Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by Bishop David B. Thompson, Catholic Bishop of the Diocese of Charleston:
Lord God, let the light of Your divine wisdom direct the deliberations of this General Assembly.
Let it shine forth in the laws and proceedings framed for our rule and guidance, that those laws may tend to the preservation of peace, the promotion of statewide happiness, the increase of industry and useful learning, and the perpetuation of the blessings of liberty.
Bless, Lord, the Governor of South Carolina, the Members of this House, and other officials who guard our political welfare, that they may be enabled by Your powerful protection to discharge their respective duties with honesty and ability now and in the days to come. 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.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 3603 -- Reps. Keegan, Farr, Barfield and Stoddard: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-17-655 SO AS TO PROHIBIT DWARF TOSSING.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4202 -- Reps. Vaughn, Baker, Fair, Snow, Cooper, Blackwell, Rudnick, Haskins and Moss: A BILL TO AMEND SECTION 30-4-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INSPECTION AND COPYING OF PUBLIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT AND THE FEES A PUBLIC BODY MAY COLLECT FOR MAKING COPIES OF THESE RECORDS, SO AS TO PROVIDE THAT IF PARTICULAR RECORDS OR DOCUMENTS ARE FURNISHED TO A PERSON WITHOUT CHARGE OR AT A REDUCED FEE, THE SAME RECORDS OR DOCUMENTS MUST BE FURNISHED TO ALL PERSONS REQUESTING THEM WITHOUT CHARGE OR AT THAT REDUCED FEE, AND TO PROVIDE THAT IF A FEE OR HIGHER FEE HAS PREVIOUSLY BEEN CHARGED, IT MUST BE REFUNDED TO THE APPROPRIATE PERSON WHO EARLIER WAS CHARGED THE FEE OR HIGHER FEE.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
H. 4559 -- Rep. Hodges: A BILL TO AMEND SECTION 20-7-1350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUNISHMENT OF CONTEMPT OF COURT FOR A PERSON WHO WILFULLY VIOLATES A LAWFUL ORDER OF THE COURT TO MAKE CHILD SUPPORT PAYMENTS, SO AS TO PROVIDE THAT A PERSON SENTENCED TO IMPRISONMENT UNDER THE PROVISIONS OF THIS SECTION MAY EARN GOOD TIME AND WORK CREDITS AND PARTICIPATE IN A WORK/PUNISHMENT PROGRAM.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4661 -- Reps. Nettles, Keesley, Cole and Tucker: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215 SO AS TO PROVIDE FOR CRIMES INVOLVING THE FURNISHING OF CONTRABAND TO AND POSSESSING OF CONTRABAND BY A JUVENILE COMMITTED TO THE CUSTODY OF THE DEPARTMENT OF YOUTH SERVICES, DEFINE JUVENILE AND CONTRABAND, AND PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSE PROVIDED FOR IN THIS ACT.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
H. 4729 -- Rep. Gentry: A BILL TO AMEND SECTION 8-21-765, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALARIES OF PROBATE JUDGES, SO AS TO PROVIDE THAT THE ANNUAL COST OF LIVING INCREASE OF A PROBATE JUDGE OF A COUNTY MUST EITHER BE THE COST OF LIVING INCREASE GIVEN TO STATE EMPLOYEES IN THE PREVIOUS FISCAL YEAR OR THE INCREASE PROVIDED TO EMPLOYEES OF THAT COUNTY DURING THE CURRENT YEAR, WHICHEVER IS GREATER.
Ordered for consideration tomorrow.
Rep. WILKINS, from the Committee on Judiciary, submitted a favorable report, on:
S. 938 -- Senators Bryan, Hayes, Peeler, Fielding and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-52-165 SO AS TO PROVIDE FOR OFFENSES INVOLVING THE USE OF ALCOHOLIC BEVERAGES, CONTROLLED SUBSTANCES, FIREARMS, AND DANGEROUS WEAPONS BY A PATIENT RECEIVING INPATIENT SERVICES FROM THE DIVISION OF ALCOHOL AND DRUG ADDICTION SERVICES OF THE DEPARTMENT OF MENTAL HEALTH AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO CRIMES CLASSIFIED AS FELONIES, SO AS TO INCLUDE THE FELONY OFFENSES PROVIDED FOR IN THIS ACT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 3944 -- Reps. T.M. Burriss and Cork: A BILL TO AMEND SECTION 61-9-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF BEER AND WINE, SO AS TO PROVIDE FOR SUCH SALES AT SPORTING EVENTS OF NONPROFIT ENTITIES UPON THE CONSENT OF THEIR RESPECTIVE GOVERNING BODIES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4394 -- Rep. Corning: A BILL TO AMEND ACT 466 OF 1988, RELATING TO THE LONG TERM CARE INSURANCE ACT, APPROVAL OF REGULATIONS, TERMS AND CONDITIONS APPLICABLE TO LONG TERM CARE INSURANCE POLICY AND GROUP POLICY, AND ADVERTISING RESTRICTIONS, SO AS TO PROVIDE THAT NO INSURER IS REQUIRED TO OFFER CERTAIN NECESSARY CARE IN THE HOME OR COMMUNITY UNDER CERTAIN CONDITIONS, TO PROVIDE THAT THE INSURER MAY OFFER THIS COVERAGE FOR THE INSURED'S OPTION BY MEANS OF A RIDER TO THE POLICY ISSUED, AND TO PROVIDE AN EXCEPTION FOR OFFERING THE RIDER.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4452 -- Reps. Boan, Kohn, McElveen, McLellan and Taylor: A BILL TO AMEND SECTION 38-13-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INQUIRIES OF AN INSURER BY THE INSURANCE COMMISSIONER, SO AS TO INCLUDE THE WORK PAPERS AND DRAFT REPORTS OF EXAMINERS IN THE CONFIDENTIALITY PROVISION AND PROVIDE THAT THE PAPERS AND REPORTS AS WELL AS THE REPLIES BY THE INSURER ARE NOT SUBJECT TO DISCLOSURE.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
H. 4611 -- Reps. Boan, Kohn, McElveen, McLellan, Taylor and Harvin: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 543 -- Senators Horace C. Smith and Stilwell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-7-1075, SO AS TO ALLOW A SELLER TO CONVEY A SUBDIVISION LOT PURSUANT TO A PLAT UNAPPROVED BY THE APPROPRIATE PLANNING COMMISSION AND UNRECORDED IN THE APPROPRIATE OFFICE BY MEANS OF A CONDITIONAL SALES CONTRACT VOIDABLE BY THE PURCHASER IF THE PLAT IS NOT APPROVED AND RECORDED WITHIN ONE YEAR OF THE EXECUTION OF THE CONTRACT AND IF THE CONSIDERATION OF THE CONDITIONAL SALE IS HELD IN ESCROW IN A FEDERALLY INSURED ACCOUNT IN A FINANCIAL INSTITUTION PENDING TIMELY APPROVAL AND RECORDING OF THE PLAT AND SUBJECT TO RETURN OF THE CONSIDERATION TO A PURCHASER WHO VOIDS THE CONTRACT ON THE SELLER'S FAILURE TO MEET THE APPROVAL AND RECORDING TIME LIMIT; AND TO AMEND SECTION 6-7-1080, RELATING TO THE OFFENSE OF SELLING LOTS BY REFERENCE TO AN UNAPPROVED AND UNRECORDED PLAT, SO AS TO EXEMPT FROM THE OFFENSE LOTS SOLD PURSUANT TO THE CONDITIONAL SALES CONTRACT AUTHORIZED IN SECTION 6-7-1075 AS ADDED BY THIS ACT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 832 -- Senators Martschink, McConnell, Passailaigue, Helmly, Hinds, Gilbert, Pope, Bryan, Setzler, Stilwell, Long, Thomas, Nell W. Smith, Lee, Wilson, Rose, Moore, Leventis, Leatherman, Mullinax, O'Dell, Courson, J. Verne Smith, Macaulay and Peeler: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 904 -- Senator Saleeby: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 6 SO AS TO ENACT THE SOUTH CAROLINA UNIFORM MANAGEMENT OF INSTITUTIONAL FUNDS ACT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, with amendments, on:
S. 946 -- Senator Passailaigue: A BILL TO AMEND SECTION 29-15-90, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LIEN OF A LAUNDRY, DYER, DRY CLEANER, OR OTHER ESTABLISHMENT ENGAGED IN THE CLEANING, DYEING, OR ALTERATION OF PERSONAL PROPERTY, SO AS TO REVISE THE REQUIREMENTS FOR DISPOSAL OF PERSONAL PROPERTY LEFT AT AN ESTABLISHMENT.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 989 -- Senator Waddell: A BILL TO AMEND SECTION 23-43-160, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOND REQUIRED OF LICENSED MANUFACTURERS OF MODULAR BUILDINGS AND REPRESENTATIVES OF MANUFACTURERS OF MODULAR BUILDINGS, SO AS TO ALLOW COLLATERAL ACCEPTABLE TO THE STATE TREASURER TO BE SUBSTITUTED FOR THE BOND.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1044 -- Senator Pope: A BILL TO AMEND CHAPTER 1, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2045 RELATING TO TRUCK DRIVER TRAINING SCHOOLS SO AS TO PROVIDE THAT A PERSON QUALIFIES TO BE A STUDENT AT A TRUCK DRIVER TRAINING SCHOOL IN THIS STATE IF HE HAS A SOUTH CAROLINA CLASS THREE LEARNER'S PERMIT OR AN EQUIVALENT PERMIT ISSUED BY HIS STATE OF RESIDENCE.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1230 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF ACCOUNTANCY, RELATING TO CONTINUING PROFESSIONAL EDUCATION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1188, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1257 -- General Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA DEPARTMENT OF CONSUMER AFFAIRS, RELATING TO PHYSICAL FITNESS SERVICES CENTER CERTIFICATE OF AUTHORITY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1134, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Ordered for consideration tomorrow.
Rep. R. BROWN, from the Committee on Labor, Commerce and Industry, submitted a favorable report, on:
S. 1325 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, and Rep. McTEER, for the minority submitted an unfavorable report on:
H. 3054 -- Reps. Kirsh, Huff, Nesbitt, Hayes, Foster, J.W. Johnson, Klapman, Mappus and Corning: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-7-434 SO AS TO CREATE THE CHILD'S EDUCATION SAVINGS ACT, TO DEFINE "CHILD'S EDUCATION SAVINGS ACCOUNT", TO ALLOW A DEDUCTION FROM TAXABLE INCOME FOR PURPOSES OF STATE INCOME TAXATION IN THE AMOUNT OF THREE THOUSAND DOLLARS WHICH MUST BE USED TO DEFRAY THE COST OF A CHILD'S COLLEGE EDUCATION, TO PROVIDE FOR THE EXPENDITURE OF MONIES FROM THIS ACCOUNT, AND TO PROVIDE PENALTIES FOR UNAUTHORIZED WITHDRAWALS; AND TO AMEND SECTION 12-7-435, AS AMENDED, RELATING TO ALLOWABLE DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME, SO AS TO AUTHORIZE AS A DEDUCTION CONTRIBUTIONS AND EARNINGS MADE PURSUANT TO THE CHILD'S EDUCATION SAVINGS ACT.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4211 -- Reps. McTeer and Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-11-310 SO AS TO PROVIDE THAT RECLASSIFICATION OF A STATE EMPLOYEE INSTITUTED PURSUANT TO THE UNIFORM CLASSIFICATION AND COMPENSATION PLAN MAY TAKE EFFECT ONLY AT THE BEGINNING OF THE FISCAL YEAR AND ONLY IF FUNDS ARE APPROPRIATED TO THE AGENCY SPECIFICALLY FOR RECLASSIFICATION.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
H. 4427 -- Reps. J. Bailey, Rama, T. Rogers, Barber, McBride, Wright, Altman, Snow, Holt, Keegan, Quinn, Bruce, D. Martin, J. Harris, Washington, Whipper, T.M. Burriss, Moss, R. Brown, Burch, Waites, Glover, J. Brown, Fant, Wilkes, Rudnick, Wofford, Haskins, McCain, Wilkins, Manly, Lanford, McGinnis, Simpson, Vaughn, Wells, Davenport, Littlejohn, Farr, Cole, Chamblee, Huff, Keesley, Clyborne, Kohn, Mappus, Smith, Cooper, Sturkie, G. Bailey, M.D. Burriss, Corbett, Sharpe and L. Martin: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 4-9-195 AND 5-21-140 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES AND MUNICIPALITIES TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO "REHABILITATED HISTORIC PROPERTIES" AND "LOW AND MODERATE INCOME RENTAL PROPERTIES".
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4510 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-27-390, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF ONE-HALF OF ONE PERCENT OF THE GASOLINE TAX REVENUES TO THE CREDIT OF THE WATER RECREATIONAL RESOURCES FUND OF THE STATE TREASURY, SO AS TO PROVIDE THAT DISTRIBUTIONS TO COUNTIES FROM THE FUND MAY BE USED FOR CAPITAL IMPROVEMENTS FOR RECREATIONAL PURPOSES.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4713 -- Reps. Hayes, Kinon, Wilkins, McAbee, Harrison, McKay, Felder and McGinnis: A BILL TO AMEND SECTION 42-7-67, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISABILITY AND MEDICAL BENEFITS FOR MEMBERS OF THE STATE AND NATIONAL GUARD, SO AS TO PROVIDE FOR THE COORDINATION OF STATE AND FEDERAL BENEFITS; TO AMEND SECTION 42-7-75, AS AMENDED, RELATING TO THE PAYMENT OF WORKERS' COMPENSATION PREMIUMS BY STATE AGENCIES AND THE STATE TREASURER'S DUTIES PERTAINING TO THE WORKERS' COMPENSATION FUND, SO AS TO PROVIDE FOR THE METHOD OF DETERMINING PREMIUMS FOR THE STATE AND NATIONAL GUARD; TO AMEND SECTION 42-15-40, RELATING TO THE TIME FOR FILING A WORKER'S COMPENSATION CLAIM, SO AS TO PROVIDE FOR THE TIME LIMIT FOR A CLAIM BY A MEMBER OF THE NATIONAL GUARD; AND TO AMEND SECTION 42-19-10, AS AMENDED, RELATING TO AN EMPLOYEE'S RECORD AND REPORT OF INJURIES, SO AS TO PROVIDE FOR THE RECORD AND REPORT OF A MEMBER OF THE NATIONAL GUARD.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4721 -- Rep. Kirsh: A BILL TO AMEND SECTION 12-7-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE INCOME TAX, SO AS TO UPDATE THE REFERENCE DATE OF THIS STATE'S ADOPTION OF VARIOUS PROVISIONS OF THE INTERNAL REVENUE CODE OF 1986; AND TO AMEND SECTION 12-9-390, RELATING TO THE REQUIREMENTS ON STATE INCOME TAX WITHHOLDING AGENTS, SO AS TO UPDATE THE REFERENCE DATE OF THE INTERNAL REVENUE CODE OF 1986 USED FOR PURPOSES OF STATE INCOME TAX WITHHOLDING.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, with amendments, on:
S. 988 -- Senator Waddell: A BILL TO AMEND SECTION 11-15-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENTS FOR REPORTING THE DEBT OF POLITICAL SUBDIVISIONS, SO AS TO PROVIDE THAT THE STATE TREASURER ANNUALLY SHALL PUBLISH A STATEMENT OF THE OBLIGATIONS OF POLITICAL SUBDIVISIONS RATHER THAN FURNISH A STATEMENT TO THE COMPTROLLER GENERAL FOR INCLUSION IN THE ANNUAL REPORT OF THE COMPTROLLER GENERAL.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1065 -- Senators Passailaigue, McConnell, Martschink and Rose: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 IN CHAPTER 9 OF TITLE 12 SO AS TO PROVIDE FOR STATE INCOME TAX WITHHOLDING ON THE AMOUNT REALIZED FROM THE SALE OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY TO NONRESIDENTS, TO PROVIDE THAT THE CLOSING AGENT SHALL WITHHOLD AND PAY OVER THE TAX, TO PROVIDE THE METHOD FOR COMPUTING AND PAYING OVER THE AMOUNTS WITHHELD, TO ALLOW WITHHOLDING ON GAIN FROM THE SALE IF THE SELLER PROVIDES THE PURCHASER AN AFFIDAVIT STATING THE AMOUNT OF THE GAIN AND TO PROVIDE THAT THE SELLER MAY APPLY TO THE SOUTH CAROLINA TAX COMMISSION FOR REFUND OF EXCESS WITHHOLDING, TO ALLOW THE SOUTH CAROLINA TAX COMMISSION TO EXEMPT CLASSES OF TRANSACTIONS AND EXTEND TIME FOR PAYMENT AND TO PROVIDE DEFINITIONS; AND TO AMEND SECTION 12-9-310, AS AMENDED, RELATING TO INCOME TAX WITHHOLDING, SO AS TO DELETE THE WITHHOLDING REQUIREMENT ON SALES OF REAL PROPERTY AND ASSOCIATED TANGIBLE PERSONAL PROPERTY TO RESIDENTS.
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
S. 1215 -- Finance Committee: A BILL TO AMEND SECTION 12-35-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SALES TAX ON TRANSIENT ACCOMMODATIONS, SO AS TO PROVIDE THAT THE TAX IS IMPOSED ONLY ON REVENUES DERIVED FROM THE RATE CHARGED FOR RENTAL OF SLEEPING ACCOMMODATIONS AND DOES NOT APPLY TO ANY ADDITIONAL GUEST CHARGES, AND TO DEFINE "ADDITIONAL GUEST CHARGE".
Ordered for consideration tomorrow.
Rep. McLELLAN, from the Committee on Ways and Means, submitted a favorable report, on:
H. 4391 -- Rep. Kirsh: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-11-440 SO AS TO PROVIDE THAT THE DIVISION OF INSURANCE SERVICES OF THE STATE BUDGET AND CONTROL BOARD MAY DEVELOP AN OPTIONAL LONG-TERM CARE INSURANCE PROGRAM FOR EMPLOYEES AND RETIREES DEPENDING ON THE AVAILABILITY OF A QUALIFIED VENDOR; AND TO REPEAL SECTION 9-1-70 RELATING TO THE OPTIONAL LONG-TERM CARE INSURANCE PROGRAM.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4187 -- Rep. Farr: A BILL TO REQUIRE SECONDARY LEVEL PUBLIC SCHOOLS TO PROVIDE ACCESS TO THE CAMPUS AND STUDENT DIRECTORY INFORMATION TO OFFICIAL RECRUITING REPRESENTATIVES OF THE MILITARY FORCES OF THE STATE AND THE UNITED STATES IN A MANNER AT LEAST EQUAL TO THE SAME ACCESS PROVIDED TO OTHER PERSONS OR GROUPS WHICH MAKE STUDENTS AWARE OF OCCUPATIONAL OR EDUCATIONAL OPTIONS.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4387 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS, SO AS TO PROVIDE FOR THE PARKING PRIVILEGES TO APPLY FOR AN OUT-OF-STATE MOTOR VEHICLE DISPLAYING EVIDENCE OF HANDICAP.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
H. 4506 -- Rep. Altman: A BILL TO AMEND SECTION 38-77-340, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN AGREEMENT TO EXCLUDE A PERSON FROM AUTOMOBILE LIABILITY INSURANCE COVERAGE, SO AS TO REQUIRE A LETTER CERTIFYING THAT THE DRIVER'S LICENSE OF THE PERSON EXCLUDED HAS BEEN DELIVERED TO THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF REQUIRING AN AFFIDAVIT.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 139 -- Senator Pope: A BILL TO AMEND SECTION 56-3-1960, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FREE PARKING, LICENSE PLATES, AND PLACARDS FOR HANDICAPPED PERSONS, SO AS TO LIMIT THE ISSUANCE AND RENEWAL OF THE PLACARDS TO A MAXIMUM PERIOD OF TWO YEARS.
Ordered for consideration tomorrow.
Rep. BEASLEY, from the Committee on Education and Public Works, submitted a favorable report, on:
S. 1198 -- Senators Setzler and Giese: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-25-115 SO AS TO PROVIDE THAT PERSONS APPLYING FOR INITIAL CERTIFICATION TO BECOME CERTIFIED EDUCATION PERSONNEL SHALL UNDERGO CERTAIN FINGERPRINT REVIEWS, AND TO PROVIDE THAT THE FEES CHARGED FOR THESE REVIEWS MUST BE PAID BY THE APPLICANT.
Ordered for consideration tomorrow.
The following was introduced:
H. 4784 -- Reps. Harvin, H. Brown and Winstead: A CONCURRENT RESOLUTION DESIGNATING TUESDAY, APRIL 24, 1990, AS "BAPTIST COLLEGE DAY" AT THE STATE HOUSE AND THROUGHOUT SOUTH CAROLINA.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.
The following was introduced:
H. 4785 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JAMES B. "BUCK" TERRY, JR., OF ANDERSON UPON HIS RESIGNATION FROM THE ANDERSON COUNTY PLANNING AND DEVELOPMENT BOARD AND FROM HIS POSITION AS CITY EXECUTIVE AT FIRST CITIZENS BANK OF SOUTH CAROLINA AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1364 -- Senator Moore: A CONCURRENT RESOLUTION TO CONGRATULATE WALTER GAMEWELL "CURLY" WATSON, M.D., OF AIKEN COUNTY, A MODERN DAY FOLK HERO, UPON THE CELEBRATION OF HIS EIGHTIETH BIRTHDAY.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolutions were introduced, read the first time, and referred to appropriate committees:
H. 4786 -- Rep. Kohn: A BILL TO AMEND SECTION 38-77-110, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AN INSURER BEING REQUIRED TO WRITE PRIVATE PASSENGER AUTOMOBILE INSURANCE WITH CERTAIN LIMITS OF COVERAGE, SO AS TO INCREASE THE PROPERTY DAMAGE LIMIT FROM FIFTY THOUSAND DOLLARS TO ONE HUNDRED THOUSAND DOLLARS.
Referred to Committee on Labor, Commerce and Industry.
H. 4787 -- Rep. Kohn: A BILL TO AMEND SECTION 15-78-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURCHASE OF INSURANCE BY GOVERNMENTAL ENTITIES PURSUANT TO THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO DELETE THE REQUIREMENT THAT A REASONABLE ADMINISTRATIVE COST BE RETAINED BY THE BUDGET AND CONTROL BOARD FROM THE REFUND DUE A POLITICAL SUBDIVISION IF IT CANCELS ITS COVERAGE WITH THE BOARD.
Referred to Committee on Ways and Means.
H. 4788 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO CERTIFICATION OF MINORITY BUSINESSES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1206, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without reference.
H. 4789 -- Reps. Blackwell, White and Moss: A JOINT RESOLUTION TO PROVIDE THAT THE JOINT LEGISLATIVE HEALTH CARE PLANNING AND OVERSIGHT COMMITTEE SHALL REVIEW REGULATORY REQUIREMENTS ON SMALL AND RURAL HOSPITALS, PROVIDE FOR TEMPORARY IMPLEMENTATION AND EVALUATION OF ALTERNATIVE STANDARDS, DEVELOP A RURAL HEALTH CARE PLAN MEETING THE CRITERIA UNDER THE ESSENTIAL ACCESS COMMUNITY HOSPITAL PROGRAM, AND REPORT ITS FINDINGS TO THE GENERAL ASSEMBLY.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4790 -- Reps. T.C. Alexander, McLellan and M.O. Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 58-1-65 SO AS TO PROVIDE THAT THE PUBLIC SERVICE COMMISSION SHALL REGULATE THE SALE OF PROPANE GAS IN THIS STATE, EXCEPT FOR THE RATES OR PRICES WHICH MAY BE CHARGED.
Referred to Committee on Labor, Commerce and Industry.
S. 624 -- Senator Patterson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-9-65 SO AS TO PERMIT THE USE IN THIS STATE OF CERTAIN AUTOMATIC FUELING CLIPS ON SELF-SERVICE GASOLINE DISPENSERS; BY ADDING SECTION 39-41-255 SO AS TO PROVIDE THAT EVERY SERVICE STATION THAT HAS A WATER DISPENSER, AIR DISPENSER, OR BOTH, FOR USE IN SERVING VEHICLES SHALL ALLOW THESE DISPENSERS TO BE USED WITHOUT CHARGE; AND BY ADDING SECTION 39-41-265 SO AS TO PROVIDE THAT EVERY SERVICE STATION SHALL POST IN A CONSPICUOUS PLACE THE PRICE OF EACH TYPE OF GASOLINE IT HAS AVAILABLE, INCLUDING BOTH SELF-SERVICE AND FULL SERVICE PRICES.
Referred to Committee on Labor, Commerce and Industry.
S. 1038 -- Senator Moore: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 14-25-170 SO AS TO PROVIDE THAT JURORS FOR MUNICIPAL COURTS, AT THE DISCRETION OF THE MUNICIPAL GOVERNING BODY, MAY BE DRAWN AND SUMMONED BY COMPUTER IN THE MANNER THE SUPREME COURT BY ORDER DIRECTS.
Referred to Committee on Judiciary.
S. 1112 -- Senators Rose and Wilson: A BILL TO AMEND SUBARTICLE 17 OF CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2215, SO AS TO DEFINE CONTRABAND, AND TO PROVIDE THAT IT IS UNLAWFUL TO POSSESS CONTRABAND OR FURNISH CONTRABAND TO A JUVENILE COMMITTED TO THE DEPARTMENT OF YOUTH SERVICES, AND TO ESTABLISH CRIMINAL PENALTIES FOR VIOLATIONS.
Referred to Committee on Judiciary.
S. 1242 -- Senator Williams: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
Referred to Committee on Judiciary.
S. 1330 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-72-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE INTENTIONS AND EXCEPTIONS OF THE LONG TERM CARE INSURANCE ACT, SO AS TO DELETE THE PROVISION THAT A POLICY NOT ADVERTISED, MARKETED, OR OFFERED AS LONG TERM CARE INSURANCE OR NURSING HOME INSURANCE NEED NOT MEET THE REQUIREMENTS OF THE ACT; SECTION 38-72-40, RELATING TO DEFINITIONS PERTAINING TO THE ACT, SO AS TO REVISE THE DEFINITION OF "LONG TERM CARE INSURANCE"; AND SECTION 38-72-60, RELATING TO REGULATIONS, POLICY AND CERTIFICATE REQUIREMENTS, POLICYHOLDERS RIGHTS, AND COVERAGE OUTLINE FOR LONG TERM CARE INSURANCE, SO AS TO REVISE THE REQUIREMENTS FOR PREEXISTING CONDITIONS AND FOR THE CONDITIONING OF BENEFITS, CHANGE THE REFERENCES TO POLICYHOLDER TO APPLICANT, PROVIDE FOR REFERENCES TO CERTIFICATE AS WELL AS POLICY, DELETE THE PROVISIONS FOR RETURN OF A POLICY ISSUED PURSUANT TO A DIRECT RESPONSE, REVISE THE REQUIREMENTS FOR AN OUTLINE OF COVERAGE, PROVIDE FOR A POLICY SUMMARY AND REPORT, AND PROVIDE FOR A RIDER AS WELL AS A POLICY TO COMPLY WITH THE ACT.
Referred to Committee on Labor, Commerce and Industry.
The roll call of the House of Representatives was taken resulting as follows.
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Baker Barber Barfield Baxley Beasley Bennett Blackwell Blanding Boan Brown, H. Brown, J. Brown, R. Bruce Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Faber Fair Fant Farr Ferguson Foster Glover Gordon Gregory Hallman Harris, J. Harris, P. Harrison Harwell Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Kohn Lanford Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McAbee McBride McEachin McElveen McGinnis McKay McLellan McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rhoad Rogers, J. Rogers, T. Rudnick Sharpe Sheheen Short Simpson Smith Snow Stoddard Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper White Wilder Wilkins Williams, D. Williams, J. Winstead Wofford Wright
I came in after the roll call and was present for the Session on March 7, 1990.
Grady Brown Terry E. Haskins Larry Koon Jarvis R. Klapman Tim Wilkes Harriet Keyserling Will McCain Ken Bailey Paul M. Burch Tom Limehouse Olin R. Phillips Larry Gentry Alex Harvin C. Lenoir Sturkie
LEAVES OF THE HOUSE GRANTED
The SPEAKER granted Reps. STODDARD, McABEE, D. MARTIN and CLYBORNE a leave of the House until 11:00 A.M.
I was not present during the Session but arrived in time to attend the Committee meetings on Tuesday, March 6.
Jack V. Gregory
Rep. HARVIN signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Thursday, March 1.
Announcement was made that Dr. John C. Hawk, Jr. of Charleston is the Doctor of the Day for the General Assembly.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 3450 -- Reps. R. Brown and T.M. Burriss: A BILL TO AMEND CHAPTER 43, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA MODULAR BUILDINGS CONSTRUCTION ACT, SO AS TO FURTHER PROVIDE FOR THE REGULATION OF THE CONSTRUCTION OF MODULAR BUILDING UNITS IN THIS STATE, FOR THE DEFINITION OF "MODULAR BUILDING UNITS" AND OTHER HOMES SUBJECT TO THE PROVISIONS OF THIS ACT, FOR THE LICENSING OF PERSONS AUTHORIZED TO CONSTRUCT THESE UNITS, FOR CERTIFICATION OF UNITS CONSTRUCTED IN OTHER STATES, AND FOR THE AUTHORIZATION OF THE BUILDING CODES COUNCIL TO SEEK CERTAIN INJUNCTIVE RELIEF AGAINST LOCAL GOVERNMENTS.
H. 3481 -- Reps. Lanford, Moss, Limehouse, Cole, Davenport, Haskins, Clyborne, H. Brown and Wofford: A BILL TO AMEND SECTION 44-63-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VITAL STATISTICS, SO AS TO REQUIRE COUNTY CORONERS TO ISSUE BURIAL-REMOVAL-TRANSIT PERMITS FOR VIOLENT AND ACCIDENTAL DEATHS OCCURRING OUTSIDE HOSPITALS, NURSING HOMES, OR OTHER INSTITUTIONS.
The following Bill was taken up.
H. 3810 -- Rep. Mappus: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-73-458 SO AS TO PROVIDE THAT AN INSURANCE AGENT MAY ACCEPT A NOTARIZED STATEMENT FROM AN APPLICANT FOR AUTOMOBILE INSURANCE THAT THE APPLICANT HAS COMPLIED WITH APPLICABLE MANDATORY AUTOMOBILE INSURANCE REQUIREMENTS FOR PURPOSES OF DETERMINING THE APPROPRIATE RATE FOR THE APPLICANT.
Rep. J.C. JOHNSON proposed the following Amendment No. 2 (Doc. No. 0932X), which was tabled.
Amend the bill, as and if amended, in Section 38-73-458 of the 1976 Code, as contained in SECTION 1, page 1, lines 30 through 38, by striking /a notarized statement of compliance from an applicant for a policy of automobile insurance. The statement must be in a form approved by the Chief Insurance Commissioner and must include a warning printed in boldface type substantially as follows: 'MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIMINAL OFFENSE WITH A PENALTY OF A TWO HUNDRED DOLLAR FINE OR IMPRISONMENT FOR THIRTY DAYS'/ and inserting /and review the appropriate Motor Vehicle Record/.
Amend title to conform.
Rep. J.C. JOHNSON explained the amendment.
Rep. MAPPUS spoke against the amendment and moved to table the amendment, which was agreed to.
Rep. J.C. JOHNSON objected to the Bill.
The Bill was read the second time and ordered to third reading.
Rep. BAKER moved that when the House adjourns it adjourn in memory of Stephanie Leanne Moore, Gerald Lamond Sullivan and David Lewis Nimmons, students at Woodmont High School, which was agreed to.
The following Bill was taken up.
H. 4353 -- Reps. Rama, Kohn, Holt, Mappus, Winstead, J. Bailey and Washington: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-105 SO AS TO PROVIDE THAT THE GOVERNING BOARD OF A SPECIAL PURPOSE DISTRICT OR PUBLIC SERVICE DISTRICT PROVIDING FIRE PROTECTION SERVICES MAY PLACE AN EMERGENCY BAN ON THE BURNING OF TRASH OR DEBRIS WITHIN THE DISTRICT FOR A SPECIFIED PERIOD OF TIME IF CIRCUMSTANCES REQUIRE AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Rep. RAMA proposed the following Amendment No. 2 (Doc. No. 0760o), which was adopted.
Amend the bill, as and if amended, in Section 6-11-105 of the 1976 Code, as contained in Section 1, by inserting immediately after /services/ on line 3 the following /, if the governing board is elected by the qualified electors of the district,/.
Amend title to conform.
Rep. RAMA explained the amendment.
The amendment was then adopted.
Rep. RUDNICK proposed the following Amendment No. 1 (Doc. No. 0541X), which was tabled.
Amend the bill, as and if amended, page 1, by striking lines 33 through 37.
Amend title to conform.
Rep. RUDNICK explained the amendment.
Rep. RAMA moved to table the amendment, which was agreed to by a division vote of 34 to 23.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4444 -- Reps. P. Harris, Blackwell, Waldrop, Felder, Ferguson, Moss, Cooper and White: A BILL TO AMEND SECTION 62-5-304, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE APPOINTMENT OF A GUARDIAN FOR AN INCAPACITATED PERSON, SO AS TO DEFINE THE COURT'S AUTHORITY PERTAINING TO THE PERSON AND THE APPOINTMENT OF A GUARDIAN; SECTION 62-5-309, RELATING TO NOTICES IN A GUARDIANSHIP PROCEEDING, SO AS TO REQUIRE NOTICE TO AN ATTORNEY IN FACT UNDER A DURABLE POWER OF ATTORNEY; SECTION 62-5-310, RELATING TO THE COURT EXERCISING GUARDIAN POWERS AND A TEMPORARY GUARDIAN, SO AS TO PROVIDE ADDITIONAL CIRCUMSTANCES UNDER WHICH THE POWERS ARE EXERCISED AND A TEMPORARY GUARDIAN IS APPOINTED, DEFINE EMERGENCY, AND PROVIDE FOR NOTICE AND HEARING AFTER THE APPOINTMENT; SECTION 62-5-311, RELATING TO GUARDIANS, SO AS TO PROVIDE FOR ADDITIONAL PERSONS WHO MAY BE APPOINTED AS GUARDIAN SUBJECT TO A FINDING OF GOOD CAUSE INSTEAD OF THE COURT'S DISCRETION; AND SECTION 62-5-501, RELATING TO THE APPOINTMENT OF A POWER OF ATTORNEY NOT AFFECTED BY PHYSICAL DISABILITY OR MENTAL INCOMPETENCE, SO AS TO REVISE THE REQUIREMENTS FOR THE CONTENT OF THE APPOINTMENT AND PROVIDE FOR THE CIRCUMSTANCES UNDER WHICH A POWER IS TERMINATED.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0658X), which was adopted.
Amend the bill, as and if amended, by striking Section 62-5-311(B)(1), as contained in SECTION 4, page 4, and inserting:
/(1) a person nominated to serve as guardian by the incapacitated person in a durable power of attorney executed according to Section 62-5-501;/
Amend further, Section 62-5-501(C), as contained in SECTION 5, beginning on page 6, by adding at the end of the subsection:
/If the authority of the attorney-in-fact relates solely to the person of the principal, the instrument is effective without being probated and recorded./
So that when amended Section 62-5-501(C) reads:
/ (c)(C) A power of attorney executed under the provisions of this section must be executed and attested with the same formality and with the same requirements as to witnesses as a will. In addition, the instrument must be probated and recorded in the same manner as a deed in the county where the principal resides at the time the instrument is recorded. After the instrument has been recorded, whether recorded prior to before or after the onset of the principal's physical disability or mental incompetence, it is effective notwithstanding the mental incompetence or physical disability. If the authority of the attorney-in-fact relates solely to the person of the principal, the instrument is effective without being probated and recorded./
Amend title to conform.
Rep. HODGES explained the amendment.
The amendment was then adopted.
Rep. HODGES moved to adjourn debate upon the Bill until Thursday, March 8, which was adopted.
Rep. WILKINS moved to adjourn debate upon the following Bill until Thursday, March 8, which was adopted.
H. 4419 -- Reps. Clyborne, Farr, Keegan, Mattos, Baker, Gordon and Corbett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-53-405 SO AS TO PROVIDE FOR THE SUSPENSION OF THE DRIVER'S LICENSE OF A PERSON, UPON CONVICTION, ENTRY OF A PLEA OF GUILTY OR OF NOLO CONTENDERE, OR FORFEITURE OF BAIL, FOR A SECOND OR SUBSEQUENT OFFENSE OF SELLING OR ATTEMPTING TO POSSESS CERTAIN DRUGS.
Rep. R. BROWN moved to adjourn debate upon the following Bill until Thursday, March 8, which was adopted.
H. 4724 -- Reps. Limehouse, Neilson, Mappus, McLeod, Taylor, Ferguson, G. Bailey, Derrick, T.C. Alexander, Wells, T.M. Burriss, R. Brown, M.O. Alexander, L. Martin, J. Bailey, Koon and Kohn: A BILL TO AMEND SECTION 34-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF THE STATE BOARD OF FINANCIAL INSTITUTIONS, SO AS TO INCREASE THE MEMBERSHIP FROM NINE TO TEN MEMBERS AND TO SPECIFY THAT ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR UPON THE RECOMMENDATION OF THE ASSOCIATION OF SUPERVISED LENDERS AND ONE MEMBER MUST BE APPOINTED BY THE GOVERNOR WHO IS ENGAGED IN THE LICENSED CONSUMER FINANCE BUSINESS AS A RESTRICTED LENDER UPON THE RECOMMENDATION OF THE ASSOCIATION OF RESTRICTED LENDERS.
The following Bill was taken up.
H. 3100 -- Rep. Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1080 SO AS TO MAKE IT A CRIME FOR AN OWNER OF A DWELLING UNIT TO INSTALL A SECURITY MEASURE WHICH WOULD HINDER THE EXIT OF A PERSON FROM THE UNIT IN CASE OF A FIRE AND REQUIRE AN OWNER OF A DWELLING UNIT TO PROVIDE EASY ACCESS TO ALL EXITS OF THE DWELLING UNIT OR BUILDING IN WHICH THE UNIT IS LOCATED AND TO PROVIDE A PENALTY FOR VIOLATION.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 3100l), which was adopted.
Amend the bill, as and if amended, by striking SECTION 1 (A) and inserting the following language:
"SECTION 1. Article 11, Chapter 3, Title 16 of the 1976 Code is amended by adding:
"Section 16-3-1080. (A) After the effective date of this act, no owner of any dwelling unit or structure in which a dwelling unit is located may install a security measure which would hinder the exit of a person from the dwelling unit in case of a fire. burglar bars without quick-release mechanisms.
The owner shall insure that all exits to the dwelling unit or structure must be easily accessible.
Amend title to conform.
Rep. J. BROWN 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. 4478 -- Reps. Moss, Baker and Davenport: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-85 SO AS TO PROVIDE FOR THE CONTINUING EDUCATION OF PSYCHOLOGISTS.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc. No. 4478l), which was adopted.
Amend the bill, as and if amended, by striking the last sentence of SECTION 1 so that the bill reads:
SECTION 1. The 1976 Code is amended by adding:
"Section 40-55-85. Each applicant for renewal shall present satisfactory evidence that, in the period since the license was issued, the applicant has completed continuing education requirements set and required by the board.
Not more than twenty hours of continuing education a year may be required."
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bills and Joint Resolutions were taken up, read the second time, and ordered to a third reading:
H. 4730 -- Rep. J. Bailey: A BILL TO AUTHORIZE THE SECRETARY OF STATE TO RESTORE THE CHARTER OF CHARLESTOWNE NEIGHBORHOOD ASSOCIATION.
H. 4731 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF COSMETOLOGY, RELATING TO SALONS OF COSMETOLOGY, MANICURE, AND ESTHETICS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1203, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4732 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, RELATING TO SANITARY STANDARDS, APPROVED PROCEDURES OF DENTAL ASSISTANTS, APPROVED PROCEDURES OF EXPANDED DUTY DENTAL ASSISTANTS, APPROVED PROCEDURES FOR LICENSED DENTAL HYGIENISTS, DENTAL RADIOGRAPHY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1157, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
H. 4733 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO STANDARDS FOR LAY MIDWIVES, DESIGNATED AS REGULATION DOCUMENT NUMBER 1181, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1170 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF ANNUITY.
S. 1283 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BUDGET AND CONTROL BOARD, RELATING TO SOUTH CAROLINA BUILDING CODES COUNCIL, DESIGNATED AS REGULATION DOCUMENT NUMBER 1153, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. G. BAILEY explained the Joint Resolution.
S. 1151 -- Senators Waddell and Lindsay: A BILL TO AMEND SECTION 38-7-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RETALIATORY TAXES, PENALTIES, INTEREST, AND FEES BY OTHER STATES ON INSURANCE COMPANIES CHARTERED BY THIS STATE DOING BUSINESS IN THOSE STATES, SO AS TO DELETE LANGUAGE RELATING TO WHAT THE APPLICATION OF THIS SECTION IS BASED, TO CHANGE THE MANNER IN WHICH THIS SECTION IS APPLIED, AND PROVIDE THAT THIS SECTION IS EFFECTIVE FOR ALL INSURANCE PREMIUMS COLLECTED AFTER DECEMBER 31, 1989, AND TO ALL INSURANCE PREMIUM TAX RATES FILED BEGINNING WITH QUARTERLY RETURNS DUE SEPTEMBER 1, 1990, AND QUARTERLY AND ANNUAL RETURNS FILED AFTER THAT TIME.
The following Bill was taken up.
H. 3129 -- Rep. McLellan: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-45-15 SO AS TO PROVIDE THAT LICENSED INSURANCE BROKERS MAY ALSO SERVICE THE INSURANCE PLACED WITH AN INSURER; TO AMEND SECTION 38-45-100, RELATING TO THE AUTHORITY OF INSURANCE BROKERS TO DIVIDE COMMISSIONS, SO AS TO ALSO AUTHORIZE THESE BROKERS TO DIVIDE COMMISSIONS WITH LICENSED INSURANCE PRODUCERS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 46 SO AS TO PROVIDE FOR THE REGULATION AND LICENSING OF "INSURANCE PRODUCERS".
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc. No. 0798o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 38-1-20(21) of the 1976 Code is amended to read:
"(21) 'Insurance broker' means an individual licensed by the Commissioner to represent citizens of this State for the in placing of their insurance in insurers licensed in this State or in any other state or country. An insurance broker may place that insurance either with an eligible surplus lines insurer or with a licensed insurance agent in an insurance carrier licensed in this State."
SECTION 2. Section 38-1-20(37.5) of the 1976 Code is amended to read:
"(37.5) 'Surplus lines insurance' means any insurance in this State of risks located or to be performed in this State, permitted to be placed through a resident broker with a nonadmitted insurer eligible to accept such insurance, other than reinsurance, wet marine and transportation insurance, insurance independently procured, and life and health insurance and annuities. Excess and stop-loss insurance coverage upon group life, accident, and health insurance or upon a self-insured's life, accident, and health benefits program may be approved as surplus lines insurance."
SECTION 3. Section 38-45-10 of the 1976 Code is amended to read:
"Section 38-45-10. The term 'insurance broker' as used in this chapter means an individual licensed by the Commissioner to represent citizens of this State for the in placing of their insurance in insurers licensed in this State or in any other state or country. An insurance broker may place that insurance either with an eligible surplus lines insurer or with a licensed insurance agent in an insurance carrier licensed in this State."
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. KOHN explained the amendment.
Rep. KOHN continued speaking.
The amendment was then adopted.
The Bill, as amended, was read the second time and ordered to third reading.
Rep. KOHN moved to adjourn debate upon the following Bill until Thursday, March 8, which was adopted.
H. 4046 -- Rep. Wofford: A BILL TO AMEND SECTION 38-25-150(2), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38, ON UNAUTHORIZED INSURANCE TRANSACTIONS, DOES NOT APPLY TO THE LAWFUL TRANSACTION OF REINSURANCE BY INSURERS, SO AS TO DEFINE "REINSURANCE" FOR THE PURPOSES OF THIS ITEM AND TO SET FORTH WHAT THE TERM "REINSURANCE" DOES NOT INCLUDE; AND TO REPEAL ITEM (6) OF SECTION 38-25-150 RELATING TO THE PROVISION OF LAW THAT ARTICLE 3, CHAPTER 25, TITLE 38 DOES NOT APPLY TO TRANSACTIONS IN THIS STATE INVOLVING ANY POLICY OF INSURANCE OR ANNUITY CONTRACT ISSUED BEFORE APRIL 30, 1975.
The following Bill was taken up.
S. 1155 -- Banking and Insurance Committee: A BILL TO AMEND SECTION 38-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS PERTAINING TO INSURANCE, SO AS TO REVISE THE DEFINITION OF LIFE INSURANCE.
Rep. NEILSON explained the Bill and moved to adjourn debate upon the Bill until Tuesday, April 3, which was adopted.
Rep. TAYLOR moved that the House recur to the morning hour.
Rep. McTEER insisted upon the Special Orders of the day.
The following Bill was taken up.
H. 4246 -- Reps. McTeer and Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-93-210 SO AS TO LIMIT THE QUANTITY OF INFECTIOUS WASTE THAT MAY BE BURNED IN A MONTH BY A LICENSED COMMERCIAL WASTE INCINERATOR.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0512X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 93, Title 44 of the 1976 Code is amended by adding:
"Section 44-93-210. (A) Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No permitted commercial infectious waste incinerator facility may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies. However, at no time may the limit on the amount of infectious waste burned in a month be less than seven hundred fifty tons.
(B) The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.
(C) For purposes of this section, a permitted commercial infectious waste incinerator facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."
SECTION 2. From July through December, 1990, no more than seven hundred fifty tons of infectious waste may be burned in any one month by a permitted commercial infectious waste incinerator facility in this State.
SECTION 3. The provisions of this act must be construed as separate provisions. If a provision is judged to be invalid by a court of law of this State, the court's degree shall apply only to the provision and action specified and shall have no effect on any other provision unless stated in the court's decree. The invalidity does not affect other provisions or applications of this act which may be given effect without the invalid provision or application and, pursuant to this requirement, the provisions of this section are severable.
SECTION 4. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RAMA proposed the following Amendment No. 3 (Doc. No. 0895o), which was tabled.
Amend the bill, as and if amended, in Section 44-93-210 of the 1976 Code, as contained in SECTION 1, by striking /1990/ on line 2 and inserting /1992/.
Amend the bill further, as and if amended, in SECTION 2 by striking /1990/ on line 1 and inserting /1992/.
Amend title to conform.
Rep. RAMA explained the amendment.
Rep. SHARPE moved to table the amendment.
Rep. RAMA demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, G. Bailey, K. Barber Barfield Baxley Beasley Bennett Blanding Boan Carnell Chamblee Corbett Cork Corning Elliott Fair Fant Ferguson Foster Gordon Gregory Hallman Harris, J. Harris, P. Harrison Hendricks Hodges Huff Johnson, J.W. Kay Keegan Keesley Kinon Kirsh Littlejohn Martin, L. McEachin McElveen McLeod McTeer Neilson Nettles Quinn Rogers, J. Rogers, T. Short Simpson Smith Snow Taylor Townsend Tucker Waites Waldrop Washington Wells Whipper Wilder Wilkes Williams, D.
Those who voted in the negative are:
Alexander, M.O. Bailey, J. Baker Blackwell Brown, H. Burriss, M.D. Clyborne Cole Davenport Derrick Haskins Holt Jaskwhich Koon Lanford Manly Mattos McCain McGinnis Nesbitt Rama Vaughn Winstead Wofford Wright
So, the amendment was tabled.
Rep. STURKIE proposed the following Amendment No. 2 (Doc. No. 0890o), which was tabled.
Amend the bill, as and if amended, by deleting SECTION 1 and inserting:
/SECTION 1. Chapter 93, Title 44 of the 1976 Code is amended by adding:
"Section 44-93-210. (A) Beginning November 1, 1990, and annually thereafter, the department shall estimate and publish the amount of infectious waste it expects to be generated within this State during the succeeding calendar year. No licensed infectious waste incinerator may burn more than one-twelfth of the annual estimate of infectious waste during any one month of the year to which the estimate applies.
(B) The limitation on the tonnage of infectious waste does not apply to infectious waste treated by hospitals or generator facilities if the waste is generated in this State and is incinerated on a nonprofit basis.
(C) For purposes of this section, a licensed infectious waste incinerator facility means a site where infectious waste is incinerated regardless of the number of incinerator units or the ownership of the units."/
Amend further by deleting SECTION 2 on page 4246-3 and inserting:
/SECTION 2. From July through December, 1990, no more than two thousand two hundred fifty tons of infectious waste may be burned in any one month by a licensed infectious waste incinerator in this State. Beginning January 1, 1991, the limit on the amount of infectious waste that may be burned by a licensed infectious waste incinerator in this State is reduced by five percent each year until the limit is one thousand five hundred tons, which is the permanent annual limit. Beginning January 1, 1996, infectious waste generated outside of this State must not be accepted for disposal in this State./
Amend title to conform.
Rep. SHARPE moved to table the amendment, which was agreed to.
The question then recurred to the passage of the Bill on second reading, as amended.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Altman Bailey, G. Bailey, J. Bailey, K. Baker Barber Baxley Beasley Bennett Blackwell Blanding Boan Brown, G. Brown, H. Brown, R. Bruce Burch Burriss, M.D. Burriss, T.M. Carnell Chamblee Clyborne Cole Cooper Corbett Cork Corning Davenport Derrick Elliott Fair Ferguson Foster Gregory Hallman Harris, J. Harris, P. Harrison Harwell Haskins Hayes Hendricks Hodges Holt Huff Jaskwhich Johnson, J.C. Johnson, J.W. Kay Keegan Keesley Keyserling Kinon Kirsh Klapman Kohn Lanford Littlejohn Manly Mappus Martin, L. Mattos McAbee McEachin McElveen McGinnis McKay McLeod McTeer Moss Neilson Nesbitt Nettles Quinn Rama Rogers, J. Rogers, T. Sharpe Sheheen Short Simpson Smith Snow Taylor Townsend Tucker Vaughn Waites Waldrop Washington Wells Whipper Wilder Wilkes Wilkins Williams, D. Winstead Wofford Wright
Those who voted in the negative are:
So, the Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. McTEER, with unanimous consent, it was ordered that H. 4246 be read the third time tomorrow.
Rep. TAYLOR moved that the House recur to the morning hour, which was agreed to.
The following was introduced:
H. 4791 -- Rep. Haskins: A CONCURRENT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA STATE STUDENT LEGISLATURE TO USE THE SENATE CHAMBER, HOUSE CHAMBER, AND THE BLATT AND GRESSETTE BUILDINGS NOVEMBER 8 THROUGH NOVEMBER 11, 1990, FOR ITS ANNUAL MEETING.
Be it resolved by the House of Representatives, the Senate concurring:
That the South Carolina State Student Legislature is authorized to use the chamber of the Senate, the chamber of the House of Representatives, and the Blatt and Gressette Buildings, November 8 through November 11, 1990, for its annual meeting. If the Senate is in statewide session on any of these days, the Senate chamber and the Gressette Building may not be used on these days. If the House is in statewide session on any of these days, the chamber of the House of Representatives and the Blatt Building may not be used on these days.
Be it further resolved that the State House security forces shall provide assistance and access as considered necessary for this meeting in accordance with previous procedures.
Be it further resolved that no expenses may be charged to the South Carolina State Student Legislature for the use of these chambers and facilities.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:
S. 1180 -- Senators Waddell, Martschink, Fielding, McConnell, McLeod and Passailaigue: A JOINT RESOLUTION TO PROVIDE A GRANT TO THE FRIENDS OF SNEE FARM FROM THE DEPARTMENT OF PARKS, RECREATION AND TOURISM.
Rep. McABEE explained the Joint Resolution.
H. 4360 -- Rep. Hayes: A BILL TO AMEND SECTION 44-53-530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE PROCEDURES AND DISPOSITION OF FORFEITED ITEMS AND PROCEEDS OF SALES OF PROPERTY FORFEITED UNDER THE PROVISIONS OF SECTION 44-53-520 (FORFEITURE OF PROPERTY RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO DELETE REFERENCES IN THE SECTION TO THE AUTHORITY OF A JUDGE TO TRANSFER MONIES IN EXCESS OF ONE THOUSAND DOLLARS TO THE STATE TREASURER; AND TO AMEND SECTION 44-53-588, AS AMENDED, RELATING TO THE DISPOSITION OF PROCEEDS FROM THE SALE OF FORFEITED PROPERTY UNDER THE PROVISIONS OF SECTION 44-53-530 (FORFEITURE PROCEDURES AND DISPOSITION OF ITEMS RELATING TO THE ILLEGAL USE OF NARCOTICS AND CONTROLLED SUBSTANCES), SO AS TO REQUIRE THE PROCEEDS FROM THE SALE OF FORFEITED PROPERTY BE RETAINED BY THE GOVERNING BODY OF THE LOCAL OR STATE LAW ENFORCEMENT AGENCY INITIATING THE SEIZURE OF THE PROPERTY INSTEAD OF BEING REMITTED TO THE STATE TREASURER AND REQUIRE THE PROCEEDS OF THE SALE OF NEGOTIATED INSTRUMENTS OR SECURITIES BE TRANSFERRED TO THE STATE TREASURER WITH A REQUIREMENT THAT THE STATE TREASURER REMIT A PERCENTAGE TO THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY WHICH INITIATED THE SEIZURE, AND PROVIDE REQUIREMENTS ON HOW THESE FUNDS MAY BE USED.
H. 4485 -- Reps. Wilkins and Nettles: A BILL TO AMEND SECTION 44-53-375, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROHIBITION OF POSSESSION, DISTRIBUTION, AND MANUFACTURE OF CRACK COCAINE AND PENALTIES, SO AS TO PROVIDE THAT THE DEFINITION OF A SECOND OR SUBSEQUENT OFFENSE INCLUDES MARIJUANA, DEPRESSANT, STIMULANT, OR HALLUCINOGENIC DRUGS.
Rep. WILKINS explained the Bill.
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.
Rep. WILKINS explained the Bill.
H. 4531 -- Rep. Beasley: A BILL TO AMEND SECTION 7-11-15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFYING AS A CANDIDATE TO RUN IN CERTAIN ELECTIONS, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO NONPARTISAN SCHOOL TRUSTEE ELECTIONS IN ANY SCHOOL DISTRICT WHERE LOCAL LAW PROVISIONS PROVIDE FOR OTHER DATES AND PROCEDURES FOR FILING STATEMENTS OF CANDIDACY.
Rep. WILKINS explained the Bill.
H. 4550 -- Reps. Huff, Wilkins, Barfield, Haskins, Winstead, Nettles, Cole, J. Bailey, Keesley and Tucker: A BILL TO AMEND SECTION 20-7-770, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RELEASE OF A JUVENILE'S ADJUDICATION RECORD FOR A VIOLENT OFFENSE, SO AS TO PROVIDE FOR THE RELEASE OF THE JUVENILE CRIMINAL RECORD OF A PERSON ADJUDICATED AS A JUVENILE FOR COMMITTING A VIOLENT CRIME INSTEAD OF LIMITING THE RELEASE TO THE RECORD OF ADJUDICATION FOR A VIOLENT CRIME.
Rep. HUFF explained the Bill.
H. 4551 -- Reps. Wilkins, Barfield, Huff, Haskins and Keesley: A BILL TO AMEND SECTION 20-7-780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONFIDENTIALITY PROVISIONS AND PROCEDURES INVOLVING JUVENILE RECORDS AND INFORMATION, SO AS TO PROVIDE FOR THE RELEASE OF CERTAIN INFORMATION TO A VICTIM OF A VIOLENT CRIME ABOUT THE JUVENILE CHARGED WITH THE CRIME.
Rep. WILKINS explained the Bill.
S. 1037 -- Senators Bryan, Hayes, Peeler and Fielding: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-33-395 SO AS TO PROVIDE FOR SUIT NOT TO BE BROUGHT AGAINST EMPLOYEES AND VOLUNTEERS OF THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
S. 1104 -- Judiciary Committee: A BILL TO AMEND SECTION 7-15-340, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS QUALIFIED TO VOTE BY ABSENTEE BALLOT, SO AS TO ADD PERSONS ATTENDING SICK OR PHYSICALLY DISABLED PERSONS AND PERSONS ADMITTED TO HOSPITALS AS EMERGENCY PATIENTS ON THE DAY OF AN ELECTION OR WITHIN A FOUR-DAY PERIOD BEFORE THE ELECTION TO THE APPLICATION FOR VOTING BY ABSENTEE BALLOT.
Rep. WILKINS explained the Bill.
S. 1106 -- Judiciary Committee: A BILL TO AMEND SECTION 7-23-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPENSES OF COMMISSIONERS, MANAGERS, AND CLERKS OF GENERAL ELECTIONS, SO AS TO PROVIDE THAT COMMISSIONERS RECEIVE AS EXPENSES AN AMOUNT AS APPROPRIATED ANNUALLY BY THE GENERAL ASSEMBLY INSTEAD OF TWO HUNDRED DOLLARS A YEAR, DELETE THE ENTITLEMENT TO MILEAGE TO A MANAGER AND CLERK, AND CLARIFY THAT THIS MILEAGE IS FOR ELECTION-DAY MILEAGE.
H. 3983 -- Reps. Harvin, McLeod, Snow and Felder: A BILL TO AMEND SECTION 50-13-1630, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE UNLAWFUL POSSESSION OF CERTAIN FISH INCLUDING GRASS CARP, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO TAKE GRASS CARP WHICH HAVE BEEN STOCKED AS PERMITTED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES.
H. 4422 -- Rep. Snow: A BILL TO AMEND CHAPTER 37, TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BEES, SO AS TO PROVIDE FOR INSPECTION OF BEES AND FIXTURES AND FOR THE CONTROL AND ERADICATION OF ALL DISEASES WHICH MAY INFECT THEM AND TO PROVIDE FOR THE PROMULGATION AND ENFORCEMENT OF REGULATIONS TO IMPLEMENT THOSE PURPOSES.
Rep. SNOW explained the Bill.
S. 326 -- Senator Land: A BILL TO AMEND SECTION 50-9-1020, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ASSESSMENT OF POINTS FOR HUNTING AND FISHING VIOLATIONS, SO AS TO PROVIDE FOR THE ASSESSMENT OF POINTS FOR HUNTING WATERFOWL OUT OF POSTED SEASON AND FOR TAKING MORE THAN ONE WATERFOWL OVER THE LEGAL LIMIT.
S. 464 -- Senator Drummond: A BILL TO AMEND SECTION 50-13-1170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONGAME GILL NETS, SO AS TO PROVIDE THAT ATLANTIC STURGEON CAUGHT DURING THE OPEN SEASON FOR ATLANTIC STURGEON IN LICENSED SHAD NETS LAWFULLY FISHED MAY BE KEPT BY THE FISHERMAN AND TO REQUIRE THE ATLANTIC STURGEON TO BE RETURNED TO THE WATER IF CAUGHT DURING THE CLOSED SEASON.
Rep. RHOAD explained the Bill.
S. 468 -- Senator Drummond: A BILL TO AMEND SECTION 50-11-2100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIELD TRIAL REGULATIONS, SO AS TO PROVIDE PENALTIES; AND TO REPEAL SECTIONS 50-9-110 AND 50-11-2110 RELATING TO FIELD TRIALS OF DOGS.
Rep. RHOAD explained the Bill.
S. 469 -- Senator Drummond: A BILL TO AMEND SECTION 50-1-110, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF GAME OR FISH UNLAWFULLY TAKEN, SO AS TO PROVIDE THAT WILDLIFE COMING INTO THE POSSESSION OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY BE DISPOSED OF IN THE DISCRETION OF THE DEPARTMENT.
S. 586 -- Senator Land: A BILL TO AMEND SECTION 50-9-155, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MIGRATORY WATERFOWL STAMPS, SO AS TO PROVIDE THAT THE WILDLIFE AND MARINE RESOURCES DEPARTMENT MAY PRODUCE ADDITIONAL STAMPS AS COMMEMORATIVE OR COLLECTOR'S ITEMS.
The following Bill was taken up.
H. 4168 -- Rep. M.O. Alexander: A BILL TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO REVISE THE MEMBERSHIP OF THE COMMITTEE WHEN REVIEWING CANDIDATES FOR A FAMILY COURT, CIRCUIT COURT, COURT OF APPEALS, OR SUPREME COURT JUDGESHIP.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0857o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 2-19-10 of the 1976 Code is amended to read:
"Section 2-19-10. Whenever an election is to be held by the General Assembly in Joint Session, including members of the judiciary, a joint committee, composed of eight members, four of whom shall must be members of the House of Representatives and four of whom shall must be members of the Senate, shall must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be are selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such those other officers as it may deem considers desirable. However, where the office to be filled is a family court, circuit court, court of appeals, or Supreme Court judgeship, the joint committee shall consist of four members of the House of Representatives, one of whom must not be a licensed attorney at law, and four members of the Senate, one of whom must not be a licensed attorney at law."
SECTION 2. Section 2-19-50 of the 1976 Code is amended to read:
"Section 2-19-50. All records, information and other material that the joint committee has obtained or used to make its findings of fact, except such materials, records and information presented under oath at the public hearing, shall must be kept strictly confidential and no other duty of disclosure applies. After the joint committee has reported its findings of fact, or after a candidate withdraws his name from consideration, all records, information and material required to be kept confidential shall must be destroyed."
SECTION 3. Section 2-19-60 of the 1976 Code is amended to read:
"Section 2-19-60. (A) The joint committee in the discharge of its duties may administer oaths and affirmations, take depositions and issue subpoenas to compel the attendance of witnesses and the production of books, papers, correspondence, memoranda, and other records deemed considered necessary in connection with the investigation of such the joint committee.
(B) No person shall may be excused from attending and testifying or from producing books, papers, correspondence, memoranda, or other records before the joint committee on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture disgrace or otherwise render him infamous. But The joint committee must recognize all privileges under law. no No individual shall may be prosecuted or subjected to any criminal penalty based upon testimony or evidence submitted or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against self incrimination, to testify or produce evidence, documentary or otherwise, except that such the individual so testifying shall is not be exempt from prosecution and punishment for perjury and false swearing committed in so testifying.
(C) Subpoenas must be issued in the name of the joint committee and signed by the joint committee chairman. Subpoenas may be issued to those persons as the joint committee may designate.
(D) In case of contumacy Contumacy by any a person, or refusal to obey a subpoena issued to any a person, any circuit court of this State or circuit judge thereof within the jurisdiction of which such person guilty of contumacy or refusal to obey is found, resides, or transacts business, upon application by the joint committee may issue to such persons an order requiring him to appear before the joint committee to produce evidence if so ordered or to give testimony touching the matter under investigation. Any failure to obey an order of the court may be punished as a contempt hereof. or failure to obey an order of the joint committee is deemed a contempt and the fact of this contumacy, refusal, or failure must be reported to the President of the Senate and the Speaker of the House who must certify the statement of facts under seal of the Senate and House respectively to the Attorney General, who shall initiate and pursue appropriate court action. Subpoenas shall be issued in the name of the joint committee and shall be signed by the joint committee chairman. Subpoenas shall be issued to such persons as the joint committee may designate."
SECTION 4. The 1976 Code is amended by adding:
"Section 2-19-80. Where the joint committee finds an incumbent judge for a family court, circuit court, court of appeals, or Supreme Court judgeship not qualified for the office sought, or an incumbent judge running for that judgeship withdraws or dies before the election after filing, the election for that office may not be held until additional candidates, if any, for a period of fourteen days from the date of the reopening of filing for that office have been given an opportunity to file notice of intention to seek the office pursuant to Section 2-19-20, hearings on these candidates, if necessary, have been conducted, pursuant to Section 2-19-30, and the joint committee has rendered its report concerning these additional candidates. In any circumstance, the General Assembly may, by concurrent resolution, reopen the filing period for a particular judicial office and reschedule the election, if necessary."
SECTION 5. The 1976 Code is amended by adding:
"Section 2-19-90. No person may be nominated from the floor for election to a family court, circuit court, court of appeals, or Supreme Court judgeship whose qualifications have not been reviewed by the joint review committee for that judgeship."
SECTION 6. This act takes effect upon approval by the Governor, except that the provisions of Section 2-19-10 of the 1976 Code, as amended by Section 1 of this act, take effect December 1, 1992./
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
H. 4338 -- Reps. Waites, Hayes, Keyserling, T. Rogers, Rudnick and Washington: A BILL TO AMEND SECTION 8-13-120, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE ETHICS COMMISSION, SO AS TO PROVIDE FOR THE PROCESSING OF COMPLAINTS BY THE COMMISSION AGAINST PERSONS ALLEGED TO HAVE VIOLATED THE PROVISIONS OF ETHICS LEGISLATION.
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 0876o), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 8-13-120 of the 1976 Code is amended to read:
"Section 8-13-120. It shall be is the duty of the State Ethics Commission to:
(a) To prescribe forms for statements required to be filed by this chapter, and to furnish such forms to persons required to file such the statements;
(b) To prepare and publish a manual setting forth recommended uniform methods of reporting for use by persons required to file statements required by this chapter;
(c) To accept and file any information voluntarily supplied that exceeds the requirements of this chapter;
(d) To develop a filing, coding, and cross-indexing system consonant with the purposes of this chapter;
(e) To make investigations with respect to statements complaints filed with the commission under the provisions of this chapter, and with respect to alleged failures to file any such statement and, upon complaint by any individual, with respect to alleged violations of any part of this chapter by any public official or public employee except members of the General Assembly. All such complaints by any individual with respect to alleged violations shall be investigated by the State Ethics Commission and a determination made thereon. Provided, however, that no complaint shall be accepted by the commission concerning a candidate for elective office in the fifty-day period prior to any election in which he is a candidate and any complaint filed against such candidate which was received more than fifty days prior to such election shall be disposed of by the commission or by dismissal of such complaint not less than forty days prior to the election. The provisions of the above proviso shall not apply to complaints received concerning candidates who qualify within fifty days of an election. by a person or on its own volition against a person alleged to have violated the provisions of this chapter. A copy of the complaint must be sent promptly to the person alleged to have committed the violation.
The executive director shall determine whether there are facts sufficient to allege a violation. If he determines that there are facts sufficient to allege a violation, an investigation must be initiated promptly utilizing the resources of other state agencies as may be requested. If after the preliminary investigation the commission finds that probable cause exists to support an alleged violation, it shall, as appropriate, (1) render an advisory opinion to the respondent and require the respondent's compliance with the opinion in a reasonable time, or (2) convene a formal hearing on the matter after notice of not less than thirty days after making the determination of probable cause or after a notice of not less than thirty days of the respondent's failure to comply with the advisory opinion, whichever comes later. Confidentiality of the existence of a complaint may be waived upon written authorization of the respondent. All commission investigations and records relating to the preliminary investigation are confidential.
If a hearing is to be held, the respondent must be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. At the hearing the charged party must be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits, and the right to cross-examine opposing witnesses. Upon a finding of probable cause, the commission in its discretion may authorize appointment of counsel for the complainant through the associate counsel program. The complainant has the right to waive the representation. All hearings must be conducted in executive session.
Upon completion of its investigation and a hearing on it, the commission, where appropriate, shall recommend disciplinary or administrative action or in the case of an alleged criminal violation refer the matter to the Attorney General for appropriate action. The Attorney General may seek injunctive relief or may take other appropriate action. In the case of a public employee, the commission shall file a report with the administrative department executive responsible for the activities of the employee. If the complaint is filed against an administrative department executive, the commission shall refer the case to the Governor. The investigation, commission deliberations, and hearings are confidential. The disposition of all complaints is a matter of public record.
If an alleged violation is found to be groundless by the commission, the entire matter shall be stricken from public record. If, in the opinion of the commission, the complaining party was motivated by malice or reason contrary to the spirit of this chapter, in filing the complaint without just cause, the finding shall must be reported to appropriate law enforcement authorities. The wilful filing of a complaint without just cause or with malice shall be punishable as is a misdemeanor. Any A person filing such a complaint under such circumstances shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not no more than two thousand dollars or be imprisoned for not no more than two years, or both.
No A complaint shall may not be accepted which is filed later more than three years after the alleged violation occurred. A complaint against a candidate may not be accepted within ninety days of an election in which the candidate participates. An outstanding complaint against a candidate must be disposed of at least thirty days before an election in which the candidate participates.
(f) The commission shall conduct its investigations in the following manner:
(1) When a complaint is filed with the commission, a copy shall promptly be sent to the person alleged to have committed the violation. If the commission determines the complaint does not allege facts sufficient to constitute a violation, the complaint shall be dismissed and the complainant and respondent notified. If the commission determines the complaint does allege facts sufficient to constitute a violation, it shall promptly investigate the alleged violation utilizing the resources of such other state agencies as may be requested. If after such preliminary investigation the commission finds that probable cause exists to support an alleged violation, it shall, as appropriate (a) render an advisory opinion to the respondent and require the respondent's compliance therewith within a reasonable time, or (b) convene a formal hearing on the matter after a notice of not less than thirty days after making such determination of probable cause or after a notice of not less than thirty days of the respondent's failure to comply with the advisory, whichever comes later. All commission investigations and records relating to the preliminary investigation shall be confidential.
(2) If a hearing is to be held, the respondent shall be allowed to examine and make copies of all evidence in the commission's possession relating to the charges. At the hearing the charged party shall be afforded appropriate due process protection consistent with state administrative procedures, including the right to be represented by counsel, the right to call and examine witnesses, the right to introduce exhibits and the right to cross-examine opposing witnesses. All hearings shall be conducted in executive session. Upon completion of its investigation and any hearing thereon, the commission shall, where appropriate, recommend disciplinary or administrative action or in the case of an alleged criminal violation refer the matter to the Attorney General for appropriate action. The Attorney General may seek injunctive relief or may take other appropriate action as necessary. In the case of a public employee, the commission shall file a report to the administrative department executive responsible for the activities of such employee. If the complaint is filed against an administrative department executive, the commission shall refer the case to the Governor. All actions taken by the commission on complaints, except on alleged violations which are found to be groundless by the commission, are a matter of public record.
(g)(f) To issue, upon request, and publish advisory opinions on the requirements of this chapter, based on a real or hypothetical set of circumstances; provided, that any. An opinion rendered by the commission, until amended or revoked, shall be is binding on the commission in any subsequent charges concerning the person who requested the opinion and who acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for the opinion;
(h)(g) To promulgate and publish rules and regulations to carry out the provisions of this chapter. Provided, that with respect to complaints and investigations the The rights of due process as expressed in the Rule on Disciplinary Procedure for Attorneys of the Rules of the South Carolina Supreme Court shall must be followed with respect to complaints and investigations."
SECTION 2. This act takes effect upon approval by the Governor./
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.
The following Bill was taken up.
H. 4393 -- Reps. Sheheen and Wilkins: A BILL TO AMEND SECTION 44-53-370, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PENALTIES FOR VIOLATING THE CONTROLLED SUBSTANCE LAWS, SO AS TO PROVIDE THAT THE OFFENSE OF POSSESSION WITH INTENT TO DISTRIBUTE IS A LESSER INCLUDED OFFENSE TO THE OFFENSES INCLUDED IN SUBSECTION (e).
The Judiciary Committee proposed the following Amendment No. 1 (Doc. No. 806X), which was adopted.
Amend the bill, as and if amended, by striking the paragraph added at the end of Section 44-53-370(e) as contained in SECTION 1, and inserting:
/"The offense of possession with intent to distribute described in subsection (a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection."/
Renumber sections to conform.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 1105 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-35, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT THE AUTHORITY CHARGED BY LAW WITH CONDUCTING AN ELECTION IN EACH COUNTY PUBLISH NOTICES OF ELECTIONS HELD IN THE COUNTY, SO AS TO INCLUDE IN THIS REQUIREMENT NOTIFICATION OF WHEN THE PROCESS OF EXAMINING THE ENVELOPES CONTAINING ABSENTEE BALLOTS BEGINS; TO AMEND SECTION 7-13-70, AS AMENDED, RELATING TO THE APPOINTMENT OF COMMISSIONERS OF ELECTION IN EACH COUNTY, SO AS TO REQUIRE THE COMMISSIONERS TO APPOINT A CLERK FROM AMONG MANAGERS FOR EACH POLLING PLACE IN THE COUNTY AND ONE FOR EACH POLLING PLACE IN A PRIMARY, SPECIAL, OR MUNICIPAL ELECTION; TO AMEND SECTION 7-13-80, RELATING TO THE APPOINTMENT OF A CLERK BY THE MANAGERS OF ELECTION, SO AS TO DELETE THE AUTHORITY TO APPOINT A CLERK AND ADD REFERENCES TO CLERKS; TO AMEND SECTION 7-13-810, RELATING TO THE POWERS OF MANAGERS OF ELECTIONS, SO AS TO PROVIDE THAT CHALLENGES MAY BE MADE AT ANY TIME BEFORE THE OPENING OF THE ENVELOPES CONTAINING THE ABSENTEE BALLOTS INSTEAD OF WHEN THE BALLOTS ARE COUNTED; TO AMEND SECTION 7-15-370, RELATING TO THE ITEMS REQUIRED TO BE FURNISHED EACH PERSON QUALIFIED TO RECEIVE AN ABSENTEE BALLOT, SO AS TO REQUIRE AN ENVELOPE MARKED "BALLOT HEREIN" INSTEAD OF AN UNMARKED ENVELOPE BE FURNISHED EACH QUALIFIED PERSON; AND TO AMEND SECTION 7-15-420, RELATING TO THE TABULATION AND REPORTING OF ABSENTEE BALLOTS, SO AS TO CHANGE THE TIME FOR PROCESSING THE BALLOTS FROM THE CLOSING OF THE POLLS TO 2:00 P.M. ON ELECTION DAY, AUTHORIZE WATCHERS TO BE PRESENT WHEN ABSENTEE BALLOT ENVELOPES ARE EXAMINED, REQUIRE ALL RETURN-ADDRESSED ENVELOPES RECEIVED BEFORE THE CLOSING OF THE POLLS BE EXAMINED, AND MAKE OTHER TECHNICAL CORRECTIONS.
Rep. WILKINS explained the Bill and moved to adjourn debate upon the Bill until Thursday, March 8, which was adopted.
The following Bill was taken up.
H. 4195 -- Reps. Sharpe, Bruce and Smith: A BILL TO AMEND SECTION 50-11-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, RELATING TO HUNTING SEASONS FOR SMALL GAME, SO AS TO PROVIDE THAT THERE IS NO CLOSED SEASON FOR HUNTING RABBITS WITHOUT WEAPONS IN GAME ZONES 3, 6, 7, 9, 10, AND 11 AND IN GAME ZONE 4 NO CLOSED SEASON EXCEPT IN WILDLIFE MANAGEMENT AREA HUNT UNIT BOUNDARIES.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0815X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 50-11-120 of the 1976 Code, as last amended by Act 170 of 1989, is further amended by adding before the last paragraph:
"In all game zones it is lawful to run rabbits with dogs at any time during the year in enclosures approved by the department."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Rep. McABEE proposed the following Amendment No. 2 (Doc. No. 0843X), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION __. Section 50-11-310(1) of the 1976 Code, as last amended by Act 170 of 1989, is further amended to read:
"(1) As set by the commission between the dates of October first and January first in Games Zones 1, 2, and 4. The commission may designate the sex of the deer that may be taken and may promulgate regulations for the proper control of the deer harvest in these games zones. In Game Zone 2, landowners and their immediate families may hunt and take antlered deer on their property beginning October first of each year."/
Renumber sections to conform.
Amend title to conform.
Rep. McABEE 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. 4420 -- Reps. Haskins, Gordon, Huff, M.D. Burriss, P. Harris, T.M. Burriss, Corning, Vaughn, Cork, Baxley, Wofford, Tucker and Waites: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-9-265 SO AS TO EXEMPT A NONRESIDENT SIXTY-FIVE YEARS OF AGE OR OLDER FROM OBTAINING A SOUTH CAROLINA HUNTING AND FISHING LICENSE OR PERMIT IF HIS STATE OF RESIDENCE EXTENDS SIMILAR PRIVILEGES TO SOUTH CAROLINA RESIDENTS SIXTY-FIVE YEARS OF AGE OR OLDER, AND TO PROVIDE AN EXCEPTION.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0407X), which was adopted.
Amend the bill, as and if amended, Section 50-9-265, as contained in SECTION 1, by adding before the last sentence: /A nonresident hunting or fishing under the provisions of this section shall carry on his person proof of his age and residency from the state where he resides./
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Rep. RHOAD explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading.
The following Bill was taken up.
S. 632 -- Senators Drummond, Rose and McLeod: A BILL TO AMEND SECTIONS 27-9-20 AND 27-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONSERVATION RESTRICTIONS, SO AS TO EMPOWER THE DUCKS UNLIMITED FOUNDATION TO ACQUIRE AND DISPOSE OF CONSERVATION RESTRICTIONS OR EASEMENTS IN THE SAME MANNER AND WITH THE SAME PRIVILEGES AS GOVERNMENTAL BODIES AND THE NATURE CONSERVANCY.
The Agriculture and Natural Resources Committee proposed the following Amendment No. 1 (Doc. No. 0403X), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 27-9-20 of the 1976 Code is amended to read:
"Section 27-9-20. No conservation restriction or easement as defined in Section 27-9-10 held by any a governmental body, or the Nature Conservancy, the nationally known conservation organization the Ducks Unlimited Foundation, or the Low Country Open Land Trust, which is are working with the State of South Carolina on the Heritage Trust created by executive order, whose purposes include conservation of land or water areas or of a particular such land or water area, shall be is unenforceable on account because of lack of privity of estate or contract or lack of benefit to a particular land or on account because of the benefit being assignable or being assigned to any other governmental body with like purposes, or the Nature Conservancy, the Ducks Unlimited Foundation, or the Low Country Open Land Trust. All such restrictions and easements shall must be duly recorded and indexed with the Department of Wildlife and Marine Resources and in the office of the clerk of court or register or mesne conveyances for the county where the land lies so as to effect its title, in the manner of other conveyances of interests in land, and shall must describe the land subject to the restrictions or easements by adequate legal description or by reference to a recorded plat showing its boundaries.
Such The conservation restrictions are interests in land and may be acquired by any a governmental body, or the Nature Conservancy, the Ducks Unlimited Foundation, or the Low Country Open Land Trust which has have power to acquire interests in land, in the same manner as it may acquire other interests in land. Such a restriction or easement may be enforced by injunction or proceeding in equity, and shall entitle entitles representatives of the holder of it to enter the land in a reasonable manner and at reasonable times to assure compliance. Such a restriction or easement may be released, in whole or in part, by the holder for such consideration, if any, as the holder may determine determines, in the same manner as the holder may dispose of land or other interests in land, subject to such conditions as may have been imposed at the time of creation of the restriction.
This section shall may not be construed to imply that any a restriction, easement, covenant, or condition which does not have the benefit of this section shall, on account of any provision hereof, be is unenforceable because of a provision of this chapter. Nothing in this section or Section 27-9-10 shall diminish diminishes the powers granted by any a general or special law to acquire by purchase, gift, eminent domain, or otherwise and to use land for public purposes, nor shall may it be interpreted as restricting the use of an existing or in-future easement, express or implied, in favor of any a utility or other holder of an easement for public purposes. The existence of conservation easements or restrictions shall is not of itself be proof of value as a measure of damages in any an eminent domain proceeding."
SECTION 2. The first paragraph of Section 27-9-21 of the 1976 Code is amended to read:
"Any A conservation restriction or easement as described in Sections 27-9-10 and 27-9-20 may be transferred from the Nature Conservancy, the Ducks Unlimited Foundation, or the Low Country Open Land Trust to the State or to or from an agency or department thereof of it authorized to own land, including the Wildlife and Marine Resources Commission under the Heritage Trust or to or from any local governmental body, including counties and municipalities a political subdivision of the State and the efficacy of such the restrictions or easements shall are not be affected by such the transfer."
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. RHOAD explained the amendment.
The amendment was then adopted.
Rep. NESBITT proposed the following Amendment No. 2 (Doc. No. 0498o).
Amend the bill, as and if amended, Section 27-9-20 as contained in SECTION 1, page 1, by striking lines 31 through 33, and inserting:
/organization, the Ducks Unlimited Foundation, the nationally known conservation organization to preserve wetlands, or The Nation Ford Land Trust, a nonprofit conservation organization located in York County, which is are working /
Amend further, page 1, by striking lines 43 and 44 and inserting:
/like purposes, or the Nature Conservancy, the Ducks Unlimited Foundation, or The Nation Ford Land Trust. All such/
Amend further, page 2, by striking line 13 and inserting:
/the Ducks Unlimited Foundation, or The Nation Ford Land Trust, which has/
Amend further, SECTION 2, page 3, by striking lines 10 and 11 and inserting:
/be transferred from the Nature Conservancy, the Ducks Unlimited Foundation, or The Nation Ford Land Trust to the State or/
Amend title to conform.
Rep. RHOAD explained the amendment.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 2, Rep. RHOAD having the floor.
Rep. KLAPMAN withdrew his objection to the following Bill.
H. 3384 -- Reps. Neilson, G. Bailey, Lockemy, Harwell, McKay, Phillips, Farr, Littlejohn, Moss, Glover, Fant, Wells, Cole, McCain and J. Rogers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 12-43-222 SO AS TO REQUIRE THE SELLER TO GIVE WRITTEN NOTICE TO THE PURCHASER OF REAL PROPERTY CLASSIFIED AS "AGRICULTURAL REAL PROPERTY" FOR PURPOSES OF AD VALOREM TAXATION THAT THE PROPERTY MAY BE SUBJECT TO THE ROLLBACK TAX; AND TO AMEND SECTION 12-45-70, RELATING TO THE DUE DATES FOR THE PAYMENT OF AD VALOREM TAXES, SO AS TO REQUIRE TAX NOTICES SENT TO THE OWNER OF AGRICULTURAL REAL PROPERTY TO CONTAIN A STATEMENT GIVING NOTICE OF THE PROPERTY BEING SUBJECT TO THE ROLLBACK TAX WHEN THE PROPERTY'S USE IS CHANGED AND TO REQUIRE A SELLER TO GIVE NOTICE IN WRITING TO A PURCHASER BEFORE CLOSING THE TRANSACTION OF THE ROLLBACK TAXES.
Rep. J. BAILEY withdrew his objection to S. 593 however, other objections remained upon the Bill.
Rep. SIMPSON withdrew his objection to the following Bill.
H. 4276 -- Rep. Altman: A BILL TO AMEND SECTION 56-3-1230, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIFICATIONS OF LICENSE PLATES, SO AS TO PROVIDE THAT NEW PLATES MAY BE ISSUED AT TIMES DETERMINED BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION INSTEAD OF EVERY FIVE YEARS AND TO PROVIDE THAT THE DEPARTMENT MAY REVALIDATE ALL LICENSE PLATES EXCEPT VEHICLES EXCEEDING TWENTY-SIX THOUSAND POUNDS BY STICKER OR OTHER SUITABLE MEANS UPON PAYMENT OF THE SAME FEE PRESCRIBED FOR THE INITIAL ISSUANCE; AND TO AMEND THE 1976 CODE BY ADDING SECTION 56-3-1420 SO AS TO REQUIRE THE RETURN OF SPECIAL LICENSE PLATES FOR MEMBERS OF STATE BOARDS AND COMMISSIONS UPON THE EXPIRATION OF THEIR TERMS.
Rep. K. BAILEY withdrew his objection to the following Bill whereupon an objection was raised by Rep. FABER.
H. 3007 -- Rep. M.D. Burriss: A BILL TO PROHIBIT A PERSON FROM SERVING AS A MEMBER OF A SCHOOL DISTRICT BOARD OF TRUSTEES BY WHICH THE PERSON IS EMPLOYED.
Rep. DAVENPORT withdrew his objection to S. 551 however, other objections remained upon the Bill.
Rep. K. BAILEY withdrew his objection to the following Bill.
S. 443 -- Senators Giese, Lourie, Horace C. Smith, Williams, Thomas, Hinson, J. Verne Smith, Rose, Long, Lee and Wilson: A BILL TO AMEND CHAPTER 23 OF TITLE 16 AND CHAPTER 31 OF TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FIREARMS, SO AS TO PROVIDE THAT MILITARY FIREARMS MANUFACTURED BY A FIRM LICENSED BY THE FEDERAL GOVERNMENT MAY BE LEGALLY MANUFACTURED, TRANSPORTED, POSSESSED AND SOLD WITHIN THE STATE BY THE MANUFACTURER THEREOF, AND TO REPEAL ACT 791 OF 1988.
Rep. G. BROWN, with unanimous consent, made a statement relative to a newspaper article.
Rep. FARR asked unanimous consent to recall H. 3254 from the Committee on Labor, Commerce and Industry.
Rep. R. BROWN objected.
Rep. SIMPSON asked unanimous consent to recall H. 3618 from the Committee on Agriculture and Natural Resources.
Rep. G. BROWN objected.
Rep. BEASLEY moved that the House do now adjourn, which was rejected by a division vote of 35 to 39.
The Senate amendments to the following Bill were taken up for consideration.
H. 4234 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-315 SO AS TO PROVIDE FOR THE DISCLOSURE OF CERTAIN INFORMATION PERTAINING TO A COMMUNITY RESIDENTIAL CARE FACILITY.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3817 -- Reps. Felder, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 29-5-22 SO AS TO EXTEND THE COVERAGE OF THE LABORER AND MATERIALMAN'S LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR THE IMPROVEMENT OF REAL ESTATE AND TO AMEND SECTION 29-5-10, RELATING TO MECHANICS LIENS, SO AS TO EXTEND THE COVERAGE OF THE LIEN TO THE REASONABLE RENTAL VALUE OF TOOLS, APPLIANCES, MACHINERY, OR EQUIPMENT SUPPLIED FOR USE ON A PARTICULAR BUILDING OR STRUCTURE.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4519 -- Medical, Military, Public and Municipal Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF DENTISTRY, TO REPEAL REGULATIONS OF THE BOARD GOVERNING ADVERTISING BY DENTISTS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1116, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Rep. MOSS moved to table the Joint Resolution, which was agreed to.
The Senate amendments to the following Bill were taken up for consideration.
H. 3781 -- Agriculture and Natural Resources Committee: A BILL TO AMEND SECTIONS 40-28-10, 40-28-40, 40-28-80, 40-28-100, 40-28-110, 40-28-120, 40-28-140, 40-28-160, 40-28-170, 40-28-180, 40-28-190, AND 40-28-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LANDSCAPE ARCHITECTS, SO AS TO CHANGE THE DEFINITION OF "LANDSCAPE ARCHITECT" AND "LANDSCAPE ARCHITECTURE", TO REQUIRE MEMBERS OF THE COUNCIL APPOINTED BY THE BOARD OF REGISTRATION FOR LANDSCAPE ARCHITECTS TO BE REGISTERED LANDSCAPE ARCHITECTS, TO CHANGE REFERENCES TO CERTIFICATES TO CERTIFICATES OR LICENSES, TO CHANGE QUALIFICATION AND EXAMINATION REQUIREMENTS FOR LICENSURE, TO REGULATE THE PRACTICE OF LANDSCAPE ARCHITECTURE BY A PARTNERSHIP OR CORPORATION, TO CHANGE FEES, AND TO CHANGE PENALTY PROVISIONS.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3793 -- Reps. Hearn, Wilder and Baxley: A BILL TO AMEND SECTIONS 10-5-230 AND 10-5-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA BOARD FOR BARRIER-FREE DESIGN, SO AS TO FURTHER PROVIDE FOR THE MEMBERSHIP AND OFFICERS OF THE BOARD; TO AMEND SECTION 10-5-260, RELATING TO BARRIER-FREE STANDARDS OF PUBLIC BUILDINGS, SO AS TO PROVIDE THAT THE OWNER OF A BUILDING REQUIRED TO HAVE BARRIER-FREE ELEMENTS OR COMPONENTS SHALL MAINTAIN THESE ELEMENTS OR COMPONENTS IN A SAFE AND USABLE CONDITION; TO AMEND SECTION 10-5-270, RELATING TO THE WAIVER OR MODIFICATION OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THE ENFORCEMENT, MODIFICATION, AND WAIVER OF THESE STANDARDS AND SPECIFICATIONS, AND TO REQUIRE LOCAL BUILDING BOARDS OF ADJUSTMENT APPEALS TO HAVE CERTAIN MEMBERS; TO AMEND SECTION 10-5-273, RELATING TO AN EXCEPTION TO THESE STANDARDS FOR BUILDINGS OF A CERTAIN SIZE SO AS TO REVISE THIS EXCEPTION; TO AMEND SECTION 10-5-290, RELATING TO ACTIONS FOR VIOLATION OF REGULATIONS CONCERNING BARRIER-FREE PROVISIONS, SO AS TO FURTHER PROVIDE FOR THE REGULATIONS WHICH GIVE RISE TO THESE ACTIONS; TO AMEND SECTION 10-5-300, RELATING TO THE ENFORCEMENT OF BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THIS ENFORCEMENT; TO AMEND SECTION 10-5-310, RELATING TO PENALTIES FOR FAILING TO COMPLY WITH BARRIER-FREE STANDARDS, SO AS TO PROVIDE FOR ADDITIONAL ACTS WHICH SUBJECT A PERSON PERFORMING OR FAILING TO PERFORM THEM TO THESE PENALTY PROVISIONS; AND TO AMEND SECTION 10-5-320, RELATING TO SUITS FOR INJUNCTION FOR NONCOMPLIANCE WITH BARRIER-FREE STANDARDS, SO AS TO FURTHER PROVIDE FOR THOSE PERSONS AUTHORIZED TO SEEK THIS INJUNCTIVE RELIEF.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4271 -- Reps. P. Harris, J. Harris, Mattos and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-7-285 SO AS TO PROVIDE THAT A LICENSE FOR A COMMUNITY RESIDENTIAL CARE FACILITY MUST NOT BE ISSUED WITHOUT AN INSPECTION BY THE PROTECTION AND ADVOCACY SYSTEM FOR THE HANDICAPPED, INC.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 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.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3638 -- Reps. Wilkins, Huff and McElveen: A BILL TO AMEND SECTION 20-7-2760, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPEALS FROM THE DENIAL OF A LICENSE FOR A PRIVATE CHILD DAY CARE CENTER OR HOME; SECTION 20-7-2880, RELATING TO APPEALS FROM THE WITHDRAWAL OF A STATEMENT OF REGISTRATION FOR A CENTER OR HOME; SECTION 20-7-2920, RELATING TO INJUNCTIONS AGAINST A CHURCH OR RELIGIOUS CENTER OR HOME; AND SECTION 20-7-2940, RELATING TO APPEALS FROM THE SUSPENSION OF REGISTRATION FOR A CHURCH OR RELIGIOUS CENTER OR HOME, SO AS TO PROVIDE FOR APPEALS TO AND INJUNCTIONS IN THE FAMILY COURT INSTEAD OF CIRCUIT COURT AND PROVIDE FOR THE STANDARD OF REVIEW.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 3632 -- Rep. Fair: A BILL TO AMEND SECTION 40-33-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE BOARD OF NURSING, SO AS TO PROVIDE FOR AN INCREASE IN ITS MEMBERSHIP AND FOR THEIR REPRESENTATION.
Rep. MOSS moved to adjourn debate upon the Senate amendments until Tuesday, March 13, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
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.
Rep. T.M. BURRISS explained the Senate amendment.
The House refused to agree to the Senate amendments, and a message was ordered sent accordingly.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 3919 -- Rep. Hearn: A BILL TO AMEND SECTION 42-15-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WORKERS' COMPENSATION AND THE REQUIREMENT THAT FEES FOR ATTORNEYS AND PHYSICIANS AND CHARGES OF HOSPITALS FOR SERVICES UNDER TITLE 42 ARE SUBJECT TO THE APPROVAL OF THE WORKERS' COMPENSATION COMMISSION, SO AS TO DELETE CERTAIN PROVISIONS, INCLUDING THE CRIMINAL OFFENSE AND PENALTIES, TO PROVIDE A PROCEDURE FOR OBTAINING FEES OR CHARGES, AND TO ESTABLISH A CIVIL PENALTY WHICH MAY BE IMPOSED UPON ATTORNEYS, PHYSICIANS, OR HOSPITALS WHO REPEATEDLY AND WILFULLY CHARGE FEES IN EXCESS OF THE COMMISSION'S GUIDELINES.
The following Concurrent Resolution was taken up.
H. 4599 -- Reps. Kohn, J. Bailey, Winstead and Hallman: A CONCURRENT RESOLUTION TO REQUEST THE BOARD OF TRUSTEES OF THE CHARLESTON COUNTY SCHOOL DISTRICT TO TAKE ALL STEPS NECESSARY TO HAVE CERTAIN DAYS OF INSTRUCTION MISSED BY THE STUDENTS OF THE DISTRICT WAIVED BY THE APPROPRIATE OFFICIALS OF THE STATE DEPARTMENT OF EDUCATION.
Whereas, when Hurricane Hugo hit South Carolina on September 21 and 22, 1989, many problems and complications arose including a severe disruption of the school system in our State; and
Whereas, perhaps the hardest hit school system was in the Charleston County School District where sixteen school days were missed; and
Whereas, in the aftermath of Hurricane Hugo, school administrators, teachers, students, and parents in Charleston have pulled together and done a magnificent job in coping with the problems caused by this terrible natural disaster; and
Whereas, the Charleston County School District has already made up six days of instruction on its own and under pending legislation in the General Assembly, five additional days of instruction are to be waived; and
Whereas, this pending legislation will also allow the school board to request a waiver under certain conditions from the State Department of Education of the remaining days of instruction not made up to date and not otherwise waived; and
Whereas, the members of the General Assembly, by this resolution, believe that it would be in the best interest of all those concerned in Charleston County if the school board would take all necessary steps to have these remaining days waived by the State Department of Education. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the board of trustees of the Charleston County School District to take all steps necessary to have the remaining days of instruction missed by the students of the district waived by the appropriate officials of the State Department of Education if these days have not been made up as of the date of this resolution and are not otherwise waived by applicable provisions of law.
Be it further resolved that a copy of this resolution be forwarded to the board of trustees of Charleston County School District.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. BLACKWELL moved to dispense with the Motion Period.
As a first substitute Rep. BAXLEY moved to recall H. 3356 from the Labor, Commerce and Industry Committee.
As a second substitute Rep. TUCKER moved to recall H. 4577 from the Ways and Means Committee.
Rep. J.W. JOHNSON moved to table the motion.
Rep. CARNELL demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Alexander, M.O. Alexander, T.C. Barfield Beasley Blackwell Boan Brown, H. Brown, J. Bruce Burriss, T.M. Cole Corbett Cork Corning Derrick Elliott Hallman Harrison Hendricks Jaskwhich Johnson, J.W. Keegan Keesley Keyserling Kirsh Klapman Kohn Limehouse Littlejohn Manly Mappus Martin, D. Martin, L. Mattos McCain McGinnis McLellan McTeer Neilson Nettles Quinn Rama Rogers, T. Sharpe Sheheen Simpson Smith Waites Wilkins Williams, J. Wofford Wright
Those who voted in the negative are:
Altman Baker Baxley Brown, G. Burch Carnell Chamblee Cooper Davenport Farr Ferguson Harris, J. Harris, P. Holt Johnson, J.C. Kay Kinon McAbee McLeod Moss Nesbitt Phillips Rhoad Rudnick Snow Townsend Tucker Whipper Wilder Williams, D.
So, the motion to recall H. 4577 was tabled.
As a second substitute Rep. SIMPSON moved to recall H. 3618 from the Agriculture and Natural Resources Committee.
Rep. G. BROWN moved to table the motion.
Rep. TUCKER moved that the House do now adjourn.
Rep. KLAPMAN raised the Point of Order that fifteen minutes had not elapsed since a similar motion was made, which point was sustained by the Chair.
The question then recurred to the motion to table the motion to recall H. 3618 from the Agriculture and Natural Resources Committee.
Rep. T. ROGERS demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Altman Bailey, K. Barber Barfield Baxley Beasley Blackwell Boan Brown, G. Brown, J. Bruce Carnell Chamblee Cole Corbett Davenport Derrick Elliott Fair Fant Farr Ferguson Foster Hallman Harris, J. Harris, P. Harrison Hodges Johnson, J.W. Kay Keegan Keesley Kirsh Limehouse Littlejohn Mappus Martin, D. Mattos McCain McGinnis McLeod Moss Neilson Phillips Quinn Rama Rhoad Rudnick Sharpe Smith Snow Townsend Tucker Wilder Wilkes Wright
Those who voted in the negative are:
Alexander, M.O. Alexander, T.C. Bailey, J. Baker Brown, H. Burch Burriss, T.M. Clyborne Cooper Cork Corning Faber Haskins Hendricks Holt Jaskwhich Johnson, J.C. Keyserling Kinon Klapman Lanford Manly Martin, L. McEachin McElveen McKay McLellan Nesbitt Nettles Rogers, T. Sheheen Short Simpson Waites Wells Whipper Wilkins Williams, D. Williams, J. Wofford
So, the motion to recall H. 3618 was tabled.
As a second substitute Rep. L. MARTIN moved to dispense with the balance of the Motion Period.
Rep. LIMEHOUSE moved that the House do now adjourn, which was rejected.
The question then recurred to the motion to dispense with the balance of the Motion Period, which was agreed to.
Rep. T. ROGERS moved to adjourn debate upon the following Bill until Tuesday, March 27, which was adopted.
H. 4131 -- Rep. Quinn: A BILL TO AMEND ACT 140 OF 1969, AS AMENDED, RELATING TO SCHOOL DISTRICTS AND THE COUNTY LIBRARY IN RICHLAND COUNTY, SO AS TO PROVIDE THAT BEFORE THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN RICHLAND COUNTY, A REFERENDUM IN EACH SCHOOL DISTRICT IN RICHLAND COUNTY AFFECTED BY THE CHANGE MUST BE CONDUCTED, PROVIDE FOR A METHOD OF INITIATING THE REFERENDUM, PROVIDE THAT THE RICHLAND COUNTY LEGISLATIVE DELEGATION SHALL INTRODUCE APPROPRIATE LEGISLATION ADDRESSING THE ALTERATION OF THE BOUNDARIES OF THE SCHOOL DISTRICTS IN THE COUNTY IF A MAJORITY OF THE QUALIFIED ELECTORS IN EACH DISTRICT AFFECTED BY THE CHANGE IN RICHLAND COUNTY FAVOR THEIR ALTERATION, PROVIDE A SCHEDULE FOR CONDUCTING THE REFERENDUM, AND TO PROVIDE THAT IF THE GENERAL ASSEMBLY BY ACT ALTERS ANY SCHOOL DISTRICT BOUNDARIES IN RICHLAND COUNTY OTHER THAN AS PROVIDED ABOVE, THESE ALTERATIONS MUST BE APPROVED BY THE QUALIFIED ELECTORS OF THE DISTRICTS CONCERNED BEFORE THEY MAY TAKE EFFECT.
Rep. WILKINS moved that the House recur to the morning hour, which was agreed to.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4586 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MOTOR VEHICLE DIVISION SALES OFFICE OF THE DEPARTMENT IN MARLBORO COUNTY IN HONOR OF THE LATE WADE H. CROW.
On motion of Rep. J. ROGERS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4586 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MOTOR VEHICLE DIVISION SALES OFFICE OF THE DEPARTMENT IN MARLBORO COUNTY IN HONOR OF THE LATE WADE H. CROW.
Whereas, the late Wade H. Crow was a prominent McColl merchant and civic leader who was respected throughout Marlboro County and South Carolina; and
Whereas, he was a successful businessman and farmer who devoted a major portion of his life to helping his hometown of McColl and Marlboro County grow and prosper; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding man if the Motor Vehicle Division Sales Office of the Department of Highways and Public Transportation in Marlboro County were named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the South Carolina Highways and Public Transportation Commission to name the Motor Vehicle Division Sales Office of the Department of Highways and Public Transportation in Marlboro County in honor of the late Wade H. Crow.
Be it further resolved that a copy of this resolution be forwarded to the Highways and Public Transportation Commission.
The Concurrent Resolution was adopted and ordered sent to the Senate.
Rep. FOSTER, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report, on:
H. 4587 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MARLBORO COUNTY HIGHWAY PATROL OFFICE IN HONOR OF THE LATE TROOPER FIRST CLASS GEORGE TILLMAN RADFORD.
On motion of Rep. J. ROGERS, with unanimous consent, the following Concurrent Resolution was taken up for immediate consideration:
H. 4587 -- Rep. J. Rogers: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION TO NAME THE MARLBORO COUNTY HIGHWAY PATROL OFFICE IN HONOR OF THE LATE TROOPER FIRST CLASS GEORGE TILLMAN RADFORD.
Whereas, Trooper First Class George Tillman Radford of Bennettsville who recently died at the young age of forty-one was the epitome of what a state trooper should be; and
Whereas, as an experienced veteran of the Highway Patrol and as a veteran of the Vietnam War, he conducted himself in a manner that brought deserved credit and recognition not only upon himself but upon his community and State as well; and
Whereas, the members of the General Assembly believe it would be a fitting tribute to this outstanding law enforcement officer if the Marlboro County Highway Patrol Office were named in his honor. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly request the South Carolina Highways and Public Transportation Commission to name the Marlboro County Highway Patrol Office in honor of the late Trooper First Class George Tillman Radford.
Be it further resolved that a copy of this resolution be forwarded to the Highways and Public Transportation Commission.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The following was introduced:
H. 4792 -- Rep. Bruce: A CONCURRENT RESOLUTION TO JOIN THE CELEBRATION OF THE TWENTY-FIFTH BIRTHDAY OF MASCOT HOMES, INC., OF GRAMLING IN SPARTANBURG COUNTY.
Whereas, W. E. "Ed" Mitchell founded Mascot Homes, Inc., in March of 1965 and has continued to successfully operate the manufactured housing business since that time; and
Whereas, Mascot Homes, Inc., is the only manufactured housing builder in South Carolina, a leader in its field, and has been a major contributor to the economic prosperity in its community and Spartanburg County; and
Whereas, on March 9, 1990, Mascot Homes, Inc., will celebrate its twenty-fifth birthday and the members of the General Assembly express their appreciation to Mascot Homes, Inc., for its contributions to the business sector of the State of South Carolina and join in wishing it continuing success in the future. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the members of the General Assembly join in the celebration of the twenty-fifth birthday of Mascot Homes, Inc., of Gramling in Spartanburg County.
Be it further resolved that a copy of this resolution be forwarded to W. E. "Ed" Mitchell, Chairman of the Board, and to J. E. "Eddy" Mitchell, President of Mascot Homes, Inc., P. O. Box 127, Gramling, South Carolina 29348.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 4793 -- Reps. Davenport, Cole, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION CONGRATULATING MISS GINA MARIE TOLLESON OF SPARTANBURG FOR BEING CHOSEN FIRST RUNNERUP IN THE MISS USA PAGEANT.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced and taken up for immediate consideration:
H. 4794 -- Reps. Keyserling and T. Rogers: A HOUSE RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA ARTS COMMISSION TO USE THE CHAMBER OF THE HOUSE OF REPRESENTATIVES AND THE FIRST FLOOR LOBBY AREA OF THE STATE HOUSE ON TUESDAY, MAY 8, 1990, FOR THE PRESENTATION OF THE ANNUAL VERNER AWARDS.
Be it resolved by the House of Representatives:
That the South Carolina Arts Commission is authorized to use the chamber of the House of Representatives and the first floor lobby area of the State House on Tuesday, May 8, 1990, from 5:30 p.m. to 8:30 p.m. for the presentation of the commission's annual Verner Awards.
Be it further resolved that the State House security forces provide such assistance and access as is necessary for the awards ceremony in accordance with previous procedures.
Be it further resolved that the South Carolina Arts Commission agrees in writing to reimburse General Services for any expenses incurred that are beyond the normal operational expenses of maintaining the House chamber or first floor lobby area on that date and time.
Be it further resolved that authorization for use of the House chamber is subject to cancellation should the House be in regular session on Tuesday, May 8, 1990, beyond the hour of 5:30 p.m.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 4795 -- Rep. J.C. Johnson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-7-235 SO AS TO PROVIDE THAT THE OWNERS OF RESIDENCES WHICH ABUT A PARTICULAR BLOCK OR SECTION OF A STREET OR HIGHWAY WITHIN THE JURISDICTION OF A COUNTY OR MUNICIPALITY MAY PETITION THE GOVERNING BODY OF THAT COUNTY OR MUNICIPALITY TO INSTALL SPEED CONTROL DEVICES ALONG THAT BLOCK OR SECTION, AND TO PROVIDE THAT IF THE PETITION CONTAINS THE SIGNATURES OF AT LEAST TWO-THIRDS OF THESE OWNERS, THE OWNERS AT THEIR EXPENSE ARE AUTHORIZED TO INSTALL AND MAINTAIN THESE SPEED CONTROL DEVICES IF THE GOVERNING BODY OF THE COUNTY OR MUNICIPALITY REFUSES.
Referred to Committee on Education and Public Works.
H. 4796 -- Reps. J.C. Johnson, McAbee, Jaskwhich and Carnell: A BILL TO AMEND SECTION 12-43-300, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENT OF REAL PROPERTY, SO AS TO SET THE TIME PERIOD FOR THE ASSESSOR TO MAIL WRITTEN NOTICE OF HIS DECISION ON AN OBJECTION BY THE PROPERTY OWNER.
Referred to Committee on Ways and Means.
H. 4797 -- Reps. J.C. Johnson, McAbee and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-15-45 SO AS TO PROVIDE THAT LOCALLY OPERATED MENTAL HEALTH CENTERS INDEPENDENTLY MAY SOLICIT CONTRIBUTIONS AND RAISE FUNDS FOR THE BENEFIT, OPERATION, AND MAINTENANCE OF THE LOCAL FACILITY, AND TO PROVIDE FOR AN ACCOUNTING OF THE FUNDS.
Referred to Committee on Medical, Military, Public and Municipal Affairs.
H. 4798 -- Reps. J.C. Johnson, Carnell and McAbee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE XVI OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO AMENDMENT OF THE CONSTITUTION, SO AS TO PROVIDE THAT AMENDMENTS AGREED TO BY THE MEMBERS OF THE GENERAL ASSEMBLY MUST BE SUBMITTED AT THE NEXT GENERAL ELECTION FOR REPRESENTATIVES THAT IS NOT A PRESIDENTIAL ELECTION YEAR UNLESS THE GENERAL ASSEMBLY SPECIFICALLY PROVIDES OTHERWISE.
Referred to Committee on Judiciary.
H. 4799 -- Rep. J.C. Johnson: A BILL TO AMEND SECTION 59-20-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEACHER REQUIREMENTS AND SALARY SCHEDULES, SO AS TO PROVIDE THAT THE MINIMUM SALARY SCHEDULE MUST NOT PROVIDE A LIMIT ON TEACHERS' SALARIES BASED UPON EXPERIENCE.
Referred to Committee on Ways and Means.
H. 4803 -- Reps. J.C. Johnson, McAbee, Jaskwhich and Carnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-290 SO AS TO PROVIDE THAT SCHOOL OFFICIALS SHALL REPORT TO THE PROPER LAW ENFORCEMENT AGENCY CONDUCT OF STUDENTS INVOLVING WEAPONS AND CONTROLLED SUBSTANCES.
Referred to Committee on Education and Public Works.
H. 4804 -- Rep. Limehouse: A BILL TO REQUIRE AN INSURER ISSUING OR DELIVERING A POLICY OF RESIDENTIAL PROPERTY INSURANCE IN THIS STATE TO OFFER THE NAMED INSURED COVERAGE FOR LOSS OR DAMAGE CAUSED BY THE PERIL OF EARTHQUAKE.
Referred to Committee on Labor, Commerce and Industry.
H. 4805 -- Reps. Wilkins, McAbee, Mappus, T.M. Burriss, Cork, Felder, Hayes, Elliott, J.W. Johnson, Winstead, Carnell, P. Harris, Burch, Hodges, Haskins, J. Williams and Gregory: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-3-531 SO AS TO PROVIDE THAT CERTAIN ACTIONS RELATING TO ASBESTOS IN PUBLIC AND PRIVATE BUILDINGS ACCRUING BEFORE THE EFFECTIVE DATE OF THIS SECTION ARE REVIVED, AND MUST BE COMMENCED, IF NOT ALREADY COMMENCED, NO LATER THAN JULY 1, 1991, AND TO PROVIDE FOR A FIVE-YEAR STATUTE OF LIMITATIONS PERIOD FOR CERTAIN ASBESTOS ACTIONS ACCRUING ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION.
Referred to Committee on Judiciary.
H. 4806 -- Reps. Faber, T. Rogers, Farr, D. Williams, Ferguson, Taylor, Waites, Fant, J. Brown and Washington: A BILL TO MAKE IT A MISDEMEANOR FOR A LANDOWNER, REAL PROPERTY LEASING COMPANY, OR REAL PROPERTY MANAGEMENT FIRM TO RENT OR LEASE RESIDENTIAL REAL PROPERTY WHICH DOES NOT MEET CERTAIN MINIMUM RENTAL OR LEASING STANDARDS AND CONDITIONS, AND TO PROVIDE A PENALTY.
Referred to Committee on Judiciary.
Rep. BLACKWELL moved that the House do now adjourn, which was adopted.
The Senate returned to the House with concurrence the following:
H. 4774 -- Reps. Corning, T.M. Burriss, M.O. Alexander, T.C. Alexander, T. Rogers, Felder, Taylor, Hendricks, Simpson, Wells, Snow, Bennett, Chamblee, McLellan, Cooper, Beasley, Waldrop, Bruce, Kirsh, Haskins, Wright, Baxley and McAbee: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLEMSON UNIVERSITY BASKETBALL TEAM AND COACH CLIFF ELLIS ON WINNING THE ATLANTIC COAST CONFERENCE REGULAR SEASON TITLE AND TO WISH THEM THE BEST IN THE UPCOMING ATLANTIC COAST CONFERENCE TOURNAMENT.
H. 4785 -- Reps. P. Harris and Tucker: A CONCURRENT RESOLUTION TO RECOGNIZE MR. JAMES B. "BUCK" TERRY, JR., OF ANDERSON UPON HIS RESIGNATION FROM THE ANDERSON COUNTY PLANNING AND DEVELOPMENT BOARD AND FROM HIS POSITION AS CITY EXECUTIVE AT FIRST CITIZENS BANK OF SOUTH CAROLINA AND TO WISH HIM WELL IN HIS FUTURE ENDEAVORS.
H. 4792 -- Rep. Bruce: A CONCURRENT RESOLUTION TO JOIN THE CELEBRATION OF THE TWENTY-FIFTH BIRTHDAY OF MASCOT HOMES, INC., OF GRAMLING IN SPARTANBURG COUNTY.
H. 4793 -- Reps. Davenport, Cole, Littlejohn, Ferguson, Lanford, McGinnis, Bruce and Wells: A CONCURRENT RESOLUTION CONGRATULATING MISS GINA MARIE TOLLESON OF SPARTANBURG FOR BEING CHOSEN FIRST RUNNERUP IN THE MISS USA PAGEANT.
At 12:10 P.M. the House in accordance with the motion of Rep. BAKER adjourned in memory of Stephanie Leanne Moore, Gerald Lamond Sullivan and David Lewis Nimmons, students at Woodmont High School to meet at 10:00 A.M. tomorrow.
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