Resolution, which was agreed to.
The following Joint Resolution was read the third time, passed and, 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.
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.
Rep. G. BAILEY explained the Joint Resolution.
The following Joint Resolution was taken up.
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.
Rep. G. BAILEY explained the Joint Resolution.
Rep. KLAPMAN objected to the Joint Resolution.
The Joint Resolution was read the third time, passed and, 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 SPEAKER granted Rep. TOWNSEND a leave of absence for the remainder of the day.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4369 -- Rep. D. Martin: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF PORT CITY GOLF CLUB IN CHARLESTON COUNTY.
Rep. WILKINS moved to adjourn debate upon the following Bill until Wednesday, January 24, which was adopted.
H. 3848 -- Education and Public Works Committee: A BILL TO AMEND SECTIONS 56-1-40 AND 56-1-180, RELATING TO ISSUANCE OF DRIVERS' LICENSES AND SPECIAL RESTRICTED LICENSES, SO AS TO INCREASE THE AGE WHEN A PERSON MAY OBTAIN A LICENSE FROM SIXTEEN TO SIXTEEN YEARS AND SIX MONTHS OR OBTAIN A SPECIAL RESTRICTED LICENSE FROM FIFTEEN YEARS TO FIFTEEN YEARS AND SIX MONTHS AND TO REQUIRE A REPORT ON THE EFFECT OF THE AGE INCREASE; TO AMEND SECTION 56-5-1520, AS AMENDED, RELATING TO SPEED LIMITS, SO AS TO INCREASE THE PENALTIES FOR EXCEEDING THE LIMITS AND TO PROVIDE THAT THE PENALTY FOR EXCEEDING THE POSTED LIMIT BY THIRTY MILES AN HOUR OR MORE INCLUDES A DRIVER'S LICENSE SUSPENSION FOR THIRTY DAYS, AND TO PROVIDE THAT A PORTION OF FINES FOR SPEEDING PAID TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION MUST BE USED FOR MORE EXTENSIVE PATROL OF SECONDARY ROADS AND FOR ADDITIONAL HIGHWAY SAFETY PROGRAMS; TO AMEND SECTION 56-1-720, AS AMENDED, RELATING TO THE POINT SYSTEM FOR VIOLATIONS OF MOVING VIOLATIONS, SO AS TO PROVIDE A SIX-POINT ASSESSMENT FOR DRIVING THROUGH, AROUND, OR UNDER A CLOSED RAILROAD CROSSING GATE OR BARRIER; TO AMEND SECTION 56-7-10, AS AMENDED, RELATING TO UNIFORM TRAFFIC TICKETS, SO AS TO PROVIDE THAT THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION SHALL PROMULGATE PROCEDURES RELATIVE TO THEM; TO AMEND SECTION 56-5-6190, RELATING TO THE GENERAL PENALTY FOR VIOLATIONS OF TRAFFIC REGULATIONS, SO AS TO INCREASE THE FINE PENALTY FROM NOT MORE THAN ONE HUNDRED DOLLARS TO NOT MORE THAN TWO HUNDRED DOLLARS; TO AMEND SECTION 56-1-1020, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE AS A GROUND FOR DECLARING A PERSON A HABITUAL OFFENDER, DRIVING UNDER SUSPENSION FOR FAILURE TO FILE PROOF OF FINANCIAL RESPONSIBILITY; TO AMEND SECTION 56-10-270, AS AMENDED, RELATING TO THE UNLAWFUL OPERATION OF AN UNINSURED MOTOR VEHICLE, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTIONS 56-9-340, 56-10-240, AND 56-10-260, ALL AS AMENDED, RELATING TO RETURN OF LICENSE PLATES AND REGISTRATIONS FOR NONCOMPLIANCE WITH THE FINANCIAL RESPONSIBILITY ACT AND MAKING FALSE CERTIFICATION IN REGARD TO INSURANCE, SO AS TO INCREASE THE PENALTY FOR FAILURE TO RETURN THEM AND FOR FALSE CERTIFICATION, TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS, TO PROVIDE THAT THE INSURER GIVE NOTICE OF CANCELLATION OR EXPIRATION OF LIABILITY INSURANCE COVERAGE IN ANOTHER MANNER ACCEPTABLE TO THE DEPARTMENT IN ADDITION TO CERTIFIED MAIL, AND PROVIDE THAT THE DEPARTMENT MUST GIVE NOTICE OF CANCELLATION OR SUSPENSION OF REGISTRATION PRIVILEGES TO THE VEHICLE OWNER BY FIRST CLASS INSTEAD OF CERTIFIED MAIL; TO AMEND SECTION 56-10-250, RELATING TO SELLING TO A FAMILY MEMBER A MOTOR VEHICLE WHOSE REGISTRATION AND LICENSE PLATES HAVE BEEN SUSPENDED, SO AS TO INCREASE PENALTIES FOR VIOLATIONS AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-1-350, RELATING TO RETURN TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION OF SUSPENDED, CANCELLED, OR REVOKED DRIVERS' LICENSES, SO AS TO INCREASE THE PENALTIES FOR VIOLATIONS; TO AMEND SECTIONS 56-1-450 AND 56-1-460, AS AMENDED, RELATING TO UNLAWFUL OPERATION AFTER CONVICTION FOR WHICH SUSPENSION OR REVOCATION OF LICENSE IS MANDATORY, SO AS TO INCREASE PENALTIES FOR PERSONS CAUGHT DRIVING WHO NEVER HAD A LICENSE AND WHO HAVE BEEN CONVICTED PREVIOUSLY OF A VIOLATION FOR WHICH SUSPENSION OR REVOCATION OF A DRIVER'S LICENSE WOULD HAVE BEEN MANDATORY IF HE HAD BEEN LICENSED TO DRIVE; TO AMEND SECTION 56-1-1100, AS AMENDED, RELATING TO HABITUAL OFFENDERS, SO AS TO PROVIDE THAT A DRIVER'S LICENSE MAY NOT BE ISSUED OR REINSTATED TO A HABITUAL OFFENDER UNTIL FIVE YEARS AFTER THE EXPIRATION OF THE SUSPENSION TERM; TO AMEND SECTION 56-5-2775, RELATING TO SCHOOL BUSES, SO AS TO INCREASE THE PENALTIES FOR FAILURE TO STOP FOR THEM AND TO PROVIDE FOR A COURT TO ORDER PUBLIC SERVICE EMPLOYMENT; TO AMEND SECTION 56-5-2715, RELATING TO HIGHWAY GRADE CROSSINGS AND RAILROAD SIGNS, SO AS TO PROVIDE PENALTIES FOR FAILURE TO STOP AT THEM; TO AMEND SECTION 56-5-2920, RELATING TO RECKLESS DRIVING, SO AS TO INCREASE PENALTIES FOR RECKLESS DRIVING AND ESTABLISH SEPARATE PUNISHMENT WITH INCREASED PENALTIES INCLUDING A THIRTY-DAY DRIVER'S LICENSE SUSPENSION FOR CONVICTION OF FIRST OFFENSE RECKLESS DRIVING WHICH RESULTS IN PERSONAL INJURY TO ANOTHER PERSON AND TO PROVIDE THAT ONLY CONVICTIONS WHICH OCCURRED WITHIN TEN YEARS IMMEDIATELY PRECEDING THE DATE OF THE LAST VIOLATION CONSTITUTE PRIOR CONVICTIONS; TO AMEND SECTION 56-5-2910, RELATING TO RECKLESS HOMICIDE, SO AS TO PROVIDE FOR MANDATORY IMPRISONMENT OF A PERSON CONVICTED OF THE CRIME AND INCREASE THE MAXIMUM PUNISHMENT FROM FIVE TO TEN YEARS; TO AMEND SECTION 56-5-2950 RELATING TO DRUG AND ALCOHOL TESTING, SO AS TO REQUIRE DRIVERS INVOLVED IN ACCIDENTS RESULTING IN DEATH TO SUBMIT TO DRUG OR ALCOHOL TESTING; TO AMEND SECTION 17-7-80, RELATING TO CORONERS, SO AS TO PROVIDE A PROCEDURE FOR TESTS FOR THE PRESENCE OF ALCOHOL IN THE BLOOD OF A DRIVER, PASSENGER, PEDESTRIAN, SWIMMER, OR BOAT OCCUPANT DYING IN A VEHICLE OR BOAT ACCIDENT; TO AMEND THE 1976 CODE BY ADDING SECTION 56-1-745 SO AS TO PROVIDE FOR THE SUSPENSION OR DELAY OF ISSUANCE OF A DRIVER'S LICENSE OF A PERSON CONVICTED OF ACTS WHICH PERSONS AT LEAST THIRTEEN YEARS OF AGE AND UNDER TWENTY-ONE YEARS OF AGE ARE PROHIBITED FROM PERFORMING; TO AMEND CHAPTER 1 OF TITLE 56 BY ADDING ARTICLE 11 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON WHO PURCHASES BEER OR WINE FOR A PERSON WHO MAY NOT LAWFULLY PURCHASE IT OR WHO TRANSFERS OR GIVES SUCH A PERSON BEER, WINE, OR ALCOHOLIC BEVERAGES; TO AMEND SECTION 56-5-2940, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF SECTION 56-5-2930 (DUI), SO AS TO INCREASE THE PENALTIES AND PERMIT THE COURT TO ORDER THE SERVICE OF PUBLIC SERVICE; TO AMEND SECTION 56-5-2930, RELATING TO THE PROHIBITION AGAINST DRIVING A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS OR LIKE SUBSTANCES, SO AS TO MAKE IT UNLAWFUL TO OPERATE A VEHICLE UNDER CERTAIN CONDITIONS; TO AMEND THE 1976 CODE BY ADDING SECTION 56-5-2931 SO AS TO MAKE IT UNLAWFUL FOR A PERSON UNDER TWENTY-ONE YEARS OF AGE TO OPERATE A MOTOR VEHICLE AT A TIME WHEN A MEASURABLE ALCOHOL CONTENT IS IN THE PERSON'S BLOOD, TO PROVIDE FOR IMPLIED CONSENT TO TESTS, PROCEDURES RELATING TO ADMINISTERING THE TESTS, AND PENALTIES FOR REFUSAL TO SUBMIT TO TESTS; TO AMEND SECTION 56-5-2945, RELATING TO ACCIDENTS RESULTING IN GREAT BODILY INJURY OR DEATH, SO AS TO MAKE THE PROVISIONS APPLY TO OPERATING A VEHICLE INSTEAD OF DRIVING A VEHICLE; TO AMEND SECTION 56-5-2950, AS AMENDED, RELATING TO IMPLIED CONSENT TO TESTS OF BREATH, BLOOD, OR URINE TO DETERMINE PRESENCE OF ALCOHOL OR DRUGS, SO AS TO CHANGE REFERENCES TO BREATHALYZER TO BREATH ANALYSIS, TO INCREASE THE DRIVER'S LICENSE SUSPENSION OR DENIAL FOR A PERSON WHO REFUSES TO SUBMIT TO SUCH A TEST FROM NINETY TO ONE HUNDRED TWENTY DAYS, TO PROVIDE THAT IF A PERSON SUBMITS TO SUCH A TEST AND THE TEST PROVES THAT HE HAS MORE THAN THE LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM THE SUSPENSION OR DENIAL IS NINETY DAYS, TO PROVIDE FOR THE IMMEDIATE CONFISCATION OF THE DRIVER'S LICENSE OR PERMIT OF A PERSON WHO REFUSES SUCH A TEST OR WHO TESTS AS HAVING MORE THAN A LAWFUL AMOUNT OF ALCOHOL OR DRUGS IN HIS SYSTEM AND TO PROVIDE THAT THE NOTICE AND ORDER WHICH IS GIVEN TO THE PERSON AT THE TIME OF CONFISCATION SERVES AS A TEMPORARY TEN-DAY LICENSE, TO PROVIDE FOR A REVIEW OF THE NOTICE AND ORDER BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IF REQUESTED WITHIN THE TEN-DAY PERIOD, TO PROVIDE A PROCEDURE FOR THE ADMINISTRATIVE REVIEW AS IT APPLIES TO A REFUSAL BY A PERSON TO SUBMIT TO A TEST OR TO A PERSON FOUND TO HAVE HAD MORE THAN A LAWFUL AMOUNT OF ALCOHOL IN HIS SYSTEM; TO AMEND SECTION 22-3-550, RELATING TO MAGISTRATES, SO AS TO INCREASE THEIR CRIMINAL JURISDICTION TO INCLUDE VIOLATIONS OF SECTIONS 56-1-350, 56-1-450, 56-1-460(a)(1) AND (b)(1), 56-5-1520(d), 56-5-2715, 56-5-2775, 56-5-2920, 56-5-2931, AND 56-5-2940(1), 56-5-6190, AND FOR FIRST AND SECOND OFFENSES ONLY VIOLATIONS OF SECTIONS 56-9-340, 56-10-240, 56-10-250, 56-10-260, AND 56-10-270; TO AMEND SECTION 56-1-520, RELATING TO JURISDICTION OF RECORDERS AND MUNICIPAL COURTS, SO AS TO PROVIDE THAT THEY HAVE THE SAME JURISDICTION AS MAGISTRATES IN VIOLATIONS INVOLVING DRIVERS' LICENSES; AND TO REPEAL SECTIONS 56-1-463, 56-1-465, AND 56-7-20 RELATING TO LACK OF NOTICE OF PAYMENT OF FINES OR PENALTIES AND NOTICE OF SUSPENSIONS AND UNIFORM TRAFFIC TICKETS.
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. M.O. ALEXANDER explained the Bill.
Rep. McABEE objected to the Bill.
The following Joint Resolution was taken up.
H. 4053 -- Agriculture and Natural Resources Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO HAZARDOUS WASTE MANAGEMENT, DESIGNATED AS REGULATION DOCUMENT NUMBER 1126, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. SHARPE moved to table the Joint Resolution, which was agreed to.
The SPEAKER granted Rep. ALTMAN a leave of absence from 11:00 to 12:00 to attend a Highway Commission meeting.
Rep. R. BROWN moved to adjourn debate upon the following Bill until Wednesday, January 24, which was adopted.
H. 3662 -- Rep. Harvin: A BILL TO AMEND SECTION 38-1-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE INSURANCE LAWS OF THIS STATE, SO AS TO INCLUDE "JOB PROTECTION INSURANCE" IN THE DEFINITION OF "CASUALTY INSURANCE", TO SET FORTH WHAT JOB PROTECTION INSURANCE DOES NOT APPLY TO, TO EXEMPT INDIVIDUALS WHO SOLICIT JOB PROTECTION INSURANCE ON BEHALF OF CERTAIN INSURANCE CARRIERS FROM HAVING TO TAKE AND PASS A WRITTEN EXAMINATION IN ORDER TO BE LICENSED, AND TO PROVIDE THAT COVERAGES PROVIDED UNDER THIS TYPE OF INSURANCE ARE NOT SUBJECT TO GUARANTY FUNDS UNLESS SPECIFICALLY INDICATED IN THE LAWS GOVERNING THOSE FUNDS.
The following Bill was taken up.
H. 3921 -- Reps. Hearn, J.W. Johnson, Lockemy and Corning: A BILL TO AMEND SECTION 42-17-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION, AWARDS PROCEDURE, AND AGREEMENT AS TO COMPENSATION, SO AS TO ALLOW AN EMPLOYER AND A CARRIER TO INITIATE PAYMENT WITHOUT AN AGREEMENT UPON FILING A NOTICE OF CONDITIONAL PAYMENT, AND TO ADD SECTION 42-9-265 SO AS TO PROVIDE THAT UPON FILING WITH THE COMMISSION A NOTICE OF CONDITIONAL PAYMENT AS DESCRIBED IN SECTION 42-17-110, THE EMPLOYER'S CARRIER OR THE EMPLOYER, IF SELF-INSURED, MAY BEGIN PAYMENT OF BENEFITS PURSUANT TO TITLE 42 WHILE THE CARRIER OR THE EMPLOYER CONDUCTS AN INVESTIGATION AS TO LIABILITY, TO FURTHER PROVIDE THAT THE EMPLOYER OR CARRIER MAY, WITHIN SIXTY DAYS AFTER THE COMMENCEMENT OF PAYMENT, CEASE FURTHER PAYMENT IF INVESTIGATION DETERMINES THE CLAIM IS NOT COMPENSABLE, TO PROVIDE FOR A HEARING ON WHY PAYMENT WAS STOPPED AND TO PROVIDE FOR A FIFTY PERCENT PENALTY WHERE PAYMENTS ARE STOPPED ARBITRARILY, AND TO REQUIRE PAYMENT OF THE PENALTY TO THE EMPLOYEE.
Rep. M.O. ALEXANDER explained the Bill.
Reps. FABER and T. ROGERS objected to the Bill.
The following Bill was taken up.
H. 3624 -- Reps. Rama, Barber, J. Bailey, Whipper, Hallman, Kohn, Mappus, Washington, D. Martin and Winstead: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-59-45 SO AS TO PROVIDE FOR THE TIMELY PAYMENT OF CLAIMS TO A HOSPITAL BY ACCIDENT AND HEALTH INSURERS, FOR PENALTIES, AND FOR EXCESSIVE AND IMPROPERLY PAID CLAIMS.
Rep. R. BROWN moved to recommit the Bill to the Committee on Labor, Commerce and Industry, which was agreed to.
Rep. MOSS moved to adjourn debate upon the following Bill until Wednesday, January 24, 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.
Rep. J.W. JOHNSON moved to adjourn debate upon the following Bill until Wednesday, January 24, 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. SHARPE moved to adjourn debate upon the following Joint Resolution until Tuesday, January 23, 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.
The following Bill was taken up.
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.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3676U).
Amend the bill, as and if amended, item (2) of the seventh paragraph of Section 6-7-740 of the 1976 Code, as contained in SECTION 1, page 1, line 3 of the item, after /members/ by inserting /present and voting/ so that when amended the item reads:
/(2) To authorize upon appeal in specific cases and upon a vote of two-thirds of the board members present and voting a variance from the terms of the an ordinance or a resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance or resolution will, in an individual case, result results in unnecessary hardship, so that the spirit of the ordinance or resolution shall be is observed, public safety and welfare secured, and substantial justice done. Such The variance may be granted in such an individual case of unnecessary hardship upon a finding by the board of appeals that:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, and.
(b) The application of the ordinance or resolution of to this particular piece of property would create creates an unnecessary hardship, and.
(c) Such The conditions are peculiar to the particular piece of property involved, and.
(d) Relief, if granted, would does not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or, resolution, or the comprehensive plan, provided, however. However, that no variance may be granted for a use of land, or a building, or a structure that is prohibited in a given district by ordinance or resolution./
Amend title to conform.
Rep. J. BAILEY explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested calendar, the pending question being consideration of Amendment No. 1, Rep. J. BAILEY having the floor.
The SPEAKER granted Rep. McLELLAN a leave of absence for the remainder of the day.
Rep. HASKINS moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4429 -- Rep. Cork: A CONCURRENT RESOLUTION TO CONGRATULATE DR. SPENCER McCANTS OF BEAUFORT COUNTY UPON THE CELEBRATION OF HIS 100TH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Joint Resolution was introduced, read the first time, and referred to appropriate committee:
H. 4430 -- Reps. Holt, Winstead, Washington, Rama, Mappus, D. Martin, Barber, Hallman, Whipper, Kohn and J. Bailey: A JOINT RESOLUTION TO TRANSFER OWNERSHIP OF THE SHIP "COMANCHE" FROM THE PATRIOT'S POINT DEVELOPMENT AUTHORITY TO THE SOUTH CAROLINA DEPARTMENT OF WILDLIFE AND MARINE RESOURCES, TO PROVIDE THAT THE SHIP MUST BE SUNK TO ESTABLISH AN ARTIFICIAL REEF, TO REQUIRE AN APPROPRIATE COMMEMORATIVE DEVICE TO BE ATTACHED TO THE SHIP, AND TO REQUIRE THE RESULTING REEF TO BE DESIGNATED "COMANCHE REEF".
Referred to Committee on Agriculture and Natural Resources.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. J. BAILEY having the floor.
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.
Debate was resumed on Amendment No. 1 by the Committee on Medical, Military, Public and Municipal Affairs.
Rep. J. BAILEY continued speaking.
Rep. WRIGHT spoke in favor of the amendment.
The amendment was then adopted.
Reps. J. BAILEY AND WRIGHT proposed the following Amendment No. 2 (Doc. No. 4575U), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Item (2) of the seventh paragraph of Section 6-7-740 of the 1976 Code is amended to read:
"(2) To authorize upon appeal in specific cases a variance from the terms of the an ordinance or a resolution as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of the ordinance or resolution will, in an individual case, result results in unnecessary hardship, so that the spirit of the ordinance or resolution shall be is observed, public safety and welfare secured, and substantial justice done. Such The variance may be granted in such an individual case of unnecessary hardship upon a finding by the board of appeals that:
(a) There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography, and.
(b) The application of the ordinance or resolution of to this particular piece of property would create creates an unnecessary hardship, and.
(c) Such The conditions are peculiar to the particular piece of property involved, and.
(d) Relief, if granted, would does not cause substantial detriment to the public good or impair the purposes and intent of the ordinance or, resolution, or the comprehensive plan, provided, however. However, that no variance may be granted for a use of land,2 or a building, or a structure that is prohibited in a given district by ordinance or resolution except upon a vote of two-thirds of the board members present and voting."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
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.
S. 456 -- Senators Wilson, Shealy and Setzler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-21-85 SO AS TO AUTHORIZE A CIRCUIT JUDGE TO ORDER THAT JURY SELECTION IN A CRIMINAL CASE BE CONDUCTED IN ANOTHER COUNTY AND THE JURY, WHEN SELECTED, BE TRANSPORTED FOR THE DURATION OF THE TRIAL TO THE COUNTY IN WHICH THE TRIAL OCCURS.
Rep. WILKINS explained the Bill.
H. 3729 -- Reps. Corbett and R. Brown: A BILL TO AMEND SECTION 56-3-1120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A SPECIAL LICENSE TAG FOR A DISABLED AMERICAN VETERAN, SO AS TO PROVIDE THAT THE SPECIAL LICENSE TAG MAY BE PLACED ON A VEHICLE OWNED OR LEASED BY A DISABLED AMERICAN VETERAN.
H. 4253 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CRIME STOPPERS OF HORRY COUNTY, INC., IN HORRY COUNTY.
H. 4257 -- Rep. R. Brown: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF SOUTH CAROLINA RURAL WATER ASSOCIATION.
H. 4264 -- Rep. Bruce: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHESNEE HIGH SCHOOL BOOSTERS CLUB, INC., IN SPARTANBURG COUNTY.
H. 4266 -- Rep. Haskins: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF ACADEMY OF ARTS, INC., IN GREENVILLE COUNTY.
H. 4288 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF JASMINE INTERIORS, INC., IN HORRY COUNTY.
H. 4289 -- Rep. Corbett: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CENTURION CORPORATION IN HORRY COUNTY.
H. 3774 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-170 SO AS TO AUTHORIZE A FOOD FACILITY TO DONATE FOOD TO A NONPROFIT CHARITABLE ORGANIZATION OR A FOOD BANK AND TO LIMIT CIVIL LIABILITY THAT MAY RESULT FROM AN INJURY RESULTING FROM CONSUMING DONATED FOOD, AND LIMIT THE CIVIL AND CRIMINAL LIABILITY THAT MAY ARISE BECAUSE OF A VIOLATION OF REGULATORY LAWS.
On motion of Rep. CORBETT, with unanimous consent, it was ordered that H. 4253 be read the third time tomorrow.
On motion of Rep. R. BROWN, with unanimous consent, it was ordered that H. 4257 be read the third time tomorrow.
On motion of Rep. BRUCE, with unanimous consent, it was ordered that H. 4264 be read the third time tomorrow.
On motion of Rep. HASKINS, with unanimous consent, it was ordered that H. 4266 be read the third time tomorrow.
On motion of Rep. CORBETT, with unanimous consent, it was ordered that H. 4288 be read the third time tomorrow.
On motion of Rep. CORBETT, with unanimous consent, it was ordered that H. 4289 be read the third time tomorrow.
The following Bill was taken up.
H. 3901 -- Rep. Wilkins: A BILL TO AMEND SECTION 56-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM DRIVERS' LICENSING REQUIREMENTS, SO AS TO EXEMPT CITIZENS OF FOREIGN COUNTRIES WHO HAVE A VALID DRIVER'S LICENSE ISSUED BY THAT NATION AND WHOSE COUNTRY GRANTS THE SAME EXEMPTION TO CITIZENS OF THIS STATE.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 0404O), which was adopted.
Amend the bill, as and if amended, by striking Section 1 and inserting:
/SECTION 1. Section 56-1-30 of the 1976 Code, as last amended by Act 362 of 1988, is further amended by adding at the end:
"(6) A citizen of France who is at least eighteen years of age, who is employed in South Carolina, and who has a valid driver's license issued by that nation may drive in this State for four years."/
Amend title to conform.
Rep. BEASLEY explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. WILKINS, with unanimous consent, it was ordered that H. 3901 be read the third time tomorrow.
The following Bill was taken up.
S. 184 -- Senators Passailaigue and Fielding: A BILL TO AMEND SECTION 7-25-180, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL DISTRIBUTION OF CAMPAIGN LITERATURE, SO AS TO REQUIRE THAT NO PERSON MAY DISTRIBUTE CAMPAIGN LITERATURE WITHIN TWO HUNDRED FEET OF THE MAIN ENTRANCE TO THE DOOR NORMALLY USED BY THE VOTERS TO ENTER THE POLLING PLACE INSTEAD OF FROM THE BUILDING IN WHICH A POLLING PLACE IS LOCATED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0442O), which was adopted.
Amend the bill, as and if amended, by striking Section 7-25-180, as contained in SECTION 1 of the bill, and inserting:
/"Section 7-25-180. It shall be is unlawful on any an election day within two hundred feet of an entrance being used by the electors or inside the building where the polling place is located the building wherein a polling place is located for any a person to distribute any type of campaign literature or place any political posters. The poll manager shall use every reasonable means to keep the area within two hundred feet of an entrance being used by the electors or inside the building where the polling place is located the polling place clear of political literature and displays, and the county and municipal law-enforcement officers shall, upon request of a poll manager, shall remove or cause to be removed any material within two hundred feet of a polling place being distributed or displayed in violation of this section."/
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The SPEAKER granted Rep. G. BAILEY a leave of absence for the remainder of the day.
Rep. L. MARTIN moved to adjourn debate upon the following Bill until Wednesday, January 24, which was adopted.
H. 3121 -- Reps. McElveen, Hodges, Huff and Corning: A BILL TO AMEND SECTION 20-3-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALLOWANCES IN DIVORCE JUDGMENTS, SO AS TO ESTABLISH FACTORS FOR THE FAMILY COURT TO CONSIDER IN AWARDING ALIMONY OR MAINTENANCE AND IN ORDERING PAYMENT OF COSTS AND ATTORNEY FEES AND TO DELETE THE PROVISION WHICH PROHIBITS ALIMONY IN CASES OF ADULTERY.
Rep. VAUGHN presented the State Class AAA Champion, Greer High School Yellow Jackets Football Team and its coaches, and commended them for their accomplishments.
Rep. J.W. JOHNSON moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4350 -- Orangeburg Delegation: A CONCURRENT RESOLUTION DECLARING WEDNESDAY, FEBRUARY 7, 1990, AS SOUTH CAROLINA STATE COLLEGE DAY.
H. 4400 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO EXPRESS THE DEEPEST SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY TO THE FAMILY AND MANY FRIENDS OF MRS. FOSTENIA LEWIS OF ANDERSON WHO DIED JANUARY 13, 1990.
H. 4429 -- Rep. Cork: A CONCURRENT RESOLUTION TO CONGRATULATE DR. SPENCER McCANTS OF BEAUFORT COUNTY UPON THE CELEBRATION OF HIS 100TH BIRTHDAY.
At 11:40 A.M. the House in accordance with the motion of Rep. J.W. JOHNSON adjourned to meet at 10:00 A.M. tomorrow.
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