Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Rev. Dr. Gary Redding, Pastor of First Baptist Church in North Augusta:
God of righteousness, justice, and mercy, make each of us in Your own likeness. Help every one of us to be persons after Your own heart: pure, gentle, truthful, high-minded, courteous, generous, able, responsible, and useful.
Teach us what we truly need to know since what we do affects so many more people than merely those gathered in this room. Teach us how to make compromises without violating our convictions, betraying our consciences, failing our constituency, or surrendering our character.
Remind us that private victories always precede public victories, that making and keeping promises to ourselves always precedes making and keeping public promises. Remind us that it is futile to put personality ahead of character in order to improve relationships with others, and that it is foolish to be concerned about improving our public image before we begin improving ourselves.
God of righteousness, help us to be right before we attempt to do the right thing. God of justice, remove all bias and prejudice so that we might be equally concerned with all people everywhere. God of mercy, fill us with Your grace that we might truly be full of compassion and love, to Your honor and glory and for the benefit of the people of this great state.
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 introduced:
H. 4489 -- Reps. McBride, T. Rogers, M.D. Burriss, Quinn, Faber, T.M. Burriss, Waites, J. Brown, Taylor, Corning and Harrison: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TYSKI REANARD GABRIEL OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4490 -- Reps. Farr and Phillips: A CONCURRENT RESOLUTION CONGRATULATING SHERIFF WILLIAM A. JOLLY OF UNION COUNTY ON BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA SHERIFFS' ASSOCIATION FOR 1990-91.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1142 -- Senator Hinds: A CONCURRENT RESOLUTION EXPRESSING THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY TO GEORGETOWN COUNTY SHERIFF MICHAEL CARTER ON HIS ELECTION AS SOUTH CAROLINA SHERIFF OF THE YEAR FOR 1989 BY THE SOUTH CAROLINA SHERIFFS' ASSOCIATION.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bill was introduced, read the first time, and referred to appropriate committee:
H. 4491 -- Reps. Snow, G. Brown, Barfield and Bruce: A BILL TO AMEND SECTION 12-35-550, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM THE SALES TAX, SO AS TO EXEMPT THE GROSS PROCEEDS OF MATERIALS AND EQUIPMENT USED IN THE CONSTRUCTION OF POULTRY OR LIVESTOCK HOUSING.
Referred to Committee on Ways and Means.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, J. Bailey, K. Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, J. Bruce Burch Burriss, T.M. Carnell Cole Cooper Corbett Cork Corning Derrick Elliott Fair Fant Farr Ferguson Foster Gregory Hallman Harris, P. Harrison Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.W. Keegan Keesley Kinon Kirsh Klapman Kohn Koon Lanford Littlejohn Manly Mappus Martin, D. Martin, L. McAbee McElveen McGinnis McTeer Nesbitt Rama Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Tucker Vaughn Waites Waldrop Wells White Wilkes Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on January 25, 1990.
James Mattos Tim Rogers Jean Harris Denny W. Neilson Jack Rogers Ralph Davenport Howell Clyborne Dell Baker Lucille S. Whipper Robert Barber Rick Quinn Ronald Townsend Robert O. Kay C. Lenoir Sturkie Robert Brown M. Washington, Jr. Woody McKay Malloy McEachin B. Hicks Harwell Frank E. McBride James Faber Thomas N. Rhoad George H. Bailey James C. Johnson Robert N. McLellan C.D. Chamblee Olin R. Phillips Harriett Keyserling Larry Gentry Mickey Burriss Tom Limehouse Maggie W. Glover John G. Felder Luther Taylor Alex Harvin
STATEMENT RE ATTENDANCE
I was not present during the Session but arrived in time to attend the Committee meetings on Wednesday, January 24, 1990.
Jack Gregory Paul Short
Announcement was made that Dr. William J. Gaudelock of Easley is the Doctor of the Day for the General Assembly.
The following was received from the Senate.
Columbia, S.C., January 23, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it refuses to concur in the amendments proposed by the House to S. 595:
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.
Very respectfully,
President
On motion of Rep. BEASLEY, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. ALTMAN, BEASLEY and McTEER to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Had I been present on Wednesday, January 24, I would have voted in favor of H. 3659 and H. 3618.
Rep. CANDY WAITES
The following Bills and Joint Resolution 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. 1102 -- Senator McGill: A BILL TO AMEND ACT 632 OF 1980, AS AMENDED BY ACT 289 OF 1987, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL DISTRICT OF WILLIAMSBURG COUNTY, SO AS TO FURTHER PROVIDE FOR THE PREPARATION OF THE ANNUAL SCHOOL BUDGET FOR THE OPERATION OF THE DISTRICT AND THE TAX MILLAGE NECESSARY TO BE LEVIED IN CONNECTION THEREWITH.
S. 562 -- Finance Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE TAX COMMISSION, RELATING TO PROPERTY TAX, GENERAL REQUIREMENTS FOR RATIO STUDY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1002, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 570 -- Senator Long: A BILL TO AMEND SECTION 6-17-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE REVENUE BOND REFINANCING ACT OF 1937, SO AS TO REVISE THE DEFINITION OF "MUNICIPALITY".
S. 574 -- Banking and Insurance Committee: A BILL TO AMEND SECTIONS 11-1-70 AND 11-9-660, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INVESTMENT OF FUNDS OF THE STATE AND ITS POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE THEIR INVESTMENT IN SECURITIES ISSUED BY THE AFRICAN DEVELOPMENT BANK.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
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.
H. 3882 -- Rep. McLellan: A BILL TO AMEND SECTION 11-13-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF AN INDEMNITY BOND OR COLLATERAL TO ENSURE STATE DEPOSITS, SO AS TO REQUIRE THAT WHEN THE STATE TREASURER DEPOSITS STATE FUNDS IN EXCESS OF THE INSURANCE COVERAGE WITH A BANK OR SAVINGS AND LOAN ASSOCIATION, IT SHALL FURNISH AN INDEMNITY BOND IN AN AMOUNT SUFFICIENT TO PROTECT THE STATE AGAINST LOSS IN THE EVENT OF INSOLVENCY OR LIQUIDATION, OR PLEDGE OTHER TYPES OF COLLATERAL; AND TO REPEAL SECTION 11-13-50 RELATING TO THE REQUIREMENT THAT AN INDEMNITY BOND IS REQUIRED OF A BANK OR TRUST COMPANY WHICH IS MADE A STATE DEPOSITORY.
H. 3975 -- Rep. McAbee: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO AUTHORIZE THE GOVERNING BODY TO FINANCE REDEVELOPMENT PROJECTS BY MEANS OF TAX-INCREMENT FINANCING.
Debate was resumed on the following Joint Resolution, the pending question being the consideration of Amendment No. 1, Rep. CORNING having the floor.
H. 4334 -- Rep. Corning: A JOINT RESOLUTION TO SUSPEND THE ENFORCEMENT AND APPLICATION OF INSURANCE DEPARTMENT REGULATION R69-44 ("LONG-TERM CARE INSURANCE") UNTIL JUNE 7, 1990.
Debate was resumed on Amendment No. 1, which was proposed on Wednesday, January 24, by Rep. CORNING.
Rep. CORNING continued speaking.
The amendment was then adopted.
The Joint Resolution, as amended, was read the second time and ordered to third reading.
On motion of Rep. CORNING, with unanimous consent, it was ordered that H. 4334 be read the third time tomorrow.
The SPEAKER granted Rep. MOSS a leave of absence for the remainder of the day.
The following Joint Resolution was taken up.
H. 4336 -- Ways and Means Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE X, SECTION 14, CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO BONDED INDEBTEDNESS OF POLITICAL SUBDIVISIONS, SO AS TO AUTHORIZE COUNTIES TO INCUR INDEBTEDNESS FOR THE PURPOSE OF REDEVELOPMENT AND THAT THIS DEBT SERVICE BE PROVIDED BY MEANS OF TAX INCREMENT FINANCING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. It is proposed that subsection (10), Section 14 of Article X of the Constitution of this State be amended to read:
"(10) Indebtedness payable solely from a revenue-producing project or from a special source, which source does not involve revenues from any tax or license, may be issued upon such terms and conditions as the General Assembly may prescribe by general law; provided, that the General Assembly may authorize by general law that indebtedness for the purpose of redevelopment within incorporated municipalities or counties may be incurred, and that the debt service of such the indebtedness be provided from the added increments of tax revenues to result from any such project. Any and all indebtedness Indebtedness incurred pursuant to the provisions of this subsection shall must contain a statement on the face thereof of it specifying the sources from which payment is to be made and shall must state that the full faith, credit, and taxing powers are not pledged therefor for it."
SECTION 2. The proposed amendment must be submitted to the qualified electors at the next general election for representatives. Ballots must be provided at the various voting precincts with the following words printed or written on the ballot:
"Shall subsection (10), Section 14 of Article X of the Constitution of this State be amended so as to authorize counties to incur indebtedness for the purpose of redevelopment and that this debt service be provided by means of tax increment financing?
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes' and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."
Pursuant to the provisions of the Constitution the yeas and nays were taken on the passage of the Joint Resolution, resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. 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, T.M. Carnell Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Fant Farr Ferguson Foster Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Jaskwhich Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Kohn Koon Lanford Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McCain McEachin McElveen McGinnis McLellan McLeod McTeer Neilson Nesbitt Nettles Quinn Rama Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Sturkie Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
Klapman
So, the Joint Resolution having received the necessary two-thirds vote, was passed and ordered to third reading.
The following Bills were taken up, read the second time, and ordered to a third reading:
S. 1045 -- Senator Giese: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF COLUMBIA MEDICAL SOCIETY OF RICHLAND COUNTY, SOUTH CAROLINA, INC.
S. 1047 -- Senator Setzler: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CAYCE-WEST COLUMBIA CIVITAN CLUB IN LEXINGTON COUNTY.
S. 1059 -- Senator Leatherman: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE FLORENCE SYMPHONY ORCHESTRA.
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.
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.
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.
Rep. WILKINS explained the Bill.
On motion of Rep. WAITES, with unanimous consent, it was ordered that S. 1045 be read the third time tomorrow.
On motion of Rep. KLAPMAN, with unanimous consent, it was ordered that S. 1047 be read the third time tomorrow.
On motion of Rep. McKAY, with unanimous consent, it was ordered that S. 1059 be read the third time tomorrow.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0036X), 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 40-57-270. (A) The fact or suspicion that a property may be or is psychologically impacted, as a result of facts or suspicions:
(1) that an occupant of real property is, or was at any time suspected to be, infected or has been infected with Human Immuno-deficiency Virus or diagnosed with Acquired Immune Deficiency Syndrome, or any other disease which has been determined by medical evidence to be highly unlikely to be transmitted through the occupancy of a dwelling place; or
(2) that the property was, or was at any time suspected to have been, the site of a homicide or other felony or a suicide;
is not a material fact that must be disclosed in a real estate transaction.
(B) No cause of action may arise against an owner of real estate or his agent for the failure to disclose to the transferee that the transferred property was psychologically impacted as defined in subsection (A) of this section.
(C) This section does not relieve an owner or agent of an obligation to disclose the physical condition of the premises.
(D) Nothing in this section immunizes an owner or his agent from making an intentional misrepresentation in response to a direct inquiry from a transferee or a prospective transferee of real property, concerning psychological impacts or stigmas associated with real property."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Wednesday, January 31, which was adopted.
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.
The following Bill was taken up.
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.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0362o).
Amend the bill, as and if amended, in Section 29-6-30 of the 1976 Code, as contained in Section 1, by inserting immediately after /contractor/ on line 34 of page 2 and after /payment,/ on line 42 of page 2 /by mailing via first class mail or delivering/.
When amended, Section 29-6-30 of the 1976 Code shall read:
/Section 29-6-30. When a contractor or a subcontractor has performed in accordance with the provisions of his contract, the owner shall pay the contractor by mailing via first class mail or delivering the undisputed amount of any pay request within twenty-one days of receipt by the owner of any pay request based upon work completed or service provided under the contract, and the contractor shall pay to his subcontractor and each subcontractor shall pay to his subcontractor, within seven days of receipt by the contractor or subcontractor of each periodic or final payment, by mailing via first class mail or delivering the full amount received for that subcontractor's work and materials based on work completed or service provided under the subcontract./
Amend the bill further, as and if amended, in Section 29-6-50 of the 1976 Code as contained in Section 1, by inserting immediately before /fraction/ on line 32 of page 3 /pro rata/.
When amended, Section 29-6-50 of the 1976 Code shall read:
/Section 29-6-50.If a periodic or final payment to a contractor is delayed by more than twenty-one days or if a periodic or final payment to a subcontractor is delayed by more than seven days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or subcontractor shall pay his contractor or subcontractor interest, beginning on the due date, at the rate of one percent a month or a pro rata fraction thereof on the unpaid balance as may be due./
Amend title to conform.
Rep. WILKINS explained the amendment and moved to adjourn debate upon the Bill until Tuesday, January 30, which was adopted.
The following Bill was taken up.
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0055X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 9-1-1620 of the 1976 Code is amended to read:
"Section 9-1-1620. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the System, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that if he dies within ten years from his retirement date, an amount equal to his accumulated contributions at retirement, less one one hundred twentieth thereof of the amount for each month for which he has received a retirement allowance payment, shall must be paid to his legal representatives or to such the person as he shall nominate nominates by written designation duly acknowledged and filed with the Board;
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue continues after his death to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the Board at the time of retirement, if such the person survives him;
Option 3. A reduced retirement allowance payable during the retired member's life, with the provision that it shall continue continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the Board at the time of retirement, if such the person survives him; or
Option 4. A Effective July 1, 1990, a retirement allowance of such the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount per a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. A member who makes an election in accordance with this option shall be deemed to have made a further election of Option 1 of this section; Cost-of-living and other special increases in benefits are not applied to the amount advanced under this option;
Option 5. A member may elect either Option 2 or 3 with the added provision that, in the event if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death shall must be equal to the retirement allowance which would have been payable had the member not elected the option.;
Option 6. A member may elect Option 2 or 3 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as each beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
Any member having elected Option 2, 3, or 5 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from his or her spouse, revoke the nomination and elect a new option effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option.
The Board is authorized to may approve a five-year, pay-out plan developed by the actuary on the basis of the total retirement allowance for surviving beneficiaries, other than a spouse."
SECTION 2. Section 9-9-70 of the 1976 Code is amended to read:
"Section 9-9-70. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing written application with the Board System, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent actuarial value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement.
Option 1. A reduced retirement allowance payable during the beneficiary's retired member's life, with the provision that the reduced allowance shall continue it continues after his death to and for the life of the contingent beneficiary, or the trustee of the beneficiary designated nominated by him by written designation duly acknowledged and filed with the Board at the time of retirement if the person survives him; in such application, if such contingent beneficiary survives him.
Option 2. A reduced retirement allowance payable during the beneficiary's retired member's life, with the provision that it continues after his death at one-half of the rate paid to him to and for the life of the beneficiary or the trustee of the beneficiary nominated by him by written designation duly acknowledged and filed with the Board at the time of retirement, if the person survives him the reduced allowance shall continue after his death to and for the life of the contingent beneficiary designated by him in such application, if such contingent beneficiary survives him.;
Option 3. A member may elect either Option 1 or 2 with the added provision that, in the event if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death shall must be equal to the retirement allowance which would have been payable had the member not elected the option.;
Option 4. A member may elect Option 1 or 2 with the added provision that the reduced retirement allowance after his death is payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as each beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
Any member having elected Option 1, 2, or 3 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from his or her spouse, revoke the nomination and elect a new option effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option.
A member may, upon occurrence of a change in his marital status after the date of retirement, revoke the form of payment elected and elect a new option effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option.
The Board is authorized to may approve a five-year, pay-out plan developed by the actuary on the basis of the total retirement allowance for surviving beneficiaries, other than a spouse."
SECTION 3. Section 9-11-150 of the 1976 Code is amended to read:
"Section 9-11-150. Until the first payment on account of a retirement allowance becomes normally due, any member or beneficiary may elect, by filing with the System, to convert the retirement allowance otherwise payable on his account after retirement into a retirement allowance of equivalent value under one of the optional forms named below, the retirement allowance under the option selected being due and payable on the date of retirement:
Option 1. A reduced retirement allowance payable during the retired member's life, with the provision that the reduced allowance shall continue continues after his death to and for the life of the beneficiary, or to the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the Board at the time of retirement, if such the person survives him; or
Option 2. A reduced retirement allowance payable during the retired member's life, with the provision that the reduced allowance shall continue it continues after his death at one-half the rate paid to him to and for the life of the beneficiary, or the trustee of the beneficiary, nominated by him by written designation duly acknowledged and filed with the Board at the time of retirement, if such the person survives him;
Option 3. Effective July 1, 1990, a A retirement allowance of such the amount that, with his benefit under Title II of the Federal Social Security Act, he will receive, so far as possible, approximately the same amount per a year before and after the earliest age at which he becomes eligible, upon application therefor, to receive a Social Security benefit. A member who makes an election in accordance with this option shall be entitled to a lump sum to be paid on death as provided in subsection (2) of Section 9-11-110 Cost-of-living and other special increases in benefits are not applied to the amount advanced under this Option;
Option 4. A member may elect either Option 1 or 2 with the added provision that, in the event if the designated beneficiary predeceases the member, the retirement allowance payable to the member after the designated beneficiary's death shall must be equal to the retirement allowance which would have been payable had the member not elected the option.;
Option 5. A member may elect Option 1 or 2 with the added provision that the reduced retirement allowance after his death must be payable in equal shares to and for the life of each of two or more beneficiaries, or to the trustee or trustees of the beneficiaries, for so long as the beneficiary survives him. The benefit reduction factor must be based on the average age of the beneficiaries.
Any member having elected Option 1, 2, or 4 and nominated his or her spouse to receive a retirement allowance upon the member's death may, after divorce from his or her spouse, revoke the nomination and elect a new option effective on the first day of the month in which the new option is elected, providing for a retirement allowance computed to be the actuarial equivalent of the retirement allowance in effect immediately prior to the effective date of the new option."
SECTION 4. Article 1, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-100. Payments made to beneficiaries pursuant to the provisions of this chapter may include payments to a person or persons, trustees, and estates."
SECTION 5. Chapter 9, Title 9 of the 1976 Code is amended by adding:
"Section 9-9-220. Payments made to beneficiaries pursuant to the provisions of this chapter may include payments to a person or persons, trustees, and estates."
SECTION 6. Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:
"Section 9-11-15. Payments made to beneficiaries pursuant to the provisions of this chapter may include payments to a person or persons, trustees, and estates."
SECTION 7. This act takes effect upon approval by the Governor./
Amend title to conform.
Renumber sections to conform.
Rep. MATTOS explained the amendment.
The amendment was then adopted.
Rep. P. HARRIS proposed the following Amendment No. 2 (Doc. No. 0057X), which was adopted.
Amend the Report of the Committee on Ways and Means, as and if amended, by striking SECTION 7 and inserting:
/SECTION 7. This act takes effect January 1, 1991, except that Option 4, as contained in Section 9-1-1620 of the 1976 Code and Option 3, as contained in Section 9-11-150 of the 1976 Code, take effect as stated in those options./
Renumber sections to conform.
Amend title to conform.
Rep. P. HARRIS 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. RUDNICK, with unanimous consent, it was ordered that H. 3132 be read the third time tomorrow.
The following Bill was taken up.
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0427o), which was tabled.
Amend the bill, as and if amended, by striking SECTION 3 and inserting:
/SECTION 3. Title 12 of the 1976 Code is amended by adding:
Compensation and Duties of County Auditors and Treasurers
Section 12-40-10. The compensation of any county auditor or treasurer may not be reduced during his term of office.
Section 12-40-20. County auditors and treasurers are also entitled to annual cost of living and merit pay salary increases that the governing body of a county provides to its classified county employees. These cost of living or merit pay increases must be paid by the county.
Section 12-40-30. A county governing body may not require a county auditor or treasurer to perform duties or functions not required by the provisions of the 1976 Code unless agreed to by the particular auditor or treasurer."/
Amend title to conform.
Rep. McLELLAN explained the amendment and moved to table the amendment, which was agreed to.
The Ways and Means Committee proposed the following Amendment No. 2 (Doc. No. 0482o), which was adopted.
Amend the bill, as and if amended, by striking SECTION 3 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. McLELLAN explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
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.
The Ways and Means Committee proposed the following Amendment No. 1 (Doc. No. 0056X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 6-5-10 of the 1976 Code is amended by adding:
"(6) Open-end No load open-end or closed-end management type investment companies or investment trusts registered under the Investment Company Act of 1940, as amended, where the investment is made by a bank or trust company or savings and loan association or other financial institution when acting as trustee or agent for a bond or other debt issue of that local government unit, political subdivision, or county treasurer if the particular portfolio of the investment company or investment trust in which the investment is made (i) is limited to obligations described in items (1), (2), and (5) of this subsection, and (ii) has among its objectives the attempt to maintain a constant net asset value of one dollar a share and to that end, value its assets by the amortized cost method."
SECTION 2. Section 12-45-220 of the 1976 Code is amended to read:
"Section 12-45-220. Whenever there is in the hands of any county treasurer of this State any sum of money not necessary for current expenses the county treasurer may invest or reinvest such funds in the following securities or investments that will secure the best interest for the county: (a)(1) Obligations of the United States and of its agencies and instrumentalities within the United States fully guaranteed both as to principal and interest by the United States; (2) Bonds or certificates of indebtedness of the State and of its agencies and its instrumentalities or certificates of deposit; (3) Shares of any building and loan association insured by an agency of the United States up to amount so insured; and (4) The provisions of this section shall not impair a county to hold funds in deposit accounts with banking institutions of this State. (b) The governing body may delegate the investment authority provided above to the county treasurer who shall thereafter assume full responsibility for such investment transactions until the delegation of authority terminates or is revoked. (c) The State Treasurer is authorized to assist local governments in investing funds that are temporarily in excess of operating needs. The interest, when collected, shall be added to the fund and paid out as other funds of the same sort are paid.
(A) A county treasurer may invest or reinvest any sum of money not necessary for current expenses in:
(1) obligations of the United States and its agencies;
(2) general obligations of this State or any of its political subdivisions;
(3) savings and loan associations if their deposits are insured by an agency of the federal government;
(4) certificates of deposit where the certificates are collaterally secured by securities of type described in items (1) and (2) of this subsection held by the third party as escrow agent or custodian, of a market value not less than the amount of the certificates of deposit so secured, including interest, but the collateral is not required to the extent the certificates of deposit reinsured by an agency of the federal government; or
(5) no load open-end or closed-end management type investment companies or investment trusts registered under the Investment Company Act of 1940, as amended, where the investment is made by a bank or trust company or savings and loan association or other financial institution when acting as trustee or agent for a bond or other debt issue of that county treasurer, if the particular portfolio of the investment company or investment trust in which the investment is (i) limited to obligations described in items (1) and (2) of this subsection, and (ii) have among its objectives the attempt to maintain a constant net asset value of one dollar a share and to that end, value its assets by the amortized cost method. The portfolio may also consist of repurchase agreements when collaterialized by obligations described in items (1) and (2) of this subsection.
(B) The governing body may delegate the investment authority provided above to the county treasurer who shall assume full responsibility for the investment transactions until the delegation of authority terminates or is revoked. (C) The State Treasurer may assist local governments in investing funds that are temporarily in excess of operating needs.
(D) All interest and other earnings, when collected, must be added to the fund and paid out as other funds of the same sort are paid."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KIRSH explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. J. ROGERS moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., January 25, 1990
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators Pope, MaCaulay and Wilson of the Committee of Conference on the part of the Senate on S. 595:
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.
Very respectfully,
President
No. 077
Received as information.
On motion of Rep. P. HARRIS, with unanimous consent, the following was taken up for immediate consideration:
H. 4492 -- Reps. P. Harris, J. Harris, Carnell and Mattos: A CONCURRENT RESOLUTION TO RECOGNIZE THE COMMUNITY AS THE PRIMARY LOCUS FOR SERVICE TO THE MENTALLY ILL.
Whereas, the Legislative-Governor's Committee on Mental Health and Mental Retardation commends the South Carolina Department of Mental Health for studying the future of service delivery for the mentally ill in South Carolina; and
Whereas, the State of South Carolina recognizes the right of the mentally ill to appropriate treatment in the least restrictive setting available. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly recognizes the community as the primary locus for service to the mentally ill.
Be it further resolved that a copy of this resolution be forwarded to Dr. Joseph J. Bevilacqua, State Commissioner of Mental Health.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4493 -- Reps. McLeod, Baxley, Blanding, G. Brown and McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE SAINT JAMES LUTHERAN CHURCH IN SUMTER UPON THE ONE HUNDREDTH ANNIVERSARY OF ITS ORGANIZATION, MARCH 11, 1990.
Whereas, Saint James Lutheran Church was organized on March 11, 1890 under the leadership of "Supply Pastor" Reverend F. W. E. Peschau, D.D., Pastor of St. Paul's Lutheran Church, Wilmington, North Carolina; and
Whereas, it was at the home of Mr. J. F. Laughery that six dedicated members met and formed the first congregation in Sumter. A constitution and bylaws were adopted and officers were elected. Services were held in various local churches, public halls, and private homes; and
Whereas, on October 18, 1892, Robert Alfred Brand deeded a corner lot for one dollar to the three trustees of Saint James Lutheran Church; and
Whereas, from 1893 to 1896 services were conducted at Saint James by seminarians from the Seminary at Mount Pleasant, Charleston. On February 1, 1896, Reverend J. C. Trauger took charge and during his stay the church building was built, and Saint James became a pastorate with nearby Saint Lukes at Florence; and
Whereas, in order to carry on its work in this community and continue its growth, the congregation had to relocate. In the fall of 1975 Saint James embarked on a successful Capital Funds Campaign to build an adequate church complex that would enable the congregation to grow; and
Whereas, on August 29, 1976, ground-breaking ceremonies signaled start of construction with the formal cornerstone laying held on March 27, 1977. The first service in the new building was held Sunday, November 20, 1977, with three hundred sixty-five present marking the beginning of a new era in the life of the congregation of Saint James. The present baptized membership totals four hundred seventy-two; and
Whereas, the forward growth of this congregation is due, with God's help, to the dedication and commitment of many individuals over the years as evidenced by the six ministers who have gone out from this fold, and a layman, Mr. Herbert W. Heyse, who was commissioned as a missionary teacher to Tanzania on September 1, 1968; and
Whereas, the theme, "Growing Together to Serve", adopted in 1975 for the building campaign, could well have been the theme of Saint James from its very beginning in 1890; and
Whereas, the Reverend Alvin H. Haigler accepted the call to become pastor on December 1, 1972, and remains today. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly recognize Saint James Lutheran Church in Sumter upon the one hundredth anniversary of its organization, March 11, 1990.
Be it further resolved that a copy of this resolution be forwarded to the Reverend Alvin H. Haigler.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committees:
H. 4494 -- Reps. Vaughn, Fant, Haskins, Blackwell, Mattos and Fair: A BILL TO REVISE THE MANNER IN WHICH THE MEMBERS OF THE BOARD OF TRUSTEES OF THE GREENVILLE HOSPITAL SYSTEM ARE SELECTED.
Rep. BLACKWELL asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. WILKINS objected.
Referred to Greenville Delegation.
H. 4495 -- Rep. Burch: A BILL TO REPEAL SECTION 17-13-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION AGAINST THE SERVICE OF CRIMINAL PROCESS ON SUNDAY.
Referred to Committee on Judiciary.
Rep. BAXLEY moved to adjourn debate upon the following Bill until Tuesday, January 30, which was adopted.
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.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
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.
S. 1103 -- Senator Martschink: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF THE GOOD EARTH, INC., IN CHARLESTON COUNTY.
H. 3691 -- Reps. Harvin, Keegan, Limehouse, G. Bailey, Harwell, Sharpe, McBride, Waites, Keyserling, Corning, Rama, Barfield, Nesbitt, Moss, Cooper, Wilkes, Townsend, J. Brown, J. Bailey, Mappus, Corbett, T.M. Burriss, P. Harris, Rhoad, Whipper, McLeod, Snow, Altman, L. Martin, Felder, Lockemy, Glover, Rudnick, Ferguson, Gordon, R. Brown, McGinnis, Mattos and Wells: A BILL TO AMEND SECTION 34-13-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIMITATIONS ON LOANS TO DIRECTORS AND OFFICERS OF BANKS INCORPORATED UNDER THE LAWS OF THIS STATE, SO AS TO PROVIDE THAT DIRECTORS AND OFFICERS OF STATE BANKS MAY BORROW OR OBTAIN CREDIT FROM THESE BANKS IN THE SAME MANNER AND UNDER THE SAME TERMS AND CONDITIONS THAT DIRECTORS AND OFFICERS OF NATIONAL BANKS ARE PERMITTED TO BORROW OR OBTAIN CREDIT FROM THESE NATIONAL BANKS AS PROVIDED BY LAW.
H. 3714 -- Rep. Mappus: A BILL TO AMEND SECTION 38-45-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR A RESIDENT TO BE LICENSED AS AN INSURANCE BROKER; AND TO AMEND SECTION 38-45-30, AS AMENDED, RELATING TO THE REQUIREMENTS FOR A NONRESIDENT TO BE LICENSED AS AN INSURANCE BROKER, SO AS TO REDUCE THE BOND REQUIREMENTS FROM FIFTY TO TEN THOUSAND DOLLARS.
Rep. KOHN explained the Bill.
H. 4132 -- Rep. J.W. Johnson: A BILL TO AMEND SECTION 24-21-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RESTITUTION CENTER PROGRAM, SO AS TO REVISE THE LENGTH OF TIME THE OFFENDER MUST BE IN THE PROGRAM FOR VARIOUS OFFENSES.
Rep. WILKINS explained the Bill.
H. 4200 -- Rep. Sheheen: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-1-145 SO AS TO PROVIDE A PROCEDURE FOR A PERSON HOLDING AN ELECTIVE PUBLIC OFFICE TO SUBMIT AN IRREVOCABLE RESIGNATION FROM HIS OFFICE TO BE EFFECTIVE ON A SPECIFIC DATE, REQUIRE AN ELECTION TO BE HELD TO FILL THE OFFICE AS IF THE VACANCY OCCURRED ON THE DATE THE IRREVOCABLE RESIGNATION IS SUBMITTED, AND PROVIDE THAT A NEWLY ELECTED OFFICIAL MAY NOT TAKE OFFICE UNTIL THE VACANCY ACTUALLY OCCURS; AND TO REPEAL ACT 294 OF 1988 RELATING TO THE PROCEDURE AUTHORIZED FOR AN ELECTED OFFICEHOLDER TO TENDER AN IRREVOCABLE RESIGNATION TO BE EFFECTIVE AT A FUTURE DATE.
H. 4258 -- Rep. R. Brown: A BILL TO AMEND SECTION 1-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TERMINATION DATES FOR PARTICULAR STATE AGENCIES AND THE REAUTHORIZATION OF THESE AGENCIES, SO AS TO DELETE THE SOUTH CAROLINA COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT FROM THE LIST OF AGENCIES WITH SPECIFIED TERMINATION DATES; AND TO AMEND SECTION 41-45-10, RELATING TO THE COORDINATING COUNCIL, SO AS TO PROVIDE THAT THE CHAIRMAN OF THE COUNCIL MUST BE APPOINTED BY THE GOVERNOR RATHER THAN BEING THE CHAIRMAN OF THE STATE DEVELOPMENT BOARD.
H. 3963 -- Reps. Hayes, Kirsh, Foster and Nesbitt: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "PARDON", SO AS TO PROVIDE THAT A PARDON OF A CONVICTION DOES NOT PRECLUDE THE CONVICTION RECORD FROM BEING CONSIDERED AS A PRIOR OFFENSE UNDER A STATUTE INCREASING THE PENALTY FOR A SUBSEQUENT OFFENSE.
H. 4220 -- Reps. P. Harris, Blackwell and Waldrop: A JOINT RESOLUTION TO DIRECT THE DIVISION OF HUMAN RESOURCE MANAGEMENT OF THE BUDGET AND CONTROL BOARD TO STUDY THE ADULT DAY CARE SERVICE NEEDS OF STATE EMPLOYEES WHO CURRENTLY ARE TAKING CARE OF FAMILY MEMBERS AND TO EXAMINE WAYS OF PROVIDING STATE-SUPPORTED ADULT DAY CARE SERVICES.
H. 4236 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 43-33-350, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS AND DUTIES OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, SO AS TO PROVIDE FOR THE INSPECTION OF A RESIDENTIAL FACILITY FOR DEVELOPMENTALLY DISABLED OR HANDICAPPED PERSONS.
On motion of Rep. DAVENPORT, with unanimous consent, it was ordered that H. 4428 be read the third time tomorrow.
On motion of The Charleston Delegation , with unanimous consent, it was ordered that S. 1103 be read the third time tomorrow.
On motion of Rep. DERRICK, with unanimous consent, it was ordered that H. 3691 be read the third time tomorrow.
On motion of Rep. MAPPUS, with unanimous consent, it was ordered that H. 3714 be read the third time tomorrow.
On motion of Rep. SHARPE, with unanimous consent, it was ordered that H. 4200 be read the third time tomorrow.
The following Bill was taken up.
H. 3441 -- Reps. Winstead and Holt: A BILL TO AMEND SECTION 29-15-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN FOR MATERIAL WHICH HAS BEEN REPAIRED OR STORED, SO AS TO REDUCE FROM SIXTY TO FIFTEEN DAYS THE PERIOD AFTER WHICH PROPERTY MAY BE SOLD AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR FAILURE TO PAY FOR THE STORAGE OR REPAIRS.
Rep. RUDNICK made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4300 -- Rep. Limehouse: A BILL TO AMEND SECTION 56-5-5015, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUNCREEN DEVICES ON MOTOR VEHICLES, SO AS TO INCREASE THE SIZE OF THE LABEL REQUIRED TO BE INSTALLED ON THE DEVICES FROM ONE AND ONE-HALF SQUARE INCH TO TWO SQUARE INCHES AND TO REQUIRE THE LABEL TO INCLUDE THE INSTALLER'S NAME, ADDRESS, AND TELEPHONE NUMBER INSTEAD OF THE MANUFACTURER'S NAME.
Rep. BLACKWELL made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 125 -- Senators Saleeby, Pope and McConnell: A BILL TO AMEND SECTION 56-10-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NOTIFICATION TO THE CHIEF COMMISSIONER OF THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION BY PROVIDERS OF INSURANCE OR SECURITY, SO AS TO REQUIRE THAT NOTIFICATION OF A LAPSE OR TERMINATION MUST BE IN WRITING WHICH MAY BE ACCOMPANIED BY AN ELECTRONIC COMPUTER TAPE CONTAINING THE NOTIFICATION; AND SECTION 56-10-240, AS AMENDED, 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 INSURER WHO GAVE THE CANCELLATION OR REFUSAL TO RENEW NOTICE TO FILE EVIDENCE THAT A VEHICLE IS INSURED BEFORE THE DEPARTMENT REISSUES REGISTRATION CERTIFICATES AND LICENSE PLATES.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 04390), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 36 of Act 148 of 1989 is amended to read:
"SECTION 36. Whenever a person furnishes proof of liability insurance, or surrenders or has his registration or license tags confiscated for failure to produce proof of insurance, after the Department of Highways and Public Transportation receives notice of the lapse or termination of the required liability insurance, the department shall compare the effective date of the lapse or termination with the date of the proof of insurance or the date of the confiscation or surrender. If the department determines there was a lapse in the required coverage the department shall assess, in addition to other fines or penalties imposed by the law, a per diem fine in the amount of five dollars. The department shall collect and keep this fine to defer the costs of the financial responsibility program. The fine provided for in this section and the two hundred dollar reinstatement fee pursuant to Section 56-10-240 of the 1976 Code must not be assessed if the person furnishes proof, as documented by his sworn statement, that the motor vehicle upon which the coverage has lapsed or been terminated has not been operated upon the roads, streets, or highways of this State during the lapse or termination, and the lapse or termination is due to military service or illness as documented by a signed physician's statement. The total amount of the fine provided for in this section may not exceed two hundred dollars for a first offense."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. T.C. ALEXANDER explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 410 -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-495 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MAY DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE UPON A FINDING THAT THE RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY, TO ALLOW THE COMMISSIONER TO DIVIDE OR COMBINE CLASSIFICATIONS UPON A FINDING THAT THE ACTION IS IN THE PUBLIC INTEREST, AND TO ALLOW THE COMMISSIONER TO REASSIGN A RISK CLASSIFICATION UPON A FINDING THAT A RISK IS INCORRECTLY CLASSIFIED.
Rep KOHN explained the Bill.
Further proceedings were interrupted by the House Assembly, the pending question being consideration of the Bill.
Rep. HUFF presented the State Class AAAA Champion North August High School Yellow Jacket Football Team, its Coaches and Cheerleaders and commended them for their accomplishments.
Rep. D. WILLIAMS moved that when the House adjourns it adjourn in memory of Maude Callen of Pineville, which was agreed to.
Debate was resumed on the following Bill, the pending question being the consideration of the Bill.
S. 410 -- Senators Land and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-495 SO AS TO PROVIDE THAT THE CHIEF INSURANCE COMMISSIONER MAY DISAPPROVE A PREVIOUSLY APPROVED RATE FOR A CLASSIFICATION OF WORKERS' COMPENSATION INSURANCE UPON A FINDING THAT THE RATE IS EXCESSIVE, INADEQUATE, OR UNFAIRLY DISCRIMINATORY, TO ALLOW THE COMMISSIONER TO DIVIDE OR COMBINE CLASSIFICATIONS UPON A FINDING THAT THE ACTION IS IN THE PUBLIC INTEREST, AND TO ALLOW THE COMMISSIONER TO REASSIGN A RISK CLASSIFICATION UPON A FINDING THAT A RISK IS INCORRECTLY CLASSIFIED.
The Bill was read the second time and ordered to third reading.
Further proceedings were interrupted by a Rules Committee Report.
The following was introduced:
H. 4496 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER H. 4423, RELATING TO ADDITIONAL CIRCUIT JUDGES AND OTHER JUDICIAL MATTERS, FOR SECOND READING OR OTHER CONSIDERATION AT 2:30 P.M. ON WEDNESDAY, JANUARY 31, 1990, AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF H. 4423 UNTIL THIRD READING OR OTHER DISPOSITION.
Be it resolved by the House of Representatives:
That H. 4423 is set by special order for second reading or other consideration at 2:30 p.m. on Wednesday, January 31, 1990, and continuing each legislative day immediately following the call of the uncontested calendar until H. 4423 is given third reading or it is otherwise disposed of.
Rep. McTEER explained the Resolution.
Reps. KIRSH and BAXLEY spoke against the Resolution.
Reps. McLELLAN and WASHINGTON spoke in favor of the Resolution.
The question then recurred to the adoption of the Resolution.
Rep. KIRSH demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, K. Baker Barber Beasley Bennett Blackwell Brown, J. Brown, R. Burch Burriss, T.M. Clyborne Cole Cooper Corbett Cork Corning Derrick Elliott Faber Fair Fant Farr Felder Ferguson Foster Glover Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keesley Keyserling Limehouse Manly Martin, D. Martin, L. Mattos McBride McEachin McElveen McKay McLellan McLeod McTeer Nesbitt Nettles Rhoad Rogers, J. Rogers, T. Sheheen Smith Snow Taylor Tucker Waites Washington Whipper White Wilder Wilkes Wilkins Williams, J. Winstead
Those who voted in the negative are:
Bailey, J. Barfield Baxley Boan Brown, H. Bruce Burriss, M.D. Carnell Chamblee Davenport Gentry Hallman Holt Keegan Kirsh Klapman Koon Lanford Littlejohn Mappus McAbee Neilson Quinn Rama Rudnick Sharpe Simpson Sturkie Townsend Vaughn Wells Wofford Wright
So, the Resolution was adopted.
The following Bill was taken up.
H. 3701 -- Rep. Felder: A BILL TO AMEND SECTION 59-26-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DUTIES OF THE STATE BOARD OF EDUCATION AND COMMISSION ON HIGHER EDUCATION CONCERNING TEACHER TRAINING PROGRAMS, SO AS TO INCREASE FROM THREE TO FOUR THE NUMBER OF TIMES AN UNDERGRADUATE MAJORING IN EDUCATION MAY TAKE THE BASIC SKILLS EXAMINATION AND PROVIDE CONDITIONS UPON WHICH THE EXAMINATION MAY BE TAKEN FOR THE FOURTH TIME AND TO REQUIRE THAT THE TEST BE ADMINISTERED AT LEAST TWICE YEARLY.
Rep. J.C. JOHNSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
H. 4190 -- Reps. Foster and Harvin: A JOINT RESOLUTION TO PROVIDE THAT FOR THE 1989-90 SCHOOL YEAR, A TOTAL OF FIVE DAYS MAY BE EXEMPTED FROM THE REQUIREMENT THAT DAYS MISSED BECAUSE OF BAD WEATHER BE MADE UP FOR DAYS MISSED AS A RESULT OF HURRICANE "HUGO" AND TO PROVIDE THAT ADDITIONAL DAYS MAY BE EXEMPTED FOR SCHOOL SYSTEMS THAT WERE SEVERELY DAMAGED AND DISRUPTED.
Rep. TOWNSEND made the Point of Order that the Joint Resolution was improperly before the House for consideration since printed copies of the Joint Resolution have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 3860 -- Reps. Manly, Wilkins, Blackwell, Jaskwhich, Mattos, M.O. Alexander, Clyborne, Baker, Fant, Fair and Vaughn: A BILL TO AMEND SECTION 7-11-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SUBSTITUTION OF CANDIDATES WHEN A PARTY NOMINEE DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, SO AS TO PROVIDE THAT THIS SECTION DOES NOT APPLY WHEN THE NOMINEE WAS NOMINATED BY PARTY PRIMARY ELECTION, AND TO AMEND THE 1976 CODE BY ADDING SECTION 7-11-55, SO AS TO REQUIRE A SPECIAL PRIMARY ELECTION TO FILL A VACANCY IN CASES WHERE A PARTY NOMINEE WHO WAS NOMINATED BY A PARTY PRIMARY ELECTION DIES, BECOMES DISQUALIFIED, OR RESIGNS FOR LEGITIMATE NONPOLITICAL REASONS, TO PROVIDE THAT IF THE RESULTS OF THE SPECIAL PRIMARY ELECTION ARE NOT CERTIFIED BEFORE THE GENERAL ELECTION, THAT OFFICE MUST NOT BE FILLED AT THE GENERAL ELECTION BUT MUST BE FILLED AT A SPECIAL ELECTION THEREAFTER, AND TO ALLOW OTHER POLITICAL PARTIES WHERE THE NOMINEE WAS UNOPPOSED TO NOMINATE A CANDIDATE FOR THE OFFICE INVOLVED IN A SPECIAL PRIMARY ELECTION IN THE MANNER PROVIDED IN THIS SECTION.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4174 -- Rep. McTeer: A BILL TO AMEND SECTION 7-13-1810, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MECHANICAL MODEL OF A PORTION OF THE FACE OF A VOTING MACHINE REQUIRED AT THE POLLS ON ELECTION DAY FOR THE INSTRUCTION OF VOTERS, SO AS TO ALLOW A PAPER FACSIMILE OF THE FACE OF THE VOTING MACHINE TO BE SUBSTITUTED FOR THE MODEL.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4201 -- Reps. Washington, J. Rogers, T. Rogers, K. Bailey, Blanding, J. Brown, Faber, Fant, Ferguson, Glover, Gordon, McBride, D. Martin, Taylor, Whipper, D. Williams, White, Foster and Harvin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-5-5 SO AS TO PROVIDE EQUAL RIGHTS IN PLACES OF ACCOMMODATION, RESORT, OR AMUSEMENT AND TO PROVIDE PENALTIES FOR VIOLATION.
The Committee on Judiciary proposed the following Amendment No. 1 (Doc. No. 0191X), which was adopted.
Amend the bill, as and if amended, by striking Section 16-5-5(A), as contained in SECTION 1, and inserting:
/(A) All persons within the jurisdiction of this State are entitled to the full and equal accommodations, advantages, facilities, and privileges of places of public accommodations, resort, or amusement, subject only to the conditions and limitations established by law and applicable to all persons. No owner, lessee, proprietor, manager, superintendent, agent, or employee of any such place directly or indirectly may refuse, withhold from, or deny to a person any of the accommodations, advantages, facilities, or privileges of the place, or directly or indirectly publish, circulate, issue, display, post, or mail a written or printed communication, notice, or advertisement to the effect that any of the accommodations, advantages, facilities, and privileges of the place may be refused, withheld from, or denied to a person because of race, creed, color, or national origin, or that the patronage or custom at the place of a person belonging to or purporting to be of a particular race, creed, color, or national origin is unwelcome, objectionable, or not acceptable, desired, or solicited. The production of a written or printed communication, notice, or advertisement purporting to relate to any such place and to be made by the owner, lessee, proprietor, superintendent, or manager of the place is presumptive evidence in a civil or criminal action that the communication, notice, or advertisement was authorized by that person. A place of public accommodation, resort, or amusement within the meaning of this article includes inns, taverns, road houses, hotels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation, rest, or restaurants, eating houses, or places where food is sold for consumption on the premises; buffets, saloons, barrooms, or a store, park, or enclosure where spirituous or malt liquors are sold; ice cream parlors, confectioneries, soda fountains, and all stores where ice cream, ice, and fruit preparations or their derivatives, or where beverages of any kind, are retailed for consumption on the premises; retail stores and establishments, dispensaries, clinics, hospitals, bath-houses, barbershops, beauty parlors, theaters, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, fairs, bowling alleys, golf courses, gymnasiums, shooting galleries, billiard and pool parlors, public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the supervision of this State; and a public library, kindergarten, primary and secondary school, academy, college and university, professional school, extension course, or other educational facility, supported in whole or in part by public funds or by contributions solicited from the general public; garages and all public conveyances, operated on land or water, as well as the stations and terminals of them; public halls and public elevators of buildings and structures occupied by two or more tenants, or by the owner and one or more tenants. With regard to institutions for the care of neglected or delinquent children supported directly or indirectly, in whole or in part, by public funds, no accommodations, advantages, facilities, and privileges of the institutions may be refused, withheld from, or denied to a person because of race or color. Nothing contained in this section may be construed to include an institution, club, or place of accommodation which is in its nature distinctly private or to prohibit the mailing of a private communication in writing sent in response to a specific written inquiry. An institution, club, organization, or place of accommodation which offers memberships for periods of less than thirty days may not be construed as private within the meaning of this section.
No institution, club, organization, or place of accommodation which sponsors or conducts an amateur athletic contest or sparring exhibition and advertises or bills the contest or exhibition as a South Carolina state championship contest or uses the words 'South Carolina State' in its announcements is a private exhibition within the meaning of this section./
Amend title to conform.
Rep. WILKINS explained the amendment.
The amendment was then adopted.
Rep. Wilkins proposed the following Amendment No. 2 (Doc. No. 231X), which was adopted.
Amend the bill, as and if amended, Section 16-5-5(A), as contained in SECTION 1, on the last line of page 2, by striking /presumptive/.
Renumber sections to conform.
Amend title to conform.
Rep. WILKINS 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. KLAPMAN, with unanimous consent, it was ordered that H. 4201 be read the third time tomorrow.
The following Bill was taken up.
H. 4235 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO REPEAL SECTION 44-9-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE USE OF A TAX ON ALCOHOLIC LIQUORS FOR ALCOHOL AND DRUG ADDICT TREATMENT FACILITIES, SECTION 44-9-140, RELATING TO THE EXEMPTION FOR CERTAIN FACILITIES FROM THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS, SECTION 44-9-150, RELATING TO THE INAPPLICABILITY OF THE DEPARTMENT OF MENTAL HEALTH CODE PROVISIONS TO A LICENSED GENERAL HOSPITAL, SECTION 44-11-50, RELATING TO STATE TRAINING SCHOOLS FOR MENTAL HEALTH, SECTION 44-11-100, RELATING TO FINANCIAL BENEFITS FOR AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF MENTAL HEALTH OR A MENTAL HEALTH FACILITY FROM A CONTRACT OR PURCHASE BY A FACILITY, ARTICLE 3, CHAPTER 15, TITLE 44, RELATING TO THE COASTAL EMPIRE MENTAL HEALTH BOARD, ARTICLE 5, CHAPTER 15, TITLE 44, RELATING TO THE MENTAL HEALTH CENTER FOR DARLINGTON AND FLORENCE COUNTIES, SECTION 44-17-830, RELATING TO THE DISCHARGE AND RIGHTS OF A PERSON DISCHARGED BY THE DEPARTMENT OF MENTAL HEALTH, AND ARTICLE 7, CHAPTER 23, TITLE 44, RELATING TO THE HOSPITALIZATION OF A PERSON ACQUITTED BY A JURY ON THE GROUND OF INSANITY.
Rep. KLAPMAN made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
H. 4241 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND SECTION 44-21-840, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS AND DUTIES OF COUNTY MENTAL RETARDATION BOARDS, SO AS TO REVISE CERTAIN OF THESE POWERS AND DUTIES AND TO ADD ADDITIONAL POWERS AND DUTIES.
Rep. J.W. JOHNSON made the Point of Order that the Bill was improperly before the House for consideration since printed copies of the Bill have not been upon the desks of the members for one day.
The SPEAKER sustained the Point of Order.
Rep. WHIPPER asked unanimous consent to recall H. 3100 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. M.D. BURRISS objected.
The Senate amendments to the following Bill were taken up for consideration.
H. 3619 -- Reps. Wright, Hearn, Quinn, Lanford, Littlejohn, Wofford, Vaughn and Jaskwhich: A BILL TO AMEND SECTIONS 7-13-430 AND 7-13-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE NUMBER OF BALLOTS REQUIRED TO BE PROVIDED AT VOTING PRECINCTS IN GENERAL AND PRIMARY ELECTIONS, SO AS TO REQUIRE POLL MANAGERS TO PROVIDE BALLOTS MADE AS NEARLY AS POSSIBLE IN THE FORM OF OFFICIAL BALLOTS IF SUFFICIENT OFFICIAL BALLOTS ARE NOT PROVIDED AND TO MAKE FAILURE TO PROVIDE SUCH BALLOTS WHEN NECESSARY A CRIMINAL OFFENSE PUNISHABLE AS WILFUL NEGLECT OR CORRUPT CONDUCT OF A POLL MANAGER.
The House refused to agree to the Senate amendments.
Rep. WILKINS moved to reconsider the vote whereby the House non-concurred in the Senate amendments to H. 3619 and the motion was noted.
The following Concurrent Resolution was taken up.
S. 532 -- Senators Mitchell, Gilbert, Patterson, Matthews, Fielding and Nell W. Smith: A CONCURRENT RESOLUTION TO REQUEST THE STATE DEPARTMENT OF EDUCATION TO STUDY AND DEVELOP CRITERIA TO PROVIDE APPROPRIATE RECOGNITION FOR SCHOOL TEACHERS, ADMINISTRATORS, AND EMPLOYEES WHO HAVE ACHIEVED OUTSTANDING ACCOMPLISHMENTS DURING THEIR CAREERS, INCLUDING EXEMPLARY ATTENDANCE RECORDS.
Whereas, there are many school teachers, administrators, and employees who have been dedicated and efficient during long careers; and
Whereas, the members of the General Assembly believe that these public servants have not received the accolades they deserve. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the State Department of Education is requested to study and develop criteria to properly recognize school teachers, administrators, and employees who have made outstanding contributions to the education of the children and youth of their districts and the State.
Be it further resolved that the department is requested to make a report of its decisions to the General Assembly in the 1990 session.
The Education and Public Works Committee proposed the following Amendment No. 1 (Doc. No. 0158X), which was adopted.
Amend the resolution, as and if amended, by striking on the last line /early/ so that when amended the second paragraph following the resolving words shall read:
/Be it further resolved that the department is requested to make a report of its decisions to the General Assembly in the 1990 session./
Amend title to conform.
The Concurrent Resolution, as amended, was adopted and ordered returned to the Senate.
The following Concurrent Resolution was taken up.
H. 4094 -- Reps. Lockemy, Harwell, J. Rogers, Beasley, Neilson and Baxley: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 9 BYPASS IN DILLON COUNTY IN MEMORY OF GEORGE TILLMAN RADFORD, A TROOPER WITH THE SOUTH CAROLINA HIGHWAY PATROL WHO WAS TRAGICALLY KILLED ON OCTOBER 30, 1988.
Whereas, George Tillman Radford was a sixteen-year veteran with the State Highway Patrol; and
Whereas, Trooper Radford was originally assigned from patrol school to Lake City on December 17, 1972; and
Whereas, he was promoted to Trooper First Class on June 2, 1974; and
Whereas, he was transferred from Lake City to Dillon on November 18, 1973; and
Whereas, on the night of October 29, 1988, he stopped a vehicle on a primary route in Dillon County because the vehicle had an improper light; and
Whereas, after the driver of the vehicle had been arrested because of another infraction learned after he was stopped and en route to jail, Trooper Radford was senselessly murdered by the person whom he had arrested; and
Whereas, this tragic death of George T. Radford at the age of forty-two has left a void which was felt by all with whom Trooper Radford came in contact; and
Whereas, this valued police officer is survived by a wife and daughter. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the Department of Highways and Public Transportation is requested to designate that portion of South Carolina Highway 9 Bypass in Dillon County from I-95 to U. S. 301, approximately one mile, as the George T. Radford Memorial Boulevard.
Be it further resolved appropriate markers be erected to indicate this boulevard.
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. 4330 -- Reps. O. Phillips, Carnell and L. Martin: A CONCURRENT RESOLUTION TO MEMORIALIZE THE CONGRESS TO ENACT WITHOUT DELAY APPROPRIATE LEGISLATION WHICH WOULD LIMIT THE AMOUNT OF TEXTILE AND APPAREL IMPORTS INTO THE UNITED STATES.
Whereas, the members of the General Assembly of South Carolina have regretfully learned that the year 1989 was a record year for textile and apparel imports with a thirteen percent increase in textile and apparel imports over those in 1988; and
Whereas, the textile and apparel trade deficit also grew eight percent to $26.4 billion dollars which now comprises twenty-four percent of the total U.S. trade deficit. Also, while textile and apparel imports increased thirteen percent, the domestic market for these products increased only four percent which resulted in increased pressure on domestic manufacturers; and
Whereas, another adverse effect of the tremendous increase in textile imports is the fact that employment in the textile industry dropped three percent last year which continues the unfortunate pattern of decreased employment in the American textile industry; and
Whereas, these problems with growing imports will continue well into the 1990's unless the federal government deals effectively with this serious threat to our national economy; and
Whereas, the textile industry is vital to our nation's economy and the members of the General Assembly believe that it is critical that the federal government promote and insure a healthy future for this industry and its workers through appropriate legislation restricting the amount of textile imports which can be brought into the United States. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly of South Carolina memorialize the Congress to enact without delay appropriate legislation which would limit the amount of textile and apparel imports into the United States.
Be it further resolved that a copy of this resolution be forwarded to the President of the United States, to the United States Senate and House of Representatives, and to each member of the United States Senate and House of Representatives from South Carolina.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
H. 4399 -- Reps. Holt, Winstead, Washington, Whipper, 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.
Whereas, the Honorable Clyde Moultrie Dangerfield served with great distinction as a member of the House of Representatives from Charleston County for more than thirty-five years; and
Whereas, he headed the Labor, Commerce and Industry Committee of the House as its unselfish and impartial chairman for many years; and
Whereas, he was one of the most dedicated and admired individuals ever to serve in the General Assembly; and
Whereas, the members of the General Assembly believe that his outstanding service to the citizens of Charleston County and the State of South Carolina deserves public recognition. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly of the State of South Carolina, by this resolution, requests 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.
Be it further resolved that the department is requested, with advice from the Charleston County Legislative Delegation, to plan and conduct a suitable dedication ceremony and to install appropriate markers or signs at places on the Isle of Palms connector it considers advisable indicating that the connector is named in honor of Clyde Moultrie Dangerfield.
Be it further resolved that the department be reimbursed for expenses incurred in accordance with Section 57-1-45 of the 1976 Code of Laws.
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. 841 -- Senators Passailaigue, Bryan, Giese, Helmly, Leatherman, Lindsay, McConnell, Rose, Setzler, Horace C. Smith, J. Verne Smith, Stilwell, Thomas, Mitchell and Wilson: A CONCURRENT RESOLUTION TO MEMORIALIZE THE COMMISSIONER OF BASEBALL TO REINSTATE "SHOELESS JOE" JACKSON AS A MEMBER IN GOOD STANDING IN PROFESSIONAL BASEBALL.
Whereas, nearly seventy years have elapsed since the scandal of the 1919 World Series; and
Whereas, although the story has frequently seen print, fact and fancy have been so confused that today it still is not known what actually took place; and
Whereas, Joe Jackson was acquitted of all charges of conspiracy by a jury of "twelve good men and true"; and
Whereas, although set aside by the judge, a jury verdict against the Chicago White Sox was awarded him for the balance of his contract; and
Whereas, the fact that his fielding average for the Series of 1919 was perfect and the fact that in that Series he set a record of twelve hits for a World Series offer strong evidence that he was no party to a conspiracy to "throw" the Series; and
Whereas, he suffered lifelong ignominy as a result of the scandal of 1919 and his subsequent banishment from organized baseball; and
Whereas, seventy years is far too long for any man or the memory of him to be tainted for an act as to which strong evidence exists that it was never committed by him; and
Whereas, Joe Jackson was active in civic matters, particularly in programs for the benefit of young boys, after his return to private life; and
Whereas, the General Assembly of South Carolina recognizes the desire of the family, friends and baseball fans, who have loyally supported "Shoeless Joe", that he be exonerated; and
Whereas, the General Assembly of South Carolina believes him to have been innocent of any conspiracy to "throw" the World Series of 1919; and
Whereas, although he is now deceased, the General Assembly feels that he should be exonerated by baseball as he was exonerated in both criminal and civil courts. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the General Assembly of the State of South Carolina, by this resolution, recognizes that "Shoeless Joe" Jackson was exonerated of any wrong doing in the 1919 World Series in both criminal and civil courts and, therefore, the Commissioner of Baseball is memorialized to reinstate "Shoeless Joe" Jackson as a member in good standing in organized baseball.
Be it further resolved that copies of this resolution be forwarded to the Commissioner of Baseball, the President of the American Baseball League, the President of the National Baseball League and the family of Joe Jackson.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 844 -- Senators Rose, Bryan, Courson, Drummond, Fielding, Giese, Gilbert, Hayes, Helmly, Hinds, Hinson, Holland, Land, Leatherman, Lee, Leventis, Lindsay, Long, Lourie, Macaulay, Martin, Martschink, Matthews, McConnell, McGill, McLeod, Mitchell, Moore, Mullinax, O'Dell, Passailaigue, Patterson, Peeler, Pope, Russell, Saleeby, Setzler, Horace C. Smith, J. Verne Smith, Nell W. Smith, Stilwell, Thomas, Waddell, Williams and Wilson: A CONCURRENT RESOLUTION TO EXPRESS SUPPORT FOR THE CHINESE PEOPLE SEEKING FREEDOM AND DEMOCRACY AND TO DEPLORE THE VIOLENT REPRESSION OF PEACEFUL DEMONSTRATIONS AND TO ASK FREEDOM LOVING PEOPLE EVERYWHERE TO DENOUNCE THE TRANSGRESSIONS WHICH HAVE BEEN COMMITTED AGAINST THE CHINESE.
Whereas, Chinese citizens involved in the freedom movement have asked for democratic reforms of their Communist government in an effort to obtain freedom, improve their lives, and be released from the shackles of their oppressive government; and
Whereas, the Communist Chinese government chose to respond to the demonstrations for reform with tanks, armored vehicles, armed soldiers, and sprays of gunfire bringing death and injury to an estimated three thousand people; and
Whereas, there is a need for the free peoples of the world to support this historic struggle for democratic ideals and to condemn the barbaric and unnecessary violence which shamefully has been imposed on the lives of Chinese people; and
Whereas, leaders of the pro democratic movement in China have been arrested and freedom of the press supressed, supporters of this movement for freedom in China hope that the recent quelling of the demonstrations will not quash the pursuit of democratic ideals for which the demonstrators have so valiantly strived. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That support is expressed for the Chinese citizens seeking freedom and democracy, that those who wrought violence upon peaceful demonstrators are deplored and that the transgressions which have been committed against the Chinese are denounced by freedom loving people everywhere.
Be it further resolved that a copy of this resolution be forwarded to the Chinese Embassy in Washington, D. C.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following Concurrent Resolution was taken up.
S. 1014 -- Senators McLeod, Lourie and Nell W. Smith: A CONCURRENT RESOLUTION TO MEMORIALIZE THE UNITED STATES CONGRESS EITHER TO REDUCE SOUTH CAROLINA MEDICARE PREMIUMS OR TO EQUALIZE BENEFITS TO PERSONS ACROSS THE NATION AND TO PROTECT MEDICARE IN ITS BUDGET DELIBERATIONS FOR FISCAL YEAR 1991.
Whereas, Medicare was established by the federal government in 1965 for the purpose of creating a federal financing system that would provide elderly Americans with affordable access to health care services; and
Whereas, Medicare beneficiaries in South Carolina pay social security premiums equal to persons in all other states, yet receive significantly less in benefits; and
Whereas, the Medicare program originally contained features that provided "unusual, customary, and reasonable" reimbursement for services and minimized the program's impact on the then existing health care system; and
Whereas, the South Carolina Medical Association and the American Medical Association have encouraged the United States Congress to address an indemnity payment schedule, which reflects valid and demonstrable geographic differences in practice costs and is based on an appropriate relative value scale, as a more acceptable Medicare payment system; and
Whereas, it is important that the current funding level for Medicare is maintained; and
Whereas, the United States Congress should keep its promise to provide high quality health care for the nation's elderly and disabled; and
Whereas, it is especially fitting that Congress take this action on the occasion of Medicare's twenty-fifth anniversary. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly memorialize the United States Congress either to reduce South Carolina Medicare premiums or to equalize benefits to persons across the nation and to protect Medicare in its budget deliberations for Fiscal Year 1991.
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.
Rep. HUFF moved to dispense with the Motion Period.
As a first substitute Rep. BRUCE moved to recall H. 3210 from the Education and Public Works Committee.
As a second substitute Rep. McEACHIN moved to recall H. 3171 from the Agriculture and Natural Resources Committee.
Rep. WINSTEAD moved that the House do now adjourn.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, T.C. Altman Bailey, J. Bailey, K. Barfield Beasley Bennett Boan Brown, H. Brown, J. Burriss, M.D. Burriss, T.M. Carnell Chamblee Cooper Derrick Faber Fair Ferguson Glover Harris, P. Hodges Holt Huff Johnson, J.W. Kay Keesley Kirsh Klapman Koon Limehouse Mappus Martin, L. Mattos McAbee McBride McCain McLellan Nesbitt Phillips Rhoad Rogers, J. Rudnick Sharpe Simpson Smith Snow Sturkie Taylor Whipper Wilder Wilkes Wilkins Winstead
Those who voted in the negative are:
Alexander, M.O. Bailey, G. Baker Barber Baxley Blanding Brown, G. Brown, R. Bruce Burch Clyborne Cole Corbett Cork Corning Davenport Elliott Fant Farr Felder Gentry Hallman Harris, J. Harrison Harwell Haskins Hayes Hendricks Jaskwhich Johnson, J.C. Keegan Keyserling Kohn Lanford Littlejohn Manly Martin, D. McEachin McElveen McLeod McTeer Neilson Quinn Rama Rogers, T. Sheheen Vaughn Waites Washington Wells White Wofford Wright
So, the motion to adjourn was agreed to.
Further proceedings were interrupted by adjournment, the pending question being consideration of the motion to recall H. 3171 from the Agriculture and Natural Resources Committee.
The Senate returned to the House with concurrence the following:
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.
H. 4449 -- Rep. Bruce: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE GENERAL ASSEMBLY TO THE FAMILY AND FRIENDS OF THE LATE CURTIS W. ANDERSON OF SPARTANBURG COUNTY.
H. 4482 -- Rep. McCain: A CONCURRENT RESOLUTION EXPRESSING THE SYMPATHY OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE RECENT DEATH OF MRS. HARRY DELLE THOMPSON CONE OF ORANGEBURG IN ORANGEBURG COUNTY, BELOVED WIFE OF DR. G. PRESTON CONE, SR., AND MOTHER OF DR. GEORGE P. CONE, JR., AND HARRY T. CONE, ESQUIRE.
H. 4488 -- Reps. McBride, T. Rogers, M.D. Burriss, Quinn, Faber, Corning, Waites, J. Brown, Taylor, Harrison and T.M. Burriss: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF CHRISTOPHER DONNIAL SHARPER OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4489 -- Reps. McBride, T. Rogers, M.D. Burriss, Quinn, Faber, T.M. Burriss, Waites, J. Brown, Taylor, Corning and Harrison: A CONCURRENT RESOLUTION EXPRESSING THE DEEPEST SORROW OF THE MEMBERS OF THE GENERAL ASSEMBLY AT THE DEATH OF TYSKI REANARD GABRIEL OF RICHLAND COUNTY AND EXTENDING HEARTFELT SYMPATHY TO HIS FAMILY AND FRIENDS.
H. 4490 -- Reps. Farr and Phillips: A CONCURRENT RESOLUTION CONGRATULATING SHERIFF WILLIAM A. JOLLY OF UNION COUNTY ON BEING ELECTED PRESIDENT OF THE SOUTH CAROLINA SHERIFFS' ASSOCIATION FOR 1990-91.
H. 4493 -- Reps. McLeod, Baxley, Blanding, G. Brown and McElveen: A CONCURRENT RESOLUTION TO RECOGNIZE SAINT JAMES LUTHERAN CHURCH IN SUMTER UPON THE ONE HUNDREDTH ANNIVERSARY OF ITS ORGANIZATION, MARCH 11, 1990.
At 11:55 A.M. the House in accordance with the motion of Rep. D. WILLIAMS adjourned in memory of Maude Callen of Pineville to meet at 10:00 A.M. tomorrow.
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